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National Communication Systems
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National Communication Systems
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Records of the White House Office of Science and Technology (George H. W. Bush Administration)
John F. O'Neil Subject Files
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Originally Processed With FOIA(s):
FOIA Number:
2005-0336-F
2005-0336-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin:
Science and Technology Policy, Office of (OSTP)
Series:
O'Neil, John F., Files
Subseries:
Telecommunications Files
OA/ID Number:
62106
Folder ID Number:
62106-004
Folder Title:
National Communication Systems
Stack:
Row:
Section:
Shelf:
Position:
O
0
0
O
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
01. Report
Security of the Public Switched Network (12 pp.)
8/91
(b)(1)
Collection:
Record Group:
Bush Presidential Records
Office:
Science and Technology Policy, Office of (OSTP)
Series:
O'Neil, John F., Files
Subseries:
Telecommunications Files
WHORM Cat.:
File Location:
National Communication Systems
Date Closed:
6/3/2010
OA/ID Number:
62106-004
FOIA/SYS Case #:
2005-0336-F
Appeal Case #:
Re-review Case #:
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02. Report
Security of the Public Switched Network (12 pp.)
8/91
(b)(1)
Collection:
Record Group:
Bush Presidential Records
Office:
Science and Technology Policy, Office of (OSTP)
Series:
O'Neil, John F., Files
Subseries:
Telecommunications Files
WHORM Cat.:
File Location:
National Communication Systems
Date Closed:
6/3/2010
OA/ID Number:
62106-004
FOIA/SYS Case #:
2005-0336-F
Appeal Case #:
Re-review Case #:
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
03. Report
Security of the Public Switched Network (16 pp.)
7/92
(b)(1)
Collection:
Record Group:
Bush Presidential Records
Office:
Science and Technology Policy, Office of (OSTP)
Series:
O'Neil, John F., Files
Subseries:
Telecommunications Files
WHORM Cat.:
File Location:
National Communication Systems
Date Closed:
6/3/2010
OA/ID Number:
62106-004
FOIA/SYS Case #:
2005-0336-F
Appeal Case #:
Re-review Case #:
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
National Plan for Telecommunications Support
in Non-Wartime Emergencies
NATIONAL COORDINATING NCC ) CENTER
NATIONAL COMMUNICATIONS * NCS * * SYSTEM
Mr. Curt Law
National Coordinating Center
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
PURPOSE
- Provide an overview of the NCS, and
- Discuss the National Plan for Telecommunications
Support in Non-Wartime Emergencies and its relationship
to ESF #2 and the Federal Response Plan
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
AGENDA
- Overview of the NCS and NCC
- Overview of the National Plan
- National Level Responsibilities and
Deployment Sequence
- ESF #2 and the National Plan
NATIONAL COMMUNICATIONS SYSTEM
MISSION
The NCS Assists
»
The President
»
The National Security Council
The Office of Science and Technology Policy
»
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 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.
Executive Order 12474
April 3, 1984
NATIONAL COMMUNICATIONS SYSTEM
ORGANIZATION
PRESIDENT
NSTAC
CONGRESS
-
OMB OSTP NSC
IES
EXECUTIVE AGENT NCS
SECDEF
OFFICE OF THE
FCC
MANAGER NCS
DOD
GSA
TREAS
NASA
DOS
CIA
FEMA
USIA
DOE
JCS
DOC
NTIA
NSA
DOT/FAA
DOJ
USDA
DOI
VA
HHS
FCC
NRC
FRS
USPS
NATIONAL COORDINATING CENTER
MISSION
The National Coordinating Center (NCC) is:
» a JOINT FEDERAL GOVERNMENT and
TELECOMMUNICATIONS INDUSTRY organization
» dedicated to the support of FEDERAL GOVERNMENT
NS/EP Telecommunications Requirements
NATIONAL
COORDINATING
GOVERNMENT
INDUSTRY
CENTER
NATIONAL COORDINATING CENTER
EMERGENCY OPERATIONS
» ASSESS Damage
»
IDENTIFY NS/EP Requirements
»
PRIORITIZE as necessary
»
COORDINATE/DIRECT Restoration
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
National Plan Purpose
Serves as the basis for planning and for utilization of
national telecommunication assets and resources in support
of non-wartime emergencies, including those covered by
the Stafford Act, as amended, during Presidentially
declared Emergencies and Major Disasters, or in
Extraordinary Situations
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
BACKGROUND
»
PUBLISHED BY OSTP - SIGNED BY DIR, OSTP; PREPARED BY JTRB
» APPLICABLE TO ALL FEDERAL DEPARTMENTS & AGENCIES
PURPOSE
»
PROVIDE BASIS FOR NS/EP TELECOM SUPPORT PLANNING
»
DEFINE PROCESS FOR UTILIZATION OF NATIONAL TELECOM
RESOURCES IN ALL NON-WARTIME EMERGENCIES
»
DESCRIBE THE NCS' RESPONSE/SUPPORT STRUCTURE
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
Federal Response Plan
Describes Federal Governments Response and Recovery
role for significant natural disasters
Prescribes a concept of operations for Federal departments
and agencies responsibilities
12 ESFs
Currently before Agency/Department Heads for concurrance
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
Situations Covered by the Plan
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
National Level Support Structure
CDRG
Chairman: AD, SLPS
EST
FCO
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
Response Concept
Telecommunications
Requirments
are Met
Disaster Field Officer (DFO)
Federal Coordinating Officer
Established at Scene, FRCM
(FCO) Appointed by
GSA Assigns an FECC
Assiged
Telecommunications
Director, FEMA,
Telecommunications
Reruirements Met
on behalf of the President
Management Resp onsibilities
FCO Requests that
GSA Assign an FECC
FCO Requests that
Telecommunications
NCC Assign a CRM
Requirments Met
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
CONCEPT OF OPERATIONS
FEDERAL
COORDINATING
OFFICER
EMERGENCY
RESPONSE COMM
TEAM
FEMA
REGIONAL
COMMUNICATIONS
MANAGER
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
CONCEPT OF OPERATIONS
FEDERAL
COORDINATING
MANAGER
OFFICER
NCS
JTRB
EMERGENCY
NATIONAL
RESPONSE
ESF 02
COORDINATING
TEAM
CENTER
FEDERAL
EMERGENCY
COMMUNICATIONS
COORDINATOR
EMERGENCY COMMUNICATIONS STAFF
FEMA GSA NCC (FCC) (NITA) (DOD) (OTHERS)
COMMERCIAL CARRIER REPS
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
CONCEPT OF OPERATIONS
EXECUTIVE OFFICE
OF THE PRESIDENT
OSTP
CATASTROPHIC
DISASTER
RESPONSE
ESF02
JOINT
GROUP
TELECOMMUNICATIONS
RESOURCES
MGR
BOARD
NCS
EMERGENCY
SUPPORT
TEAM
ESF02
NATIONAL
COORDINATING
CENTER
EMERGENCY
RESPONSE
TEAM
ESF02
NATIONAL PLAN FOR TELECOMMUNICATIONS
SUPPORT IN NON-WARTIME EMERGENCIES
Summary
ESF #2 of the Federal Response Plan is derived
from the National Plan
Requirements Satisfied at the Lowest Level Possible
NATIONAL COMMUNICATIONS SYSTEM
sverem
OFFICE OF THE MANAGER
WASHINGTON, D.C. 20305 2010
2 June 1986
IN REPLY REFER TO:
NCS-A
MEMORANDUM FOR DISTRIBUTION
Subject: Draft of Major Emergency Action Paper, "Comm-01--Use
Presidential War Emergency Powers over National
Telecommunication Resources"
1. Request your review and comment by 16 June 1986 regarding
subject draft paper, which we have prepared for ultimate
incorporation into the Federal Emergency Management Agency's
(FEMA) series of Major Emergency Action (MEA) Papers.
2. According to FEMA, the MEA Papers are intended to address a
variety of functional areas and designed for use in the option
identification phase of the policy process, when a policy-maker's
primary concern is to understand the problem, range of available
options, and where to find more detailed information.
Consequently, in the enclosed draft we have followed FEMA'
standard format. However, we have noted in the draft that
several appendices (i.e., "Information Requirements, "Benefits
and Costs, and "Implementation Outline") are to be provided
later. We have not yet developed such appendices because we do
not feel they would in this case add to the utility of the
Paper.
3. We specifically request your opinion concerning the utility
of such appendices. If you think one or more of them would be
useful, please recommend the subject, scope and type of
information to be included. Comments received before 6 June 1986
will be used to prepare a revised version of the draft for use in
the upcoming exercise. Any questions should be addressed to
Major Marilyn H. David (746-1275) or myself (692-6957).
MacPlenson
J. RANDOLPH MacPHERSON
Chief Regulatory
Counsel-Telecommunications
1 Enclosure
Draft Paper
Distribution:
See enclosed list
Distribution:
National Security Council, Mr. Grimes
Office of Science & Technology Policy,
Col. M. Roesch, Mr. D. Garrett
Federal Emergency Management Agency, Mr. S. Hood
National Telecommunications & Information Admin.,
Mr. R. Parlow, Mr. Wm. Gamble
Federal Communications Commission, Mr. R. Haller, Mr. S. E. Overby
American Telephone & Telegraph Company, Mr. W. Alderson
Bell Communications Research, Inc., Mr. M. Konow
Defense Communications Agency,
Mr. E. Harding, Col. K. Killingstad
Deputy Manager, NCS, Mr. B. Morriss
Assistant Deputy Manager, NCS, Col. R. Williams
NCS-TS, Mr. D. Bodson
NCS-EP, Col. Wm. Schooler
NCS-SCIF, Mr. E. Cain
NCS-PP, Dr. B. Barrow
NCS-EP-S, Mr. D. Barr
NCS-DBM, Mr. J. Pointer, Mr. N. Douglas
DCA, Code 603, Mr. D. Havlu
Industry Representatives, NCC
ACTION: COMM-01--USE PRESIDENTIAL WAR EMERGENCY POWERS OVER
NATIONAL TELECOMMUNICATION RESOURCES
Responsible Agency: Office of Science and Technology Policy
(OSTP)
Policy Official: Director, OSTP
Program Official: Manager, National Communications System (NCS)
Date of Paper: 29 May 1986
PURPOSE: To use Section 706, "War Powers of President,' of the Communications
Act of 1934 (47 United States Code Section 151, et seq.). This allows the
President of the United States, during times of emergency or war, to exercise
extraordinary management or control over national telecommunication resources
in order to meet requirements for telecommunication services beyond those
normally provided by or available from individual commercial suppliers or
government agencies.
RELEVANT CONDITIONS: The President's various war emergency powers over
telecommunications may be used to meet the needs of national defense and/or
security only (1) during war involving the US or (2) upon presidential
proclamation of a state or threat of war involving the US or a state of public
peril, disaster, or other national emergency. The war emergency powers also
permit the President during war to use US armed forces to prevent actual or
threatened physical obstruction or retardation of interstate and foreign
communication, if required in the public interest. The President may use more
than one of the war emergency powers at a time.
BACKGROUND:
Legislative history and previous uses of Section 706.
World War I caused Congress to recognize a need for the President to
assume control of commercial and private telephone, telegraph, radio, and
other telecommunication systems during wartime. According to congressional
history, such control was necessary to "insure the continuous operation of
electrical communicating systems, to guard the secrecy of war dispatches, and
prevent communications between public enemies (House Report 65-741, 4
July 1918). Hence, Congress passed Public Resolution No. 38, 65th Congress
(40 Stat 904, 16 July 1918), granting authority for such control to the
President. Congress looked in part to this law in later drafting Section 706
of the Communications Act of 1934, which now conveys similar authority to the
President.
Under Public Resolution No. 38, the President in 1918 designated the
Postmaster General as his agent to take possession of and control over the
operation of telephone and telegraph companies, including even the setting of
intrastate rates. The President's power to exercise such control over
intrastate and private telecommunication services withstood a series of legal
challenges based upon state police power. See Dakota Cent. Telephone Co. V.
State of South Dakota ex rel. Payne, 250 U.S. 163, 39 S.Ct. 507 (1919); State
V. Public Service Commission, 111 Wash. 130, 188 P. 7 (1920); and State ex
rel. Southwestern Bell Telephone Co. v. Public Service Commission, 233 S.W.
425 (Mo. Sup. 1921).
Although this law was repealed later in 1919, Congress subsequently
granted similar powers over radio communications again to the President
ENCL.
through the Communications Act of 1934. The Act was amended in 1942 to bring
such wire communications as telephone and telegraph systems also once again
within the presidential war emergency powers. Congressional thinking
recognized that comprehensive presidential control over telecommunications
could be pivotal in war or national emergencies. Furthermore, according to
Congress,
...
the difficulty of predicting wartime needs, the great
number of [wire communications] companies in the field, and
the necessity of swift action in emergency situations makes
it essential that authority be granted to the Executive for
the taking of immediate and appropriate measures without
having to negotiate the transaction and procure the assent of
the companies. [House Report No. 77-1546 (18 December 1942),
at 3.]
The same rationale probably led President Franklin D. Roosevelt on 6 March
1942 to delegate the exercise of his war emergency powers to the Defense
Communications Board. (Reference: Executive Order No. 9089, included at
Appendix H.) However, the Board never acted under the war emergency powers
but instead served merely as an interface with a cooperative telephone
industry.
President Harry S. Truman next acted under the war emergency powers on 10
December 1951, during the Korean War. He delegated to the Federal
Communications Commission (FCC) limited authority to minimize the use of radio
stations which could aid enemy navigation. (Reference: Executive Order No.
10312, included at Appendix H.) The FCC never exercised the war emergency
powers, presumably because the war was limited to a foreign theatre and caused
no major destruction of domestic assets.
Current significance of Section 706. Section 706 still is an important
presidential tool, due largely to the fact that the federal government is
heavily dependent upon commercial communications. Approximately ninety-five
percent of the telecommunication services in the continental US and 50 percent
overseas are provided for the federal government by commercial carriers.
Non-wartime emergencies. Managing telecommunication resources during
civil and non-wartime emergencies is the shared responsibility of the member
organizations of the Joint Telecommunications Resources Board (JTRB). See
"Alternate Levels of Implementation," below.
Restoration Priority System. Because the federal government relies
primarily upon commercial providers for telecommunications required for
national defense and crisis response, the National Communications System
(NCS)1 (see footnotes at Appendix A) and Federal Communications Commission
(FCC) have jointly promulgated a Restoration Priority (RP) System which
prioritizes, during both peacetime and crisis, the restoration of critical
federal telecommunication circuits. (Reference: 47 Code of Federal
Regulations Section 211, et. seq.) The RP System is one of the mechanisms by
which the NCS assists the President, National Security Council, and Director
of the Office of Science and Technology Policy (OSTP) in the (1) exercise of
their respective national security emergency preparedness (NSEP)
responsibilities and (2) coordination of the planning for and provision of
2
federal government NSEP telecommuncations under all circumstances, including
emergency, attack, or war. The Manager, NCS, monitors the status of critical
situations which could develop into emergencies or major disasters, provides
recommendations concerning telecommunication resources and national
priorities, and maintains working relationships with commercial
telecommunication service providers through the National Coordinating Center
(NCC). 2 (See footnotes at Appendix A.) The federal government,
telecommunications industry, and NCC use the "NSEP Telecommunications
Procedures" (June 1985) to guide their activities with respect to provisioning
and restoration of NSEP telecommunication services. (An NSEP
Telecommunication Services Priority System is currently under development to
replace the RP System.)
However, when national defense and security call for more pervasive
control over telecommunications resources, Congress intended for the President
to use war emergency powers under Section 706 of the Communications Act of
1934.
ALTERNATE LEVELS OF IMPLEMENTATION:
a. Use of War Emergency Powers under Section 706. Presidential war
emergency powers may be divided into the following five categories, each
having its own conditions precedent for use. More than one power may be
exercised contemporaneously, as long as conditions precedent for each power
are satisfied.
(1) War Emergency Powers under Subsection 706(c): All Radio
Communications.
During periods of (a) war involving the US, (b) threat of war
involving the US, (c) state of public peril or disaster or other national
emergency, or (d) a need to preserve the neutrality of the US: The President
may suspend or amend FCC-prescribed rules and regulations applicable to any or
all stations or devices capable of emitting electromagnetic radiations within
the jurisdiction of the US. Such stations and devices include those involved
in radio, microwave, and satellite links; other telecommunication services
whose transmission paths are not confined to wire or cable; and such other
electromagnetic services as radar.3 (See footnotes at Appendix A.) This
section does not pertain to telephone exchange or other services which use
solely undersea, fiber optic, or metal cable.
Other conditions precedent:
(a) The President must find the action necessary for national
defense or security.
(b) The President must issue a proclamation that (i) war
involving the US; (ii) threat of war involving the US; or (iii) state of
public peril or disaster or other national emergency, as applicable, exists.
(c) No such proclamation is necessary if the war emergency
powers are being used solely in response to a need to preserve the neutrality
of the US. In such a case, however, the President must at the least determine
the existence, and is advised to proceed as well with a proclamation, of a
need to preserve the neutrality of the US. [Reference: 47 United States Code
Subsection 706(c).]
3
Note: Additional presidential war emergency powers may be
exercised over stations or devices capable of emitting electromagnetic
radiations within the standards set out in paragraph (2) below. Note, also,
the prevailing technological tendency to utilize both wire/cable and
electromagnetic radiating stations and devices in providing a single
telecommunications service. As a result, presidential war emergency power,
broader than is allowed under this section alone, may be exercised over the
wire/cable portion of such a service under Subsection 706(d), as described in
paragraph (3) below. Thus, use of this portion of Subsection 706(c) should be
accompanied by simultaneous use of Subsection 706(d).
(2) War Emergency Powers under Subsection 706(c): Radio
Communications between 10 KiloHertz and 100,000 MegaHertz.
During periods of a) war involving the US, (b) threat of war
involving the US, (c) state of public peril or disaster or other national
emergency, or (d) a need to preserve the neutrality of the US: The President
may cause the closing of, removal of apparatus and equipment from, or
authorize US governmental use or control of any station for radio
communication or any device capable of emitting electromagnetic radiations
between 10 kiloHertz and 100,000 megaHertz which is suitable for use as a
navigational aid beyond five miles. Such stations and devices include
commercial and public broadcast television stations; amateur and citizen band
radio sets; and MUSAK broadcast systems; as well as radio, laser, and sonar
devices designed primarily for navigational purposes.3 (See footnotes at
Appendix A.)
Other conditions precedent:
(a) The President must find the action necessary for
national defense or security.
(b) The President must issue a proclamation that (i) war
involving the US; (ii) threat of war involving the US; or (iii) state of
public peril or disaster or other national emergency, as applicable, exists.
(c) No such proclamation is necessary if the war emergency
powers are being used solely in response to a need to preserve the neutrality
of the US. In such a case, however, the President must at the least determine
the existence, and is advised to proceed as well with a proclamation, of a
need to preserve the neutrality of the US. [Reference: 47 United States Code
Subsection 706(c).]
Note, as above, the prevailing technological tendency to utilize
both wire/cable and electromagnetic radiating stations and devices in
providing a single telecommunications service. As a result, presidential war
emergency power, broader than is allowed under this section alone, may be
exercised over the wire/cable portion of such a service under Subsection
706(d), as described in paragraph (3) below. Thus, use of this portion of
Subsection 706(d). 706(c) should also be accompanied by simultaneous use of Subsection
4
(3) War Emergency Powers under Subsection 706(d): All Wire
Communications.
During periods of a) war, or (b) threat of war, involving the
US: The President may suspend or amend FCC-prescribed rules and regulations
applicable to, cause the closing of or removal of apparatus and equipment
from, or authorize US governmental use or control of any or all facilities or
stations for wire communications within US jurisdiction. Such facilities and
stations include those used to provide such services as telephone, telegraph,
and datafax. (See footnotes at Appendix A.)
Other conditions precedent:
(a) The President must find the action necessary for
national defense and security.
(b) The President must issue a proclamation that war or
threat of war involving the US, as applicable, exists. [Reference: 47 United
States Code Subsection 706(d).]
Note, as above, the prevailing technological tendency to utilize
both wire/cable and electromagnetic radiating stations and devices in
providing a single telecommunications service. As a result, wire/cable
services frequently interconnect with microwave or satellite links, which
qualify for treatment only under Subsection 706(c) above. Thus, use of this
subsection, 706(d), should always be accompanied by the simultaneous use of
Subsection 706(c).
(4) War Emergency Powers under Subsection 706(a): All
Telecommunications.
During a war involving the US: The President may direct that
communications essential to national defense and security have preference or
priority with any commercial or governmental carrier. The President may issue
such orders directly, through designated persons, or through the Federal
Communications Commission (FCC).
Other conditions precedent:
(a) The President must find the action necessary for national
defense and security.
(b) The required state of war is a position reached either by
a Congressional declaration of war under Article 1, Section 8, Clause 11 of
the US Constitution or by a direct attack on the US. [Reference: 47 United
States Code Subsection 706(a).]
(5) War Emergency Powers under Subsection 706(b): Interstate or
Foreign Telecommunications.
During a war involving the US: The President may use the armed
forces to prevent actual or threatened physical obstruction or retardation of
interstate or foreign communication.
Other conditions precedent:
(a) The President must find the action required in the public
interest.
5
(b) The required state of war is a position reached either by
a Congressional declaration of war under Article 1, Section 8, Clause 11 of
the US Constitution or by a direct attack on the US. [Reference: 47 United
States Code Subsection 706(b).]
b. Emergency Communications Management Short of Using Presidential War
Emergency Powers under Section 706. Crises and emergencies with significant
telecommunications implications, yet where presidential war emergency powers
under Section 706 have not been or cannot be used, may be referred for action
either to the FCC or Joint Telecommunications Resources Board (JTRB).
(1) The Director, Office of Science and Technology Policy (OSTP)
chairs the JIRB. The following organizations, represented by the officials
noted, are Board members: Department of Defense, by the Assistant Secretary
for Command, Control, Communications and Intelligence; Department of Commerce,
by the Assistant Secretary for Communications and Information; General
Services Administration, by the Commissioner, Information Resources Management
Service; Federal Emergency Management Agency (FEMA), by the Assistant
Associate Director for Information Resources Management; FCC, by the Defense
Commissioner; and National Communications System (NCS), by the Manager.
1984) (Reference: Section 2(b), Executive Order 12472, 49 Fed. Reg. 67, 5 April
(2) Such crises and emergencies include (a) emergencies and major
disasters declared by the President; (b) extraordinary situations declared by
FEMA; and (c) critical situations having potential to develop into
emergencies, major disasters, or extraordinary situations declared by the
President or FEMA. (Reference: JTRB Standard Operating Procedures, July 1985)
(3) Federal departments and agencies will report information
regarding such crises or emergencies to the NCS/Defense Communications Agency
(DCA) Operations Center (OC), National Coordinating Center (NCC), FEMA
Emergency Information Coordinating Center (EICC), or other federal agency
operations centers as necessary. (Reference: JIRB Standard Operating
Procedures, July 1985)
(4) The Manager, NCS and Director, FEMA will evaluate the
information and consult as necessary with the FCC, NCS Executive Agent
(Secretary of Defense) and NCS Committee of Principals. If necessary, the
Manager, NCS and Director, FEMA will report the information to the chairman,
JTRB and White House Crisis Management Center. When needed, the Chairman,
JTRB will provide advice and refer the information for action to the
President, Board members, and other necessary agencies. Such action may
include reprioritizing the restoration of telecommunications services;
implementing emergency telecommunications procedures; implementing federal
recovery operations under the Disaster Relief Act of 1974 (42 U.S.C. 5121 et.
seq.); establishing priorities regarding, and forcing acceptance and
performance of, certain telecommunication contracts, and allocating
telecommunications equipment and materials, under the Defense Priorities and
Allocation System (50 United States Code Appendix Sections 2071-2073,
2151-2157, 2159, and 2163); or merely monitoring potential and actual
emergency situations using the resources of the NCC and FEMA EICC. The
National Security Council will advise and assist the President in coordinating
any such action within the federal government. (Reference: Section 2b,
Executive Order 12472, 5 April 1984)
6
AUTHORITIES: See Appendix F.
EXPECTED BENEFITS: The primary benefit would be permitting the President to
take immediate and necessary measures affecting commercial telecommunication
services without having to negotiate the transaction or procure the assent of
the affected telecommunications companies. This would enhance the national
ability to ensure security, priority, and continuous operation of war- or
emergency-related telecommunication services; permit improved response to
emergency conditions; and contribute to continuity of government.
EXPECTED COSTS: These include, first, financial costs associated with (a)
personnel and administrative responsibilities incurred in the course of
government management or control of commercial telecommunication companies and
(b) compensating affected commercial telecommunications companies for the
value of services rendered or appropriated; second, possible degradation of
telecommunications support to civil and private sectors; third, possible
exposure to (a) lawsuits based on alleged infringement of state police power
and (b) liability under the Federal Tort Claims Act (28 United States Code
Sections 1291, 1346, 1402, 2401, 2402, 2411, 2412, 2671, et. seq.) for
compensating telecommunications company customers or employees injured while
the affected companies endure federal control; and, fourth, burdening the
Executive Branch with responsibility for national telecommunications
management, for which it may be under-equipped and ill-trained.
DECISION PROCESS:
a. The JIRB and/or Director, OSTP will determine that (1) existing FCC
and JTRB authorities are not adequate to satisfy the telecommunication needs
of national defense and/or security, (2) federal control or protection of
telecommunication assets (including commercial, private, and/or intrastate) is
necessary, and (3) conditions precedent to such federal control or protection,
as prescribed in Section 706 (see "Alternate Levels of Implementation," above)
have been or will soon be met. The Director, OSTP will normally make this
determination in coordination with the Executive Agent, NCS; Chairman/Defense
Commissioner, FCC; and other JIRB members, as necessary.
b. The Director, OSTP will coordinate his determination with the
Assistant to the President for National Security Affairs. He will also
provide a recommendation to use part or all of the war emergency powers, and
any other advice and assistance concerning exercise of the war emergency
powers, to the National Security Council.
C. The President will adopt or reject the recommendation.
IMPLEMENTATION PROCESS:
a. The President will issue a proclamation or declaration of war or other
national emergency in accordance with the National Emergencies Act (50 United
States Code Section 1601, et. seq.). The President must specify in the
proclamation, declaration, or associated executive order the specific
provisions of Section 706 under which action is proposed. Any such
proclamation, declaration, or executive order must eventually be published in
the Federal Register and transmitted to Congress. (Reference: 50 United
States Code Section 1631) In addition, the Executive Branch will transmit to
the Congress all significant orders of the President and rules and regulations
7
issued by executive agencies pursuant to such a presidential proclamation,
declaration, or executive order, promptly and with appropriate
confidentiality. [Reference: 50 United States Code Section 1641(b).]
b. In the alternative, Congress may declare war. If so, the President
should specify in an executive order the power (s) being exercised under the
authority of Section 706 of the Communications Act of 1934. Note, however,
that a literal reading of Section 706 and pertinent provisions of the National
Emergencies Act would allow the President, in the event of such a
congressional declaration of war, to employ the war emergency powers
enumerated in subsections 706(a) and (b) without such an executive order.
(Reference: 47 United States Code Section 706 and 50 United States Code
Section 1641) In either case, the Executive Branch must transmit to the
Congress all significant orders of the President and rules and regulations
issued by executive agencies during or pursuant to any presidentially or
congressionally declared war or emergency, promptly and with appropriate
confidentiality. [Reference: 50 United States Code Section 1641(b).]
c. After the President issues such a proclamation or executive order
specifying the proposed action (or, in the case of congressional declaration
of war, upon presidential direction), the Director, OSTP will direct the
exercise of the presidential war emergency powers, except for Subsection
706(b). The President has delegated to the OSTP the responsibility for so
acting. (Reference: Section 2(a) (2), Executive Order 12472, 5 April 1985)
d. The Executive Agent, NCS and Chairman/Defense Commissioner, FCC will
advise and assist the Director, OSTP concerning the exercise of the war
emergency powers. (Reference: 47 Code of Federal Regulations Section 202.3)
e. The Manager, NCS will also assist the Director, OSTP by reporting the
status of national telecommunication services, providing recommendations with
respect to telecommunication resources and national priorities, and giving
guidance to government organizations as authorized. (Reference: Paragraph
2.4.2.c, National Coordinating Center Operating Charter, 9 Oct 1985)
f. The National Coordinating Center will serve as a central contact and
mechanism for the Manager, NCS to assist the Director, OSTP in directing use
of national telecommunication resources to meet NSEP service requirements.
(Reference: Paragraph 4.2.3, National Coordinating Center Operating Charter,
9 Oct 1985)
RELATED ACTIONS:
a. If necessary, the President or Congress will declare war under the
Constitution of the US or proclaim a national emergency under the National
Emergencies Act. (Reference: 50 U.S.C. 1601, et. seq., and Major Emergency
Action Paper GO-01, "Declare a National Emergency.")
b. The Director, OSTP must ascertain just compensation for any use or
control of telecommunication resources affected under the war emergency,
powers. On behalf of the President, he will certify the amount to Congress
for appropriation and payment to the persons or entities entitled.
(Reference: Subsection 706(e), 47 United States Code; and Section 2(a) (2),
Executive Order No. 12472.)
8
C. Federal organizations may act pursuant to the Defense Priorities and
Allocation System to effect the (1) rescheduling of production of important
defense telecommunications items ahead of other production and (2) allocation
of scarce resources to the production of highest-priority defense and
essential civilian telecommunication materials, equipment and services.
(Reference: 15 Code of Federal Regulations Part 350 and Major Emergency
Action Paper IP-01, "Expand and Enforce the Defense Priorities and Allocation
System (DPAS).]
d. The President is responsible for maintaining a file and index of all
significant presidential orders, including executive orders and proclamations,
issued during any presidentially or congressionally declared emergency or
war. Each executive agency will maintain a file and index of all rules and
regulations issued during such emergency or war pursuant to such
declarations. (Reference: 50 United States Code Section 1641(a) and Major
Emergency Action Paper IP-01, "Expand and Enforce the Defense Priorities and
Allocation System (DPAS).]
APPENDICES:
A. Footnotes
B. Examples of Current Telecommunication Technologies
Subject to Presidential War Emergency Powers
C. Information Requirements (To be provided.)
D. Benefits and Costs (To be provided.)
E. Implementation Outline (To be provided.)
F. List of Authorities
G. Texts of Selected Authorities
(1) Section 706 of the Communications Act of 1934
(2) Executive Order No. 12472
(3) Standard Operating Procedures of the Joint
Telecommunications Resources Board
H. Examples of Standby Documents Employed during Previous Uses of Section
706
(1) Executive Order No. 9089
(2) Executive Order No. 10312
I. Standby Documents
(1) Proposed executive order prescribing use of
presidential or emergency powers pursuant to
presidential proclamation (To be provided.)
(2) Proposed executive order prescribing use of
presidential war or emergency powers pursuant to
congressional declaration (To be provided.)
9
APPENDIX A: FOOTNOTES
¹The NCS consists of the telecommunications assets of the entities
represented on the NCS Committee of Principals and an administrative structure
entailing an Executive Agent (the Secretary of Defense), Committee of
Principals, and Manager. The entities represented on the Committee are those
federal organizations, designated by the President, leasing or owning
telecommunication facilities or services, or having policy, regulatory, or
enforcement responsibilities, of significance to NSEP telecommunications. By
direction of the Executive Office of the President, the organizations
currently on the Committee of Principals are: Central Intelligence Agency,
Department of Agriculture, Department of Commerce, Department of Defense,
Department of Energy, Department of Interior, Department of Justice,
Department of State, Department of Transportation, Department of Treasury,
Federal Emergency Management Agency, General Services Administration, National
Aeronautics and Space Administration, National Security Agency, National
Telecommunications and Information Administration, Organization of the Joint
Chiefs of Staff, US Information Agency, and Veterans Administration. The
Federal Communications Commission, Federal Reserve System, Nuclear Regulatory
Commission, and US Postal Service are participating independent agencies.
2The NCC is a joint industry-government operation staffed by representatives
from 12 telecommunications industy entities and the NCS. These entities are
involved in responding to the federal NSEP telecommunications service
requirements and support planning for a more endurable national and
international NSEP telecommumications capatility. The NCC's mission is to
assist in the initiation, coordination, restoration, and reconstitution of
NSEP telecommunication services and facilities.
3See Appendix B for a more detailed listing of current technology in this
category.
APPENDIX B:
EXAMPLES OF CURRENT TELECOMMUNICATION TECHNOLOGIES
SUBJECT TO PRESIDENTIAL WAR EMERGENCY POWERS
Amateur radio facilities (including independents and Military Affiliate
Radio System (MARS) affiliates; fixed station and mobile equipment)
See Notes 1 and 2
Aircraft navigational radio equipment and systems (including Federal
Aviation Administration radio and radar systems)
See Notes 1 and 2
Aircraft verbal communication equipment and systems (including
air-to-ground radio telephone links for on-board personnel)
See Notes 1, 2, and 3
Cellular radio equipment and systems
See Note 3
Citizen band radio equipment and systems (including vehicular mounts
and base stations)
See Note 2
Commercial radio stations (including both amplitude and frequency
modulation (AM and FM) transmission equipment)
See Notes 1 and 2
Commercial television stations
See Note 2
Educational, training, and other private television and radio stations
(including university and college stations and equipment)
See Note 2
Experimental transmission devices with possible application as
guidance systems or navigation aids (including radio, laser, and sonar)
See Notes 1, 2, and 3
Mobile radio equipment and systems
See Note 3
MUSAK broadcast equipment and systems
See Note 2
Paging system transmitters and associated devices
See Notes 1 and 2
Private microwave systems and equipment
See Notes 1 and 3
Public broadcast television stations
See Note 2
Note 1: These are stations or devices capable of emitting electromagnetic radiations and falling under the
presidential war emergency powers described in Subsection 706(c) of the Communications Act of 1934. See page 3
of main text.
Note 2: These are stations or devices for radio communication or capable of emitting electromagnetic radiations
between 10 kiloHertz and 100,000 megaHertz which are suitable for use as navigation aids beyond five miles.
They fall under the presidential war emergency powers described in Subsection 706(c) of the Communications Act
of 1934. See page 4 of main text.
Note 3: These are facilities or stations for wire communications which fall under the presidential war
emergency powers described in Subsection 706(d) of the Communications Act of 1934. See page 5 of main text.
APPENDICES C, D, AND E: To be provided.
APPENDIX F: LIST OF AUTHORITIES
a. Article I, Section 8, Clause 11, Constitution of the US.
b. Communications Act of 1934, as amended (47 United States
Code Section 151, et. seq.).
C. National Emergencies Act (50 United States Code Section
1601, et seq.).
d. Executive Order 12472 (49 Federal Register 67, 5 April
1984).
e. 47 Code of Federal Regulations Section 201, et. seq., 44
F.R. 33404 (June 11, 1979), "Office of Science and Technology
Policy and National Security Council." (Note: While these rules
are still in effect, they are, in part, out of date due to the
realignment of organizational responsibilities in Executive Order
No. 12472.)
f. Standard Operating Procedures of the Joint
Telecommunication Resources Board (July 1985)
APPENDIX G: TEXTS OF SELECTED AUTHORITIES
(1) Section 706 of the Communications Act of 1934
(2) Executive Order No. 12472
(3) Standard Operating Procedures of the Joint
Telecommunications Resources Board
1
§
606.
War powers of President
(a) During the continuance of a war in which the United States
is engaged, the President is authorized, if he finds it necessary for
the national defense and security, to direct that such communica-
tions as in his judgment may be essential to the national defense and
security shall have preference or priority with any carrier subject
to this chapter. He may give these directions at and for such times
as he may determine, and may modify, change, suspend, or annul
them and for any.such purpose he is authorized to issue orders di-
rectly, or through such person or persons as he designates for the
purpose, or through the Commission. Any carrier complying with
any such order or direction for preference or priority herein
thorized shall be exempt from any and all provisions in existing au-
law imposing civil or criminal penalties, obligations, or liabilities
ance with such order or direction.
upon carriers by reason of giving preference or priority in compli-
(b) It shall be unlawful for any person during any war in which
the United States is engaged to knowingly or willfully, by physical
force or intimidation by threats of physical force, obstruct or re-
tard or aid in obstructing or retarding interstate or foreign com-
munication by radio or wire. The President is authorized, whenever
in his judgment the public interest requires, to employ the armed
forces of the United States to prevent any such obstruction or re-
394
Ch. 5
MISCELLANEOUS PROVISIONS
47 § 606
tardation of communication: Provided, That nothing in this section
shall be construed to repeal, modify, or affect either section 17 of
Title 15 or section 52 of Title 29.
(c) Upon proclamation by the President that there exists war or
a threat of war, or a state of public peril or disaster or other national
emergency, or in order to preserve the neutrality of the United States,
the President, if he deems it necessary in the interest of national
security or defense, may suspend or amend, for such time as he may
see fit, the rules and regulations applicable to any or all stations
or devices capable of emitting electromagnetic radiations within the
jurisdiction of the United States as prescribed by the Commission,
and may cause the closing of any station for radio communication,
or any device capable of emitting electromagnetic radiations between
10 kilocycles and 100,000 megacycles, which is suitable for use as
a navigational aid beyond five miles, and the removal therefrom of
its apparatus and equipment, or he may authorize the use or control
of any such station or device and/or its apparatus and equipment, by
any department of the Government under such regulations as he may
prescribe upon just compensation to the owners. The authority
granted to the President, under this subsection, to cause the closing
of any station or device and the removal therefrom of its apparatus
and equipment, or to authorize the use or control of any station or
device and/or its apparatus and equipment, may be exercised in the
Canal Zone.
(d) Upon proclamation by the President that there exists a state
or threat of war involving the United States, the President, if he
deems it necessary in the interest of the national security and de-
fense, may, during a period ending not later than six months after
the termination of such state or threat of war and not later than
such earlier date as the Congress by concurrent resolution may des-
ignate, (1) suspend or amend the rules and regulations applicable
to any or all facilities or stations for wire communication within
the jurisdiction of the United States as prescribed by the Commission,
(2) cause the closing of any facility or station for wire communica-
tion and the removal therefrom of its apparatus and equipment, or
(3) authorize the use or control of any such facility or station and
its apparatus and equipment by any department of the Government
under such regulations as he may prescribe, upon just compensation
to the owners.
(e) The President shall ascertain the just compensation for such
use or control and certify the amount ascertained to Congress for
appropriation and payment to the person entitled thereto. If the
amount so certified is unsatisfactory to the person entitled thereto,
such person shall be paid only 75 per centum of the amount and
shall be entitled to sue the United States to recover such further
395
47
§ 606
WIRE OR RADIO COMMUNICATION
Ch. 5
sum as added to such payment of 75 per centum will make such
amount as will be just compensation for the use and control. Such
suit shall be brought in the manner provided by paragraph 20 of
section 41 of Title 28, or by section 250 of Title 28.
(f) Nothing in subsection (c) or (d) of this section shall be con-
strued to amend, repeal, impair, or affect existing laws or powers of
the States in relation to taxation or the lawful police regulations of
the several States, except wherein such laws, powers, or regulations
may affect the transmission of Government communications, or the
issue of stocks and bonds by any communication system or systems.
(8) Nothing in subsection (c) or (d) of this section shall be con-
strued to authorize the President to make any amendment to the
rules and regulations of the Commission which the Commission
would not be authorized by law to make; and nothing in subsection
(d) of this section shall be construed to authorize the President to
take any action the force and effect of which shall continue beyond
the date after which taking of such action would not have been au-
thorized.
(h) Any person who willfully does or causes or suffers to be done
any act prohibited pursuant to the exercise of the President's author-
ity under this section, or who willfully fails to do any act which he
is required to do pursuant to the exercise of the President's authority
under this section, or who willfully causes or suffers such failure,
shall, upon conviction thereof, be punished for such offense by a fine
of not more than $1,000 or by imprisonment for not more than one
year, or both, and, if a firm, partnership, association, or corporation.
by fine of not more than $5,000, except that any person who commits
such an offense with intent to injure the United States, or with in-
tent to secure an advantage to any foreign nation, shall, upon con-
viction thereof, be punished by a fine of not more than $20,000 or by
imprisonment for not more than 20 years, or both. June 19, 1934.
c. 652, Title VI, $ 606, 48 Stat. 1104; Jan. 26, 1942, c. 18, §§ 1, 2, 56
Stat. 18; Dec. 29, 1942, c. 836, 56 Stat. 1096; July 25, 1947, c. 327, $ 1,
61 Stat. 449; Oct. 24, 1951, c. 553, §§ 1, 2, 65 Stat. 611.
Historical Note
References is Text. Paragraph 20 of
section 41 and section 250 of Title 28. re.
which might be useful to an onemy for
navigational purposes.
ferred to in subsec. (e), were repealed by
Act June 25, 1948, eb. H6. I 39, 02 Stat.
Bubsec. (h). Act Oct. 24, 1951, I 2 added
992, and are now covered by sections 1346,
subsec. (b).
1491, M01, 1503, 2401, 2402. and 2501 of Title
28, Judiciary and Judicial Procedure.
1949 Amendment. Bubsec. (d). Act Jan.
1951 Amendment. Bubsec. (c). Act
26. 1942, I 1, added subsec. (d). Former
net. 24. 1951, I 1, clarified the scope of
subsec. (d) redesignated (a).
the President's powers to use, control.
and close radio facilities of all kinds
Bubsec. (e). Act Jan. 26, 1942, I 1 10.
designated former subsec. (d) as (e).
396
Federal Register / Vol. 49. No. 67 / Thursday. April 5, 1984 / Presidential Documents
13471
Presidential Documents
Executive Order 12472 of April 3, 1964
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 or-
dered as follows:
Section 1. The National Communications System. (a) There is hereby estab-
lished the National Communications System (NCS). The NCS shall consist of
the telecommunications assets of the entities represented on the NCS Commit-
tee of Principals and an administrative structure consisting of the Executive
Agent. the NCS Committee of Principals and the Manager. The NCS Commit-
tee of Principals shall consist of representatives from those Federal depart-
ments, 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 impor-
tance 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 under
all circumstances, including crisis or emergency, attack, recovery and recon-
stitution.
(c) The NCS shall seek to ensure that a national telecommunications infra-
structure 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 maxi-
mum extent practicable. the survivability of national security and emergency
App 6. (2)
13472
Federal Register / Vol. 49, No: 87 / Thursday. April 5, 1984 / Presidential Documents
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 reconsti-
tution 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 govern-
ment;
(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 Technol-
ogy 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;
(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 telecom-
munications 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 prepared-
ness 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
Federal Register / Vol. 49. No. 67 / Thursday. April 5. 1984 / Presidential Documents
13473
(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:
Executive Agent:
(1) Develop for consideration by the NCS Committee of Principals and the
a. A recommended evolutionary telecommunications architecture designed to
preparedness telecommunications requirements:
meet current and future Federal government national security and emergency
establishment of priorities or proferences. of Federally owned or leased
b. Plans and procedures for the management. allocation and use. including the
telecommunications assets under all conditions of crisis or emergency;
C. Plans. procedures and standards for minimizing or removing technical
ly-provided telecommunications systems;
impediments to the interoperability of government-owned and/or commercial-
d. Test and exercise programs and procedures for the evaluation of
capability of the Nation's telecommunications resources to meet national the
security or emergency preparedness telecommunications requirements: and
e. Alternative mechanisms for funding, through the budget review
which benefit multiple Federal departments. agencies. or entities. Those mech-
national security or emergency preparedness telecommunications initiatives process.
anisms recommended by the NCS Committee of Principals and the Executive
Budget. Agent shall be submittted to the Director of the Office of Management and
including any system of priorities and preferences for the provision of assigned.
(2) Implement and administer any approved plans or programs as
the nications service. in consultation with the NCS Committee of Principals commu- and
wise required by law or regulation:
Federal Communications Commission. to the extent practicable or other-
technical assistance thereto:
(3) Chair the NCS Committee of Principals and provide staff support and
dissemination of technical information. concerning the national security or
(4) Serve as a focal point for joint industry-government planning. including the
ernment; emergency perparedness telecommunications requirements of the Federal gov.
(5) ment Conduct technical studies or analyses, and examine research and develop-
Committee of Principals and the Executive Agent, improved approaches which
programs, for the purpose of identifying. for consideration by the NCS
edness may assist Federal entities in fulfilling national security or emergency prepar-
telecommunications objectives:
(6) Pursuant to the Federal Standardization Program of the Ceneral
Federal government including the NCS Committee of Principals, the the
Federal Administration. and in consultation with other appropriate entities Services of
used existing or evolving industry. national, and international standards are
that Telecommunications Standards Program. ensuring wherever manage feasible
as the basis for Federal telecommunications standards: and
(7) Provide such reports and perform such other duties as are from time
the assigned by the President or his authorized designee, the Executive to time
or NCS Committee of Principals. Any such assignments of responsibility Agent. or
Agent. reports made by. the Manager shall be transmitted through the Executive to,
(1) The National Security Council shall provide policy direction Functions. for
Sec. 2. Executive Office Responsibilities. (a) Wartime Emergency
Communications Act of 1934, as amended (47 U.S.C. 606), should the 606 President the
exercise of the war power functions of the President under Section of the
13474
Federal Register / Vol. 49, No. 67 / Thursday. April 5. 1984 / Presidential Documents
Act (50 U.S.C. 1601).
issue implementing instructions in accordance with the National Emergencies
(2) The Director of the Office of Science and Technology Policy shall direct the
(e). of the Communications Act of 1934. as amended (47 U.S.C. 606). should the
exercise of the war power functions of the President under Section 606 (a). let
Emergencies Act (50 U.S.C. 1601).
President issue implementing instructions in accordance with the National
shall: (b) Non-Wartime Emergency Functions. (1) The National Security Council
plans. programs and standards within the Federal government for the identifi-
a. Advise and assist the President in coordinating the development of policy.
the Federal government. and by State and local governments. private industry
cation. allocation. and use of the Nation's telecommunications resources b;
and volunteer organizations upon request, to the extent practicable and
otherwise consistent with law, during those crises or emergencies in which the
law; and
exercise of the President's war power functions is not required or permitted by
b. Provide policy direction for the exercise of the President's non-wartime
emergency telecommunications functions. should the President 80 instruct.
information, advice. guidance and assistance. as appropriate. to the President
(2) The Director of the Office of Science and Technology Policy shall provide
and to those Federal departments and agencies with responsibilities for the
provision. management. or allocation of telecommunications resources. during
functions is not required or permitted by law;
those crises or emergencies in which the exercise of the President's war power
(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 mem-
bers of the JTRB: and specify the functions it shall perform.
shall advise and assist the President in:
(c) Planning and Oversight Responsibilities. (1) The National Security Council
a. Coordinating the development of policy. plans. programs and standards for
the mobilization and use of the Nation's commercial. government. and private-
ly 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 responsibi!
ities 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
Council: recommended remedial actions to the President and to the National Security
(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 re-
sources of the Federal government which support national security or emer-
gency 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 prioritics. under all conditions of crisis
or emergency; and
13476
Federal Register / Vol. 49, No. 67 / Thursday. April 5. 1984 / Presidential Documents
governments and volunteer organizations is mutually supportive and consist-
ent 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 telecommuni-
cations services to those Federal entities represented at United States diplo-
matic 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 intelli-
gence 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 require-
ments of the Federal civilian departments, agencies and entities.
(b) Federal Communications Commission. The Federal Communications Com-
mission 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
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 serv-
ices: the control of common carrier rates. charges, practices and classifica-
tions: 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 apppropriate enforcement actions;
(3) Develop policy. plans and procedures adequate to execute the responsibil-
ities assigned in this Order under all conditions or crisis or emergency. and
Federal Register / Vol. 49. No. 67 / Thursday. April 5. 1984 / Presidential Documents
13475
(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
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 incorporat-
ed 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 gov-
ernment, State and local governments. private industry and volunteer organi-
zations. 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 concern-
ing 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.
(h) 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. ade-
quate to support its assigned emergency management responsibilities;
(2) Advise and assist State and local governments and volunteer organiza-
tions. upon request and to the extent consistent with law, in developing plans
and procedures for identifying and satisfying their national security or emer-
gency preparedness telecommunications requirements:
(3) Ensure. to the maximum extent practicable. that national security and
emergency preparedness telecommunications planning by State and local
Federal Register / Vol 49. No. 67 / Thursday. April 5. 1984 / Presidential Documents
13477
Committee (4) Consult as appropriate with the Executive Agent for the NCS and the
national of Principals to ensure continued coordination of their respective NCS
security and emergency preparedness activities.
(i) All Federal departments and agencies, to the extent consistent
Order). (including shall: those authorities and responsibilities set forth in Section 4(c) with of this law
to nications the requirements. and provide information regarding such requirements
(1) Determine their national security and emergency preparedness telecommu-
Manager of the NCS:
facilities. (2) Prepare policies. plans and procedures concerning telecommunications
trol services or equipment under their management or operational
emergency preparedness needs of the Federal government:
to maximize their capability of responding to the national security con- or
and (3) Provide. after consultation with the Director of the Office of
Budget. resources to support their respective requirements Management for
sonnel security and and emergency preparedness telecommunications; and provide national
President: staff support to the Manager of the NCS as required by per- the
or regarding agency telecommunications activities in support of national security NCS
(4) Make information available to, and consult with, the Manager of the
emergency preparedness:
(5) Consult. consistent with the provisions of Executive Order No.
by Communications this Order: Commission regarding execution of responsibilities assigned Federal
amended, and in conjunction with the Manager of the NCS, with the 12046, as
NCS. (6) Submit reports annually. or as otherwise requested. to the Manager of
munications activities; and
regarding agency national security or emergency preparedness telecom- the
Committee of Principals. the Manager of the NCS. and other departments NCS
(7) Cooperate with and assist the Executive Agent for the NCS, the
agencies them such in the execution of the functions set forth in this Order. furnishing and
information. support and assistance as may be required.
tion the Federal Emergency Management Agency. and in regular activi-
ties assigned of by this Order in conjunction with the emergency management
(j) Each Federal department or agency shall execute the responsibilities
telecommunications Principals to ensure activities. continued coordination of NCS and individual agency of
with the Executive Agent for the NCS and the NCS Committee consulta-
issue Sec. 4. such General Provisions. (a) All Executive departments and agencies
functions rules and regulations as may be necessary to carry out may the
assigned under this Order.
(b) In order to reflect the assignments of responsibility provided by this Order,
Order (1) Sections 2-414, 4-102, 4-103, 4-202. 4-302. 5-3. and 6-101 of Executive
No. 12046, as amended. are revoked:
ed: and of the National Communications System". is hereby supersed- entitled
(2) "Establishment The Presidential Memorandum of August 21. 1963, as amended.
by Executive by deleting the period and inserting ". except as otherwise further
amended (3) Section 2-411 of Executive Order No. 12046, as amended. is
Order No. and inserting the number assigned to this provided Order.
bilities (c) Nothing of the in this Order shall be deemed to affect the authorities
Federal thereof: or reassign any function assigned any or any Office
or official Director of the Office of Management and Budget, or responsi-
Property and Administrative Services Act of 1949, agency as amended: under the or
13478
Federal Register / Vol. 49, No. 67 / Thursday. April 5. 1981 / Presidential Documents
cations Commission.
under any other law; or any function vested by law in the Federal Communi-
Sec. 5. This Order shall be effective upon publication in the Federal Register.
Ronald Reagan
THE WHITE HOUSE,
April 3, 1984.
[FR Due 04-0285
Filed 4-3-81: 4 47 p.m)
Billing code 3195-01-M
B
NCS 1767/7
NATIONAL COMMUNICATIONS SYSTEM
DIRECTIVE 3-4 (NCSD 3-4)
NATIONAL TELECOMMUNICATIONS
MANAGEMENT STRUCTURE (NTMS)
THE OFFICE OF THE MANAGER
NATIONAL COMMUNICATIONS SYSTEM
8th & South Courthouse Road
Arlington, Virginia 22204
NCSD 3-4
NATIONAL COMMUNICATIONS SYSTEM
Washington, D.C. 20305-2010
NCS DIRECTIVE 3-4
TELECOMMUNICATIONS OPERATIONS
National Telecommunications Management Structure (NTMS)
1. Purpose. This directive establishes the National Tele-
communications Management Structure (NTMS), describes its
components, and broadly describes the administrative responsi-
bilities of the Manager, NCS and participating NCS member
organizations.
2. Applicability. This directive is binding on the Executive
Agent, NCS; NCS Committee of Principals and member organizations;
and other affected Executive entities. This directive is not
intended to interfere with the special operational or security
requirements of any agency during normal or wartime situations.
3. Authority. This directive is issued under the authority of
Executive Order No. 12472, "Assignment of National Security and
Emergency Preparedness Telecommunications Functions, " April 3,
1984, 49 Federal Register 13471 (1984) ; White House letter,
National Security Telecommunications Advisory Committee (NSTAC)
Activities, July 11, 1988; and NCS Directive 1-1, "National
Communications System (NCS) Issuance System," November 30, 1987.
4. References.
a. The Communications Act of 1934, as amended, Section 706
(47 U.S.C., Section 606).
b. National Emergencies Act of 1976 (50 U.S.C. 1601 et
seq.).
C. Executive Order 12472 of April 3, 1984, "Assignment of
National Security and Emergency Preparedness Telecommunications
Functions."
-Office of Primary Responsibility: NCS-PP
-Distribution: NCS
NCSD 3-4
5. Definitions.
a. National Telecommunications Management Structure
(NTMS). The NTMS is an emergency telecommunications management
structure consisting of national and regional management elements
and government and telecommunications industry operating centers
that, when activated, shall provide emergency telecommunications
management services in response to national security and
emergency preparedness (NS/EP) requirements and objectives in
accordance with references a. and b.
b. National Telecommunications Coordinating Network
(NTCN). The NTCN provides the essential communications
connectivity to support NTMS elements.
C. Emergency Preparedness Management Information System
(EPMIS). The EPMIS is the telecommunications management
information system designed to support NTMS operations at
national and regional levels.
d. National Coordinating Center (NCC). The NCC is a
jointly staffed and operated government and telecommunications
industry center. The NCC assists in the initiation,
coordination, restoration and reconstitution of the Federal
Government's NS/EP telecommunications service requirements.
e. National Emergency Management Team (NEMT). The NEMT is
a functionally organized, national level emergency management
team composed of representatives from the Executive Branch of the
Federal Government and selected industries.
f. National Emergency Management Team Communications
Functional Group (NEMT CFG). The NEMT CFG is one of the
functional groups of the NEMT, and is composed of Office of
Science and Technology Policy (OSTP), Office of the Manager, NCS
(OMNCS), NCS member organization and telecommunications industry
representatives. The NEMT CFG is to be activated by national
authorities in response to those crises and national emergency
situations in which the President may invoke the provisions of
Section 706 of the Communications Act of 1934, as amended. When
so activated, the NEMT CFG will provide policy, direction and
guidance for NS/EP telecommunications management, and serves as
the highest level of the NTMS.
g. Regional Emergency Management Team Communications
Functional Group/Regional Coordinating Center (REMT CFG/RCC).
The REMT is the functionally organized regional equivalent of the
2
NCSD 3-4
NEMT. The REMT CFG/RCC is the REMT functional group composed of
regionally based Federal field establishment and telecommuni-
cations industry representatives. It is the NTMS organizational
element tasked to provide direction and guidance for NS/EP
telecommunications management in the Region. The REMT CFG/RCC is
also capable of serving as an alternate NCC.
h. NTMS Government and Industry Operating Centers (OCs).
Government and telecommunications industry facilities constitute
the basic operating and coordinating organization for the
nation's telecommunications management infrastructure. The NTMS
OCs are selected to coordinate technical telecommunications
activities at the local level in response to guidance and
direction from the REMT CFG/RCC to which assigned.
(1) Industry OCs manage and coordinate the restoration
and reconstitution of the telecommunications services provided.
(2) Government OCs coordinate communications support,
and manage/operate communication facilities.
6. Policy. It is the policy of the United States to develop
and implement a survivable and enduring telecommunications
management structure to support national security and emergency
preparedness requirements for use after the invocation of Section
706 of the Communications Act of 1934, as amended. The overall
governing objective of the NTMS, as established herein, is to
provide for a survivable and enduring functionally organized
telecommunications management structure capable of coordinating
the recovery and reconstitution of the nation's telecommuni-
cations infrastructure to meet essential NS/EP needs.
a. NTMS Components. The NTMS shall be composed of the
NCC, the NEMT CFG, REMT CFG/RCCs and NTMS OCs.
b. Activation, Direction and Control. The NTMS shall be
activated by and respond to the guidance and direction of the
Director, OSTP, in the execution of the functions of the
President under Section 706 (a), (c)-(e), of the Communications
Act of 1934, as amended, should the President issue implementing
instructions in accordance with the National Emergencies Act of
1976 (50 U.S.C. 1601 et seq.).
C. Coordinating Instructions.
(1) In all instances prior to the invocation of
Section 706 of the Communications Act of 1934, as amended, the
NCC shall monitor the status of the nation's telecommunication
resources and respond to NS/EP requirements as directed by the
3
NCSD 3-4
Director, OSTP, and the Manager, NCS, or their designated
representatives.
(2) Upon invocation of Section 706, the Director,
OSTP, shall assume direction and control of national tele-
communication resources and determine priorities for their
allocation and use. The NTMS shall assist the Director, OSTP, in
the exercise of his emergency authority relative to policy
direction and management of national telecommunications
resources.
7.
Responsibilities.
a.
NCS Member Organizations Participating in NTMS:
(1) Will support the implementation and operation of
the NTMS, as mutually agreed to by the participating NTMS
organizations and the OMNCS.
(2) Will assist the OMNCS with government NTMS
Operating Center nominations.
(3) Will for those Operating Centers selected, assist
in preparations to include necessary modifications for equipment
installation, logistics support, equipment and life support
supplies storage, and personnel selection and training.
(4) Will assist the OMNCS with the planning and
conduct of NTMS tests, exercises and evaluations when requested
and as scheduled by the NCS exercise master plan.
b. The NCS Committee of Principals and Executive Agent:
(1) Will consider and approve other NTMS issuances.
(2) Will review and provide comments regarding NTMS
operating concepts, plans and policies to the Executive Office of
the President.
C.
The Manager, NCS:
(1) Will provide overall NTMS program management.
(2) Will ensure the funding for the NTMS.
(3) Will develop NTMS policies, plans and procedures
as the designated focal point for NEMT CFG and REMT CFG/RCC
operational matters in coordination with OSTP.
4
NCSD 3-4
(4) Will coordinate NTMS operational issues and
requirements with OSTP, NCS member organizations and tele-
communications industry entities participating in the NTMS.
(5) Will coordinate NTMS program activities, as
appropriate, with the Executive Office of the President;
Executive Agent, NCS; NCS Committee of Principals; NCS member
organizations and the telecommunications industry.
(6) Will provide for planning, implementation and
management of the NTMS program.
(7) May propose subjects for and develop new NTMS
issuances, and propose changes in existing issuances.
(8) Will forward NCS NTMS issuances and any comments
thereon to the NCS Committee of Principals; Executive Agent, NCS;
and/or Executive Office of the President, as required.
(9) Will implement test and exercise programs and
develop procedures for the evaluation of the NTMS capability to
meet national security and emergency preparedness telecommuni-
cations requirements.
d.
Federal Emergency Management Agency:
(1) Will assist the OMNCS with NTMS implementation and
planning in support of the NEMT and REMT CFG/RCCs.
(2) Will assist the OMNCS with NTMS activities and
exercises when the NEMT and REMT CFG/RCCs are to be employed.
(3) Will assist the OMNCS and the telecommunications
industry in establishing procedures for connectivity with FEMA
FRCs.
e.
General Services Administration:
(1) Will provide assistance to the OMNCS with NTMS
implementation and planning in support of the NEMT and REMT
CFG/RCCs.
(2) Will provide the REMT CFG/RCC Leader and assist in
staffing the NEMT and REMT CFG/RCCs.
(3) Will provide assistance to the OMNCS with REMT
CFG/RCC planning, staff selection, training, exercises and other
activities.
5
NCSD 3-4
8. Authorizing Provisions. NCS circulars, manuals, handbooks,
and notices implementing this directive are hereby authorized.
9. Effective Date. This directive is effective immediately.
10. Expiration. This directive will remain in effect until
superceded or cancelled.
Director
Office of Science and Technology Policy
Date:
Director
Office of Management and Budget
Date:
Assistant to the President for
National Security Affairs
Date:
Summary of Changes: Initial Issuance.
6
NATIONAL COMMUNICATIONS SYSTEM
OFFICE OF THE MANAGER
WASHINGTON. D.C. 20305 . 2010
IN REPLY
NCS-JS
REFERTO:
22 September 1989
MEMORANDUM FOR DISTRIBUTION
SUBJECT:
National Security and Emergency Preparedness Telecommunications
Management Overview
1. The National Security and Emergency Preparedness (NS/EP) Telecommunications
Management Overview document (enclosed) is officially released for your
information and use.
2. The document has been developed over the course of several years, and has
been reviewed and endorsed by the National Communications System (NCS) Council
of Representatives. The purpose of the document is to provide an overview of
Federal Government NS/EP telecommunications response plans across a spectrum of
emergencies, including domestic as well as national security emergencies. The
document describes the overall framework established for emergency management
and response by the NCS and offers a general description of response plans for
the major types of operating conditions identified in Executive Order 12472.
3. For further information on the document, please contact Ms. Karen Burcham
of my staff at 692-9274.
1 Enclosure:
JOHN T. MYERS
Management Overview
Lieutenant General, USA
Manager
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
04a. List
Distribution List [50 USC 403g, Sec 6] (1 pp.)
(b)(3), (b)(7c)
Collection:
Record Group:
Bush Presidential Records
Office:
Science and Technology Policy, Office of (OSTP)
Series:
O'Neil, John F., Files
Subseries:
Telecommunications Files
WHORM Cat.:
File Location:
National Communication Systems
Date Closed:
6/3/2010
OA/ID Number:
62106-004
FOIA/SYS Case #:
2005-0336-F
Appeal Case #:
Re-review Case #:
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act [44 U.S.C. 2204(a)]
Freedom of Information Act [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
National Communications System Principals
DOS
Mr. Robert L. Caffrey
TREAS
Mr. Steven W. Broadbent
DoD
Dr. Thomas P. Quinn
DOJ
Mr. Frank A. Guglielmo
DOI
Mr. James P. Jadlos
USDA
Mr. Glenn P. Haney
DOC
Mr. Thomas W. Zetty
HHS
Mr. James F. Trickett
DOT
Mr. Robert J. Woods
DOE
Mr. Donald E. Scott
DVA
Mr. Sherman L. Naidorf
(b)(3)
JS
LTG James S. Cassity, Jr., USAF
GSA
Mr. Michael L. Corrigan
USIA
Mr. Jack Rubley
NASA
Mr. Charles T. Force
FEMA
Mr. Bruce J. Campbell
FCC
Mr. Edward J. Minkel
NRC
Ms. Joyce A. Amenta
USPS
Mr. Richard Weirich
FRS
Mr. Theodore E. Allison
NSA
Mr. John W. Saadi
(b)(7c)
Copy to:
DOS
Mr. Arthur L. Freeman
TREAS
Mr. Martin C. Gizzi
DoD
Mr. J. Robert Anderson
DOI
Mr. James E. Dolezal
DOJ
Mr. Brian C. Spencer
USDA
Mr. Joseph P. Erb
DOC
Mr. Jorome T. Gibbon
HHS
Mr. Frank J. Campbell
DOT
Ms. Nancy H. Correia
DOE
Mr. Robert M. Lewis
DVA
Mr. Howard D. Boyd
(b)(3)
JS
COL Thomas R. Theroux, USA
Bush Library Photocopy
GSA
Mr. George F. Flynn, Jr.
NASA
Mr. Arthur L. C. Sigust
FEMA
Ms. D. Anne Martin
FCC
Mr. Ronald S. Stone
NRC
Mr. Kenneth C. Woodall, Jr.
USPS
Mr. Ronald C. Schwitz
FRS
Mr. Robert E. Frazier
NSA
Mr. David L. Austin
(b)(7c)
OSTP
LtCol John F. O'Neil, Jr., USMC
USCG
LCDR David A. Andersen
NASA
Mr. Norman Pozinsky
2
IES DISTRIBUTION
Mr. Michael A. Brunner, AT&T
Mr. Marvin W. Konow, Bellcore
Mr. R. Michael Little, Boeing
Mr. David J. Cade, COMSAT
Mr. Robert W. Steele, CSC
Mr. Otto W. Hoernig, Jr., Contel ASC
Mr. Phillip C. Onstad, CDC
Mr. Peter Marino, Fairchild
Mr. Gary Chesney, Ford Aerospace
Mr. William D. Russell, GE
Mr. Lowell E. Thomas, GTE
Mr. Frank F. Lewis, Harris
Mr. Anthony Iorillo, Hughes
Dr. George T. Weathers, IBM
Mr. Joseph J. Gancie, ITT
Dr. John F. Egan, Lockheed
Mr. Robert J. Polutchko, Martin Marietta
Mr. Loren G. Kragh, McCaw Communications
Mr. Allan P. Botticelli, McDonnell Douglas
Mr. Frank J. Kozel, Jr., MCI
Mr. David M. Neuer, Motorola
Dr. John S. Edwards, NTI
Mr. Frank I. Adams, PTI
Mr. Keith R. Rathjen, Rockwell
Mr. James Bridges, Unisys
Mr. Thomas A. Norman, United Telecom
Mr. Henry I. Buchanan, III, USTA
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
04b. List
Distribution List [50 USC 403g, Sec 6] (1 pp.)
(b)(3)
Collection:
Record Group:
Bush Presidential Records
Office:
Science and Technology Policy, Office of (OSTP)
Series:
O'Neil, John F., Files
Subseries:
Telecommunications Files
WHORM Cat.:
File Location:
National Communication Systems
Date Closed:
6/3/2010
OA/ID Number:
62106-004
FOIA/SYS Case #:
2005-0336-F
Appeal Case #:
Re-review Case #:
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
National Coordinating Center (NCC) for Telecommunications
Marvin B. Cardon
Telecommunications Manager
E. R. Ates
Industry Liaison
Brian P. Carney
Exercise Office
Major Francis School, USA
DOD
National Coordinating Center Industry Representatives
Royce Smith
(CONTEL) ASC
Ken Stanley
AT&T
Bernie Farrell
BELLCORE
Ernest Wallace
COMSAT
Pat Glenn
GE (RCA)
Ernestine Gormsen
GTE
Charles Driggers
ITT
Philip Hollar
MCI
John Hocker
MMC
Frank Adams
PTI
James Hastings
UTI
Hank Buchanan
USTA
National Coordinating Center Government Representatives
Kenneth R. Erney
DOS
Archie Baker
VA
(b)(3)
John Cristensen
GSA
Brian Young
DOT
Thomas Ringer
FEMA
NCS Regional Managers
William Farrell
John Sheehan
Joseph LeVecchi
Guy Darden
Daniel Smith
Robert Wallace
William Hale
E. David Vest
Tsukasa Nakano
Theadore E. E. Randles
Bush Library Photocopy
OMNCS Action Officers
Executive Officer (NCS-XO)
Maj Robert G. Fischer, USA
Administrative Office (NCS-AO)
Alberta L. Queipo
Financial Management Office (NCS-FMO)
Ms. I. Coleen Austin
Ms. Minta Davis
Ms. Patty Hopkins
Joint Secretariat (NCS-JS)
Ms. Karen Burcham
LTC Carl Cannon, USA
LtCol Edwin Cohrs, USAF
MAJ Paul Currie, USAF
MAJ Steven Elsen, USA
SMSgt Edward Faison, USAF
Mr. John Fuerlinger (DOS)
Mr. Peter Gness (HHS)
Mr. Lonnie Kemp (NSA)
Maj Gordon Powell, USAF
Mr. John Walker (NASA)
Technology and Standards (NCS-TS)
Mr. Thomas Drury
Mr. Robert Fenichel
Mr. Frank M. McClelland
Ms. Janet M. Orndorff
Mr. Stephen Perschau
Dr. Andy H. Rausch
Mr. Gary Rekstad
Mr. George W. White
Mr. Donald Wilson (NASA)
Executive Assistant (NCS-EP-E)
Mr. Dale Barr
TSP (NCS-EP-T)
LTC William J. Brougham, USA
Mr. Victor Agresti (USDA)
Mr. Tom Bates (DOE)
Mr. Donald Larrick
Data Base Management (NCS-EP-A)
Mr. Norman S. Babbitt
Mr. Mike Capielletti (DOJ)
Ms. Alana S. Danko
Mr. Robert Devenny
Mr. Norman B. Douglas
Ms. Susan L. Flint
Mr. Frank Kidd
Plans and Programs (NCS-PP)
Mr. Gregory Bain
Mr. Rocky Barker
Mr. Alexnder C. Bartko
Mr. John P. Bird
COL Leroy Faust, USAF
MAJ William L. Harris, USAF
Mr. James Kerr
Ms. Sylvia Norales
Mr. Nguyen Nguyen
Mr. Frank O'Connell
Mr. Silas Shannon (FAA)
Mr. Garth Shibles
Mr. Victor Sparrow
Mr. Richard Hayden (GSA)
SARF
Ms. Peggy Newland
Capt Charles Boensch, USAF
CDR K B Melody Firmatura, USN
Mr. Richard J. Moran
Mr. John Meekin (CIA)
LTC Chatry D. Perry, USA
Mr. Don Smith
Executive Office of the President
LTC John O'Neil
OSTP
Dr. James Miskel
NSC
OMNCS
Mr. Benham Morriss
NCS-D
COL Bernard Ziegler, USA
NCS- AD
MAJ Robert Fisher, USA
NCS- XO
Mr. Dennis Bodson
NCS- TS
CAPT T. N. Danner, USN
NCS- JS
Col Jimmie Pedersen, USAF
NCS- EP
Mr. Kenneth Boheim
NCS- PP
Ms. Karen Saifer
NCS- FMO
Mr. Carl Smith
NCS-A
Contractors
Mr. Lucien Capone
BAH
Mr. Charlie Givans
BAH
Mr. William Oakley
BAH
Dr. C. E. Bowen
MITRE
Ms. Joan Richman
MITRE