Presidential DocumentExecutive Order 139612020-27353
Governance and Integration of Federal Mission Resilience
Primary source
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Published
December 10, 2020
Signed
December 7, 2020
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 85 Issue 238 (Thursday, December 10, 2020)</title>
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[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Presidential Documents]
[Pages 79379-79381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-27353]
Presidential Documents
Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 79379]]
Executive Order 13961 of December 7, 2020
Governance and Integration of Federal Mission
Resilience
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the National Security Act of 1947,
as amended, I hereby order the following:
Section 1. Policy. It is the policy of the United
States to maintain comprehensive and effective
continuity programs that ensure national security and
the preservation of government structure under the
United States Constitution and in alignment with
Presidential Policy Directive-40 (PPD-40) of July 15,
2016 (National Continuity Policy). Executive
departments and agencies (agencies), including the
Executive Office of the President, must maintain the
capability and capacity to continuously perform
National Essential Functions (NEFs), as defined by PPD-
40, regardless of threat or condition, and with the
understanding that adequate warning may not be
available. Agency heads must fully integrate
preparedness programs, including continuity and risk
management, into day-to-day operations to ensure the
preservation of the NEFs under all conditions.
Sec. 2. Federal Mission Resilience Strategy. To achieve
this policy, in conjunction with this order, I am
signing the Federal Mission Resilience Strategy
(Strategy), which should be implemented to increase the
resilience of the executive branch. Implementing the
Strategy will reduce the current reliance on reactive
relocation of personnel and enhance a proactive posture
that minimizes disruption, distributes risk to the
performance of NEFs, and maximizes the cost-
effectiveness of actions that ensure continuity of
operations, continuity of government, and enduring
constitutional government.
Sec. 3. Executive Committee. (a) The Federal Mission
Resilience Executive Committee (Executive Committee) is
hereby established.
(b) The Executive Committee shall be composed of
the Secretary of Defense, the Secretary of Homeland
Security, the Director of National Intelligence, the
Assistant to the President for National Security
Affairs (APNSA), the Assistant to the President and
Deputy Chief of Staff for Operations, and the Director
of the Office of Management and Budget. When issues
concerning science and technology, including
communications technology, are on the agenda, the
Executive Committee also shall include the Director of
the Office of Science and Technology Policy (OSTP). The
heads of other agencies, and other senior officials,
shall be invited to attend meetings as appropriate.
(c) The APNSA, in coordination with the other
members of the Executive Committee, shall be
responsible for convening the committee, as
appropriate, to coordinate the review, integration, and
execution of the Strategy and other continuity policy
across the executive branch.
(d) The Executive Committee shall:
(i) coordinate the development of an implementation plan (Plan) for the
Strategy and other continuity policy, as described in section 4(b) of this
order, and shall facilitate execution of the Plan and other continuity
policy, as appropriate;
(ii) advise the President, through the Assistant to the President and Chief
of Staff (Chief of Staff), on the review, integration, and execution of the
Strategy and other continuity policy, including the recommendations
outlined in section 4(c) of this order;
[[Page 79380]]
(iii) establish, with consensus of its members and as appropriate,
subordinate coordinating bodies; and
(iv) coordinate the development of an interagency framework under which
agencies will assess and address risk to Federal Mission Resilience and
NEFs across the executive branch.
Sec. 4. Implementation. (a) Within 90 days of the date
of this order, the Executive Committee shall submit a
Federal Mission Resilience Executive Committee Charter
to the President, through the Chief of Staff, that
identifies any subordinate bodies, working groups, and
reporting mechanisms that support the role of the
Executive Committee.
(b) Within 90 days of the date of this order, the
Executive Committee shall submit a Federal Mission
Resilience Implementation Plan to the President,
through the Chief of Staff, that sets forth how the
executive branch will implement the Strategy. The Plan
shall describe in detail the near-, mid-, and long-term
actions necessary to ensure the uninterrupted
performance of NEFs.
(c) Within 120 days of the date of this order, the
Executive Committee shall coordinate the review of
existing continuity policy and other related national
policies, and shall provide recommendations to the
President, through the Chief of Staff, on any actions
necessary to align these policies with the
implementation of the Strategy.
Sec. 5. Amendment to PPD-40. To designate a new
National Continuity Coordinator (NCC), in section 6 of
PPD-40, the second sentence is hereby revised to read
as follows: ``To advise and assist the President in
that function, the Assistant to the President for
National Security Affairs, or his or her designee, is
designated as the NCC.''
Sec. 6. Amendments to Executive Order 13618. (a)
Section 2.3 of Executive Order 13618 of July 6, 2012
(Assignment of National Security and Emergency
Preparedness Communications Functions), is hereby
revised to read as follows:
''The Director of OSTP is delegated the authority to exercise the
authorities vested in the President by section 706(a), and (c) through (e)
of the Communications Act of 1934, as amended (47 U.S.C. 606(a), and (c)
through (e)), if the President takes the actions, including issuing any
necessary proclamations and findings, required by that section to invoke
those authorities. This delegation shall apply to any provisions of any
future public law that are the same or substantially the same as the
provisions referenced in this section.''
(b) Section 3 of Executive Order 13618 is hereby
revoked. The responsibilities of the national security
and emergency preparedness Executive Committee set
forth in section 3.3 of Executive Order 13618 shall be
transferred to and exercised by the Executive Committee
established in section 3 of this order.
Sec. 7. Program Support. The national security and
emergency preparedness Executive Committee Joint
Program Office established by section 4 of Executive
Order 13618 shall support the Executive Committee
established in section 3 of this order, the execution
of activities described in section 4 of this order, and
those activities taken by the Director of OSTP pursuant
to section 6 of this order.
Sec. 8. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 79381]]
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
December 7, 2020.
[FR Doc. 2020-27353
Filed 12-9-20; 8:45 am]
Billing code 3295-F1-P
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</html>Indexed from Federal Register on December 10, 2020.
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