Executive Order 14239 of March 18, 2025, titled "Achieving Efficiency Through State and Local Preparedness," outlines a significant shift in the United States' approach to national resilience and preparedness. It emphasizes empowering state, local, and individual entities in risk management and infrastructure investment, supported by a streamlined federal government.
Purpose
- The Executive Order aims to enhance national security and create a more resilient Nation through commonsense approaches and investments by State and local governments in American infrastructure.
- It asserts that preparedness is most effectively owned and managed at the State, local, and individual levels, with the Federal Government serving a competent, accessible, and efficient supporting role.
- The order seeks to empower State, local, and individual preparedness, injecting common sense into infrastructure prioritization and strategic investments through risk-informed decisions to bolster resilience against global and dynamic threats like cyber attacks, wildfires, hurricanes, and space weather.
Policy
- It is the policy of the United States that State and local governments and individuals assume a more active and significant role in national resilience and preparedness, aiming to save lives, secure livelihoods, reduce taxpayer burdens, and unleash collective prosperity.
- The Administration commits to streamlining its preparedness operations, updating relevant government policies to reduce complexity, and better protecting and serving Americans.
- A key policy objective is to enable State and local governments to better understand, plan for, and ultimately address the needs of their citizens regarding preparedness.
Updating Federal Policy to Save Lives and End the Subsidization of Mismanagement
This section outlines several critical directives for federal agencies to review, revise, and develop policies and strategies. Compliance teams should note the specific deadlines and requirements for each directive.
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National Resilience Strategy
- Directive: Within 90 days of March 18, 2025, the Assistant to the President for National Security Affairs (APNSA), in coordination with the Assistant to the President for Economic Policy and relevant agencies, shall publish a National Resilience Strategy.
- Content: This strategy must articulate the priorities, means, and ways to advance the resilience of the Nation.
- Review: The strategy is to be reviewed and revised at least every 4 years, or as appropriate.
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National Critical Infrastructure Policy
- Directive: Within 180 days of March 18, 2025, the APNSA, in coordination with the Director of the Office of Science and Technology Policy and relevant agencies, shall review all critical infrastructure policies and recommend revisions, recissions, and replacements to the President.
- Goal: To achieve a more resilient posture, shift from an "all-hazards" to a "risk-informed" approach, move beyond information sharing to action, and implement the National Resilience Strategy.
- Exclusions: Policies related to "misinformation," "disinformation," "malinformation," or "cognitive infrastructure" are specifically excluded from this review and are to be reevaluated separately under Executive Order 14149.
- Policies for Review: Includes NSM 16 (Food and Agriculture), NSM 22 (Critical Infrastructure Security), EO 14017 (America’s Supply Chains), and EO 14123 (White House Council on Supply Chain Resilience).
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National Continuity Policy
- Directive: Within 180 days of March 18, 2025, the APNSA, in coordination with relevant agencies, shall review all national continuity policies and recommend revisions, recissions, and replacements to the President.
- Goal: To modernize and streamline the approach to national continuity capabilities, reformulate methodology and architecture for enduring readiness, and implement the National Resilience Strategy.
- Policies for Review: Includes EO 13618 (NSEP Communications), EO 13961 (Federal Mission Resilience), NSM 32 (National Continuity Policy), and EO 14146 (Partial Revocation of EO 13961).
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Preparedness and Response Policies
- Directive: Within 240 days of March 18, 2025, the APNSA, in coordination with relevant agencies and informed by the FEMA Council (established by EO 14180), shall review all national preparedness and response policies and recommend revisions, recissions, and replacements to the President.
- Goal: To reformulate the process and metrics for Federal responsibility, move away from an "all-hazards" approach, and implement the National Resilience Strategy.
- Policies for Review: Includes EO 12656 (Emergency Preparedness), HSPD 5 (Domestic Incidents), PPD 8 (National Preparedness), PPD 22 (National Special Security Events), and PPD 44 (Enhancing Domestic Incident Response).
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National Risk Register
- Directive: Within 240 days of March 18, 2025, the APNSA, in coordination with the Director of the Office of Management and Budget and relevant agencies, shall coordinate the development of a National Risk Register.
- Content: This register will identify, articulate, and quantify natural and malign risks to national infrastructure, related systems, and their users.
- Utilization: The quantification from the register will inform the Intelligence Community, private sector investments, State investments, and Federal budget priorities.
- Review: The National Risk Register shall be reviewed and revised at least every 4 years, or as appropriate.
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Federal National Functions Constructs
- Directive: Within 1 year of March 18, 2025, the Secretary of Homeland Security shall propose changes to policies outlining the framework of "functions" (e.g., National Essential Functions, Primary Mission Essential Functions, National Critical Functions, Emergency Support Functions, Recovery Support Functions, and Community Lifelines) and any implementing documents.
- Goal: To ensure State and local governments and individuals have improved communications with Federal officials and a better understanding of the Federal role.
- Process: The proposal must be coordinated through the process established by National Security Presidential Memorandum 1 of January 20, 2025, or any successor processes, before submission to the President through the APNSA.
General Provisions
- The Executive Order clarifies that it does not impair the authority granted by law to any executive department or agency, or the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
- Implementation of the order is subject to applicable law and the availability of appropriations.
- The order does not create any enforceable right or benefit, substantive or procedural, against the United States or its entities.