
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5195]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
                 SUBCHAPTER IV-B--EMERGENCY PREPAREDNESS
 
Sec. 5195. Declaration of policy

    The purpose of this subchapter is to provide a system of emergency 
preparedness for the protection of life and property in the United 
States from hazards and to vest responsibility for emergency 
preparedness jointly in the Federal Government and the States and their 
political subdivisions. The Congress recognizes that the organizational 
structure established jointly by the Federal Government and the States 
and their political subdivisions for emergency preparedness purposes can 
be effectively utilized to provide relief and assistance to people in 
areas of the United States struck by a hazard. The Federal Government 
shall provide necessary direction, coordination, and guidance, and shall 
provide necessary assistance, as authorized in this subchapter so that a 
comprehensive emergency preparedness system exists for all hazards.

(Pub. L. 93-288, title VI, Sec. 601, as added Pub. L. 103-337, div. C, 
title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3100.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 2251 of Title 50, Appendix, War and National Defense, prior to 
repeal by Pub. L. 103-337, Sec. 3412(a).


                 Multihazard Preparedness and Mitigation

    Pub. L. 106-74, title III, Oct. 20, 1999, 113 Stat. 1086, provided 
in part: ``That beginning in fiscal year 2000 and each fiscal year 
thereafter, and notwithstanding any other provision of law, the Director 
of FEMA is authorized to provide assistance from funds appropriated 
under this heading [EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE], 
subject to terms and conditions as the Director of FEMA shall establish, 
to any State for multi-hazard preparedness and mitigation through 
consolidated emergency management performance grants''.


  Multihazard Research, Planning, and Mitigation; Functions, Etc., of 
                   Federal Emergency Management Agency

    Pub. L. 96-472, title III, Secs. 301, 302, Oct. 19, 1980, 94 Stat. 
2260, as amended by Pub. L. 97-80, title III, Sec. 301, Nov. 20, 1981, 
95 Stat. 1083; Pub. L. 97-464, title II, Sec. 201, Jan. 12, 1983, 96 
Stat. 2533, provided that:
    ``Sec. 301. It is recognized that natural and manmade hazards may 
not be independent of one another in any given disaster, and it is also 
recognized that emergency personnel are often called upon to meet 
emergencies outside of their primary field of service. Furthermore, 
planning for and responding to different hazards have certain common 
elements. To make maximum use of these commonalities, the Director of 
the Federal Emergency Management Agency (hereinafter referred to as the 
`Director') is authorized and directed to:
        ``(1) initiate, within one year after the date of enactment of 
    this Act [Oct. 19, 1980], studies with the objective of defining and 
    developing a multihazard research, planning, and implementation 
    process within the Agency;
        ``(2) develop, within one year after the date of enactment of 
    this Act [Oct. 19, 1980], in cooperation with State and local 
    governments, prototypical multihazard mitigation projects which can 
    be used to evaluate several approaches to the varying hazard 
    mitigation needs of State and local governments and to assess the 
    applicability of these prototypes to other jurisdictions with 
    similar needs;
        ``(3) investigate and evaluate, within one year after the date 
    of enactment of this Act [Oct. 19, 1980], the effectiveness of a 
    range of incentives for hazard reductions that can be applied at the 
    State and local government levels;
        ``(4) prepare recommendations as to the need for legislation 
    that will limit the legal liability of those third party persons or 
    groups which are called upon to provide technical assistance and 
    advice to public employees, including policemen, firemen, and 
    transportation employees, who are generally the first to respond to 
    a hazardous incident; which recommendations shall be provided to the 
    appropriate committees of Congress within one hundred and eighty 
    days after the date of enactment of this Act [Oct. 19, 1980];
        ``(5) prepare, within one hundred and eighty days after the date 
    of enactment of this Act [Oct. 19, 1980], a report on the status of 
    the Agency's emergency information and communications systems which 
    will provide recommendations on--
            ``(A) the advisability of developing a single, unified 
        emergency information and communication system for use by the 
        Agency in carrying out its emergency management activities;
            ``(B) the potential for using communication and remote 
        sensing satellites as part of the Agency's emergency information 
        and communication system; and
            ``(C) the type of system to be developed, if needed, 
        including the relationship of the proposed system and its needs 
        to the existing and emerging information and communication 
        systems in other Federal agencies;
        ``(6) conduct a program of multihazard research, planning, and 
    mitigation in coordination with those studies and evaluations 
    authorized in paragraphs (1) through (5), as well as other hazard 
    research, planning, and mitigation deemed necessary by the Director;
        ``(7) conduct emergency first response programs so as to better 
    train and prepare emergency personnel to meet emergencies outside of 
    their primary field of service; and
        ``(8) conduct a program of planning, preparedness, and 
    mitigation related to the multiple direct and indirect hazards 
    resulting from the occurrence of large earthquakes.
    ``Sec. 302. (a) For the fiscal year ending September 30, 1981, there 
are authorized to be appropriated to the Director $1,000,000 to carry 
out paragraphs (1) through (5) of section 301 and such sums as may be 
necessary to carry out paragraph (6) of such section.
    ``(b) For the fiscal year ending September 30, 1982, there are 
authorized to be appropriated to the Director--
        ``(1) $4,939,000 to carry out section 301, which amount shall 
    include--
            ``(A) not less than $700,000 to carry out the purposes of 
        paragraphs (1) through (6) of such section;
            ``(B) such sums as may be necessary, but in any case not 
        less than $939,000, for use by the United States Fire 
        Administration in carrying out paragraph (7) of such section; 
        and
            ``(C) not less than $3,300,000 to carry out paragraph (8) of 
        such section with respect to those large California earthquakes 
        which were identified by the National Security Council's Ad Hoc 
        Committee on Assessment of Consequences and Preparations for a 
        Major California Earthquake; and
        ``(2) such further sums as may be necessary for adjustments 
    required by law in salaries, pay, retirement, and employee benefits 
    incurred in the conduct of activities for which funds are authorized 
    by paragraph (1) of this subsection.
    ``(c) For the fiscal year ending September 30, 1983, there are 
authorized to be appropriated to the Director--
        ``(1) $2,774,000 to carry out section 301, which amount shall 
    include--
            ``(A) not less than $300,000 to carry out the purposes of 
        paragraphs (1) through (6) of such section;
            ``(B) such sums as may be necessary, but in any case not 
        less than $939,000, for use by the United States Fire 
        Administration in carrying out paragraph (7) of such section; 
        and
            ``(C) not less than $1,535,000 to carry out paragraph (8) of 
        such section with respect to those large California earthquakes 
        which were identified by the National Security Council's Ad Hoc 
        Committee on Assessment of Consequences and Preparations for a 
        Major California Earthquake and with respect to other high 
        seismic risk areas in the United States; and
        ``(2) such further sums as may be necessary for adjustments 
    required by law in salaries, pay, retirement, and employee benefits 
    incurred in the conduct of activities for which funds are authorized 
    by paragraph (1) of this subsection.''


                    REORGANIZATION PLAN NO. 1 OF 1958

Eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended Pub. L. 85-
    763, Aug. 26, 1958, 72 Stat. 861; Pub. L. 87-296, Sec. 1, Sept. 22, 
    1961, 75 Stat. 630; Pub. L. 87-367, title I, Sec. 103(10), Oct. 4, 
    1961, 75 Stat. 788; Pub. L. 88-426, title III, Sec. 305(11), Aug. 
    14, 1964, 78 Stat. 423; Pub. L. 90-608, ch. IV, Sec. 402, Oct. 21, 
    1968, 82 Stat. 1194; Reorg. Plan No. 1 of 1973, Sec. 3(a), eff. July 
    1, 1973, 38 F.R. 9579, 87 Stat. 1089

Prepared by the President and transmitted to the Senate and the House of 
    Representatives in Congress assembled, April 24, 1958, pursuant to 
    the provisions of the Reorganization Act of 1949, approved June 20, 
    1949, as amended [see 5 U.S.C. 901 et seq.].

                      CIVILIAN MOBILIZATION


            Section 1. Transfer of Functions to the President

    (a) There are hereby transferred to the President of the United 
States all functions vested by law (including reorganization plan) in 
the following: The Office of Defense Mobilization, the Director of the 
Office of Defense Mobilization, the Federal Civil Defense 
Administration, and the Federal Civil Defense Administrator.
    (b) The President may from time to time delegate any of the 
functions transferred to him by subsection (a) of this section to any 
officer, agency, or employee of the executive branch of the Government, 
and may authorized such officer, agency, or employee to redelegate any 
of such functions delegated to him.


                Sec. 2. Office of Emergency Preparedness

    [The Office of Emergency Preparedness including the offices of 
Director and Deputy Director, and all offices of Assistant Director, 
were abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(1), eff. July 1, 
1973, 38 F.R. 9579, 87 Stat. 1089, set out below.]


                       Sec. 3. Regional Directors

    [All offices of Regional Director of the Office of Emergency 
Preparedness were abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(1), 
eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, set out below.]


             Sec. 4. Membership on National Security Council

    [The functions of the Director of the Office of Emergency 
Preparedness as a member of the National Security Council were abolished 
by Reorg. Plan No. 1 of 1973, Sec. 3(a)(2), eff. July 1, 1973, 38 F.R. 
9579, 87 Stat. 1089, set out below.]


                 Sec. 5. Civil Defense Advisory Council

    [The Civil Defense Advisory Council, together with its functions, 
was abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(3), eff. July 1, 
1973, 38 F.R. 9579, 87 Stat. 1089, set out below.]


                           Sec. 6. Abolitions

    The offices of Federal Civil Defense Administrator and Deputy 
Administrator provided for in section 101 of the Federal Civil Defense 
Act (50 U.S.C. App. 2271) and the offices of the Director of the Office 
of Defense Mobilization and Deputy Director of the Office of Defense 
Mobilization provided for in section 1 of Reorganization Plan Numbered 3 
of 1953 (67 Stat. 634) are hereby abolished. The Director of the Office 
of Emergency Preparedness shall make such provisions as may be necessary 
in order to wind up any outstanding affairs of the offices abolished by 
this section which are not otherwise provided for in this reorganization 
plan. [As amended Pub. L. 90-608, ch. IV, Sec. 402, Oct. 21, 1968, 82 
Stat. 1194.]


             Sec. 7. Records, Property, Personnel, and Funds

    (a) The records, property, personnel, and unexpended balances, 
available or to be made available, of appropriations, allocations, and 
other funds of the Office of Defense Mobilization and of the Federal 
Civil Defense Administration shall, upon the taking effect of the 
provisions of this reorganization plan, become records, property, 
personnel, and unexpended balances of the Office of Emergency 
Preparedness.
    (b) Records, property, personnel, and unexpended balances, available 
or to be made available, of appropriations, allocations, and other funds 
of any agency (including the Office of Emergency Preparedness), relating 
to functions vested in or delegated or assigned to the Office of Defense 
Mobilization or the Federal Civil Defense Administration immediately 
prior to the taking effect of the provisions of this reorganization 
plan, may be transferred from time to time to any other agency of the 
Government by the Director of the Bureau of the Budget under authority 
of this subsection for use, subject to the provisions of the 
Reorganization Act of 1949, as amended, in connection with any of the 
said functions authorized at time of transfer under this subsection to 
be performed by the transferee agency.
    (c) Such further measures and dispositions as the Director of the 
Bureau of the Budget shall determine to be necessary in connection with 
the provisions of subsections (a) and (b) of this section shall be 
carried out in such manner as he shall direct and by such agencies as he 
shall designate. [As amended Pub. L. 90-608, ch. IV, Sec. 402, Oct. 21, 
1968, 82 Stat. 1194.]


                       Sec. 8. Interim Provisions

    The President may authorize any person who immediately prior to the 
effective date of this reorganization plan holds an office abolished by 
section 6 hereof to hold any office established by section 2 of this 
reorganization plan until the latter office is filled pursuant to the 
said section 2 or by recess appointment, as the case may be, but in no 
event for any period extending more than 120 days after the said 
effective date.


                         Sec. 9. Effective Date

    The provisions of this reorganization plan shall take effect at the 
time determined under the provisions of section 6(a) of the 
Reorganization Act of 1949, as amended, or on July 1, 1958, whichever is 
later.


                        Message of the President

To the Congress of the United States:
    I transmit herewith Reorganization Plan No. 1 of 1958, prepared in 
accordance with the Reorganization Act of 1949, as amended. The 
reorganization plan provides new arrangements for the conduct of Federal 
defense mobilization and civil defense functions.
    In formulating Reorganization Plan No. 1, I have had the benefit of 
several studies made by the executive branch as well as those conducted 
by the Congress. The reorganization plan will overcome the major 
difficulties revealed by those studies and mentioned in my 1959 budget 
message where I made the following statement:
    The structure of Federal organization for the planning, 
coordination, and conduct of our nonmilitary defense programs has been 
reviewed, and I have concluded that the existing statues assigning 
responsibilities for the central coordination and direction of these 
programs are out of date. The rapid technical advances of military 
science have led to a serious overlap among agencies carrying on these 
leadership and planning functions. Because the situation will continue 
to change and because these functions transcend the responsibility of 
any single department or agency, I have concluded that they should be 
vested in no one short of the President. I will make recommendations to 
the Congress on this subject.
    The principal effects of the organization plan are--
    First, it transfers to the President the functions vested by law in 
the Federal Civil Defense Administration and those so vested in the 
Office of Defense Mobilization. The result is to establish a single 
pattern with respect to the vesting of defense mobilization and civil 
defense functions. At the present time disparity exists in that civil 
defense functions are vested in the President only to a limited degree 
while a major part of the functions administered by the Office of 
Defense Mobilization are vested by law in the President and delegated by 
him to that Office. Under the plan, the broad program responsibilities 
for coordinating and conducting the interrelated defense mobilization 
and civil defense functions will be vested in the President for 
appropriate delegation as the rapidly changing character of the 
nonmilitary preparedness program warrants.
    Second, the reorganization plan consolidates the Office of Defense 
Mobilization and the Federal Civil Defense Administration to form a new 
Office of Defense and Civilian Mobilization in the Executive Office of 
the President. I have concluded that, in many instances, the interests 
and activities of the Office of Defense Mobilization and the Federal 
Civil Defense Administration overlap to such a degree that it is not 
possible to work out a satisfactory division of those activities and 
interests between the two agencies. I have also concluded that a single 
civilian mobilization agency of appropriate stature and authority is 
needed and that such an agency will ensue from the consolidation and 
from the granting of suitable authority to that agency for directing and 
coordinating the preparedness activities of the Federal departments and 
agencies and for providing unified guidance and assistance to the State 
and local governments.
    Third, the reorganization plan transfers the membership of the 
Director of the Office of Defense Mobilization on the National Security 
Council to the Director of the Office of Defense and Civilian 
Mobilization and also transfers the Civil Defense Advisory Council to 
the Office of Defense and Civilian Mobilization.
    Initially, the Office of Defense and Civilian Mobilization will 
perform the civil defense and defense mobilization functions now 
performed by the Office of Defense Mobilization and the Federal Civil 
Defense Administration. One of its first tasks will be to advise me with 
respect to the actions to be taken to clarify and expand the roles of 
the Federal departments and agencies in carrying out nonmilitary defense 
preparedness functions. After such actions are taken, the direction and 
coordination of the civil defense and defense mobilization activities 
assigned to the departments and agencies will comprise a principal 
remaining responsibility of the Office of Defense and Civilian 
Mobilization.
    After investigation, I have found and hereby declare that each 
reorganization included in Reorganization Plan No. 1 of 1958 is 
necessary to accomplish one or more of the purposes set forth in section 
2(a) of the Reorganization Act of 1949, as amended.
    I have also found and hereby declare that it is necessary to include 
in the accompanying reorganization plan, by reason of reorganizations 
made thereby, provisions for the appointment and compensation of new 
officers specified in sections 2 and 3 of the plan. The rates of 
compensation fixed for these officers are, respectively those which I 
have found to prevail in respect of comparable officers in the executive 
branch of the Government.
    The taking effect of the reorganizations included in Reorganization 
Plan No. 1 of 1958 will immediately reduce the number of Federal 
agencies by one and, by providing sounder organizational arrangements 
for the administration of the affected functions, should promote the 
increased economy and effectiveness of the Federal expenditures 
concerned. It is, however, impracticable to itemize at this time the 
reduction of expenditures which it is probable will be brought about by 
such taking effect.
    I urge that the Congress allow the reorganization plan to become 
effective.
                                                   Dwight D. Eisenhower.

    The White House, April 24, 1958.


                    REORGANIZATION PLAN NO. 1 OF 1973

Eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, as amended May 11, 1976, 
    Pub. L. 94-282, title V, Sec. 502, 90 Stat. 472

Prepared by the President and transmitted to the Senate and the House of 
    Representatives in Congress assembled, January 26, 1973, pursuant to 
    the provisions of Chapter 9 of Title 5 of the United States Code.

                EXECUTIVE OFFICE OF THE PRESIDENT


            Section 1. Transfer of Functions to the President

    Except as provided in section 3(a)(2) of this reorganization plan, 
there are hereby transferred to the President of the United States all 
functions vested by law in the Office of Emergency Preparedness or the 
Director of the Office of Emergency Preparedness after the effective 
date of Reorganization Plan No. 1 of 1958.
    Sec. 2. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 
90 Stat. 472. Section transferred to the Director of the National 
Science Foundation all functions vested by law in the Office of Science 
and Technology or the Director or Deputy Director of the Office of 
Science and Technology.]


                           Sec. 3. Abolitions

    (a) The following are hereby abolished:
    (1) The Office of Emergency Preparedness including the offices of 
Director, Deputy Director, and all offices of Assistant Director, and 
Regional Director of the Office of Emergency Preparedness provided for 
by sections 2 and 3 of Reorganization Plan No. 1 of 1958 (5 U.S.C., 
App.).
    (2) The functions of the Director of the Office of Emergency 
Preparedness with respect to being a member of the National Security 
Council.
    (3) The Civil Defense Advisory Council, created by section 102(a) of 
the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2272(a)), together 
with its functions.
    (4) The National Aeronautics and Space Council, created by section 
201 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2471), 
including the office of Executive Secretary of the Council, together 
with its functions.
    (5) The Office of Science and Technology, including the offices of 
Director and Deputy Director, provided for by sections 1 and 2 of 
Reorganization Plan No. 2 of 1962 (5 U.S.C., App.).
    (b) The Director of the Office of Management and Budget shall make 
such provisions as he shall deem necessary respecting the winding up of 
any outstanding affairs of the agencies abolished by the provisions of 
this section.


                      Sec. 4. Incidental Transfers

    (a) So much of the personnel, property, records, and unexpended 
balances of appropriations, allocations, and other funds employed, used, 
held, available, or to be made available in connection with the 
functions transferred by sections 1 and 2 of this reorganization plan as 
the Director of the Office of Management and Budget shall determine 
shall be transferred at such time or times as he shall direct for use in 
connection with the functions transferred.
    (b) Such further measures and dispositions as the Director of the 
Office of Management and Budget shall deem to be necessary in order to 
effectuate the transfers referred to in subsection (a) of this section 
shall be carried out in such manner as he shall direct and by such 
agencies as he shall designate.


                         Sec. 5. Effective Date

    The provisions of this reorganization plan shall take effect as 
provided by section 906(a) of title 5 of the United States Code, or on 
July 1, 1973, whichever is later.

                    MESSAGE OF THE PRESIDENT

To the Congress of the United States:
    On January 5 I announced a three-part program to streamline the 
executive branch of the Federal Government. By concentrating less 
responsibility in the President's immediate staff and more in the hands 
of the departments and agencies, this program should significantly 
improve the services of the Government. I believe these reforms have 
become so urgently necessary that I intend, with the cooperation of the 
Congress, to pursue them with all of the resources of my office during 
the coming year.
    The first part of this program is a renewed drive to achieve passage 
of my legislative proposals to overhaul the Cabinet departments. 
Secondly, I have appointed three Cabinet Secretaries as Counsellors to 
the President with coordinating responsibilities in the broad areas of 
human resources, natural resources, and community development, and five 
Assistants to the President with special responsibilities in the areas 
of domestic affairs, economic affairs, foreign affairs, executive 
management, and operations of the White House.
    The third part of this program is a sharp reduction in the overall 
size of the Executive Office of the President and a reorientation of 
that office back to its original mission as a staff for top-level policy 
formation and monitoring of policy execution in broad functional areas. 
The Executive Office of the President should no longer be encumbered 
with the task of managing or administering programs which can be run 
more effectively by the departments and agencies. I have therefore 
concluded that a number of specialized operational and program functions 
should be shifted out of the Executive Office into the line departments 
and agencies of the Government. Reorganization Plan No. 1 of 1973, 
transmitted herewith, would effect such changes with respect to 
emergency preparedness functions and scientific and technological 
affairs.

         STREAMLINING THE FEDERAL SCIENCE ESTABLISHMENT

    When the National Science Foundation was established by an act of 
the Congress in 1950, its statutory responsibilities included evaluation 
of the Government's scientific research programs and development of 
basic science policy. In the late 1950's, however, with the 
effectiveness of the U.S. science effort under serious scrutiny as a 
result of sputnik, the post of Science Advisor to the President was 
established. The White House became increasingly involved in the 
evaluation and coordination of research and development programs and in 
science policy matters, and that involvement was institutionalized in 
1962 when a reorganization plan established the Office of Science and 
Technology within the Executive Office of the President, through 
transfer of authorities formerly vested in the National Science 
Foundation.
    With advice and assistance from OST during the past decade; the 
scientific and technological capability of the Government has been 
markedly strengthened. This administration is firmly committed to a 
sustained, broadbased national effort in science and technology, as I 
made plain last year in the first special message on the subject ever 
sent by a President to the Congress. The research and development 
capability of the various executive departments and agencies, civilian 
as well as defense, has been upgraded. The National Science Foundation 
has broadened from its earlier concentration on basic research support 
to take on a significant role in applied research as well. It has 
matured in its ability to play a coordinating and evaluative role within 
the Government and between the public and private sectors.
    I have therefore concluded that it is timely and appropriate to 
transfer to the Director of the National Science Foundation all 
functions presently vested in the Office of Science and Technology, and 
to abolish that office. Reorganization Plan No. 1 would effect these 
changes.
    The multi-disciplinary staff resources of the Foundation will 
provide analytic capabilities for performance of the transferred 
functions. In addition, the Director of the Foundation will be able to 
draw on expertise from all of the Federal agencies, as well as from 
outside the Government, for assistance in carrying out his new 
responsibilities.
    It is also my intention, after the transfer of responsibilities is 
effected, to ask Dr. H. Guyford Stever, the current Director of the 
Foundation, to take on the additional post of Science Adviser. In this 
capacity, he would advise and assist the White House, Office of 
Management and Budget, Domestic Council, and other entities within the 
Executive Office of the President on matters where scientific and 
technological expertise is called for, and would act as the President's 
representative in selected cooperative programs in international 
scientific affairs, including chairing such joint bodies as the U.S.--
U.S.S.R. Joint Commission on Scientific and Technical Cooperation.
    In the case of national security, the Department of Defense has 
strong capabilities for assessing weapons needs and for undertaking new 
weapons development, and the President will continue to draw primarily 
on this source for advice regarding military technology. The President 
in special situations also may seek independent studies or assessments 
concerning military technology from within or outside the Federal 
establishment, using the machinery of the National Security Council for 
this purpose, as well as the Science Adviser when appropriate.
    In one special area of technology--space and aeronautics--a 
coordinating council has existed within the Executive Office of the 
President since 1958. This body, the National Aeronautics and Space 
Council, met a major need during the evolution of our nation's space 
program. Vice President Agnew has served with distinction as its 
chairman for the past four years. At my request, beginning in 1969, the 
Vice President also chaired a special Space Task Group charged with 
developing strategy alternatives for a balanced U.S. space program in 
the coming years.
    As a result of this work, basic policy issues in the United States 
space effort have been resolved, and the necessary interagency 
relationships have been established. I have therefore concluded, with 
the Vice President's concurrence, that the Council can be discontinued. 
Needed policy coordination can now be achieved through the resources of 
the executive departments and agencies, such as the National Aeronautics 
and Space Administration, augmented by some of the former Council staff. 
Accordingly, my reorganization plan proposes the abolition of the 
National Aeronautics and Space Council.

            A NEW APPROACH TO EMERGENCY PREPAREDNESS

    The organization within the Executive Office of the President which 
has been known in recent years as the Office of Emergency Preparedness 
dates back, through its numerous predecessor agencies, more than 20 
years. It has performed valuable functions in developing plans for 
emergency preparedness, in administering Federal disaster relief, and in 
overseeing and assisting the agencies in this area.
    OEP's work as a coordinating and supervisory authority in this field 
has in fact been so effective--particularly under the leadership of 
General George A. Lincoln, its director for the past four years, who 
retired earlier this month after an exceptional military and public 
service career--that the line departments and agencies which in the past 
have shared in the performance of the various preparedness functions now 
possess the capability to assume full responsibility for those 
functions. In the interest of efficiency and economy, we can now further 
streamline the Executive Office of the President by formally relocating 
those responsibilities and closing the Office of Emergency Preparedness.
    I propose to accomplish this reform in two steps. First, 
Reorganization Plan No. 1 would transfer to the President all functions 
previously vested by law in the Office or its Director, except the 
Director's role as a member of the National Security Council, which 
would be abolished; and it would abolish the Office of Emergency 
Preparedness.
    The functions to be transferred to the President from OEP are 
largely incidental to emergency authorities already vested in him. They 
include functions under the Disaster Relief Act of 1970 [42 U.S.C. 4401 
et seq.]; the function of determining whether a major disaster has 
occurred within the meaning of (1) Section 7 of the Act of September 30, 
1950, as amended, 20 U.S.C. 241-1, or (2) Section 762(a) of the Higher 
Education Act of 1965, as added by Section 161(a) of the Education 
Amendments of 1972, Public Law 92-318, 86 Stat. 288 at 299 (relating to 
the furnishing by the Commissioner of Education of disaster relief 
assistance for educational purposes) [20 U.S.C. 1132d-1]; and functions 
under Section 232 of the Trade Expansion Act of 1962, as amended (19 
U.S.C. 1862), with respect to the conduct of investigations to determine 
the effects on national security of the importation of certain articles.
    The Civil Defense Advisory Council within OEP would also be 
abolished by this plan, as changes in domestic and international 
conditions since its establishment in 1950 have now obviated the need 
for a standing council of this type. Should advice of the kind the 
Council has provided be required again in the future, State and local 
officials and experts in the field can be consulted on an ad hoc basis.
    Second, as soon as the plan became effective, I would delegate OEP's 
former functions as follows:
        All OEP responsibilities having to do with preparedness for and 
    relief of civil emergencies and disasters would be transferred to 
    the Department of Housing and Urban Development. This would provide 
    greater field capabilities for coordination of Federal disaster 
    assistance with that provided by States and local communities, and 
    would be in keeping with the objective of creating a broad, new 
    Department of Community Development.
        OEP's responsibilities for measures to ensure the continuity of 
    civil government operations in the event of major military attack 
    would be reassigned to the General Services Administration, as would 
    responsibility for resource mobilization including the management of 
    national security stockpiles, with policy guidance in both cases to 
    be provided by the National Security Council, and with economic 
    considerations relating to changes in stockpile levels to be 
    coordinated by the Council on Economic Policy.
        Investigations of imports which might threaten the national 
    security--assigned to OEP by Section 232 of the Trade Expansion Act 
    of 1962 [19 U.S.C. 1862]--would be reassigned to the Treasury 
    Department, whose other trade studies give it a readymade capability 
    in this field; the National Security Council would maintain its 
    supervisory role over strategic imports.
    Those disaster relief authorities which have been reserved to the 
President in the past, such as the authority to declare major disasters, 
will continue to be exercised by him under these new arrangements. In 
emergency situations calling for rapid interagency coordination, the 
Federal response will be coordinated by the Executive Office of the 
President under the general supervision of the Assistant to the 
President in charge of executive management.
    The Oil Policy Committee will continue to function as in the past, 
unaffected by this reorganization, except that I will designate the 
Deputy Secretary of the Treasury as chairman in place of the Director of 
OEP. The committee will operate under the general supervision of the 
Assistant to the President in charge of economic affairs.

                          DECLARATIONS

    After investigation, I have found that each action included in the 
accompanying plan is necessary to accomplish one or more of the purposes 
set forth in Section 901(a) of title 5 of the United States Code. In 
particular, the plan is responsive to the intention of the Congress as 
expressed in Section 901(a)(1), ``to promote better execution of the 
laws, more effective management of the executive branch and of its 
agencies and functions, and expeditious administration of the public 
business;'' and in Section 901(a)(3), ``to increase the efficiency of 
the operations of the Government to the fullest extent practicable;'' 
and in Section 901(a)(5), ``to reduce the number of agencies by 
consolidating those having similar functions under a single head, and to 
abolish such agencies or functions as may not be necessary for the 
efficient conduct of the Government.''
    While it is not practicable to specify all of the expenditure 
reductions and other economies which will result from the actions 
proposed, personnel and budget savings from abolition of the National 
Aeronautics and Space Council and the Office of Science and Technology 
alone will exceed $2 million annually, and additional savings should 
result from a reduction of Executive Pay Schedule positions now 
associated with other transferred and delegated functions.
    The plan has as its one logically consistent subject matter the 
streamlining of the Executive Office of the President and the 
disposition of major responsibilities currently conducted in the 
Executive Office of the President, which can better be performed 
elsewhere or abolished.
    The functions which would be abolished by this plan, and the 
statutory authorities for each, are:
        (1) the functions of the Director of the Office of Emergency 
    Preparedness with respect to being a member of the National Security 
    Council (Sec. 101, National Security Act of 1947, as amended, 50 
    U.S.C. 402; and Sec. 4, Reorganization Plan No. 1 of 1958);
        (2) the functions of the Civil Defense Advisory Council (Sec. 
    102(a) Federal Civil Defense Act of 1950; 50 U.S.C. App. 2272(a)); 
    and
        (3) the functions of the National Aeronautics and Space Council 
    (Sec. 201, National Aeronautics and Space Act of 1958; 42 U.S.C. 
    2471).
    The proposed reorganization is a necessary part of the restructuring 
of the Executive Office of the President. It would provide through the 
Director of the National Science Foundation a strong focus for Federal 
efforts to encourage the development and application of science and 
technology to meet national needs. It would mean better preparedness for 
and swifter response to civil emergencies, and more reliable precautions 
against threats to the national security. The leaner and less diffuse 
Presidential staff structure which would result would enhance the 
President's ability to do his job and would advance the interests of the 
Congress as well.
    I am confident that this reorganization plan would significantly 
increase the overall efficiency and effectiveness of the Federal 
Government. I urge the Congress to allow it to become effective.
                                                          Richard Nixon.

    The White House, January 26, 1973.

                        Executive Order No. 10186

    Ex. Ord. No. 10186, Dec. 1, 1950, 15 F.R. 8557, established the 
Federal Civil Defense Administration in the Office for Emergency 
Management of the Executive Office of the President, provided for the 
appointment of an Administrator and a Deputy Administrator, and 
delineated the purposes, functions, and authority of the Administration 
and the Administrator.

                        Executive Order No. 10222

    Ex. Ord. No. 10222, Mar. 8, 1951, 16 F.R. 2247, which transferred to 
Federal Civil Defense Administration functions of Health Resources 
Office of National Security Resources Board, was revoked by section 
904(a)(2) of Ex. Ord. No. 12919, June 3, 1994, 59 F.R. 29533, set out as 
a note under section 2153 of Title 50, Appendix, War and National 
Defense.

                        Executive Order No. 10346

    Ex. Ord. No. 10346, Apr. 17, 1952, 17 F.R. 3477, as amended by Ex. 
Ord. No. 10438, Mar. 13, 1953, 18 F.R. 1491; Ex. Ord. No. 10773, July 1, 
1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. 
Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, which related to the 
preparation by Federal agencies of civil defense emergency plans, was 
revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.

                        Executive Order No. 10529

    Ex. Ord. No. 10529, Apr. 22, 1954, 19 F.R. 2397, as amended by Ex. 
Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 
1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, 
which related to Federal employee participation in State and local civil 
defense programs, was revoked by section 5-104 of Ex. Ord. No. 12148, 
July 20, 1979, 44 F.R. 43243, set out below.

                        Executive Order No. 10611

    Ex. Ord. No. 10611, May 11, 1955, 20 F.R. 3245, which related to 
establishment of the Civil Defense Coordinating Board, was revoked by 
section 7(7) of Ex. Ord. No. 10773.

                        Executive Order No. 10773

    Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061, as amended by Ex. 
Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971, which related to the 
delegation and transfer of functions to the Office of Civil and Defense 
Mobilization, was superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27 
F.R. 9683, see below.

                        Executive Order No. 10902

    Ex. Ord. No. 10902, Jan. 9, 1961, 26 F.R. 217, which related to the 
issuance of emergency preparedness orders, was superseded by Ex. Ord. 
No. 11051, Sept. 27, 1962, 27 F.R. 9683, see below.

                        Executive Order No. 10952

    Ex. Ord. No. 10952, July 20, 1961, 26 F.R. 6577, as amended by Ex. 
Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, which related to the 
assignment of civil defense responsibilities, was revoked by section 5-
108 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set out below.

                        Executive Order No. 10958

    Ex. Ord. No. 10958, Aug. 14, 1961, 26 F.R. 7571, as amended by Ex. 
Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, which provided for the 
delegation of functions respecting stockpiles of medical supplies and 
equipment and food, was revoked by Ex. Ord. No. 11794, July 11, 1974, 39 
F.R. 25937.

                        Executive Order No. 10997

    Ex. Ord. No. 10997, Feb. 16, 1962, 27 F.R. 1522, which related to 
assignment of emergency preparedness functions to Secretary of the 
Interior, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 
17567, see below.

                        Executive Order No. 10998

    Ex. Ord. No. 10998, Feb. 16, 1962, 27 F.R. 1524, which related to 
assignment of emergency preparedness functions to Secretary of 
Agriculture, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 
17567, see below.

                        Executive Order No. 10999

    Ex. Ord. No. 10999, Feb. 16, 1962, 27 F.R. 1527, which related to 
assignment of emergency preparedness functions to Secretary of Commerce, 
was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see 
below.

                        Executive Order No. 11000

    Ex. Ord. No. 11000, Feb. 16, 1962, 27 F.R. 1532, which related to 
assignment of emergency preparedness functions to Secretary of Labor, 
was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see 
below.

                        Executive Order No. 11001

    Ex. Ord. No. 11001, Feb. 16, 1962, 27 F.R. 1534, which related to 
assignment of emergency preparedness functions to Secretary of Health, 
Education, and Welfare, was revoked by Ex. Ord. No. 11490, Oct. 28, 
1969, 34 F.R. 17567, see below.

                        Executive Order No. 11002

    Ex. Ord. No. 11002, Feb. 16, 1962, 27 F.R. 1539, which related to 
assignment of emergency preparedness functions to Postmaster General, 
was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see 
below.

                        Executive Order No. 11003

    Ex. Ord. No. 11003, Feb. 16, 1962, 27 F.R. 1540, which related to 
assignment of emergency preparedness functions to Administrator of 
Federal Aviation Agency, was revoked by Ex. Ord. No. 11490, Oct. 28, 
1969, 34 F.R. 17567, see below.

                        Executive Order No. 11004

    Ex. Ord. No. 11004, Feb. 16, 1962, 27 F.R. 1542, which related to 
assignment of emergency preparedness functions to Housing and Home 
Finance Administrator, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 
34 F.R. 17567, see below.

                        Executive Order No. 11005

    Ex. Ord. No. 11005, Feb. 16, 1962, 27 F.R. 1544, which related to 
assignment of emergency preparedness functions to Interstate Commerce 
Commission, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 
17567, see below.

                        Executive Order No. 11051

    Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, as amended by Ex. 
Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473; Ex. Ord. No. 11556, Sept. 4, 
1970, 35 F.R. 14193; Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175; 
Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, which related to 
responsibility of the Office of Emergency Preparedness, was revoked by 
section 5-109 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set 
out below.

                        Executive Order No. 11087

    Ex. Ord. No. 11087, Feb. 26, 1963, 28 F.R. 1835, which related to 
assignment of emergency preparedness functions to Secretary of State, 
was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see 
below.

                        Executive Order No. 11088

    Ex. Ord. No. 11088, Feb. 26, 1963, 28 F.R. 1837, which related to 
assignment of emergency preparedness functions to Secretary of the 
Treasury, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 
17567, see below.

                        Executive Order No. 11089

    Ex. Ord. No. 11089, Feb. 26, 1963, 28 F.R. 1839, which related to 
assignment of emergency preparedness functions to Atomic Energy 
Commission, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 
17567, see below.

                        Executive Order No. 11090

    Ex. Ord. No. 11090, Feb. 26, 1963, 28 F.R. 1841, which related to 
assignment of emergency preparedness functions to Civil Aeronautics 
Board, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, 
see below.

                        Executive Order No. 11091

    Ex. Ord. No. 11091, Feb. 26, 1963, 28 F.R. 1843, which related to 
assignment of emergency preparedness functions to Civil Service 
Commission, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 
17567, see below.

                        Executive Order No. 11092

    Ex. Ord. No. 11092, Feb. 26, 1963, 28 F.R. 1847, which related to 
assignment of emergency preparedness functions to Federal Communications 
Commission, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 
17567, see below.

                        Executive Order No. 11093

    Ex. Ord. No. 11093, Feb. 26, 1963, 28 F.R. 1851, which related to 
assignment of emergency preparedness functions to Administrator of 
General Services, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 
F.R. 17567, see below.

                        Executive Order No. 11094

    Ex. Ord. No. 11094, Feb. 26, 1963, 28 F.R. 1855, which related to 
assignment of emergency preparedness functions to Board of Governors of 
Federal Reserve System, Federal Home Loan Bank Board, Farm Credit 
Administration, Export-Import Bank of Washington, Board of Directors of 
Federal Deposit Insurance Corporation, Securities and Exchange 
Commission, Administrator of Small Business Administration, and 
Administrator of Veterans Affairs, was revoked by Ex. Ord. No. 11490, 
Oct. 28, 1969, 34 F.R. 17567, see below.

                        Executive Order No. 11095

    Ex. Ord. No. 11095, Feb. 26, 1963, 28 F.R. 1859, which related to 
assignment of emergency preparedness functions to Board of Directors of 
Tennessee Valley Authority, Railroad Retirement Board, Administrator of 
National Aeronautics and Space Administration, Federal Power Commission, 
and Director of National Science Foundation, was revoked by Ex. Ord. No. 
11490, Oct. 28, 1969, 34 F.R. 17567, see below.

                        Executive Order No. 11426

    Ex. Ord. No. 11426, Aug. 31, 1968, 33 F.R. 12615, which provided for 
Federal-State liaison and cooperation, was superseded by Ex. Ord. No. 
11455, Feb. 14, 1969, 34 F.R. 2299.

                        Executive Order No. 11490

    Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, as amended by Ex. 
Ord. No. 11522, Apr. 6, 1970, 35 F.R. 5659; Ex. Ord. No. 11556, Sept. 4, 
1970, 35 F.R. 14193; Ex. Ord. No. 11746, Nov. 7, 1973, 38 F.R. 30991; 
Ex. Ord. No. 11921, June 11, 1976, 41 F.R. 24294; Ex. Ord. No. 11953, 
Jan. 7, 1977, 42 F.R. 2492; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 
4957; Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349; Ex. Ord. No. 
12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12148, July 20, 1979, 
44 F.R. 43239; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, which 
related to assignment of emergency preparedness functions to Federal 
agencies and departments, was revoked by section 2901 of Ex. Ord. No. 
12656, Nov. 18, 1988, 53 F.R. 47491, set out below.

                        Executive Order No. 11522

    Ex. Ord. No. 11522, Apr. 6, 1970, 35 F.R. 5659, which related to the 
assignment of emergency preparedness functions to the United States 
Information Agency, was superseded by Ex. Ord. No. 11921, June 11, 1976, 
41 F.R. 24294.

                        Executive Order No. 11725

    Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, as amended by Ex. 
Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177; Ex. Ord. No. 12046, Mar. 
27, 1978, 43 F.R. 13349, which related to transfer of certain functions 
of the Office of Emergency Preparedness, was revoked by section 5-112 of 
Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set out below.

                        Executive Order No. 11746

    Ex. Ord. No. 11746, Nov. 7, 1973, 38 F.R. 30991, which related to 
the assignment of emergency preparedness functions to the Department of 
the Treasury, was superseded by Ex. Ord. No. 11921, June 11, 1976, 41 
F.R. 24294.

            Ex. Ord. No. 12148. Federal Emergency Management

    Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended by Ex. 
Ord. No. 12155, Sept. 10, 1979, 44 F.R. 53071; Ex. Ord. No. 12156, Sept. 
10, 1979, 44 F.R. 53073; Ex. Ord. No. 12381, Sept. 8, 1982, 47 F.R. 
39795; Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571; Ex. Ord. No. 
12919, Sec. 904(a)(8), June 3, 1994, 59 F.R. 29533, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including the Federal Civil 
Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), the 
Disaster Relief Act of 1970, as amended (42 U.S.C. Chapter 58 note), the 
Disaster Relief Act of 1974 (88 Stat. 143; 42 U.S.C. 5121 et seq.), the 
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 
Section 4 of Public Law 92-385 (86 Stat. 556), Section 43 of the Act of 
August 10, 1956, as amended (50 U.S.C. App. 2285), the National Security 
Act of 1947, as amended [see Short Title note set out under 50 U.S.C. 
401], the Defense Production Act of 1950, as amended (50 U.S.C. App. 
2061 et seq.), Reorganization Plan No. 1 of 1958 [set out above], 
Reorganization Plan No. 1 of 1973 [set out above], the Strategic and 
Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.), 
Section 202 of the Budget and Accounting Procedures Act of 1950 (31 
U.S.C. 581c) [31 U.S.C. 1531], and Section 301 of Title 3 of the United 
States Code, and in order to transfer emergency functions to the Federal 
Emergency Management Agency, it is hereby ordered as follows:

                  Section 1. Transfers or Reassignments

    1-1. Transfer or Reassignment of Existing Functions.
    1-101. All functions vested in the President that have been 
delegated or assigned to the Defense Civil Preparedness Agency, 
Department of Defense, are transferred or reassigned to the Director of 
the Federal Emergency Management Agency.
    1-102. All functions vested in the President that have been 
delegated or assigned to the Federal Disaster Assistance Administration, 
Department of Housing and Urban Development, are transferred or 
reassigned to the Director of the Federal Emergency Management Agency, 
including any of those functions redelegated or reassigned to the 
Department of Commerce with respect to assistance to communities in the 
development of readiness plans for severe weather-related emergencies.
    1-103. All functions vested in the President that have been 
delegated or assigned to the Federal Preparedness Agency, General 
Services Administration, are transferred or reassigned to the Director 
of the Federal Emergency Management Agency.
    1-104. All functions vested in the President by the Earthquake 
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), including those 
functions performed by the Office of Science and Technology Policy, are 
delegated, transferred, or reassigned to the Director of the Federal 
Emergency Management Agency.
    1-2. Transfer or Reassignment of Resources.
    1-201. The records, property, personnel and positions, and 
unexpended balances of appropriations, available or to be made 
available, which relate to the functions transferred, reassigned, or 
redelegated by this Order are hereby transferred to the Director of the 
Federal Emergency Management Agency.
    1-202. The Director of the Office of Management and Budget shall 
make such determinations, issue such orders, and take all actions 
necessary or appropriate to effectuate the transfers or reassignments 
provided by this Order, including the transfer of funds, records, 
property, and personnel.

         Sec. 2. Management of Emergency Planning and Assistance

    2-1. General.
    2-101. The Director of the Federal Emergency Management Agency shall 
establish Federal policies for, and coordinate, all civil defense and 
civil emergency planning, management, mitigation, and assistance 
functions of Executive agencies.
    2-102. The Director shall periodically review and evaluate the civil 
defense and civil emergency functions of the Executive agencies. In 
order to improve the efficiency and effectiveness of those functions, 
the Director shall recommend to the President alternative methods of 
providing Federal planning, management, mitigation, and assistance.
    2-103. The Director shall be responsible for the coordination of 
efforts to promote dam safety, for the coordination of natural and 
nuclear disaster warning systems, and for the coordination of 
preparedness and planning to reduce the consequences of major terrorist 
incidents.
    2-104. The Director shall represent the President in working with 
State and local governments and private sector to stimulate vigorous 
participation in civil emergency preparedness, mitigation, response, and 
recovery programs.
    2-105. The Director shall provide an annual report to the President 
for subsequent transmittal to the Congress on the functions of the 
Federal Emergency Management Agency. The report shall assess the current 
overall state of effectiveness of Federal civil defense and civil 
emergency functions, organizations, resources, and systems and recommend 
measures to be taken to improve planning, management, assistance, and 
relief by all levels of government, the private sector, and volunteer 
organizations.
    2-2. Implementation.
    2-201. In executing the functions under this Order, the Director 
shall develop policies which provide that all civil defense and civil 
emergency functions, resources, and systems of Executive agencies are:
    (a) founded on the use of existing organizations, resources, and 
systems to the maximum extent practicable;
    (b) integrated effectively with organizations, resources, and 
programs of State and local governments, the private sector and 
volunteer organizations; and
    (c) developed, tested and utilized to prepare for, mitigate, respond 
to and recover from the effects on the population of all forms of 
emergencies.
    2-202. Assignments of civil emergency functions shall, whenever 
possible, be based on extensions (under emergency conditions) of the 
regular missions of the Executive agencies.
    2-203. For purposes of this Order, ``civil emergency'' means any 
accidental, natural, man-caused, or wartime emergency or threat thereof, 
which causes or may cause substantial injury or harm to the population 
or substantial damage to or loss of property.
    2-204. In order that civil defense planning continues to be fully 
compatible with the Nation's overall strategic policy, and in order to 
maintain an effective link between strategic nuclear planning and 
nuclear attack preparedness planning, the development of civil defense 
policies and programs by the Director of the Federal Emergency 
Management Agency shall be subject to oversight by the Secretary of 
Defense and the National Security Council.
    2-205. To the extent authorized by law and within available 
resources, the Secretary of Defense shall provide the Director of the 
Federal Emergency Management Agency with support for civil defense 
programs in the areas of program development and administration, 
technical support, research, communications, transportation, 
intelligence, and emergency operations.
    2-206. All Executive agencies shall cooperate with and assist the 
Director in the performance of his functions.
    2-3. Transition Provisions.
    2-301. The functions which have been transferred, reassigned, or 
redelegated by Section 1 of this Order are recodified and revised as set 
forth in this Order at Section 4, and as provided by the amendments made 
at Section 5 to the provisions of other Orders.
    2-302. Notwithstanding the revocations, revisions, codifications, 
and amendments made by this Order, the Director may continue to perform 
the functions transferred to him by Section 1 of this Order, except 
where they may otherwise be inconsistent with the provisions of this 
Order.

              Sec. 3. Federal Emergency Management Council

    [Revoked by Ex. Ord. No. 12919, Sec. 904(a)(8), June 3, 1994, 59 
F.R. 29533.]

                           Sec. 4. Delegations

    4-1. Delegation of Functions Transferred to the President.
    4-101. [Revoked by Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R. 
53071.]
    4-102. The functions vested in the Director of the Office of Defense 
Mobilization by Sections 103 and 303 of the National Security Act of 
1947, as amended by Sections 8 and 50 of the Act of September 3, 1954 
(Public Law 779; 68 Stat. 1228 and 1244) (50 U.S.C. 404 and 405), were 
transferred to the President by Section 1(a) of Reorganization Plan No. 
1 of 1958, as amended (50 U.S.C. App. 2271 note) [now set out above], 
and they are hereby delegated to the Director of the Federal Emergency 
Management Agency.
    4-103. (a) The functions vested in the Federal Civil Defense 
Administration or its Administrator by the Federal Civil Defense Act of 
1950, as amended (50 U.S.C. App. 2251 et seq.), were transferred to the 
President by Reorganization Plan No. 1 of 1958, and they are hereby 
delegated to the Director of the Federal Emergency Management Agency.
    (b) Excluded from the delegation in subsection (a) is the function 
under Section 205(a)(4) of the Federal Civil Defense Act of 1950, as 
amended (50 U.S.C. App. 2286(a)(4)), relating to the establishment and 
maintenance of personnel standards on the merit basis that was delegated 
to the Director of the Office of Personnel Management by Section 1(b) of 
Executive Order No. 11589, as amended (Section 2-101(b) of Executive 
Order No. 12107) [5 U.S.C. 3376 note].
    4-104. The Director of the Federal Emergency Management Agency is 
authorized to redelegate, in accord with the provisions of Section 1(b) 
of Reorganization Plan No. 1 of 1958 (50 U.S.C. App. 2271 note) [now set 
out above], any of the functions delegated by Sections 4-101, 4-102, and 
4-103 of this Order.
    4-105. The functions vested in the Administrator of the Federal 
Civil Defense Administration by Section 43 of the Act of August 10, 1956 
(70A Stat. 636) [50 U.S.C. App. 2285], were transferred to the President 
by Reorganization Plan No. 1 of 1958, as amended (50 U.S.C. App. 2271 
note) [now set out above], were subsequently revested in the Director of 
the Office of Civil and Defense Mobilization by Section 512 of Public 
Law 86-500 (50 U.S.C. App. 2285) [the office was changed to Office of 
Emergency Planning by Public Law 87-296 (75 Stat. 630) and then to the 
Office of Emergency Preparedness by Section 402 of Public Law 90-608 (82 
Stat. 1194)], were again transferred to the President by Section 1 of 
Reorganization Plan No. 1 of 1973 (50 U.S.C. App. 2271 note) [now set 
out above], and they are hereby delegated to the Director of the Federal 
Emergency Management Agency.
    4-106. The functions vested in the Director of the Office of 
Emergency Preparedness by Section 16 of the Act of September 23, 1950, 
as amended (20 U.S.C. 646), and by Section 7 of the Act of September 30, 
1950, as amended (20 U.S.C. 241-1), were transferred to the President by 
Section 1 of Reorganization Plan No. 1 of 1973 (50 U.S.C. App. 2271 
note) [now set out above], and they are hereby delegated to the Director 
of the Federal Emergency Management Agency.
    4-107. That function vested in the Director of the Office of 
Emergency Preparedness by Section 762(a) of the Higher Education Act of 
1965, as added by Section 161(a) of the Education Amendments of 1972, 
and as further amended (20 U.S.C. 1132d-1(a)), to the extent transferred 
to the President by Reorganization Plan No. 1 of 1973 (50 U.S.C. App. 
2271 note) [now set out above], is hereby delegated to the Director of 
the Federal Emergency Management Agency.
    4-2. Delegation of Functions Vested in the President.
    4-201. The functions vested in the President by the Disaster Relief 
Act of 1970, as amended (42 U.S.C. Chapter 58 note), are hereby 
delegated to the Director of the Federal Emergency Management Agency.
    4-202. The functions (related to grants for damages resulting from 
hurricane and tropical storm Agnes) vested in the President by Section 4 
of Public Law 92-335 (86 Stat. 556) are hereby delegated to the Director 
of the Federal Emergency Management Agency.
    Section [sic] 4-203. The functions vested in the President by the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as 
amended (42 U.S.C. 5121 et seq.), except those functions vested in the 
President by Section 401 (relating to the declaration of major disasters 
and emergencies) [42 U.S.C. 5170], Section 501 (relating to the 
declaration of emergencies) [42 U.S.C. 5191], Section 405 (relating to 
the repair, reconstruction, restoration, or replacement of Federal 
facilities) [42 U.S.C. 5171], and Section 412 (relating to food coupons 
and distribution) [42 U.S.C. 5179], are hereby delegated to the Director 
of the Federal Emergency Management Agency.
    4-204. The functions vested in the President by the Earthquake 
Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.) are 
delegated to the Director of the Federal Emergency Management Agency.
    4-205. Effective July 30, 1979, the functions vested in the 
President by Section 4(h) of the Commodity Credit Corporation Charter 
Act, as amended (15 U.S.C. 714b(h)), are hereby delegated to the 
Director of the Federal Emergency Management Agency.
    4-206. Effective July 30, 1979, the functions vested in the 
President by Section 204(f) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 485(f)), are hereby 
delegated to the Director of the Federal Emergency Management Agency.
    4-207. The functions vested in the President by Section 502 of the 
Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2302), are 
delegated to the Director of the Federal Emergency Management Agency.

                     Sec. 5. Other Executive Orders

    5-1. Revocations.
    5-101. Executive Order No. 10242, as amended, entitled ``Prescribing 
Regulations Governing the Exercise by the Federal Civil Defense 
Administrator of Certain Administrative Authority Granted by the Federal 
Civil Defense Act of 1950'', is revoked.
    5-102. Sections 1 and 2 of Executive Order No. 10296, as amended, 
entitled ``Providing for the Performance of Certain Defense Housing and 
Community Facilities and Service Functions'', are revoked.
    5-103. Executive Order No. 10494, as amended, relating to the 
disposition of remaining functions, is revoked.
    5-104. Executive Order No. 10529, as amended, relating to federal 
employee participation in State and local civil defense programs, is 
revoked.
    5-105. Section 3 of Executive Order No. 10601, as amended, which 
concerns the Commodity Set Aside, is revoked.
    5-106. Executive Order No. 10634, as amended, relating to loans for 
facilities destroyed or damaged by a major disaster, is revoked.
    5-107. Section 4(d)(2) of Executive Order No. 10900, as amended, 
which concerns foreign currencies made available to make purchases for 
the supplemental stockpile, is revoked.
    5-108. Executive Order No. 10952, as amended, entitled ``Assigning 
Civil Defense Responsibilities to the Secretary of Defense and Others'', 
is revoked.
    5-109. Executive Order No. 11051, as amended, relating to 
responsibilities of the Office of Emergency Preparedness, is revoked.
    5-110. Executive Order No. 11415, as amended, relating to the Health 
Resources Advisory Committee, is revoked.
    5-111. Executive Order No. 11795, as amended, entitled ``Delegating 
Disaster Relief Functions Pursuant to the Disaster Relief Act of 1974'', 
is revoked, except for Section 3 thereof.
    5-112. Executive Order No. 11725, as amended, entitled ``Transfer of 
Certain Functions of the Office of Emergency Preparedness'', is revoked.
    5-113. Executive Order No. 11749, as amended, entitled 
``Consolidating Disaster Relief Functions Assigned to the Secretary of 
Housing and Urban Development'' is revoked.
    5-2. Amendments.
    5-201. Executive Order No. 10421, as amended, relating to physical 
security of defense facilities [formerly set out as a note under 50 
U.S.C. 404] is further amended by (a) substituting the ``Director of the 
Federal Emergency Management Agency'' for ``Director of the Office of 
Emergency Planning'' in Sections 1(a), 1(c), and 6(b); and, (b) 
substituting ``Federal Emergency Management Agency'' for ``Office of 
Emergency Planning'' in Sections 6(b) and 7(b).
    5-202. Executive Order No. 10480, as amended [50 U.S.C. App. 2153 
note], is further amended by (a) substituting ``Director of the Federal 
Emergency Management Agency'' for ``Director of the Office of Emergency 
Planning'' in Sections 101(a), 101(b), 201(a), 201(b), 301, 304, 307, 
308, 310(b), 311(b), 312, 313, 401(b), 401(e), and 605; and, (b) 
substituting ``Director of the Federal Emergency Management Agency'' for 
``Administrator of General Services'' in Sections 305, 501, and 610.
    5-203. Section 3(d) of Executive Order No. 10582, as amended, which 
relates to determinations under the Buy American Act [41 U.S.C. 10d 
note] is amended by deleting ``Director of the Office of Emergency 
Planning'' and substituting therefor ``Director of the Federal Emergency 
Management Agency''.
    5-204. Paragraph 21 of Executive Order No. 10789, as amended [50 
U.S.C. 1431 note], is further amended by adding ``The Federal Emergency 
Management Agency'' after ``Government Printing Office''.
    5-205. Executive Order No. 11179, as amended, concerning the 
National Defense Executive Reserve [50 U.S.C. App. 2153 note], is 
further amended by deleting ``Director of the Office of Emergency 
Planning'' in Section 2 and substituting therefor ``Director of the 
Federal Emergency Management Agency''.
    5-206. Section 7 of Executive Order No. 11912, as amended, 
concerning energy policy and conservation [42 U.S.C. 6201 note], is 
further amended by deleting ``Administrator of General Services'' and 
substituting therefor ``Director of the Federal Emergency Management 
Agency''.
    5-207. Section 2(d) of Executive Order No. 11988 entitled 
``Floodplain Management'' [42 U.S.C. 4321 note] is amended by deleting 
``Federal Insurance Administration'' and substituting therefor 
``Director of the Federal Emergency Management Agency''.
    5-208. Section 5-3 of Executive Order No. 12046 of March 29, 1978 
[47 U.S.C. 305 note], is amended by deleting ``General Services 
Administration'' and substituting therefor ``Federal Emergency 
Management Agency'' and by deleting ``Administrator of General 
Services'' and substituting therefor ``Director of the Federal Emergency 
Management Agency''.
    5-209. Section 1-201 of Executive Order No. 12065 [50 U.S.C. 435 
note] is amended by adding ``The Director of the Federal Emergency 
Management Agency'' after ``The Administrator, National Aeronautics and 
Space Administration'' and by deleting ``Director, Federal Preparedness 
Agency and to the'' from the parentheses after ``The Administrator of 
General Services''.
    5-210. Section 1-102 of Executive Order No. 12075 of August 16, 1978 
[42 U.S.C. 1450 note], is amended by adding in alphabetical order ``(p) 
Federal Emergency Management Agency''.
    5-211. Section 1-102 of Executive Order No. 12083 of September 27, 
1978 [42 U.S.C. 7101 note] is amended by adding in alphabetical order 
``(z) the Director of the Federal Emergency Management Agency''.
    5-212. Section 9.11(b) of Civil Service Rule IX (5 CFR Part 9) [5 
U.S.C. 3301 note] is amended by deleting ``the Defense Civil 
Preparedness Agency and''.
    5-213. [Revoked by Ex. Ord. No. 12381, Sept. 8, 1982, 47 F.R. 
39795.]
    5-214. Executive Order No. 11490, as amended [see note above] is 
further amended as follows:
    (a) Delete the last sentence of Section 102(a) and substitute 
therefor the following: ``The activities undertaken by the departments 
and agencies pursuant to this Order, except as provided in Section 3003, 
shall be in accordance with guidance provided by, and subject to, 
evaluation by the Director of the Federal Emergency Management 
Agency.''.
    (b) Delete Section 103 entitled ``Presidential Assistance'' and 
substitute the following new Section 103: ``Sec. 103 General 
Coordination. The Director of the Federal Emergency Management Agency 
(FEMA) shall determine national preparedness goals and policies for the 
performance of functions under this Order and coordinate the performance 
of such functions with the total national preparedness programs.''.
    (c) Delete the portion of the first sentence of Section 401 prior to 
the colon and insert the following: ``The Secretary of Defense shall 
perform the following emergency preparedness functions''.
    (d) Delete ``Director of the Federal Preparedness Agency (GSA)'' or 
``the Federal Preparedness Agency (GSA)'' and substitute therefor 
``Director, FEMA'', in Sections 401(3), 401(4), 401(5), 401(9), 401(10), 
401(14), 401(15), 401(16), 401(19), 401(21), 401(22), 501(8), 601(2), 
904(2), 1102(2), 1204(2), 1401(a), 1701, 1702, 2003, 2004, 2801(5), 
3001, 3002(2), 3004, 3005, 3006, 3008, 3010, and 3013.
    (e) The number assigned to this Order shall be substituted for 
``11051 of September 27, 1962'' in Section 3001, and for ``11051'' in 
Sections 1802, 2002(3), 3002 and 3008(1).
    (f) The number assigned to this Order shall be substituted for 
``10952'' in Sections 1103, 1104, 1205, and 3002.
    (g) Delete ``Department of Defense'' in Sections 502, 601(1), 804, 
905, 1103, 1104, 1106(4), 1205, 2002(8), the first sentence of Section 
3002, and Sections 3008(1) and 3010 and substitute therefor ``Director 
of the Federal Emergency Management Agency.''.

                                 Sec. 6.

    This Order is effective July 15, 1979.
    [Section 1-106 of Ex. Ord. No. 12155, which enacted sections 4-205 
and 4-206 of Ex. Ord. No. 12148, was revoked by Pub. L. 100-180, div. C, 
title II, Sec. 3203(b), Dec. 4, 1987, 101 Stat. 1247.]

   Ex. Ord. No. 12472. Assignment of National Security and Emergency 
                Preparedness Telecommunications Functions

    Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471, provided:
    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.) [5 
U.S.C. App.], and Section 203 of Reorganization Plan No. 3 of 1978 (3 
C.F.R. 389, 1978 Comp.) [5 U.S.C. App.], and in order to provide for the 
consolidation of assignment and responsibility for improved execution of 
national security and emergency preparedness telecommunications 
functions, it is hereby ordered as follows:
    Section 1. The National Communications System. (a) There is hereby 
established the National Communications System (NCS). The NCS shall 
consist of the telecommunications assets of the entities represented on 
the NCS Committee of Principals and an administrative structure 
consisting of the Executive Agent, the NCS Committee of Principals and 
the Manager. The NCS Committee of Principals shall consist of 
representatives from those Federal departments, agencies or entities, 
designated by the President, which lease or own telecommunications 
facilities or services of significance to national security or emergency 
preparedness, and, to the extent permitted by law, other Executive 
entities which bear policy, regulatory or enforcement responsibilities 
of importance to national security or emergency preparedness 
telecommunications capabilities.
    (b) The mission of the NCS shall be to assist the President, the 
National Security Council, the Director of the Office of Science and 
Technology Policy and the Director of the Office of Management and 
Budget in:
    (1) the exercise of the telecommunications functions and 
responsibilities set forth in Section 2 of this Order; and
    (2) the coordination of the planning for and provision of national 
security and emergency preparedness communications for the Federal 
government under all circumstances, including crisis or emergency, 
attack, recovery and reconstitution.
    (c) The NCS shall seek to ensure that a national telecommunications 
infrastructure is developed which:
    (1) Is responsive to the national security and emergency 
preparedness needs of the President and the Federal departments, 
agencies and other entities, including telecommunications in support of 
national security leadership and continuity of government;
    (2) Is capable of satisfying priority telecommunications 
requirements under all circumstances through use of commercial, 
government and privately owned telecommunications resources;
    (3) Incorporates the necessary combination of hardness, redundancy, 
mobility, connectivity, interoperability, restorability and security to 
obtain, to the maximum extent practicable, the survivability of national 
security and emergency preparedness telecommunications in all 
circumstances, including conditions of crisis or emergency; and
    (4) Is consistent, to the maximum extent practicable, with other 
national telecommunications policies.
    (d) To assist in accomplishing its mission, the NCS shall:
    (1) serve as a focal point for joint industry-government national 
security and emergency preparedness telecommunications planning; and
    (2) establish a joint industry-government National Coordinating 
Center which is capable of assisting in the initiation, coordination, 
restoration and reconstitution of national security or emergency 
preparedness telecommunications services or facilities under all 
conditions of crisis or emergency.
    (e) The Secretary of Defense is designated as the Executive Agent 
for the NCS. The Executive Agent shall:
    (1) Designate the Manager of the NCS;
    (2) Ensure that the NCS conducts unified planning and operations, in 
order to coordinate the development and maintenance of an effective and 
responsive capability for meeting the domestic and international 
national security and emergency preparedness telecommunications needs of 
the Federal government;
    (3) Ensure that the activities of the NCS are conducted in 
conjunction with the emergency management activities of the Federal 
Emergency Management Agency;
    (4) Recommend, in consultation with the NCS Committee of Principals, 
to the National Security Council, the Director of the Office of Science 
and Technology Policy, or the Director of the Office of Management and 
Budget, as appropriate:
    a. The assignment of implementation or other responsibilities to NCS 
member entities;
    b. New initiatives to assist in the exercise of the functions 
specified in Section 2; and
    c. Changes in the composition or structure of the NCS;
    (5) Oversee the activities of and provide personnel and 
administrative support to the Manager of the NCS;
    (6) Provide staff support and technical assistance to the National 
Security Telecommunications Advisory Committee established by Executive 
Order No. 12382, as amended [Sept. 13, 1982, 47 F.R. 40531]; and
    (7) Perform such other duties as are from time to time assigned by 
the President or his authorized designee.
    (f) The NCS Committee of Principals shall:
    (1) Serve as the forum in which each member of the Committee may 
review, evaluate, and present views, information and recommendations 
concerning ongoing or prospective national security or emergency 
preparedness telecommunications programs or activities of the NCS and 
the entities represented on the Committee;
    (2) Serve as the forum in which each member of the Committee shall 
report on and explain ongoing or prospective telecommunications plans 
and programs developed or designed to achieve national security or 
emergency preparedness telecommunications objectives;
    (3) Provide comments or recommendations, as appropriate, to the 
National Security Council, the Director of the Office of Science and 
Technology Policy, the Director of the Office of Management and Budget, 
the Executive Agent, or the Manager of the NCS, regarding ongoing or 
prospective activities of the NCS; and
    (4) Perform such other duties as are from time to time assigned by 
the President or his authorized designee.
    (g) The Manager of the NCS shall:
    (1) Develop for consideration by the NCS Committee of Principals and 
the Executive Agent:
    a. A recommended evolutionary telecommunications architecture 
designed to meet current and future Federal government national security 
and emergency preparedness telecommunications requirements;
    b. Plans and procedures for the management, allocation and use, 
including the establishment of priorities or preferences, of Federally 
owned or leased telecommunications assets under all conditions of crisis 
or emergency;
    c. Plans, procedures and standards for minimizing or removing 
technical impediments to the interoperability of government-owned and/or 
commercially-provided telecommunications systems;
    d. Test and exercise programs and procedures for the evaluation of 
the capability of the Nation's telecommunications resources to meet 
national security or emergency preparedness telecommunications 
requirements; and
    e. Alternative mechanisms for funding, through the budget review 
process, national security or emergency preparedness telecommunications 
initiatives which benefit multiple Federal departments, agencies, or 
entities. Those mechanisms recommended by the NCS Committee of 
Principals and the Executive Agent shall be submitted to the Director of 
the Office of Management and Budget.
    (2) Implement and administer any approved plans or programs as 
assigned, including any system of priorities and preferences for the 
provision of communications service, in consultation with the NCS 
Committee of Principals and the Federal Communications Commission, to 
the extent practicable or otherwise required by law or regulation;
    (3) Chair the NCS Committee of Principals and provide staff support 
and technical assistance thereto;
    (4) Serve as a focal point for joint industry-government planning, 
including the dissemination of technical information, concerning the 
national security or emergency preparedness telecommunications 
requirements of the Federal government;
    (5) Conduct technical studies or analyses, and examine research and 
development programs, for the purpose of identifying, for consideration 
by the NCS Committee of Principals and the Executive Agent, improved 
approaches which may assist Federal entities in fulfilling national 
security or emergency preparedness telecommunications objectives;
    (6) Pursuant to the Federal Standardization Program of the General 
Services Administration, and in consultation with other appropriate 
entities of the Federal government including the NCS Committee of 
Principals, manage the Federal Telecommunications Standards Program, 
ensuring wherever feasible that existing or evolving industry, national, 
and international standards are used as the basis for Federal 
telecommunications standards; and
    (7) Provide such reports and perform such other duties as are from 
time to time assigned by the President or his authorized designee, the 
Executive Agent, or the NCS Committee of Principals. Any such 
assignments of responsibility to, or reports made by, the Manager shall 
be transmitted through the Executive Agent.
    Sec. 2. Executive Office Responsibilities. (a) Wartime Emergency 
Functions. (1) The National Security Council shall provide policy 
direction for the exercise of the war power functions of the President 
under Section 606 of the Communications Act of 1934, as amended (47 
U.S.C. 606), should the President issue implementing instructions in 
accordance with the National Emergencies Act (50 U.S.C. 1601).
    (2) The Director of the Office of Science and Technology Policy 
shall direct the exercise of the war power functions of the President 
under Section 606(a), (c)-(e), of the Communications Act of 1934, as 
amended (47 U.S.C. 606), should the President issue implementing 
instructions in accordance with the National Emergencies Act (50 U.S.C. 
1601).
    (b) Non-Wartime Emergency Functions. (1) The National Security 
Council shall:
    a. Advise and assist the President in coordinating the development 
of policy, plans, programs and standards within the Federal government 
for the identification, allocation, and use of the Nation's 
telecommunications resources by the Federal government, and by State and 
local governments, private industry and volunteer organizations upon 
request, to the extent practicable and otherwise consistent with law, 
during those crises or emergencies in which the exercise of the 
President's war power functions is not required or permitted by law; and
    b. Provide policy direction for the exercise of the President's non-
wartime emergency telecommunications functions, should the President so 
instruct.
    (2) The Director of the Office of Science and Technology Policy 
shall provide information, advice, guidance and assistance, as 
appropriate, to the President and to those Federal departments and 
agencies with responsibilities for the provision, management, or 
allocation of telecommunications resources, during those crises or 
emergencies in which the exercise of the President's war power functions 
is not required or permitted by law;
    (3) The Director of the Office of Science and Technology Policy 
shall establish a Joint Telecommunications Resources Board (JTRB) to 
assist him in the exercise of the functions specified in this 
subsection. The Director of the Office of Science and Technology Policy 
shall serve as chairman of the JTRB; select those Federal departments, 
agencies, or entities which shall be members of the JTRB; and specify 
the functions it shall perform.
    (c) Planning and Oversight Responsibilities. (1) The National 
Security Council shall advise and assist the President in:
    a. Coordinating the development of policy, plans, programs and 
standards for the mobilization and use of the Nation's commercial, 
government, and privately owned telecommunications resources, in order 
to meet national security or emergency preparedness requirements;
    b. Providing policy oversight and direction of the activities of the 
NCS; and
    c. Providing policy oversight and guidance for the execution of the 
responsibilities assigned to the Federal departments and agencies by 
this Order.
    (2) The Director of the Office of Science and Technology Policy 
shall make recommendations to the President with respect to the test, 
exercise and evaluation of the capability of existing and planned 
communications systems, networks or facilities to meet national security 
or emergency preparedness requirements and report the results of any 
such tests or evaluations and any recommended remedial actions to the 
President and to the National Security Council;
    (3) The Director of the Office of Science and Technology Policy or 
his designee shall advise and assist the President in the administration 
of a system of radio spectrum priorities for those spectrum dependent 
telecommunications resources of the Federal government which support 
national security or emergency preparedness functions. The Director also 
shall certify or approve priorities for radio spectrum use by the 
Federal government, including the resolution of any conflicts in or 
among priorities, under all conditions of crisis or emergency; and
    (4) The National Security Council, the Director of the Office of 
Science and Technology Policy and the Director of the Office of 
Management and Budget shall, in consultation with the Executive Agent 
for the NCS and the NCS Committee of Principals, determine what 
constitutes national security and emergency preparedness 
telecommunications requirements.
    (d) Consultation with Federal Departments and Agencies. In 
performing the functions assigned under this Order, the National 
Security Council and the 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 [set out 
above]; the Secretary of Commerce, with respect to responsibilities 
assigned pursuant to Executive Order No. 12046 [47 U.S.C. 305 note]; the 
Secretary of Defense, with respect to communications security 
responsibilities assigned pursuant to Executive Order No. 12333 [50 
U.S.C. 401 note]; and the Chairman of the Federal Communications 
Commission or his authorized designee; and
    (2) Establish arrangements for consultation among all interested 
Federal departments, agencies or entities to ensure that the national 
security and emergency preparedness communications needs of all Federal 
government entities are identified; that mechanisms to address such 
needs are incorporated into pertinent plans and procedures; and that 
such needs are met in a manner consistent, to the maximum extent 
practicable, with other national telecommunications policies.
    (e) Budgetary Guidelines. The Director of the Office of Management 
and Budget, in consultation with the National Security Council and the 
NCS, will prescribe general guidelines and procedures for reviewing the 
financing of the NCS within the budgetary process and for preparation of 
budget estimates by participating agencies. These guidelines and 
procedures may provide for mechanisms for funding, through the budget 
review process, national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities.
    Sec. 3. Assignment of Responsibilities to Other Departments and 
Agencies. In order to support and enhance the capability to satisfy the 
national security and emergency preparedness telecommunications needs of 
the Federal government, State and local governments, private industry 
and volunteer organizations, under all circumstances including those of 
crisis or emergency, the Federal departments and agencies shall perform 
the following functions:
    (a) Department of Commerce. The Secretary of Commerce shall, for all 
conditions of crisis or emergency: (1) Develop plans and procedures 
concerning radio spectrum assignments, priorities and allocations for 
use by Federal departments, agencies and entities; and
    (2) Develop, maintain and publish policy, plans, and procedures for 
the control and allocation of frequency assignments, including the 
authority to amend, modify or revoke such assignments, in those parts of 
the electromagnetic spectrum assigned to the Federal government.
    (b) Federal Emergency Management Agency. The Director of the Federal 
Emergency Management Agency shall:
    (1) Plan for and provide, operate and maintain telecommunications 
services and facilities, as part of its National Emergency Management 
System, adequate to support its assigned emergency management 
responsibilities;
    (2) Advise and assist State and local governments and volunteer 
organizations, upon request and to the extent consistent with law, in 
developing plans and procedures for identifying and satisfying their 
national security or emergency preparedness telecommunications 
requirements;
    (3) Ensure, to the maximum extent practicable, that national 
security and emergency preparedness telecommunications planning by State 
and local governments and volunteer organizations is mutually supportive 
and consistent with the planning of the Federal government; and
    (4) Develop, upon request and to the extent consistent with law and 
in consonance with regulations promulgated by and agreements with the 
Federal Communications Commission, plans and capabilities for, and 
provide policy and management oversight of, the Emergency Broadcast 
System, and advise and assist private radio licensees of the Commission 
in developing emergency communications plans, procedures and 
capabilities.
    (c) Department of State. The Secretary of State, in accordance with 
assigned responsibilities within the Diplomatic Telecommunications 
System, shall plan for and provide, operate and maintain rapid, reliable 
and secure telecommunications services to those Federal entities 
represented at United States diplomatic missions and consular offices 
overseas. This responsibility shall include the provision and operation 
of domestic telecommunications in support of assigned national security 
or emergency preparedness responsibilities.
    (d) Department of Defense. In addition to the other responsibilities 
assigned by this Order, the Secretary of Defense shall:
    (1) Plan for and provide, operate and maintain telecommunications 
services and facilities adequate to support the National Command 
Authorities and to execute the responsibilities assigned by Executive 
Order No. 12333 [50 U.S.C. 401 note]; and
    (2) Ensure that the Director of the National Security Agency 
provides the technical support necessary to develop and maintain plans 
adequate to provide for the security and protection of national security 
and emergency preparedness telecommunications.
    (e) Department of Justice. The Attorney General shall, as necessary, 
review for legal sufficiency, including consistency with the antitrust 
laws, all policies, plans or procedures developed pursuant to 
responsibilities assigned by this Order.
    (f) Central Intelligence Agency. The Director of Central 
Intelligence shall plan for and provide, operate, and maintain 
telecommunications services adequate to support its assigned 
responsibilities, including the dissemination of intelligence within the 
Federal government.
    (g) General Services Administration. Except as otherwise assigned by 
this Order, the Administrator of General Services, consistent with 
policy guidance provided by the Director of the Office of Management and 
Budget, shall ensure that Federally owned or managed domestic 
communications facilities and services meet the national security and 
emergency preparedness requirements of the Federal civilian departments, 
agencies and entities.
    (h) Federal Communications Commission. The Federal Communications 
Commission shall, consistent with Section 4(c) of this Order:
    (1) Review the policies, plans and procedures of all entities 
licensed or regulated by the Commission that are developed to provide 
national security or emergency preparedness communications services, in 
order to ensure that such policies, plans and procedures are consistent 
with the public interest, convenience and necessity;
    (2) Perform such functions as required by law with respect to all 
entities licensed or regulated by the Commission, including (but not 
limited to) the extension, discontinuance or reduction of common carrier 
facilities or services; the control of common carrier rates, charges, 
practices and classifications; the construction, authorization, 
activation, deactivation or closing of radio stations, services and 
facilities; the assignment of radio frequencies to Commission licensees; 
the investigation of violations of pertinent law and regulation; and the 
initiation of appropriate enforcement actions;
    (3) Develop policy, plans and procedures adequate to execute the 
responsibilities assigned in this Order under all conditions or crisis 
or emergency; and
    (4) Consult as appropriate with the Executive Agent for the NCS and 
the NCS Committee of Principals to ensure continued coordination of 
their respective national security and emergency preparedness 
activities.
    (i) All Federal departments and agencies, to the extent consistent 
with law (including those authorities and responsibilities set forth in 
Section 4(c) of this Order), shall:
    (1) Determine their national security and emergency preparedness 
telecommunications requirements, and provide information regarding such 
requirements to the Manager of the NCS;
    (2) Prepare policies, plans and procedures concerning 
telecommunications facilities, services or equipment under their 
management or operational control to maximize their capability of 
responding to the national security or emergency preparedness needs of 
the Federal government;
    (3) Provide, after consultation with the Director of the Office of 
Management and Budget, resources to support their respective 
requirements for national security and emergency preparedness 
telecommunications; and provide personnel and staff support to the 
Manager of the NCS as required by the President;
    (4) Make information available to, and consult with, the Manager of 
the NCS regarding agency telecommunications activities in support of 
national security or emergency preparedness;
    (5) Consult, consistent with the provisions of Executive Order No. 
12046, as amended [47 U.S.C. 305 note], and in conjunction with the 
Manager of the NCS, with the Federal Communications Commission regarding 
execution of responsibilities assigned by this Order;
    (6) Submit reports annually, or as otherwise requested, to the 
Manager of the NCS, regarding agency national security or emergency 
preparedness telecommunications activities; and
    (7) Cooperate with and assist the Executive Agent for the NCS, the 
NCS Committee of Principals, the Manager of the NCS, and other 
departments and agencies in the execution of the functions set forth in 
this Order, furnishing them such information, support and assistance as 
may be required.
    (j) Each Federal department or agency shall execute the 
responsibilities assigned by this Order in conjunction with the 
emergency management activities of the Federal Emergency Management 
Agency, and in regular consultation with the Executive Agent for the NCS 
and the NCS Committee of Principals to ensure continued coordination of 
NCS and individual agency telecommunications activities.
    Sec. 4. General Provisions. (a) All Executive departments and 
agencies may issue such rules and regulations as may be necessary to 
carry out the functions assigned under this Order.
    (b) In order to reflect the assignments of responsibility provided 
by this Order,
    (1) Sections 2-414, 4-102, 4-103, 4-202, 4-302, 5-3, and 6-101 of 
Executive Order No. 12046, as amended [47 U.S.C. 305], are revoked;
    (2) The Presidential Memorandum of August 21, 1963, as amended, 
entitled ``Establishment of the National Communications System'', is 
hereby superseded; and
    (3) Section 2-411 of Executive Order No. 12046, as amended [47 
U.S.C. 305], is further amended by deleting the period and inserting ``, 
except as otherwise provided by Executive Order No.'' and inserting the 
number assigned to this Order.
    (c) Nothing in this Order shall be deemed to affect the authorities 
or responsibilities of the Director of the Office of Management and 
Budget, or any Office or official thereof; or reassign any function 
assigned any agency under the Federal Property and Administrative 
Services Act of 1949, as amended; or under any other law; or any 
function vested by law in the Federal Communications Commission.
    Sec. 5. This Order shall be effective upon publication in the 
Federal Register.
                                                          Ronald Reagan.

        Ex. Ord. No. 12656. Assignment of Emergency Preparedness 
                            Responsibilities

    Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, as amended by Ex. 
Ord. No. 13074, Feb. 9, 1998, 63 F.R. 7277, provided:
    WHEREAS our national security is dependent upon our ability to 
assure continuity of government, at every level, in any national 
security emergency situation that might confront the Nation; and
    WHEREAS effective national preparedness planning to meet such an 
emergency, including a massive nuclear attack, is essential to our 
national survival; and
    WHEREAS effective national preparedness planning requires the 
identification of functions that would have to be performed during such 
an emergency, the assignment of responsibility for developing plans for 
performing these functions, and the assignment of responsibility for 
developing the capability to implement those plans; and
    WHEREAS the Congress has directed the development of such national 
security emergency preparedness plans and has provided funds for the 
accomplishment thereof;
    NOW, THEREFORE, by virtue of the authority vested in me as President 
by the Constitution and laws of the United States of America, and 
pursuant to Reorganization Plan No. 1 of 1958 (72 Stat. 1799) [set out 
above], the National Security Act of 1947, as amended [50 U.S.C. 401 et 
seq.], the Defense Production Act of 1950, as amended [see 50 U.S.C. 
App. 2061], and the Federal Civil Defense Act, as amended, it is hereby 
ordered that the responsibilities of the Federal departments and 
agencies in national security emergencies shall be as follows:

                            PART 1--Preamble

    Section 101. National Security Emergency Preparedness Policy.
    (a) The policy of the United States is to have sufficient 
capabilities at all levels of government to meet essential defense and 
civilian needs during any national security emergency. A national 
security emergency is any occurrence, including natural disaster, 
military attack, technological emergency, or other emergency, that 
seriously degrades or seriously threatens the national security of the 
United States. Policy for national security emergency preparedness shall 
be established by the President. Pursuant to the President's direction, 
the National Security Council shall be responsible for developing and 
administering such policy. All national security emergency preparedness 
activities shall be consistent with the Constitution and laws of the 
United States and with preservation of the constitutional government of 
the United States.
    (b) Effective national security emergency preparedness planning 
requires: identification of functions that would have to be performed 
during such an emergency; development of plans for performing these 
functions; and development of the capability to execute those plans.
    Sec. 102. Purpose.
    (a) The purpose of this Order is to assign national security 
emergency preparedness responsibilities to Federal departments and 
agencies. These assignments are based, whenever possible, on extensions 
of the regular missions of the departments and agencies.
    (b) This Order does not constitute authority to implement the plans 
prepared pursuant to this Order. Plans so developed may be executed only 
in the event that authority for such execution is authorized by law.
    Sec. 103. Scope.
    (a) This Order addresses national security emergency preparedness 
functions and activities. As used in this Order, preparedness functions 
and activities include, as appropriate, policies, plans, procedures, and 
readiness measures that enhance the ability of the United States 
Government to mobilize for, respond to, and recover from a national 
security emergency.
    (b) This Order does not apply to those natural disasters, 
technological emergencies, or other emergencies, the alleviation of 
which is normally the responsibility of individuals, the private sector, 
volunteer organizations, State and local governments, and Federal 
departments and agencies unless such situations also constitute a 
national security emergency.
    (c) This Order does not require the provision of information 
concerning, or evaluation of, military policies, plans, programs, or 
states of military readiness.
    (d) This Order does not apply to national security emergency 
preparedness telecommunications functions and responsibilities that are 
otherwise assigned by Executive Order 12472 [set out above].
    Sec. 104. Management of National Security Emergency Preparedness.
    (a) The National Security Council is the principal forum for 
consideration of national security emergency preparedness policy.
    (b) The National Security Council shall arrange for Executive branch 
liaison with, and assistance to, the Congress and the Federal judiciary 
on national security-emergency preparedness matters.
    (c) The Director of the Federal Emergency Management Agency shall 
serve as an advisor to the National Security Council on issues of 
national security emergency preparedness, including mobilization 
preparedness, civil defense, continuity of government, technological 
disasters, and other issues, as appropriate. Pursuant to such procedures 
for the organization and management of the National Security Council 
process as the President may establish, the Director of the Federal 
Emergency Management Agency also shall assist in the implementation of 
and management of the National Security Council process as the President 
may establish, the Director of the Federal Emergency Management Agency 
also shall assist in the implementation of national security emergency 
preparedness policy by coordinating with the other Federal departments 
and agencies and with State and local governments, and by providing 
periodic reports to the National Security Council on implementation of 
national security emergency preparedness policy.
    (d) National security emergency preparedness functions that are 
shared by more than one agency shall be coordinated by the head of the 
Federal department or agency having primary responsibility and shall be 
supported by the heads of other departments and agencies having related 
responsibilities.
    (e) There shall be a national security emergency exercise program 
that shall be supported by the heads of all appropriate Federal 
departments and agencies.
    (f) Plans and procedures will be designed and developed to provide 
maximum flexibility to the President for his implementation of emergency 
actions.
    Sec. 105. Interagency Coordination.
    (a) All appropriate Cabinet members and agency heads shall be 
consulted regarding national security emergency preparedness programs 
and policy issues. Each department and agency shall support interagency 
coordination to improve preparedness and response to a national security 
emergency and shall develop and maintain decentralized capabilities 
wherever feasible and appropriate.
    (b) Each Federal department and agency shall work within the 
framework established by, and cooperate with those organizations 
assigned responsibility in, Executive Order No. 12472 [set out above], 
to ensure adequate national security emergency preparedness 
telecommunications in support of the functions and activities addressed 
by this Order.

                       PART 2--General Provisions

    Sec. 201. General. The head of each Federal department and agency, 
as appropriate, shall:
    (1) Be prepared to respond adequately to all national security 
emergencies, including those that are international in scope, and those 
that may occur within any region of the Nation;
    (2) Consider national security emergency preparedness factors in the 
conduct of his or her regular functions, particularly those functions 
essential in time of emergency. Emergency plans and programs, and an 
appropriate state of readiness, including organizational infrastructure, 
shall be developed as an integral part of the continuing activities of 
each Federal department and agency;
    (3) Appoint a senior policy official as Emergency Coordinator, 
responsible for developing and maintaining a multi-year, national 
security emergency preparedness plan for the department or agency to 
include objectives, programs, and budgetary requirements;
    (4) Design preparedness measures to permit a rapid and effective 
transition from routine to emergency operations, and to make effective 
use of the period following initial indication of a probable national 
security emergency. This will include:
    (a) Development of a system of emergency actions that defines 
alternatives, processes, and issues to be considered during various 
stages of national security emergencies;
    (b) Identification of actions that could be taken in the early 
stages of a national security emergency or pending national security 
emergency to mitigate the impact of or reduce significantly the lead 
times associated with full emergency action implementation;
    (5) Base national security emergency preparedness measures on the 
use of existing authorities, organizations, resources, and systems to 
the maximum extent practicable;
    (6) Identify areas where additional legal authorities may be needed 
to assist management and, consistent with applicable Executive orders, 
take appropriate measures toward acquiring those authorities;
    (7) Make policy recommendations to the national Security Council 
regarding national security emergency preparedness activities and 
functions of the Federal Government;
    (8) Coordinate with State and local government agencies and other 
organizations, including private sector organizations, when appropriate. 
Federal plans should include appropriate involvement of and reliance 
upon private sector organizations in the response to national security 
emergencies;
    (9) Assist State, local, and private sector entities in developing 
plans for mitigating the effects of national security emergencies and 
for providing services that are essential to a national response;
    (10) Cooperate, to the extent appropriate, in compiling, evaluating, 
and exchanging relevant data related to all aspects of national security 
emergency preparedness;
    (11) Develop programs regarding congressional relations and public 
information that could be used during national security emergencies;
    (12) Ensure a capability to provide, during a national security 
emergency, information concerning Acts of Congress, presidential 
proclamations, Executive orders, regulations, and notices of other 
actions to the Archivist of the United States, for publication in the 
Federal Register, or to each agency designated to maintain the Federal 
Register in an emergency;
    (13) Develop and conduct training and education programs that 
incorporate emergency preparedness and civil defense information 
necessary to ensure an effective national response;
    (14) Ensure that plans consider the consequences for essential 
services provided by State and local governments, and by the private 
sector, if the flow of Federal funds is disrupted;
    (15) Consult and coordinate with the Director of the Federal 
Emergency Management Agency to ensure that those activities and plans 
are consistent with current National Security Council guidelines and 
policies.
    Sec. 202. Continuity of Government. The head of each Federal 
department and agency shall ensure the continuity of essential functions 
in any national security emergency by providing for: succession to 
office and emergency delegation of authority in accordance with 
applicable law; safekeeping of essential resources, facilities, and 
records; and establishment of emergency operating capabilities.
    Sec. 203. Resource Management. The head of each Federal department 
and agency, as appropriate within assigned areas of responsibility, 
shall:
    (1) Develop plans and programs to mobilize personnel (including 
reservist programs), equipment, facilities, and other resources;
    (2) Assess essential emergency requirements and plan for the 
possible use of alternative resources to meet essential demands during 
and following national security emergencies;
    (3) Prepare plans and procedures to share between and among the 
responsible agencies resources such as energy, equipment, food, land, 
materials, minerals, services, supplies, transportation, water, and 
workforce needed to carry out assigned responsibilities and other 
essential functions, and cooperate with other agencies in developing 
programs to ensure availability of such resources in a national security 
emergency;
    (4) Develop plans to set priorities and allocate resources among 
civilian and military claimants;
    (5) identify occupations and skills for which there may be a 
critical need in the event of a national security emergency.
    Sec. 204. Protection of Essential Resources and Facilities. The head 
of each Federal department and agency, within assigned areas of 
responsibility, shall:
    (1) Identify facilities and resources, both government and private, 
essential to the national defense and national welfare, and assess their 
vulnerabilities and develop strategies, plans, and programs to provide 
for the security of such facilities and resources, and to avoid or 
minimize disruptions of essential services during any national security 
emergency;
    (2) Participate in interagency activities to assess the relative 
importance of various facilities and resources to essential military and 
civilian needs and to integrate preparedness and response strategies and 
procedures;
    (3) Maintain a capability to assess promptly the effect of attack 
and other disruptions during national security emergencies.
    Sec. 205. Federal Benefit, Insurance, and Loan Programs. The head of 
each Federal department and agency that administers a loan, insurance, 
or benefit program that relies upon the Federal Government payment 
system shall coordinate with the Secretary of the Treasury in developing 
plans for the continuation or restoration, to the extent feasible, of 
such programs in national security emergencies.
    Sec. 206. Research. The Director of the Office of Science and 
Technology Policy and the heads of Federal departments and agencies 
having significant research and development programs shall advise the 
National Security Council of scientific and technological developments 
that should be considered in national security emergency preparedness 
planning.
    Sec. 207. Redelegation. The head of each Federal department and 
agency is hereby authorized, to the extent otherwise permitted by law, 
to redelegate the functions assigned by this Order, and to authorize 
successive redelegations to organizations, officers, or employees within 
that department or agency.
    Sec. 208. Transfer of Functions. Recommendations for interagency 
transfer of any emergency preparedness function assigned under this 
Order or for assignment of any new emergency preparedness function shall 
be coordinated with all affected Federal departments and agencies before 
submission to the National Security Council.
    Sec. 209. Retention of Existing Authority. Nothing in this Order 
shall be deemed to derogate from assignments of functions to any Federal 
department or agency or officer thereof made by law.

                    PART 3--Department of Agriculture

    Sec. 301. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of Agriculture 
shall:
    (1) Develop plans to provide for the continuation of agriculture 
production, food processing, storage, and distribution through the 
wholesale level in national security emergencies, and to provide for the 
domestic distribution of seed, feed, fertilizer, and farm equipment to 
agricultural producers;
    (2) Develop plans to provide food and agricultural products to meet 
international responsibilities in national security emergencies;
    (3) Develop plans and procedures for administration and use of 
Commodity Credit Corporation inventories of food and fiber resources in 
national security emergencies;
    (4) Develop plans for the use of resources under the jurisdiction of 
the Secretary of Agriculture and, in cooperation with the Secretaries of 
Commerce, Defense, and the Interior, the Board of Directors of the 
Tennessee Valley Authority, and the heads of other government entities, 
plan for the national security emergency management, production, and 
processing of forest products;
    (5) Develop, in coordination with the Secretary of Defense, plans 
and programs for water to be used in agricultural production and food 
processing in national security emergencies;
    (6) In cooperation with Federal, State, and local agencies, develop 
plans for a national program relating to the prevention and control of 
fires in rural areas of the United States caused by the effects of enemy 
attack or other national security emergencies;
    (7) Develop plans to help provide the Nation's farmers with 
production resources, including national security emergency financing 
capabilities;
    (8) Develop plans, in consonance with those of the Department of 
Health and Human Services, the Department of the Interior, and the 
Environmental Protection Agency, for national security emergency 
agricultural health services and forestry, including:
    (a) Diagnosis and control or eradication of diseases, pests, or 
hazardous agents (biological, chemical, or radiological) against 
animals, crops, timber, or products thereof;
    (b) Protection, treatment, and handling of livestock and poultry, or 
products thereof, that have been exposed to or affected by hazardous 
agents;
    (c) Use and handling of crops, agricultural commodities, timber, and 
agricultural lands that have been exposed to or affected by hazardous 
agents; and
    (d) Assuring the safety and wholesomeness, and minimizing losses 
from hazards, of animals and animal products and agricultural 
commodities and products subject to continuous inspection by the 
Department of Agriculture or owned by the Commodity Credit Corporation 
or by the Department of Agriculture;
    (9) In consultation with the Secretary of State and the Director of 
the Federal Emergency Management Agency, represent the United States in 
agriculture-related international civil emergency preparedness planning 
and related activities.
    Sec. 302. Support Responsibility. The Secretary of Agriculture shall 
assist the Secretary of Defense in formulating and carrying out plans 
for stockpiling strategic and critical agricultural materials.

                     PART 4--Department of Commerce

    Sec. 401. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of Commerce 
shall:
    (1) Develop control systems for priorities, allocation, production, 
and distribution of materials and other resources that will be available 
to support both national defense and essential civilian programs in a 
national security emergency;
    (2) In cooperation with the Secretary of Defense and other 
departments and agencies, identify those industrial products and 
facilities that are essential to mobilization readiness, national 
defense, or post-attack survival and recovery;
    (3) In cooperation with the Secretary of Defense and other Federal 
departments and agencies, analyze potential effects of national security 
emergencies on actual production capability, taking into account the 
entire production complex, including shortages of resources, and develop 
preparedness measures to strengthen capabilities for production 
increases in national security emergencies;
    (4) In cooperation with the Secretary of Defense, perform industry 
analyses to assess capabilities of the commercial industrial base to 
support the national defense, and develop policy alternatives to improve 
the international competitiveness of specific domestic industries and 
their abilities to meet defense program needs;
    (5) In cooperation with the Secretary of the Treasury, develop plans 
for providing emergency assistance to the private sector through direct 
or participation loans for the financing of production facilities and 
equipment;
    (6) In cooperation with the Secretaries of State, Defense, 
Transportation, and the Treasury, prepare plans to regulate and control 
exports and imports in national security emergencies;
    (7) Provide for the collection and reporting of census information 
on human and economic resources, and maintain a capability to conduct 
emergency surveys to provide information on the status of these 
resources as required for national security purposes;
    (8) Develop overall plans and programs to ensure that the fishing 
industry continues to produce and process essential protein in national 
security emergencies;
    (9) Develop plans to provide meteorological, hydrologic, marine 
weather, geodetic, hydrographic, climatic, seismic, and oceanographic 
data and services to Federal, State, and local agencies, as appropriate;
    (10) In coordination with the Secretary of State and the Director of 
the Federal Emergency Management Agency, represent the United States in 
industry-related international (NATO and allied) civil emergency 
preparedness planning and related activities.
    Sec. 402. Support Responsibilities. The Secretary of Commerce shall:
    (1) Assist the Secretary of Defense in formulating and carrying out 
plans for stockpiling strategic and critical materials;
    (2) Support the Secretary of Agriculture in planning for the 
national security management, production, and processing of forest and 
fishery products;
    (3) Assist, in consultation with the Secretaries of State and 
Defense, the Secretary of the Treasury in the formulation and execution 
of economic measures affecting other nations.

                      PART 5--Department of Defense

    Sec. 501. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of Defense 
shall:
    (1) Ensure military preparedness and readiness to respond to 
national security emergencies;
    (2) In coordination with the Secretary of Commerce, develop, with 
industry, government, and the private sector, reliable capabilities for 
the rapid increase of defense production to include industrial resources 
required for that production;
    (3) Develop and maintain, in cooperation with the heads of other 
departments and agencies, national security emergency plans, programs, 
and mechanisms to ensure effective mutual support between and among the 
military, civil government, and the private sector;
    (4) Develop and maintain damage assessment capabilities and assist 
the Director of the Federal Emergency Management Agency and the heads of 
other departments and agencies in developing and maintaining 
capabilities to assess attack damage and to estimate the effects of 
potential attack on the Nation;
    (5) Arrange, through agreements with the heads of other Federal 
departments and agencies, for the transfer of certain Federal resources 
to the jurisdiction and/or operational control of the Department of 
Defense in national security emergencies;
    (6) Acting through the Secretary of the Army, develop, with the 
concurrence of the heads of all affected departments and agencies, 
overall plans for the management, control, and allocation of all usable 
waters from all sources within the jurisdiction of the United States. 
This includes:
    (a) Coordination of national security emergency water resource 
planning at the national, regional, State, and local levels;
    (b) Development of plans to assure emergency provision of water from 
public works projects under the jurisdiction of the Secretary of the 
Army to public water supply utilities and critical defense production 
facilities during national security emergencies;
    (c) Development of plans to assure emergency operation of waterways 
and harbors; and
    (d) Development of plans to assure the provision of potable water;
    (7) In consultation with the Secretaries of State and Energy, the 
Director of the Federal Emergency Management Agency, and others, as 
required, develop plans and capabilities for identifying, analyzing, 
mitigating, and responding to hazards related to nuclear weapons, 
materials, and devices; and maintain liaison, as appropriate, with the 
Secretary of Energy and the Members of the Nuclear Regulatory Commission 
to ensure the continuity of nuclear weapons production and the 
appropriate allocation of scarce resources, including the recapture of 
special nuclear materials from Nuclear Regulatory Commission licensees 
when appropriate;
    (8) Coordinate with the Administrator of the National Aeronautics 
and Space Adminstration [sic] and the Secretary of Energy, as 
appropriate, to prepare for the use, maintenance, and development of 
technologically advanced aerospace and aeronautical-related systems, 
equipment, and methodologies applicable to national security 
emergencies;
    (9) Develop, in coordination with the Secretary of Labor, the 
Directors of the Selective Service System, the Office of Personnel 
Management, and the Federal Emergency Management Agency, plans and 
systems to ensure that the Nation's human resources are available to 
meet essential military and civilian needs in national security 
emergencies;
    (10) Develop national security emergency operational procedures, and 
coordinate with the Secretary of Housing and Urban Development with 
respect to residential property, for the control, acquisition, leasing, 
assignment and priority of occupancy of real property within the 
jurisdiction of the Department of Defense;
    (11) Review the priorities and allocations systems developed by 
other departments and agencies to ensure that they meet Department of 
Defense needs in a national security emergency; and develop and maintain 
the Department of Defense programs necessary for effective utilization 
of all priorities and allocations systems;
    (12) Develop, in coordination with the Attorney General of the 
United States, specific procedures by which military assistance to 
civilian law enforcement authorities may be requested, considered, and 
provided;
    (13) In cooperation with the Secretary of Commerce and other 
departments and agencies, identify those industrial products and 
facilities that are essential to mobilization readiness, national 
defense, or post-attack survival and recovery;
    (14) In cooperation with the Secretary of Commerce and other Federal 
departments and agencies, analyze potential effects of national security 
emergencies on actual production capability, taking into account the 
entire production complex, including shortages of resources, and develop 
preparedness measures to strengthen capabilities for production 
increases in national security emergencies;
    (15) With the assistance of the heads of other Federal departments 
and agencies, provide management direction for the stockpiling of 
strategic and critical materials, conduct storage, maintenance, and 
quality assurance operations for the stockpile of strategic and critical 
materials, and formulate plans, programs, and reports relating to the 
stockpiling of strategic and critical materials.[;]
    (16) Subject to the direction of the President, and pursuant to 
procedures to be developed jointly by the Secretary of Defense and the 
Secretary of State, be responsible for the deployment and use of 
military forces for the protection of United States citizens and 
nationals and, in connection therewith, designated other persons or 
categories of persons, in support of their evacuation from threatened 
areas overseas.
    Sec. 502. Support Responsibilities. The Secretary of Defense shall:
    (1) Advise and assist the heads of other Federal departments and 
agencies in the development of plans and programs to support national 
mobilization. This includes providing, as appropriate:
    (a) Military requirements, prioritized and time-phased to the extent 
possible, for selected end-items and supporting services, materials, and 
components;
    (b) Recommendations for use of financial incentives and other 
methods to improve defense production as provided by law; and
    (c) Recommendations for export and import policies;
    (2) Advise and assist the Secretary of State and the heads of other 
Federal departments and agencies, as appropriate, in planning for the 
protection, evacuation, and repatriation of United States citizens in 
threatened areas overseas;
    (3) Support the Secretary of Housing and Urban Development and the 
heads of other agencies, as appropriate, in the development of plans to 
restore community facilities;
    (4) Support the Secretary of Energy in international liaison 
activities pertaining to nuclear materials facilities;
    (5) In consultation with the Secretaries of State and Commerce, 
assist the Secretary of the Treasury in the formulation and execution of 
economic measures that affect other nations;
    (6) Support the Secretary of State and the heads of other Federal 
departments and agencies as appropriate in the formulation and 
implementation of foreign policy, and the negotiation of contingency and 
post-emergency plans, intergovernmental agreements, and arrangements 
with allies and friendly nations, which affect national security;
    (7) Coordinate with the Director of the Federal Emergency Management 
Agency the development of plans for mutual civil-military support during 
national security emergencies;
    (8) Develop plans to support the Secretary of Labor in providing 
education and training to overcome shortages of critical skills.

                     PART 6--Department of Education

    Sec. 601. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of Education 
shall:
    (1) Assist school systems in developing their plans to provide for 
the earliest possible resumption of activities following national 
security emergencies;
    (2) Develop plans to provide assistance, including efforts to meet 
shortages of critical educational personnel, to local educational 
agencies;
    (3) Develop plans, in coordination with the Director of the Federal 
Emergency Management Agency, for dissemination of emergency preparedness 
instructional material through educational institutions and the media 
during national security emergencies.
    Sec. 602. Support Responsibilities. The Secretary of Education 
shall:
    (1) Develop plans to support the Secretary of Labor in providing 
education and training to overcome shortages of critical skills;
    (2) Support the Secretary of Health and Human Services in the 
development of human services educational and training materials, 
including self-help program materials for use by human service 
organizations and professional schools.

                      PART 7--Department of Energy

    Sec. 701. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of Energy 
shall:
    (1) Conduct national security emergency preparedness planning, 
including capabilities development, and administer operational programs 
for all energy resources, including:
    (a) Providing information, in cooperation with Federal, State, and 
energy industry officials, on energy supply and demand conditions and on 
the requirements for and the availability of materials and services 
critical to energy supply systems;
    (b) In coordination with appropriate departments and agencies and in 
consultations with the energy industry, develop implementation plans and 
operational systems for priorities and allocation of all energy resource 
requirements for national defense and essential civilian needs to assure 
national security emergency preparedness;
    (c) Developing, in consultation with the Board of Directors of the 
Tennessee Valley Authority, plans necessary for the integration of its 
power system into the national supply system;
    (2) Identify energy facilities essential to the mobilization, 
deployment, and sustainment of resources to support the national 
security and national welfare, and develop energy supply and demand 
strategies to ensure continued provision of minimum essential services 
in national security emergencies;
    (3) In coordination with the Secretary of Defense, ensure continuity 
of nuclear weapons production consistent with national security 
requirements;
    (4) Assure the security of nuclear materials, nuclear weapons, or 
devices in the custody of the Department of Energy, as well as the 
security of all other Department of Energy programs and facilities;
    (5) In consultation with the Secretaries of State and Defense and 
the Director of the Federal Emergency Management Agency, conduct 
appropriate international liaison activities pertaining to matters 
within the jurisdiction of the Department of Energy;
    (6) In consultation with the Secretaries of State and Defense, the 
Director of the Federal Emergency Management Agency, the Members of the 
Nuclear Regulatory Commission, and others, as required, develop plans 
and capabilities for identification, analysis, damage assessment, and 
mitigation of hazards from nuclear weapons, materials, and devices;
    (7) Coordinate with the Secretary of Transportation in the planning 
and management of transportation resources involved in the bulk movement 
of energy;
    (8) At the request of or with the concurrence of the Nuclear 
Regulatory Commission and in consultation with the Secretary of Defense, 
recapture special nuclear materials from Nuclear Regulatory Commission 
licensees where necessary to assure the use, preservation, or 
safeguarding of such material for the common defense and security;
    (9) Develop national security emergency operational procedures for 
the control, utilization, acquisition, leasing, assignment, and priority 
of occupancy of real property within the jurisdiction of the Department 
of Energy;
    (10) Manage all emergency planning and response activities 
pertaining to Department of Energy nuclear facilities.
    Sec. 702. Support Responsibilities. The Secretary of Energy shall:
    (1) Provide advice and assistance, in coordination with appropriate 
agencies, to Federal, State, and local officials and private sector 
organizations to assess the radiological impact associated with national 
security emergencies;
    (2) Coordinate with the Secretaries of Defense and the Interior 
regarding the operation of hydroelectric projects to assure maximum 
energy output;
    (3) Support the Secretary of Housing and Urban Development and the 
heads of other agencies, as appropriate, in the development of plans to 
restore community facilities;
    (4) Coordinate with the Secretary of Agriculture regarding the 
emergency preparedness of the rural electric supply systems throughout 
the Nation and the assignment of emergency preparedness responsibilities 
to the Rural Electrification Administration.

             PART 8--Department of Health and Human Services

    Sec. 801. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of Health and 
Human Services shall:
    (1) Develop national plans and programs to mobilize the health 
industry and health resources for the provision of health, mental 
health, and medical services in national security emergencies;
    (2) Promote the development of State and local plans and programs 
for provision of health, mental health, and medical services in national 
security emergencies;
    (3) Develop national plans to set priorities and allocate health, 
mental health, and medical services' resources among civilian and 
military claimants;
    (4) Develop health and medical survival information programs and a 
nationwide program to train health and mental health professionals and 
paraprofessionals in special knowledge and skills that would be useful 
in national security emergencies;
    (5) Develop programs to reduce or eliminate adverse health and 
mental health effects produced by hazardous agents (biological, 
chemical, or radiological), and, in coordination with appropriate 
Federal agencies, develop programs to minimize property and 
environmental damage associated with national security emergencies;
    (6) Develop guidelines that will assure reasonable and prudent 
standards of purity and/or safety in the manufacture and distribution of 
food, drugs, biological products, medical devices, food additives, and 
radiological products in national security emergencies;
    (7) Develop national plans for assisting State and local governments 
in rehabilitation of persons injured or disabled during national 
security emergencies;
    (8) Develop plans and procedures to assist State and local 
governments in the provision of emergency human services, including 
lodging, feeding, clothing, registration and inquiry, social services, 
family reunification and mortuary services and interment;
    (9) Develop, in coordination with the Secretary of Education, human 
services educational and training materials for use by human service 
organizations and professional schools; and develop and distribute, in 
coordination with the Director of the Federal Emergency Management 
Agency, civil defense information relative to emergency human services;
    (10) Develop plans and procedures, in coordination with the heads of 
Federal departments and agencies, for assistance to United States 
citizens or others evacuated from overseas areas.
    Sec. 802. Support Responsibility. The Secretary of Health and Human 
Services shall support the Secretary of Agriculture in the development 
of plans related to national security emergency agricultural health 
services.

           PART 9--Department of Housing and Urban Development

    Sec. 901. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of Housing and 
Urban Development shall:
    (1) Develop plans for provision and management of housing in 
national security emergencies, including:
    (a) Providing temporary housing using Federal financing and other 
arrangements;
    (b) Providing for radiation protection by encouraging voluntary 
construction of shelters and voluntary use of cost-efficient design and 
construction techniques to maximize population protection;
    (2) Develop plans, in cooperation with the heads of other Federal 
departments and agencies and State and local governments, to restore 
community facilities, including electrical power, potable water, and 
sewage disposal facilities, damaged in national security emergencies.

                   PART 10--Department of the Interior

    Sec. 1001. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of the Interior 
shall:
    (1) Develop programs and encourage the exploration, development, and 
mining of strategic and critical and other nonfuel minerals for national 
security emergency purposes;
    (2) Provide guidance to mining industries in the development of 
plans and programs to ensure continuity of production during national 
security emergencies;
    (3) Develop and implement plans for the management, control, 
allocation, and use of public land under the jurisdiction of the 
Department of the Interior in national security emergencies and 
coordinate land emergency planning at the Federal, State, and local 
levels.
    Sec. 1002. Support Responsibilities. The Secretary of the Interior 
shall:
    (1) Assist the Secretary of Defense in formulating and carrying out 
plans for stockpiling strategic and critical minerals;
    (2) Cooperate with the Secretary of Commerce in the identification 
and evaluation of facilities essential for national security 
emergencies;
    (3) Support the Secretary of Agriculture in planning for the 
national security management, production, and processing of forest 
products.

                     PART 11--Department of Justice

    Sec. 1101. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Attorney General of the 
United States shall:
    (1) Provide legal advice to the President and the heads of Federal 
departments and agencies and their successors regarding national 
security emergency powers, plans, and authorities;
    (2) Coordinate Federal Government domestic law enforcement 
activities related to national security emergency preparedness, 
including Federal law enforcement liaison with, and assistance to, State 
and local governments;
    (3) Coordinate contingency planning for national security emergency 
law enforcement activities that are beyond the capabilities of State and 
local agencies;
    (4) Develop national security emergency plans for regulation of 
immigration, regulation of nationals of enemy countries, and plans to 
implement laws for the control of persons entering or leaving the United 
States;
    (5) Develop plans and procedures for the custody and protection of 
prisoners and the use of Federal penal and correctional institutions and 
resources during national security emergencies;
    (6) Provide information and assistance to the Federal Judicial 
branch and the Federal Legislative branch concerning law enforcement, 
continuity of government, and the exercise of legal authority during 
national security emergencies;
    (7) Develop intergovernmental and interagency law enforcement plans 
and counterterrorism programs to interdict and respond to terrorism 
incidents in the United States that may result in a national security 
emergency or that occur during such an emergency;
    (8) Develop intergovernmental and interagency law enforcement plans 
to respond to civil disturbances that may result in a national security 
emergency or that occur during such an emergency.
    Sec. 1102. Support Responsibilities. The Attorney General of the 
United States shall:
    (1) Assist the heads of Federal departments and agencies, State and 
local governments, and the private sector in the development of plans to 
physically protect essential resources and facilities;
    (2) Support the Secretaries of State and the Treasury in plans for 
the protection of international organizations and foreign diplomatic, 
consular, and other official personnel, property, and other assets 
within the jurisdiction of the United States;
    (3) Support the Secretary of the Treasury in developing plans to 
control the movement of property entering and leaving the United States;
    (4) Support the heads of other Federal departments and agencies and 
State and local governments in developing programs and plans for 
identifying fatalities and reuniting families in national security 
emergencies;
    (5) Support the intelligence community in the planning of its 
counterintelligence and counterterrorism programs.

                      PART 12--Department of Labor

    Sec. 1201. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of Labor shall:
    (1) Develop plans and issue guidance to ensure effective use of 
civilian workforce resources during national security emergencies. Such 
plans shall include, but not necessarily be limited to:
    (a) Priorities and allocations, recruitment, referral, training, 
employment stabilization including appeals procedures, use assessment, 
and determination of critical skill categories; and
    (b) Programs for increasing the availability of critical workforce 
skills and occupations;
    (2) In consultation with the Secretary of the Treasury, develop 
plans and procedures for wage, salary, and benefit costs stabilization 
during national security emergencies;
    (3) Develop plans and procedures for protecting and providing 
incentives for the civilian labor force during national security 
emergencies;
    (4) In consultation with other appropriate government agencies and 
private entities, develop plans and procedures for effective labor-
management relations during national security emergencies.
    Sec. 1202. Support Responsibilities. The Secretary of Labor shall:
    (1) Support planning by the Secretary of Defense and the private 
sector for the provision of human resources to critical defense 
industries during national security emergencies;
    (2) Support planning by the Secretary of Defense and the Director of 
Selective Service for the institution of conscription in national 
security emergencies.

                      PART 13--Department of State

    Sec. 1301. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of State shall:
    (1) Provide overall foreign policy coordination in the formulation 
and execution of continuity of government and other national security 
emergency preparedness activities that affect foreign relations;
    (2) Prepare to carry out Department of State responsibilities in the 
conduct of the foreign relations of the United States during national 
security emergencies, under the direction of the President and in 
consultation with the heads of other appropriate Federal departments and 
agencies, including, but not limited to:
    (a) Formulation and implementation of foreign policy and negotiation 
regarding contingency and post-emergency plans, intergovernmental 
agreements, and arrangements with United States' allies;
    (b) Formulation, negotiation, and execution of policy affecting the 
relationships of the United States with neutral states;
    (c) Formulation and execution of political strategy toward hostile 
or enemy states;
    (d) Conduct of mutual assistance activities;
    (e) Provision of foreign assistance, including continuous 
supervision and general direction of authorized economic and military 
assistance programs;
    (f) Protection or evacuation of United States citizens and nationals 
abroad and safeguarding their property abroad, in consultation with the 
Secretaries of Defense and Health and Human Services;
    (g) Protection of international organizations and foreign 
diplomatic, consular, and other official personnel and property, or 
other assets, in the United States, in coordination with the Attorney 
General and the Secretary of the Treasury;
    (h) Formulation of policies and provisions for assistance to 
displaced persons and refugees abroad;
    (i) Maintenance of diplomatic and consular representation abroad; 
and
    (j) Reporting of and advising on conditions overseas that bear upon 
national security emergencies.
    Sec. 1302. Support Responsibilities. The Secretary of State shall:
    (1) Assist appropriate agencies in developing planning assumptions 
concerning accessibility of foreign sources of supply;
    (2) Support the Secretary of the Treasury, in consultation, as 
appropriate, with the Secretaries of Commerce and Defense, in the 
formulation and execution of economic measures with respect to other 
nations;
    (3) Support the Secretary of Energy in international liaison 
activities pertaining to nuclear materials facilities;
    (4) Support the Director of the Federal Emergency Management Agency 
in the coordination and integration of United States policy regarding 
the formulation and implementation of civil emergency resources and 
preparedness planning;
    (5) Assist the Attorney General of the United States in the 
formulation of national security emergency plans for the control of 
persons entering or leaving the United States.

                  PART 14--Department of Transportation

    Sec. 1401. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of 
Transportation shall:
    (1) Develop plans to promulgate and manage overall national 
policies, programs, procedures, and systems to meet essential civil and 
military transportation needs in national security emergencies;
    (2) Be prepared to provide direction to all modes of civil 
transportation in national security emergencies, including air, surface, 
water, pipelines, and public storage and warehousing, to the extent such 
responsibility is vested in the Secretary of Transportation. This 
direction may include:
    (a) Implementation of priorities for all transportation resource 
requirements for service, equipment, facilities, and systems;
    (b) Allocation of transportation resource capacity; and
    (c) Emergency management and control of civil transportation 
resources and systems, including privately owned automobiles, urban mass 
transit, intermodal transportation systems, the National Railroad 
Passenger Corporation and the St. Lawrence Seaway Development 
Corporation;
    (3) Develop plans to provide for the smooth transition of the Coast 
Guard as a service to the Department of the Navy during national 
security emergencies. These plans shall be compatible with the 
Department of Defense planning systems, especially in the areas of port 
security and military readiness;
    (4) In coordination with the Secretary of State and the Director of 
the Federal Emergency Management Agency, represent the United States in 
transportation-related international (including NATO and allied) civil 
emergency preparedness planning and related activities;
    (5) Coordinate with State and local highway agencies in the 
management of all Federal, State, city, local, and other highways, 
roads, streets, bridges, tunnels, and publicly owned highway maintenance 
equipment to assure efficient and safe use of road space during national 
security emergencies;
    (6) Develop plans and procedures in consultation with appropriate 
agency officials for maritime and port safety, law enforcement, and 
security over, upon, and under the high seas and waters subject to the 
jurisdiction of the United States to assure operational readiness for 
national security emergency functions;
    (7) Develop plans for the emergency operation of U.S. ports and 
facilities, use of shipping resources (U.S. and others), provision of 
government war risks insurance, and emergency construction of merchant 
ships for military and civil use;
    (8) Develop plans for emergency management and control of the 
National Airspace System, including provision of war risk insurance and 
for transfer of the Federal Aviation Administration, in the event of 
war, to the Department of Defense;
    (9) Coordinate the Interstate Commerce Commission's development of 
plans and preparedness programs for the reduction of vulnerability, 
maintenance, restoration, and operation of privately owned railroads, 
motor carriers, inland waterway transportation systems, and public 
storage facilities and services in national security emergencies.
    Sec. 1402. Support Responsibility. The Secretary of Transportation 
shall coordinate with the Secretary of Energy in the planning and 
management of transportation resources involved in the bulk movement of 
energy materials.

                   PART 15--Department of the Treasury

    Sec. 1501. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Secretary of the Treasury 
shall:
    (1) Develop plans to maintain stable economic conditions and a 
market economy during national security emergencies; emphasize measures 
to minimize inflation and disruptions; and, minimize reliance on direct 
controls of the monetary, credit, and financial systems. These plans 
will include provisions for:
    (a) Increasing capabilities to minimize economic dislocations by 
carrying out appropriate fiscal, monetary, and regulatory policies and 
reducing susceptibility to manipulated economic pressures;
    (b) Providing the Federal Government with efficient and equitable 
financing sources and payment mechanisms;
    (c) Providing fiscal authorities with adequate legal authority to 
meet resource requirements;
    (d) Developing, in consultation with the Board of Governors of the 
Federal Reserve System, and in cooperation with the Board of Directors 
of the Federal Deposit Insurance Corporation, the Federal Home Loan Bank 
Board, the National Credit Union Administration Board, the Farm Credit 
Administration Board and other financial institutions, plans for the 
continued or resumed operation and liquidity of banks, savings and 
loans, credit unions, and farm credit institutions, measures for the 
reestablishment of evidence of assets or liabilities, and provisions for 
currency withdrawals and deposit insurance;
    (2) Provide for the protection of United States financial resources 
including currency and coin production and redemption facilities, 
Federal check disbursement facilities, and precious monetary metals;
    (3) Provide for the preservation of, and facilitate emergency 
operations of, public and private financial institution systems, and 
provide for their restoration during or after national security 
emergencies;
    (4) Provide, in coordination with the Secretary of State, for 
participation in bilateral and multilateral financial arrangements with 
foreign governments;
    (5) Maintain the Federal Government accounting and financial 
reporting system in national security emergencies;
    (6) Develop plans to protect the President, the Vice President, 
other officers in the order of presidential succession, and other 
persons designated by the President;
    (7) Develop plans for restoration of the economy following an 
attack; for the development of emergency monetary, credit, and Federal 
benefit payment programs of those Federal departments and agencies that 
have responsibilities dependent on the policies or capabilities of the 
Department of the Treasury; and for the implementation of national 
policy on sharing war losses;
    (8) Develop plans for initiating tax changes, waiving regulations, 
and, in conjunction with the Secretary of Commerce or other guaranteeing 
agency, granting or guaranteeing loans for the expansion of industrial 
capacity, the development of technological processes, or the production 
or acquisition of essential materials;
    (9) Develop plans, in coordination with the heads of other 
appropriate Federal departments and agencies, to acquire emergency 
imports, make foreign barter arrangements, or otherwise provide for 
essential material from foreign sources using, as appropriate, the 
resources of the Export-Import Bank or resources available to the Bank;
    (10) Develop plans for encouraging capital inflow and discouraging 
the flight of capital from the United States and, in coordination with 
the Secretary of State, for the seizure and administration of assets of 
enemy aliens during national security emergencies;
    (11) Develop plans, in consultation with the heads of approporiate 
Federal departments and agencies, to regulate financial and commercial 
transactions with other countries;
    (12) Develop plans, in coordination with the Secretary of Commerce 
and the Attorney General of the United States, to control the movement 
of property entering or leaving the United States;
    (13) Cooperate and consult with the Chairman of the Securities and 
Exchange Commission, the Chairman of the Federal Reserve Board, the 
Chairman of the Commodities Futures Trading Commission in the 
development of emergency financial control plans and regulations for 
trading of stocks and commodities, and in the development of plans for 
the maintenance and restoration of stable and orderly markets;
    (14) Develop plans, in coordination with the Secretary of State, for 
the formulation and execution of economic measures with respect to other 
nations in national security emergencies.
    Sec. 1502. Support Responsibilities. The Secretary of the Treasury 
shall:
    (1) Cooperate with the Attorney General of the United States on law 
enforcement activities, including the control of people entering and 
leaving the United States;
    (2) Support the Secretary of Labor in developing plans and 
procedures for wage, salary, and benefit costs stabilization;
    (3) Support the Secretary of State in plans for the protection of 
international organizations and foreign diplomatic, consular, and other 
official personnel and property or other assets in the United States.

                PART 16--Environmental Protection Agency

    Sec. 1601. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Administrator of the 
Environmental Protection Agency shall:
    (1) Develop Federal plans and foster development of State and local 
plans designed to prevent or minimize the ecological impact of hazardous 
agents (biological, chemical, or radiological) introduced into the 
environment in national security emergencies;
    (2) Develop, for national security emergencies, guidance on 
acceptable emergency levels of nuclear radiation, assist in determining 
acceptable emergency levels of biological agents, and help to provide 
detection and identification of chemical agents;
    (3) Develop, in coordination with the Secretary of Defense, plans to 
assure the provision of potable water supplies to meet community needs 
under national security emergency conditions, including claimancy for 
materials and equipment for public water systems.
    Sec. 1602. Support Responsibilities. The Administrator of the 
Environmental Protection Agency shall:
    (1) Assist the heads of other Federal agencies that are responsible 
for developing plans for the detection, reporting, assessment, 
protection against, and reduction of effects of hazardous agents 
introduced into the environment;
    (2) Advise the heads of Federal departments and agencies regarding 
procedures for assuring compliance with environmental restrictions and 
for expeditious review of requests for essential waivers.

              PART 17--Federal Emergency Management Agency

    Sec. 1701. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Director of the Federal 
Emergency Management Agency shall:
    (1) Coordinate and support the initiation, development, and 
implementation of national security emergency preparedness programs and 
plans among Federal departments and agencies;
    (2) Coordinate the development and implementation of plans for the 
operation and continuity of essential domestic emergency functions of 
the Federal Government during national security emergencies;
    (3) Coordinate the development of plans, in cooperation with the 
Secretary of Defense, for mutual civil-military support during national 
security emergencies;
    (4) Guide and assist State and local governments and private sector 
organizations in achieving preparedness for national security 
emergencies, including development of plans and procedures for assuring 
continuity of government, and support planning for prompt and 
coordinated Federal assistance to States and localities in responding to 
national security emergencies;
    (5) Provide the President a periodic assessment of Federal, State, 
and local capabilities to respond to national security emergencies;
    (6) Coordinate the implementation of policies and programs for 
efficient mobilization of Federal, State, local, and private sector 
resources in response to national security emergencies;
    (7) Develop and coordinate with all appropriate agencies civil 
defense programs to enhance Federal, State, local, and private sector 
capabilities for national security emergency crisis management, 
population protection, and recovery in the event of an attack on the 
United States;
    (8) Develop and support public information, education and training 
programs to assist Federal, State, and local government and private 
sector entities in planning for and implementing national security 
emergency preparedness programs;
    (9) Coordinate among the heads of Federal, State, and local agencies 
the planning, conduct, and evaluation of national security emergency 
exercises;
    (10) With the assistance of the heads of other appropriate Federal 
departments and agencies, develop and maintain capabilities to assess 
actual attack damage and residual recovery capabilities as well as 
capabilities to estimate the effects of potential attacks on the Nation;
    (11) Provide guidance to the heads of Federal departments and 
agencies on the appropriate use of defense production authorities, 
including resource claimancy, in order to improve the capability of 
industry and infrastructure systems to meet national security emergency 
needs;
    (12) Assist the Secretary of State in coordinating the formulation 
and implementation of United States policy for NATO and other allied 
civil emergency planning, including the provision of:
    (a) advice and assistance to the departments and agencies in 
alliance civil emergency planning matters;
    (b) support to the United States Mission to NATO in the conduct of 
day-to-day civil emergency planning activities; and
    (c) support facilities for NATO Civil Wartime Agencies in 
cooperation with the Departments of Agriculture, Commerce, Energy, 
State, and Transportation.
    Sec. 1702. Support Responsibilities. The Director of the Federal 
Emergency Management Agency shall:
    (1) Support the heads of other Federal departments and agencies in 
preparing plans and programs to discharge their national security 
emergency preparedness responsibilities, including, but not limited to, 
such programs as mobilization preparedness, continuity of government 
planning, and continuance of industry and infrastructure functions 
essential to national security;
    (2) Support the Secretary of Energy, the Secretary of Defense, and 
the Members of the Nuclear Regulatory Commission in developing plans and 
capabilities for identifying, analyzing, mitigating, and responding to 
emergencies related to nuclear weapons, materials, and devices, 
including mobile and fixed nuclear facilities, by providing, inter alia, 
off-site coordination;
    (3) Support the Administrator of General Services in efforts to 
promote a government-wide program with respect to Federal buildings and 
installations to minimize the effects of attack and establish shelter 
management organizations.

                PART 18--General Services Administration

    Sec. 1801. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Administrator of General 
Services shall:
    (1) Develop national security emergency plans and procedures for the 
operation, maintenance, and protection of federally owned and occupied 
buildings managed by the General Services Administration, and for the 
construction, alteration, and repair of such buildings;
    (2) Develop national security emergency operating procedures for the 
control, acquisition, leasing, assignment, and priority of occupancy of 
real property by the Federal Government, and by State and local 
governments acting as agents of the Federal Government, except for the 
military facilities and facilities with special nuclear materials within 
the jurisdiction of the Departments of Defense and Energy;
    (3) Develop national security emergency operational plans and 
procedures for the use of public utility services (other than 
telecommunications services) by Federal departments and agencies, except 
for Department of Energy-operated facilities;
    (4) Develop plans and operating procedures of government-wide supply 
programs to meet the requirements of Federal departments and agencies 
during national security emergencies;
    (5) Develop plans and operating procedures for the use, in national 
security emergencies, of excess and surplus real and personal property 
by Federal, State, and local governmental entities;
    (6) Develop plans, in coordination with the Director of the Federal 
Emergency Management Agency, with respect to Federal buildings and 
installations, to minimize the effects of attack and establish shelter 
management organizations;
    Sec. 1802. Support Responsibility. The Administrator of General 
Services shall develop plans to assist Federal departments and agencies 
in operation and maintenance of essential automated information 
processing facilities during national security emergencies:[.]

         PART 19--National Aeronautics and Space Administration

    Sec. 1901. Lead Responsibility. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Administrator of the 
National Aeronautics and Space Administration shall coordinate with the 
Secretary of Defense to prepare for the use, maintenance, and 
development of technologically advanced aerospace and aeronautical-
related systems, equipment, and methodologies applicable to national 
security emergencies.

          PART 20--National Archives and Records Administration

    Sec. 2001. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Archivist of the United 
States shall:
    (1) Develop procedures for publication during national security 
emergencies of the Federal Register for as broad public dissemination as 
is practicable of presidential proclamations and Executive orders, 
Federal administrative regulations, Federal emergency notices and 
actions, and Acts of Congress;
    (2) Develop emergency procedures for providing instructions and 
advice on the handling and preservation of records critical to the 
operation of the Federal Government in national security emergencies.

                 PART 21--Nuclear Regulatory Commission

    Sec. 2101. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Members of the Nuclear 
Regulatory Commission shall:
    (1) Promote the development and maintenance of national security 
emergency preparedness programs through security and safeguards programs 
by licensed facilities and activities;
    (2) Develop plans to suspend any licenses granted by the Commission; 
to order the operations of any facility licensed under Section 103 or 
104; Atomic Energy Act of 1954, as amended (42 U.S.C. 2133 or 2134); to 
order the entry into any plant or facility in order to recapture special 
nuclear material as determined under Subsection (3) below; and operate 
such facilities;
    (3) Recapture or authorize recapture of special nuclear materials 
from licensees where necessary to assure the use, preservation, or 
safeguarding of such materials for the common defense and security, as 
determined by the Commission or as requested by the Secretary of Energy.
    Sec. 2102. Support Responsibilities. The Members of the Nuclear 
Regulatory Commission shall:
    (1) Assist the Secretary of Energy in assessing damage to 
Commission-licensed facilities, identifying useable facilities, and 
estimating the time and actions necessary to restart inoperative 
facilities;
    (2) Provide advice and technical assistance to Federal, State, and 
local officials and private sector organizations regarding radiation 
hazards and protective actions in national security emergencies.

                 PART 22--Office of Personnel Management

    Sec. 2201. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Director of the Office of 
Personnel Management shall:
    (1) Prepare plans to administer the Federal civilian personnel 
system in national security emergencies, including plans and procedures 
for the rapid mobilization and reduction of an emergency Federal 
workforce;
    (2) Develop national security emergency work force policies for 
Federal civilian personnel;
    (3) Develop plans to accommodate the surge of Federal personnel 
security background and pre-employment investigations during national 
security emergencies.
    Sec. 2202. Support Responsibilities. The Director of the Office of 
Personnel Management shall:
    (1) Assist the heads of other Federal departments and agencies with 
personnel management and staffing in national security emergencies, 
including facilitating transfers between agencies of employees with 
critical skills;
    (2) In consultation with the Secretary of Defense and the Director 
of Selective Service, develop plans and procedures for a system to 
control any conscription of Federal civilian employees during national 
security emergencies.

                    PART 23--Selective Service System

    Sec. 2301. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Director of Selective 
Service shall:
    (1) Develop plans to provide by induction, as authorized by law, 
personnel that would be required by the armed forces during national 
security emergencies;
    (2) Develop plans for implementing an alternative service program.

                   PART 24--Tennessee Valley Authority

    Sec. 2401. Lead Responsibility. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Board of Directors of the 
Tennessee Valley Authority shall develop plans and maintain river 
control operations for the prevention or control of floods affecting the 
Tennessee River System during national security emergencies.
    Sec. 2402. Support Responsibilities. The Board of Directors of the 
Tennessee Valley Authority shall:
    (1) Assist the Secretary of Energy in the development of plans for 
the integration of the Tennessee Valley Authority power system into 
nationwide national security emergency programs;
    (2) Assist the Secretaries of Defense, Interior, and Transportation 
and the Chairman of the Interstate Commerce Commission in the 
development of plans for operation and maintenance of inland waterway 
transportation in the Tennessee River System during national security 
emergencies.

                PART 25--United States Information Agency

    Sec. 2501. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Director of the United 
States Information Agency shall:
    (1) Plan for the implementation of information programs to promote 
an understanding abroad of the status of national security emergencies 
within the United States;
    (2) In coordination with the Secretary of State's exercise of 
telecommunications functions affecting United States diplomatic missions 
and consular offices overseas, maintain the capability to provide 
television and simultaneous direct radio broadcasting in major languages 
to all areas of the world, and the capability to provide wireless file 
to all United States embassies during national security emergencies.
    Sec. 2502. Support Responsibility. The Director of the United States 
Information Agency shall assist the heads of other Federal departments 
and agencies in planning for the use of media resources and foreign 
public information programs during national security emergencies.

                  PART 26--United States Postal Service

    Sec. 2601. Lead Responsibility. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Postmaster General shall 
prepare plans and programs to provide essential postal services during 
national security emergencies.
    Sec. 2602. Support Responsibilities. The Postmaster General shall:
    (1) Develop plans to assist the Attorney General of the United 
States in the registration of nationals of enemy countries residing in 
the United States;
    (2) Develop plans to assist the Secretary of Health and Human 
Services in registering displaced persons and families;
    (3) Develop plans to assist the heads of other Federal departments 
and agencies in locating and leasing privately owned property for 
Federal use during national security emergencies.

                    PART 27--Veterans' Administration

    Sec. 2701. Lead Responsibilities. In addition to the applicable 
responsibilities covered in Parts 1 and 2, the Administrator of 
Veterans' Affairs [now Secretary of Veterans Affairs] shall:
    (1) Develop plans for provision of emergency health care services to 
veteran beneficiaries in Veterans' Administration [now Department of 
Veterans Affairs] medical facilities, to active duty military personnel 
and, as resources permit, to civilians in communities affected by 
national security emergencies;
    (2) Develop plans for mortuary services for eligible veterans, and 
advise on methods for interment of the dead during national security 
emergencies.
    Sec. 2702. Support Responsibilities. The Administrator of Veterans' 
Affairs [now Secretary of Veterans Affairs] shall:
    (1) Assist the Secretary of Health and Human Services in promoting 
the development of State and local plans for the provision of medical 
services in national security emergencies, and develop appropriate plans 
to support such State and local plans;
    (2) Assist the Secretary of Health and Human Services in developing 
national plans to mobilize the health care industry and medical 
resources during national security emergencies;
    (3) Assist the Secretary of Health and Human Services in developing 
national plans to set priorities and allocate medical resources among 
civilian and military claimants.

                PART 28--Office of Management and Budget

    Sec. 2801. In addition to the applicable responsibilities covered in 
Parts 1 and 2, the Director of the Office of Management and Budget shall 
prepare plans and programs to maintain its functions during national 
security emergencies. In connection with these functions, the Director 
of the Office of Management and Budget shall:
    (1) Develop plans to ensure the preparation, clearance, and 
coordination of proposed Executive orders and proclamations;
    (2) Prepare plans to ensure the preparation, supervision, and 
control of the budget and the formulation of the fiscal program of the 
Government;
    (3) Develop plans to coordinate and communicate Executive branch 
views to the Congress regarding legislation and testimony by Executive 
branch officials;
    (4) Develop plans for keeping the President informed of the 
activities of government agencies, continuing the Office of Management 
and Budget's management functions, and maintaining presidential 
supervision and direction with respect to legislation and regulations in 
national security emergencies.

                            PART 29--General

    Sec. 2901. Executive Order Nos. 10421 and 11490, as amended, are 
hereby revoked. This Order shall be effective immediately.
    [For abolition of United States Information Agency (other than 
Broadcasting Board of Governors and International Broadcasting Bureau), 
transfer of functions, and treatment of references thereto, see sections 
6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.]

 Ex. Ord. No. 12657. Federal Emergency Management Agency Assistance in 
   Emergency Preparedness Planning at Commercial Nuclear Power Plants

    Ex. Ord. No. 12657, Nov. 18, 1988, 53 F.R. 47513, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including the Federal Civil 
Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), the 
Disaster Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), the 
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), 
Reorganization Plan No. 1 of 1958 [set out above], Reorganization Plan 
No. 1 of 1973 [set out above], and Section 301 of Title 3 of the United 
States Code, and in order to ensure that plans and procedures are in 
place to respond to radiological emergencies at commercial nuclear power 
plants in operation or under construction, it is hereby ordered as 
follows:
    Section 1. Scope. (a) This Order applies whenever State or local 
governments, either individually or together, decline or fail to prepare 
commercial nuclear power plant radiological emergency preparedness plans 
that are sufficient to satisfy Nuclear Regulatory Commission (``NRC'') 
licensing requirements or to participate adequately in the preparation, 
demonstration, testing, exercise, or use of such plans.
    (b) In order to request the assistance of the Federal Emergency 
Management Agency (``FEMA'') provided for in this Order, an affected 
nuclear power plant applicant or licensee (``licensee'') shall certify 
in writing to FEMA that the situation described in Subsection (a) 
exists.
    Sec. 2. Generally Applicable Principles and Directives. (a) Subject 
to the principles articulated in this Section, the Director of FEMA is 
hereby authorized and directed to take the actions specified in Sections 
3 through 6 of this Order.
    (b) In carrying out any of its responsibilities under this Order, 
FEMA:
    (1) shall work actively with the licensee, and, before relying upon 
its resources or those of any other Department or agency within the 
Executive branch, shall make maximum feasible use of the licensee's 
resources;
    (2) shall take care not to supplant State and local resources. FEMA 
shall substitute its own resources for those of the State and local 
governments only to the extent necessary to compensate for the 
nonparticipation or inadequate participation of those governments, and 
only as a last resort after appropriate consultation with the Governors 
and responsible local officials in the affected area regarding State and 
local participation;
    (3) is authorized, to the extent permitted by law, to enter into 
interagency Memoranda of Understanding providing for utilization of the 
resources of other Executive branch Departments and agencies and for 
delegation to other Executive branch Departments and agencies of any of 
the functions and duties assigned to FEMA under this Order; however, any 
such Memorandum of Understanding shall be subject to approval by the 
Director of the Office of Management and Budget (``OMB'') and published 
in final form in the Federal Register; and
    (4) shall assume for purposes of Sections 3 and 4 of this Order 
that, in the event of an actual radiological emergency or disaster, 
State and local authorities would contribute their full resources and 
exercise their authorities in accordance with their duties to protect 
the public from harm and would act generally in conformity with the 
licensee's radiological emergency preparedness plan.
    (c) The Director of OMB shall resolve any issue concerning the 
obligation of Federal funds arising from the implementation of this 
Order. In resolving issues under this Subsection, the Director of OMB 
shall ensure:
    (1) that FEMA has utilized to the maximum extent possible the 
resources of the licensee and State and local governments before it 
relies upon its appropriated and lawfully available resources or those 
of any Department or agency in the Executive branch;
    (2) that FEMA shall use its existing resources to coordinate and 
manage, rather than duplicate, other available resources;
    (3) that implementation of this Order is accomplished with an 
economy of resources; and
    (4) that full reimbursement to the Federal Government is provided, 
to the extent permitted by law.
    Sec. 3. FEMA Participation in Emergency Preparedness Planning. (a) 
FEMA assistance in emergency preparedness planning shall include advice, 
technical assistance, and arrangements for facilities and resources as 
needed to satisfy the emergency planning requirements under the Atomic 
Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], and any other 
Federal legislation or regulations pertaining to issuance or retention 
of a construction permit or an operating license for a nuclear power 
plant.
    (b) FEMA shall make all necessary plans and arrangements to ensure 
that the Federal Government is prepared to assume any and all functions 
and undertakings necessary to provide adequate protection to the public 
in cases within the scope of this Order. In making such plans and 
arrangements,
    (1) FEMA shall focus planning of Federal response activities to 
ensure that:
    (A) adequate resources and arrangements will exist, as of the time 
when an initial response is needed, given the absence or inadequacy of 
advance State and local commitments; and
    (B) attention has been given to coordinating (including turning 
over) response functions when State and local governments do exercise 
their authority, with specific attention to the areas where prior State 
and local participation has been insufficient or absent;
    (2) FEMA's planning for Federal participation in responding to a 
radiological emergency within the scope of this Order shall include, but 
not be limited to, arrangements for using existing Federal resources to 
provide prompt notification of the emergency to the general public; to 
assist in any necessary evacuation; to provide reception centers or 
shelters and related facilities and services for evacuees; to provide 
emergency medical services at Federal hospitals, including those 
operated by the military services and by the Veterans' Administration 
[now Department of Veterans Affairs]; and to ensure the creation and 
maintenance of channels of communication from commercial nuclear power 
plant licensees or applicants to State and local governments and to 
surrounding members of the public.
    Sec. 4. Evaluation of Plans. (a) FEMA shall consider and evaluate 
all plans developed under the authority of this Order as though drafted 
and submitted by a State or local government.
    (b) FEMA shall take all actions necessary to carry out the 
evaluation referred to in the preceding Subsection and to permit the NRC 
to conduct its evaluation of radiological emergency preparedness plans 
including, but not limited to, planning, participating in, and 
evaluating exercises, drills, and tests, on a timely basis, as necessary 
to satisfy NRC requirements for demonstrations of off-site radiological 
emergency preparedness.
    Sec. 5. Response to a Radiological Emergency. (a) In the event of an 
actual radiological emergency or disaster, FEMA shall take all steps 
necessary to ensure the implementation of the plans developed under this 
Order and shall coordinate the actions of other Federal agencies to 
achieve the maximum effectiveness of Federal efforts in responding to 
the emergency.
    (b) FEMA shall coordinate Federal response activities to ensure that 
adequate resources are directed, when an initial response is needed, to 
activities hindered by the absence or inadequacy of advance State and 
local commitments. FEMA shall also coordinate with State and local 
governmental authorities and turn over response functions as appropriate 
when State and local governments do exercise their authority.
    (c) FEMA shall assume any necessary command-and-control function, or 
delegate such function to another Federal agency, in the event that no 
competent State and local authority is available to perform such 
function.
    (d) In any instance in which Federal personnel may be called upon to 
fill a command-and-control function during a radiological emergency, in 
addition to any other powers it may have, FEMA or its designee is 
authorized to accept volunteer assistance from utility employees and 
other nongovernmental personnel for any purpose necessary to implement 
the emergency response plan and facilitate off-site emergency response.
    Sec. 6. Implementation of Order. (a) FEMA shall issue interim and 
final directives and procedures implementing this Order as expeditiously 
as is feasible and in any event shall issue interim directives and 
procedures not more than 90 days following the effective date of this 
Order and shall issue final directives and procedures not more than 180 
days following the effective date of this Order.
    (b) Immediately upon the effective date of this Order, FEMA shall 
review, and initiate necessary revisions of, all FEMA regulations, 
directives, and guidance to conform them to the terms and policies of 
this Order.
    (c) Immediately upon the effective date of this Order, FEMA shall 
review, and initiate necessary renegotiations of, all interagency 
agreements to which FEMA is a party, so as to conform them to the terms 
and policies of this Order. This directive shall include, but not be 
limited to, the Federal Radiological Emergency Response Plan (50 Fed. 
Reg. 46542 (November 8, 1985)).
    (d) To the extent permitted by law, FEMA is directed to obtain full 
reimbursement, either jointly or severally, for services performed by 
FEMA or other Federal agencies pursuant to this Order from any affected 
licensee and from any affected nonparticipating or inadequately 
participating State or local government.
    Sec. 7. Amendments. This Executive Order amends Executive Order Nos. 
11490 (34 Fed. Reg. 17567 (October 28, 1969)) [see note above], 12148 
(44 Fed. Reg. 43239 (July 20, 1979)) [set out above], and 12241 (45 Fed. 
Reg. 64879 (September 29, 1980)), and the same are hereby superseded to 
the extent that they are inconsistent with this Order.
    Sec. 8. Judicial Review. This Order is intended only to improve the 
internal management of the Executive branch, and is not intended to 
create any right or benefit, substantive or procedural, enforceable at 
law by a party against the United States, its agencies, its officers, or 
any person.
    Sec. 9. Effective Date. This Order shall be effective November 18, 
1988.
                                                          Ronald Reagan.

    Ex. Ord. No. 12673. Delegation of Disaster Relief and Emergency 
                          Assistance Functions

    Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided:
    By virtue of the authority vested in me as President by the 
Constitution and laws of the United States of America, including the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as 
amended (42 U.S.C. 5121 et seq.), and in order to conform delegations of 
authority to recent legislation, it is hereby ordered as follows:
    Section 1. Section 4-203 of Executive Order No. 12148 [set out 
above] is amended to read:
    Section 4-203. The functions vested in the President by the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 
U.S.C. 5121 et seq.), except those functions vested in the President by 
Section 401 (relating to the declaration of major disasters and 
emergencies), Section 501 (relating to the declaration of emergencies), 
Section 405 (relating to the repair, reconstruction, restoration, or 
replacement of Federal facilities), and Section 412 (relating to food 
coupons and distribution), are hereby delegated to the Director of the 
Federal Emergency Management Agency.
    Sec. 2. Section 3 of Executive Order No. 11795 [42 U.S.C. 5121 note] 
is amended by removing the words ``Section 409'' and inserting ``Section 
412'' in place thereof.
    Sec. 3. The functions vested in the President by Section 103(e)(2) 
of the Disaster Relief and Emergency Assistance Amendments of 1988, 
Public Law 100-707 [42 U.S.C. 5122 note] (relating to the transmission 
of a report to the Committee on Public Works and Transportation of the 
House of Representatives and to the Committee on Environment and Public 
Works of the Senate), are hereby delegated to the Director of the 
Federal Emergency Management Agency.
    Sec. 4. The functions vested in the President by Section 110 of the 
Disaster Relief and Emergency Assistance Amendments of 1988, Public Law 
100-707 [42 U.S.C. 5121 note], are hereby delegated to the Director of 
the Federal Emergency Management Agency.
    Sec. 5. The functions vested in the President by Section 113 of the 
Disaster Relief and Emergency Assistance Amendments of 1988, Public Law 
100-707 [42 U.S.C. 5201 note], are hereby delegated to the Director of 
the Federal Emergency Management Agency.
    Sec. 6. The amendments to Executive Order No. 12148 that are made by 
Section 1 of this Executive Order shall not affect the administration of 
any assistance for major disasters or emergencies declared by the 
President before the effective date of ``The Disaster Relief and 
Emergency Assistance Amendments of 1988 [probably means date of 
enactment of Pub. L. 100-707, which was approved Nov. 23, 1988].''
                                                            George Bush.

         Ex. Ord. No. 13010. Critical Infrastructure Protection

    Ex. Ord. No. 13010, July 15, 1996, 61 F.R. 37347, as amended by Ex. 
Ord. No. 13025, Nov. 13, 1996, 61 F.R. 58623; Ex. Ord. No. 13041, Apr. 
3, 1997, 62 F.R. 17039; Ex. Ord. No. 13064, Oct. 11, 1997, 62 F.R. 
53711; Ex. Ord. No. 13077, Mar. 10, 1998, 63 F.R. 12381; Ex. Ord. No. 
13138, Sec. 3(c), Sept. 30, 1999, 64 F.R. 53880, provided:
    Certain national infrastructures are so vital that their incapacity 
or destruction would have a debilitating impact on the defense or 
economic security of the United States. These critical infrastructures 
include telecommunications, electrical power systems, gas and oil 
storage and transportation, banking and finance, transportation, water 
supply systems, emergency services (including medical, police, fire, and 
rescue), and continuity of government. Threats to these critical 
infrastructures fall into two categories: physical threats to tangible 
property (``physical threats''), and threats of electronic, radio-
frequency, or computer-based attacks on the information or 
communications components that control critical infrastructures (``cyber 
threats''). Because many of these critical infrastructures are owned and 
operated by the private sector, it is essential that the government and 
private sector work together to develop a strategy for protecting them 
and assuring their continued operation.
    NOW, THEREFORE, by the authority vested in me as President by the 
Constitution and the laws of the United States of America, it is hereby 
ordered as follows:
    Section 1. Establishment. There is hereby established the 
President's Commission on Critical Infrastructure Protection 
(``Commission'').
    (a) Chair. A qualified individual from outside the Federal 
Government shall be designated by the President from among the members 
to serve as Chair of the Commission. The Commission Chair shall be 
employed on a full-time basis.
    (b) Members. The head of each of the following executive branch 
departments and agencies shall nominate not more than two full-time 
members of the Commission:
    (i) Department of the Treasury;
    (ii) Department of Justice;
    (iii) Department of Defense;
    (iv) Department of Commerce;
    (v) Department of Transportation;
    (vi) Department of Energy;
    (vii) Central Intelligence Agency;
    (viii) Federal Emergency Management Agency;
    (ix) Federal Bureau of Investigation;
    (x) National Security Agency.
One of the nominees of each agency may be an individual from outside the 
Federal Government who shall be employed by the agency on a full-time 
basis. Each nominee must be approved by the Steering Committee.
    Sec. 2. The Principals Committee. The Commission shall report to the 
President through a Principals Committee (``Principals Committee''), 
which shall review any reports or recommendations before submission to 
the President. The Principals Committee shall comprise the:
    (i) Secretary of the Treasury;
    (ii) Secretary of Defense;
    (iii) Attorney General;
    (iv) Secretary of Commerce;
    (v) Secretary of Transportation;
    (vi) Secretary of Energy;
    (vii) Director of Central Intelligence;
    (viii) Director of the Office of Management and Budget;
    (ix) Director of the Federal Emergency Management Agency;
    (x) Assistant to the President for National Security Affairs;
    (xi) Assistant to the Vice President for National Security 
Affairs.[;]
    (xii) Assistant to the President for Economic Policy and Director of 
the National Economic Council; and
    (xiii) Assistant to the President and Director of the Office of 
Science and Technology Policy.
    Sec. 3. The Steering Committee of the President's Commission on 
Critical Infrastructure Protection. A Steering Committee (``Steering 
Committee'') shall oversee the work of the Commission on behalf of the 
Principals Committee. The Steering Committee shall comprise [sic] five 
members. Four of the members shall be appointed by the President, and 
the fifth member shall be the Chair of the Commission. Two of the 
members of the Committee shall be employees of the Executive Office of 
the President. The Steering Committee will receive regular reports on 
the progress of the Commission's work and approve the submission of 
reports to the Principals Committee.
    Sec. 4. Mission. The Commission shall: (a) within 30 days of this 
order, produce a statement of its mission objectives, which will 
elaborate the general objectives set forth in this order, and a detailed 
schedule for addressing each mission objective, for approval by the 
Steering Committee;
    (b) identify and consult with: (i) elements of the public and 
private sectors that conduct, support, or contribute to infrastructure 
assurance; (ii) owners and operators of the critical infrastructures; 
and (iii) other elements of the public and private sectors, including 
the Congress, that have an interest in critical infrastructure assurance 
issues and that may have differing perspectives on these issues;
    (c) assess the scope and nature of the vulnerabilities of, and 
threats to, critical infrastructures;
    (d) determine what legal and policy issues are raised by efforts to 
protect critical infrastructures and assess how these issues should be 
addressed;
    (e) recommend a comprehensive national policy and implementation 
strategy for protecting critical infrastructures from physical and cyber 
threats and assuring their continued operation;
    (f) propose any statutory or regulatory changes necessary to effect 
its recommendations; and
    (g) produce reports and recommendations to the Steering Committee as 
they become available; it shall not limit itself to producing one final 
report.
    Sec. 5. [Revoked by Ex. Ord. No. 13138, Sec. 3(c), Sept. 30, 1999, 
64 F.R. 53880.]
    Sec. 6. Administration. (a) All executive departments and agencies 
shall cooperate with the Commission and provide such assistance, 
information, and advice to the Commission as it may request, to the 
extent permitted by law.
    (b) The Commission and the Advisory Committee may hold open and 
closed hearings, conduct inquiries, and establish subcommittees, as 
necessary.
    (c) Members of the Advisory Committee shall serve without 
compensation for their work on the Advisory Committee. While engaged in 
the work of the Advisory Committee, members may be allowed travel 
expenses, including per diem in lieu of subsistence, as authorized by 
law for persons serving intermittently in the government service.
    (d) To the extent permitted by law, and subject to the availability 
of appropriations, the Department of Defense shall provide the 
Commission and the Advisory Committee with administrative services, 
staff, other support services, and such funds as may be necessary for 
the performance of its functions and shall reimburse the executive 
branch components that provide representatives to the Commission for the 
compensation of those representatives.
    (e) In order to augment the expertise of the Commission, the 
Department of Defense may, at the Commission's request, contract for the 
services of nongovernmental consultants who may prepare analyses, 
reports, background papers, and other materials for consideration by the 
Commission. In addition, at the Commission's request, executive 
departments and agencies shall request that existing Federal advisory 
committees consider and provide advice on issues of critical 
infrastructure protection, to the extent permitted by law.
    (f) The Commission shall terminate 1 year and 90 days from the date 
of this order, unless extended by the President prior to that date. The 
Principals Committee, the Steering Committee, and the Advisory Committee 
shall terminate no later than September 30, 1998, and, upon submission 
of the Commission's report, shall review the report and prepare 
appropriate recommendations to the President.
    (g) The person who served as Chair of the Commission may continue to 
be a member of the Steering Committee after termination of the 
Commission.
    Sec. 7. Review of Commission's Report. (a) Upon the termination of 
the Commission as set out in section 6(f) of this order, certain of the 
Commission's staff may be retained no later than September 30, 1998, 
solely to assist the Principals, Steering, and Advisory Committees in 
reviewing the Commission's report and preparing recommendations to the 
President. They shall act under the direction of the Steering Committee 
or its designated agent. The Department of Defense shall continue to 
provide funding and administrative support for the retained Commission 
staff.
    (b) Pursuant to Executive Order 12958 [50 U.S.C. 435 note], I hereby 
designate the Executive Secretary of the National Security Council to 
exercise the authority to classify information originally as ``Top 
Secret'' with respect to the work of the Commission staff, the 
Principals Committee, the Steering Committee, the Advisory Committee, 
and the Infrastructure Protection Task Force.
    Sec. 8. Interim Coordinating Mission. (a) While the Commission is 
conducting its analysis and until the President has an opportunity to 
consider and act on its recommendations, there is a need to increase 
coordination of existing infrastructure protection efforts in order to 
better address, and prevent, crises that would have a debilitating 
regional or national impact. There is hereby established an 
Infrastructure Protection Task Force (``IPTF'') within the Department of 
Justice, chaired by the Federal Bureau of Investigation, to undertake 
this interim coordinating mission.
    (b) The IPTF will not supplant any existing programs or 
organizations.
    (c) The Steering Committee shall oversee the work of the IPTF.
    (d) The IPTF shall include at least one full-time member each from 
the Federal Bureau of Investigation, the Department of Defense, and the 
National Security Agency. It shall also receive part-time assistance 
from other executive branch departments and agencies. Members shall be 
designated by their departments or agencies on the basis of their 
expertise in the protection of critical infrastructures. IPTF members' 
compensation shall be paid by their parent agency or department.
    (e) The IPTF's function is to identify and coordinate existing 
expertise, inside and outside of the Federal Government, to:
    (i) provide, or facilitate and coordinate the provision of, expert 
guidance to critical infrastructures to detect, prevent, halt, or 
confine an attack and to recover and restore service;
    (ii) issue threat and warning notices in the event advance 
information is obtained about a threat;
    (iii) provide training and education on methods of reducing 
vulnerabilities and responding to attacks on critical infrastructures;
    (iv) conduct after-action analysis to determine possible future 
threats, targets, or methods of attack; and
    (v) coordinate with the pertinent law enforcement authorities during 
or after an attack to facilitate any resulting criminal investigation.
    (f) All executive departments and agencies shall cooperate with the 
IPTF and provide such assistance, information, and advice as the IPTF 
may request, to the extent permitted by law.
    (g) All executive departments and agencies shall share with the IPTF 
information about threats and warning of attacks, and about actual 
attacks on critical infrastructures, to the extent permitted by law.
    (h) The IPTF shall terminate no later than 180 days after the 
termination of the Commission, unless extended by the President prior to 
that date.
    Sec. 9. General. (a) This order is not intended to change any 
existing statutes or Executive orders.
    (b) This order is not intended to create any right, benefit, trust, 
or responsibility, substantive or procedural, enforceable at law or 
equity by a party against the United States, its agencies, its officers, 
or any person.
                                                     William J. Clinton.
    [Ex. Ord. No. 13138, Sec. 3(c), Sept. 30, 1999, 64 F.R. 53880, set 
out as a note under section 14 of the Federal Advisory Committee Act in 
the Appendix to Title 5, Government Organization and Employees, revoked 
``Section 5 and that part of section 6(f) of Executive Order 13010, as 
amended by section 3 of Executive Order 13025, Executive Order 13041, 
sections 1, 2, and that part of section 3 of Executive Order 13064, and 
Executive Order 13077, establishing the Advisory Committee to the 
President's Commission on Critical Infrastructure Protection''.]

      Ex. Ord. No. 13130. National Infrastructure Assurance Council

    Ex. Ord. No. 13130, July 14, 1999, 64 F.R. 38535, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Federal Advisory 
Committee Act, as amended (5 U.S.C. App.), and in order to support a 
coordinated effort by both government and private sector entities to 
address threats to our Nation's critical infrastructure, it is hereby 
ordered as follows:
    Section 1. Establishment. (a) There is established the National 
Infrastructure Assurance Council (NIAC). The NIAC shall be composed of 
not more than 30 members appointed by the President. The members of the 
NIAC shall be selected from the private sector, including private sector 
entities representing the critical infrastructures identified in 
Executive Order 13010 [set out above], and from State and local 
government. The members of the NIAC shall have expertise relevant to the 
functions of the NIAC and shall not be full-time officials or employees 
of the executive branch of the Federal Government.
    (b) The President shall designate a Chairperson and Vice-Chairperson 
from among the members of the NIAC.
    (c) The National Coordinator for Security, Infrastructure Protection 
and Counter-Terrorism at the National Security Council (National 
Coordinator) will serve as the Executive Director of the NIAC.
    (d) The Senior Director for Critical Infrastructure Protection at 
the National Security Council will serve as the NIAC's liaison to other 
agencies.
    (e) Individuals appointed by the President will serve for a period 
of 2 years. Service shall be limited to no more than 3 consecutive 
terms.
    Section 2. Functions. (a) The NIAC will meet periodically to:
    (1) enhance the partnership of the public and private sectors in 
protecting our critical infrastructure and provide reports on this issue 
to the President as appropriate;
    (2) propose and develop ways to encourage private industry to 
perform periodic risk assessments of critical processes, including 
information and telecommunications systems; and
    (3) monitor the development of Private Sector Information Sharing 
and Analysis Centers (PSISACs) and provide recommendations to the 
National Coordinator and the National Economic Council on how these 
organizations can best foster improved cooperation among the PSISACs, 
the National Infrastructure Protection Center (NIPC), and other Federal 
Government entities.
    (b) The NIAC will report to the President through the Assistant to 
the President for National Security Affairs, who shall assure 
appropriate coordination with the Assistant to the President for 
Economic Policy.
    (c) The NIAC will advise the lead agencies with critical 
infrastructure responsibilities, sector coordinators, the NIPC, the 
PSISACs and the National Coordinator on the subjects of the NIAC's 
function in whatever manner the Chair of the NIAC, the National 
Coordinator, and the head of the affected entity deem appropriate.
    (d) Senior Federal Government officials will participate in the 
meetings of the NIAC as appropriate.
    (e) The Department of Commerce shall perform the functions of the 
President under the Federal Advisory Committee Act for the NIAC, except 
that of reporting to the Congress, in accordance with the guidelines and 
procedures established by the Administrator of General Services.
    Section 3. Administration. To the extent permitted by law:
    (a) The NIAC may hold open and closed hearings, conduct inquiries, 
and establish subcommittees as necessary.
    (b) All executive departments and agencies shall cooperate with the 
NIAC and provide such assistance, information, and advice to the NIAC as 
it may request, as appropriate.
    (c) Members of the NIAC shall serve without compensation for their 
work on the NIAC. While engaged in the work of the Council, members will 
be allowed travel expenses, including per diem in lieu of subsistence as 
authorized by law for persons serving intermittently in the Government 
service.
    (d) To the extent permitted by law, and subject to the availability 
of appropriations, the Department of Commerce, through the Critical 
Infrastructure Assurance Office, shall provide the NIAC with 
administrative services, staff, and other support services, and such 
funds as may be necessary for the performance of its functions.
    (e) The Council shall terminate 2 years from the date of this order, 
unless extended by the President prior to that date.
    Section 4. Judicial Review. This order is not intended to create any 
right, benefit, trust, or responsibility, substantive or procedural, 
enforceable at law or equity by a party against the United States, its 
agencies, its officers, or any person.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in section 5196 of this title.
