## Executive Orders

> Executive Order 10995
> Assigning Telecommunications Management Functions

> Executive Order 10997
> Assigning Emergency Preparedness Functions To The Secretary Of The Interior:

> - electric power, petroleum and gas, solid fuels, and minerals
> Executive Order 10998
> Assigning Emergency Preparedness Functions To The Secretary Of Agriculture
> - Food resources, farm equipment, fertilizer, and food resource facilities
> Executive Order 10999
> Assigning Emergency Preparedness Functions To The Secretary Of Commerce
> - transportation, the production and distribution of all materials
> Executive Order 11000
> Assigning Emergency Preparedness Functions To The Secretary Of Labor
> - Manpower management employment stabilization
> Executive Order 11001
> Assigning Emergency Preparedness Functions To The Secretary Of Health, Education, And Welfare
> - health services, civilian health manpower, health resources, welfare services, and educational programs
> Executive Order 11002
> Assigning Emergency Preparedness Functions To The Postmaster General
> - national emergency registration system
> Executive Order 11003
> Assigning Emergency Preparedness Functions To The Administrator Of The Federal Aviation Agency
> - emergency management of the Nation's airports, operating facilities
> Executive Order 11004
> Assigning Certain Emergency Preparedness Functions To The Housing And Home Finance Administrator
> - all aspects of lodging or housing and community facilities
> Executive Order 11005
> Assigning Emergency Preparedness Functions To The Interstate Commerce Commission
> - railroad utilization, motor carrier utilization, inland waterway utilization
> Executive Order 11051
> Prescribing Responsibilities Of The Office Of Emergency Planning In The Executive Office Of The President

> - Executive Order 11490
>   Assigning emergency preparedness functions to Federal departments and agencies

>   Executive Order 12472
>   Assignment of national security and emergency preparedness telecommunications functions

>   - 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:
>   Executive Order 12656
>   Assigmment of Emergency Preparedness Responsibilities
>   - National Security Emergency Preparedness Policy: Continuity of Government
>   Executive Order 12919
>   National Defense Industrial Resources Preparedness
>   1. Identify requirements for national emergencies, including military, industrial, and essential civilian demand
>   2. Assess continually the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of adequate industrial resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;
>   3. Be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate industrial resources and production capability, including services and critical technology for national defense requirements;
>   4. Improve the efficiency and responsiveness, to defense requirements, of the domestic industrial base; and
>   5. Foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, components, and equipment to enhance industrial base efficiency and responsiveness.
>   Executive Order 12938
>   Proliferation Of Weapons Of Mass Destruction
>   - weapons of mass destruction constitutes an unusual and extraordinary threat to the national security, and hereby declare a national emergency to deal with that threat.
>   Executive Order 13074
>   - Amends Executive Order 12656 adding a new section 501(16) regarding Noncombatant Evacuation Operations

>   "The President has the power to seize property, organize and control the means of production, seize commodities, assign military forces abroad, call reserve forces amounting to 2 1/2 million men to duty, institute martial law, seize and control all menas of transportation, regulate all private enterprise, restrict travel, and in a plethora of particular ways, control the lives of all Americans...

>   Most [of these laws] remain a a potential source of virtually unlimited power for a President should he choose to activate them. It is possible that some future President could exercise this vast authority in an attempt to place the United States under authoritarian rule.

>   While the danger of a dictatorship arising through legal means may seem remote to us today, recent history records Hitler seizing control through the use of the emergency powers provisions contained in the laws of the Weimar Republic."

>   --Joint Statement, Sens. Frank Church (D-ID) and Charles McMathias (R-MD) September 30, 1973

>   #### Executive Order 10995

>   ##### ASSIGNING TELECOMMUNICATIONS MANAGEMENT FUNCTIONS

>   WHEREAS telecommunications is vital to the security and welfare of this Nation and to the conduct of its foreign affairs;

>   WHEREAS it is imperative that the United States maintain an efficient and well-planned national and international telecommunications program capable of stimulating and incorporating rapid technological advances being made in the field of telecommunications;

>   WHEREAS the radio spectrum is a critical natural resource which requires elective, efficient and prudent administration in the national interest;

>   WHEREAS it is essential that responsibility be clearly assigned within the executive branch of the Government for promoting and encouraging effective and efficient administration and development of United States national and international telecommunications and for effecting the prudent use of the radio frequency spectrum by the executive branch of the Government;

>   WHEREAS there is an immediate and urgent need for an examination of ways and means of improving the administration and utilization of the radio spectrum as a whole;

>   WHEREAS there is an immediate and urgent need for integrated short and long-range planning with respect to national and international telecommunications programs, for continuing supervision over the use of the radio frequency spectrum by the executive branch of the Government and for the development of national policies in the field of telecommunications;

>   NOW, THEREFORE, as President of the United States and Commander-in-Chief of the armed forces of the United States, and by virtue of the authority vested in me by sections 305 and 606 of the Communications Act of 1934, as amended (47 U.S.C. 305 and 606), and by section 301 of Title 3 of the United States Code, it is hereby ordered as follows:

>   SEC. 1. There is hereby established the position of Director of Telecommunications Management, which position shall be held by one of the Assistant Directors of the Office of Emergency Planning provided for under Reorganization Plan No. 1 of 1958, as amended (72 Stat. 1799).

>   SEC. 2. Subject to the authority and control of the President, the Director of Telecommunications Management shall:

>   1. Coordinate telecommunications activities of the executive branch of the Government and be responsible for the formulation, after consultation with appropriate agencies, of overall policies and standards therefor. He shall promote and encourage the adoption of uniform policies and standards by agencies authorized to operate telecommunications systems. Agencies shall consult with the Director of Telecommunications Management in the development of policies and standards for the conduct of their telecommunications activities within the overall policies of the executive branch.
>   2. Develop data with regard to United States Government frequency requirements.
>   3. Encourage such research and development activities as he shall deem necessary and desirable for the attainment of the objectives set forth in section 6 below.
>   4. Contract for studies and reports related to any aspect of his responsibilities.
>   SEC. 3. The authority to assign radio frequencies to Government agencies, vested in the President by section 305 of the Communications Act of 1934, as amended (47 U.S.C. 305), including all functions heretofore vested in the Interdepartment Radio Advisory Committee, is hereby delegated to the Director of the Office of Emergency Planning, who may redelegate such authority to the Director of Telecommunications Management. Such authority shall include the power to amend, modify, or revoke frequency assignments.

>   SEC. 4. The functions and responsibilities vested in the Director of the Office of Emergency Planning by Executive Order No. 10705 of April 17, 1957, as amended, may be redelegated to the Director of Telecommunications Management Executive Orders No. 10695A of January 16, 1957, and No. 10705, as amended are hereby further amended insofar as they are with the present order. Executive Order No. 10460 of June 16, 1953, is hereby revoked.

>   SEC. 5. The Director of Telecommunications Management shall establish such interagency advisory committees and working groups composed of representatives, interested agencies and consult with such departments and agencies as may be necessary for the most effective performance of his functions. To the extent that he deems it necessary or advisable to continue tile Interdepartment Radio Advisory Committee it shall serve in an advisory capacity to the Director of Management.

>   SEC. 6. In carrying out functions under this order, the Director of Telecommunications Management shall consider the following objectives:

>   1. Full and efficient employment of telecommunications resources in carrying out national policies;
>   2. Development of telecommunications plans, policies, and programs under which full advantage of technological development will accrue to the Nation and the users of telecommunications; and which will satisfactorily serve the national security; sustain and contribute to the full development of world trade and commerce; strengthen the position and serve the best interests of the United States in negotiations with foreign nations; and permit maximum use of resources through better frequency management;
>   3. Utilization of the radio spectrum by the Federal Government in a manner which permits and encourages the most beneficial use thereof in the public interest;
>   4. Implementation of the national policy of development and effective use of space satellites for international telecommunications services.

>   SEC.7. Nothing contained in this order shall be deemed to impair any existing authority or jurisdiction of the Federal Communications Commission.

>   SEC. 8. The Director of Telecommunications Management and the Federal Communications Commission shall assist and give policy advice to the Department of State in the discharge of its functions in the field of international telecommunications policies, positions and negotiations.

>   SEC.9. The Director of Telecommunications Management shall issue such rules and regulations as may be necessary to carry out the duties and responsibilities vested in him by this order or delegated to him wider this order.

>   SEC. 10. All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the Director of Management and to furnish him such information, support and assistance, not inconsistent with the law, as he may require in the performance of his duties.

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   February 16, 1962.

>   Executive Order 10997

>   #### ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF THE INTERIOR

>   By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), it is hereby ordered as follows:

>   SECTION 1. Scope. The Secretary of the Interior (hereinafter referred to as the Secretary) shall prepare national emergency plans and develop preparedness programs covering (1) electric power; (2) petroleum and gas; (3) solid fuels; and (4) minerals. These plans and programs shall be designed to provide a state of readiness in these resource areas with respect to all conditions of national emergency, including attack upon the United States.

>   SEC. 2. Definitions. As used in this order:

>   > (a) The term "electric power" means all forms of electric power and energy, including the generation, transmission, distribution, and utilization thereof.

>   > (b) The term "petroleum" means crude oil and synthetic liquid fuel, their products, and associated hydrocarbons, including pipelines for their movement and facilities specially designed for their storage.

>   > (c) The term "gas" means natural gas (including helium) and manufactured gas, including pipelines for the movement and facilities specially designed for their storage.

>   > (d) The term "solid fuels" means all forms of anthracite, bituminous, sub-bituminous, and lignitic coals, coke, and coal chemicals produced in the coke making process.

>   > (e) The term "minerals" means all raw materials of mineral origin (except petroleum, gas, solid fuels, and source materials as defined in the Atomic Energy Act of 1954, as amended) obtained by mining and like operations and processed through the stages specified and at the facilities designated in an agreement between the Secretary of the Interior and the Secretary of Commerce as being within the emergency preparedness responsibilities of the Secretary of the Interior.

>   SEC. 3. Resource Functions. With respect to the resources defined above, the Secretary shall:

>   > (a) Priorities and allocations. Develop systems for the emergency application of priorities and allocations to the production and distribution of assigned resources.

>   > (b) Requirements. Periodically assemble, develop as appropriate, and evaluate requirements for power, petroleum, gas and solid fuels, taking into account estimated needs for military, civilian, and foreign purposes. Such evaluation shall take into consideration geographical distribution of requirements under emergency conditions.

>   > (c) Resources. Periodically assess assigned resources available from all sources in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas, and develop appropriate recommendations and programs including those necessary for the maintenance of an adequate mobilization base. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

>   > (d) Claimancy. Prepare plans to claim materials, manpower, equipment, supplies and services needed in support of assigned responsibilities and other essential functions of the Department before the appropriate agency, and work with such agencies in developing programs to insure availability of such resources in an emergency.

>   > (e) Minerals development. Develop programs and encourage the exploration, development and mining of strategic and critical minerals for emergency purposes.

>   > (f) Production. Provide guidance and leadership to assigned industries in the development of plans and programs to insure the continuity of production in the event of an attack, and cooperate with the Department of Commerce in the identification and rating of essential facilities.

>   > (g) Stockpiles. Assist the Offices of Emergency Planning in formulating and carrying out plans and programs for the stockpiling of strategic and critical materials, and survival items.

>   > (h) Salvage and rehabilitation. Develop plans for the salvage of stocks and rehabilitation of producing facilities for assigned products after attack.

>   > (i) (Economic Stabilization. Cooperate with the Office of Emergency Planning in the development of economic stabilization policies as they might affect the power, fuels and assigned minerals supply, production, and marketing programs, and the conservation of essential commodities in an emergency, including rationing of power and fuel.

>   > ( j ) Financial aid. Develop plans and procedures for financial and credit assistance to producers, processors, and distributors who might need such assistance in various mobilization conditions.

>   SEC. 4. Cooperation with the Department of Defense. In consonance national civil defense plans, programs and operations of the Department of Defense, under Executive Order No. 10952, the Secretary shall:

>   > (a) Facilities protection. Provide protection industry protection guidance material adapted to needs of industries concerned with assigned products, and promote a national program to stimulate disaster preparedness and control in order to minimize the effects of overt or covert attack and maintain continuity of production and capacity to serve essential users in an emergency. Guidance shall include but not be limited to: organizing and training, facility personnel, personnel shelters, evacuation plans, records protection, continuity of management, emergency repair, deconcentration or dispersal of facilities, and mutual aid associations for emergency.

>   > (b) Chemical, biological and radiological warfare. Provide for the detection, identification, monitoring and reporting of chemical, biological and radiological agents at selected facilities operated or controlled by the Department of the Interior.

>   > (c) Damage assessment. Maintain a capability to assess the effects of attack on assigned products, producing facilities, and department installations both at national and field levels, and provide data to the Department of Defense.

>   SEC. 5. Research. Within the framework of Federal research objectives, the Secretary shall supervise or conduct research directly concerned with carrying out emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving the Department's interest.

>   SEC. 6. Functional Guidance. The Secretary, in carrying out the functions assigned in this order, shall be guided by the following:

>   > (a) Interagency cooperation. The Secretary shall assume the initiative in developing joint plans for the coordination of emergency fuel, energy, and assigned mineral programs of those departments and agencies which have the responsibility for any segment of such activities. He shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements.

>   > (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in coordinating the performance of functions under this order with the total national preparedness program.

>   > (c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Department of the Interior on the basis that it will have the responsibility for carrying out such programs during an emergency. The Secretary shall be prepared to implement all appropriate plans developed under this order. Modifications, and temporary organizational changes, based on emergency conditions, will be in accordance with policy determination by the President.

>   SEC. 7. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

>   SEC. 8.Redelegation. The Secretary is hereby authorized to redelegate within the Department of the Interior the functions hereinabove assigned to him.

>   SEC. 9. Prior Actions. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 7 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 669-660), is hereby revoked.

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   February 16, 1962.

>   Executive Order 10998

>   #### ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF AGRICULTURE

>   By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), it is hereby ordered as follows:

>   SECTION 1. Scope. The Secretary of Agriculture (hereinafter referred to as the Secretary) shall prepare national emergency plans and develop preparedness programs covering: Food resources, farm equipment, fertilizer, and food resource facilities, as defined below; rural fire control; defense against biological warfare, chemical warfare, and radiological fallout pertaining to agricultural activities; and rural defense information and education. These plans and programs shall be designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States.

>   SEC. 2. Definitions. As used in this order:

>   > (a) "Food resources" means all commodities and products, simple, mixed or compound, or complements to such commodities or products, that are capable of being eaten or drunk, by either human beings or animals' irrespective of other uses to which such commodities or products may be. put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. For the purposes of this order the term "food resources" shall also include all starches, sugars, vegetable and animal fats and oils, cotton, tobacco, wool, mohair, hemp, flax fiber, and naval stores, but shall not include any such material after it loses its identity as an agricultural commodity or agricultural product.

>   > (b) "Farm equipment" means machinery, equipment and repair parts manufactured primarily for use on farms in connection with the production or preparation for market or use of "food resources."

>   > (c) "Fertilizer" means any product or combination of products for plant nutrition in form for distribution to the users thereof.

>   > (d) "Food resource facilities" means plants, machinery, vehicles (including on farm) and other facilities for the production, processing, distribution and storage (including cold storage) of food resources, and for domestic distribution of farm equipment and fertilizer.

>   SEC. 3. Food Function. With respect to food resources, food resource facilities, farm equipment, and fertilizer the Secretary shall:

>   > (a) Resources. Periodically assess assigned resources available from all sources in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas, and develop appropriate recommendations and programs including those necessary for the maintenance of an adequate mobilization base. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

>   > (b) Requirements. Periodically assemble, develop as appropriate, and evaluate requirements for assigned resources and service, taking into account the estimated needs for military, civilian, and foreign purposes. Such evaluation shall take into consideration the geographical distribution of requirements under emergency conditions.

>   > (c) Priorities and allocations. Develop priorities, allocations and distribution control systems and related plans to insure that available food resources are properly apportioned among and distributed to civilian, military and foreign claimants in an emergency and develop priorities, allocations and distribution control systems and related plans for the domestic distribution of farm equipment and fertilizer.

>   > (d) Production and processing. Develop control systems and related plans including control of use of facilities designed to provide adequate and continuing production, processing and storage of essential food resources in an emergency.

>   > (e) Salvage and rehabilitation. Develop plans for salvage of food resources after determination by proper authorities having the responsibility for this function, of their safety for human or animal consumption anti develop plans for the rehabilitation of food resource facilities after attack.

>   > (f) Economic stabilization. Cooperate with the Office of Emergency Planning in the development of stabilization policies as they might affect agricultural production, processing, distribution, and storage, and in tile development of policies for consumer rationing of food resources.

>   > (g) Financial aid. Develop plans and procedures for financial and credit assistance for farmers who might need such assistance under various mobilization conditions, and provide assistance to food industries in obtaining necessry financing and credit in an emergency.

>   SEC. 4. Cooperation with Department of Defense. In consonance with national civil defense plans, programs and operations of the Department of Defense, under Executive Order No. 10952, the Secretary shall:

>   > (a) Facilities protection. Provide industry protection guidance materials adapted to the needs of assigned food resources facilities and promote a national program to stimulate disaster preparedness and control in order to minimize the effects of overt or covert attack, and to maintain continuity of production and capacity to serve essential users in an emergency. Guidance shall include, but not be limited to, organizing and training facility personnel shelter, evacuation plans, records protection, continuity of management, emergency repair, deconcentration or dispersal of facilities, and industrial mutual :lid associations for an emergency.

>   > (b) Rural fire functions. In cooperation with Federal, State and local agencies, develop plans for a national program and direct activities in relationship to the prevention and control of fires in the rural areas in the United States caused by the effects of enemy attack.

>   > (c) Biological, chemical, and radiological warfare defense functions. Develop plans for a national program, direct Federal activities, and furnish technical guidance to State and local authorities concerning

>   > > (1) diagnosis and strengthening of defensive barriers and control or eradication of diseases, pests, or chemicals introduced as agents of biological or chemical warfare against animals, crops or products thereof;

>   > > (2) protective measures, treatment and handling of livestock, including poultry, agricultural commodities on farms or ranches, agricultural lands, forest lands, and water for agricultural purposes, any of which have been exposed to or affected by radiation. Plans shall be developed for a national program and direction of Federal activities to assure the safety and wholesomeness and to minimize losses from biological and chemical warfare radiological effects, and other emergency hazards of livestock, meat and meat products, poultry and poultry products in establishments under the continuous inspection of the U.S. Department of Agriculture, and agricultural commodities and products owned by the Commodity Credit Corporation or by the Secretary.

>   > (d) Rural flefense information and education. Conduct a rural defense information and education program to advise farmers that they will have a responsibility to produce food of the kind and quantity needed in an emergency and shall work with farmers and others in rural areas to reduce the vulnerability of hollies, crops, livestock, and forests, to either overt or covert attack.

>   > (e) Damage assessment. Maintain a capability to assess the effects of attack on assigned resource areas and departmental installations, both at national and field levels, and provide data to the Department of Defense.

>   SEC. 5. Claimancy. The Secretary shall prepare plans to claim materials, manpower, equipment, supplies and services which would be needed to carry out assigned responsibilities and other essential functions of the Department from the appropriate agency and work with such agencies in developing programs to insure availability of such resources Ill an emergency.

>   SEC. 6. Stockpiles. The Secretary shall assist the Office of Emergency Planning in formulating and carrying out plans for stockpiling strategic and critical materials. In the administration of Commodity Credit Corporation inventories of food resources shall take all possible measures to assure the availability of such inventories when and where needed in an emergency. The secretary shall also develop plans and procedures for the proper utilization of agriculture items stockpiled for survival purposes.

>   SEC. 7. National Program Guidance. The Secretary shall provide technical guidance to State and local governments to the end that all planning concerned with functions assigned herein will be effectively coordinated. He shall also maintain relations with the appropriate industries to foster mutual understanding of Federal emergency plans.

>   SEC. 8. Research. Within the framework of over-all Federal research objectives, the Secretary shall supervise or conduct research directly concerned with carrying out emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups' and provide advice and assistance to other agencies in planning for research in areas involving the interests of the Department of Agriculture.

>   SEC. 9. Functional Guidance. The Secretary, in carrying out the functions assigned in this order, shall be guided by the following:

>   > (a) Interagency cooperation. The Secretary shall assume the initiative in developing joint plans for the coordination of emergency food resources of those departments and agencies which have the responsibility for any segment of such activities. He shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements.

>   > (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in coordinating the performance of functions under this order with the total national preparedness program.

>   > (c) Emergency planning. Emergency plans and programs and emergency or organization structure required thereby, shall be developed as an integral part of the continuing activities of the Department of Agriculture and the basis that it will have the responsibility for carrying out such programs during an emergency. The Secretary shall be prepared to implement all appropriate plans developed under this order. Modifications and-temporary organizational changes, based on emergency conditions, will be in accordance with policy determination by the President.

>   SEC. 10. Emergency Functions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

>   SEC. 11. Redelegation. The Secretary is hereby authorized to redelegate within the Department of Agriculture the functions hereinabove assigned to him.

>   SEC. 12. Prior Actions. To the extent of any inconsistency between the provisions of ,any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 1 (hereto issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 651-652). is hereby revoked.

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   February 16, 1962.

>   Executive Order 10999

>   #### ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF COMMERCE

>   By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), it is hereby ordered as follows:

>   SECTION 1. Scope. The Secretary of Commerce (hereinafter referred to as the Secretary) shall prepare national emergency plans and develop preparedness programs covering:

>   > (a) Development and coordination of over-all policies, plans, and procedures for the provision of a centralized control of all modes of transportation in an emergency for the movement of passenger and freight traffic of all types, and the determination of the proper apportionment and allocation of the total civil transportation capacity, or any portion thereof, to meet over-all essential civil and military needs.

>   > (b) Federal emergency operational responsibilities with respect to: highways, roads, streets, bridges, tunnels, and appurtenances; highway traffic regulation; allocation of air carrier aircraft for essential military and civilian operations; ships in coastal and intercoastal use and ocean shipping, ports and port facilities; and the Saint Lawrence Seaway; except those elements of each normally operated or controlled by the Department of Defense.

>   > (c) The production and distribution of all materials, the use of all production facilities, the control of all construction materials, and the furnishing of basic industrial services except the following:

>   > > (1) Production and distribution of and use of facilities for petroleum, solid fuels, gas, and electric power;

>   > > (2) Production, processing, distribution and storage of food resources and the use of food resource facilities for such production, processing, distribution, and storage;

>   > > (3) Domestic distribution of farm equipment and fertilizer;

>   > > (4) Use of communications services and facilities, housing, and lodging facilities, and health and welfare facilities;

>   > > (5) Production, and related distribution, of minerals defined as all raw materials of mineral origin (except petroleum, gas, solid fuels, and source materials as defined in the Atomic Energy Act of 1954, as amended) obtained by mining and like operations and processed through the stages specified, and at the facilities designated in an agreement between the Secretary of Commerce and the Secretary of the Interior as being within the emergency preparedness responsibilities of the Secretary of the Interior, and the construction and use of facilities designated as within the responsibilities of the Secretary of the Interior;

>   > > (6) Distribution of items in the supply systems of, or controlled by the Department of Defense and the Atomic Energy Commission, and

>   > > (7) Construction and use of civil aviation facilities.

>   > (d) Fallout forecasting based on current weather data.

>   > (e) Collection and reporting of census data for emergency planning purposes. These plans and programs shall be designed to develop a state of readiness in those areas with respect to all degrees of national emergency, including attack upon the United States.

>   SEC. 2. Transportation Planning and Coordination Function. The Secretary shall develop long range programs designed to integrate the mobilization requirements for movement of all forms of commerce with all forms of national and international transportation systems including air, ground, water, and pipelines, in an emergency; more particularly he shall:

>   > (a) Resources and requirements. Obtain, assemble, analyze, and evaluate data on the requirements of all claimants for all types of civil transportation to meet the needs of the military and of the civil economy. Consolidate, evaluate, and interpret both current and projected resources and requirements data developed by all Federal agencies concerned with moving passengers or cargo by all modes of transportation for the purpose of initiating actions designed to stimulate government and industry actions to improve the peacetime structure of the transportation system for use in an emergency.

>   > (b) Economic projections. Conduct a continuing analysis of transportation problems and facilities in relation to long-range economic projections for the purpose of recommending incentive and/or regulatory programs designed to bring all modes of transportation in balance with each other, with current economic conditions, projected peacetime conditions, and with emergency conditions.

>   > (c) Passenger and cargo movement. Develop plans and procedures which would provide for the central collection and analysis of passenger and cargo movement demands of both shipper and user agencies as they relate to the capabilities of various transport modes in existence at the time, control or delegate control of the priority of movement of passengers and cargo for all modes of transportation by mode or within a mode and develop policies, standards and procedures for emergency enforcement of controls through the use of means such as education, incentives, embargoes, permits, sanctions, clemency policies, etc.

>   > (d) Emergency transportation functions. In consonance with plans developed by other agencies assigned operational responsibilities in the transportation program, develop plans for and be prepared to provide the administrative facilities for performing emergency transportation functions when required by the President.

>   SEC. 3. Transportation Operations Planning Functions. The Secretary shall develop plans and procedures in consonance with international treaties and in cooperation with other Federal agencies, the States and their political subdivisions to:

>   > (a) Highways and streets. Adapt and develop highway and street systems to meet emergency requirements and provide procedures for their repair, restoration, improvement, revision and use as an integral part of the transportation system in an emergency.

>   > (b) Ocean shipping and ports. To plan for the operation and control of Federal activities concerned with:

>   > > (1) Shipping allocation. Allocation of merchant shipping to meet all national requirements including those for military, foreign assistance, and emergency procurement programs, and those essential to the civilian economy. The term "merchant shipping" and the term "ocean shipping" as used herein include all coastwise and intercoastal, and Great Lakes shipping except that solely engaged in the transportation of passenger and cargo between United States ports.

>   > > (2) Ship acquisition. Provision of ships for ocean shipping by purchase, charter, or requisition, by breakout from the national defense reserve fleet, and by construction.

>   > > (3) Operations. Operation of ocean shipping directly or indirectly.

>   > > (4) Traffic control. Provision for the control of traffic through port areas to assure an orderly and continuous flow of such traffic. The term "port area(s)" as used herein includes any zone contiguous to or associated in the traffic network of an ocean or Great Lakes port, or outport location, including beach loading sites, within which facilities exist for the transshipment of persons and property between domestic carriers and carriers engaged in coastal, intercoastal, and overseas transportation.

>   > > (5) Traffic priority. Administration of priorities for the movement of traffic through port areas.

>   > > (6) Port allocation. Allocation of available ports and port facilities to meet the needs of the Nation and our allies. The term "port facilities" as used herein includes all port facilities (including the Great Lakes), port equipment including harbor craft, and port services normally used in accomplishing the transfer or interchange of cargo and passengers between ocean-going vessels and other media of transportation or in connection therewith.

>   > > (7) Support activities. Performance of supporting activities needed to carry out the above functions, such as: ascertaining national requirements for ocean shipping including those for military and other Federal programs and those essential to the civilian economy, maintenance, repair, and arming of ships, recruitment, training, and assignment of officers and seamen; procurement, warehousing, and issuance of ships stores, supplies, equipment, and spare parts; supervision of stevedoring and bunkering; management of terminals, shipyards, and other facilities; and maintenance, restoration, and provision of port facilities.

>   > (c) Air carrier civil air transportation. Develop plans for a national program to utilize the air carrier civil air transportation capacity and equipment, both domestically and internationally, in a national emergency, particularly in the following areas concerned with:

>   > > (1) Requirements. Obtaining from the Department of Defense, Civil Aeronautics Board, or other agencies, and analyzing requirements for the services of air carrier aircraft for essential military and civilian use.

>   > > (2) Allocation. Allocation of air carrier aircraft to meet the needs of the Department of Defense for military operations and the Civil Aeronautics Board for essential civilian needs. SEC. 4. Production Functions. Within the areas designated in section 1 (c) hereof, the Secretary shall:

>   > > > (a) Requirements. Periodically assemble, develop as appropriate, and evaluate estimated requirements for assigned resources and services taking into account the estimated needs for military, civilian, and foreign purposes. Such evaluation shall take into consideration geographical distribution of requirements in an emergency.

>   > > > (b) Resources. Periodically assess assigned resources available from all sources in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas, and develop appropriate recommendations and programs including those necessary for the maintenance of an adequate mobilization base. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

>   > > > (c) Priorities and allocations. Develop priorities, allocation, production, and distribution control systems, including provisions for other Federal departments and agencies, as appropriate, to serve as allotting agents for materials made available under such systems for construction and operation of facilities assigned to them.

>   > > > (d) New construction. Develop procedures by which new production facility construction proposals will be reviewed for appropriate location in the light of such area factors as locational security, availability of labor, water, housing, and other requirements.

>   > > > (e) Industry evaluation. Identify and rate those products and services, and their producing or supporting facilities, which are of exceptional importance to mobilization readiness, national defense, or post-attack survival and recovery.

>   > > > (f) Production capability. Analyze potential effects of attack on actual production capability, taking into account the entire production complex including shortages of resources, and conduct studies as a basis for recommending pre-attack measures that would strengthen capabilities for post-attack production.

>   > > > (g) Stockpiles. Assist the Office of Emergency Planning in formulating and carrying out plans for stockpiling of strategic and critical materials, and essential survival items.

>   > > > (h) Essential activities. Maintain lists of activities essential to defense production and to minimum requirements of the civilian economy, such lists to be used in conjunction with lists of critical occupations.

>   > > > (i) Financial aid. Develop plans and procedures for financial aids and incentives, including credit assistance to producers, processors, and distributors of those industries included in section 1(c) hereof, who might need such assistance in various mobilization conditions, particularly those resulting from attack.

>   > > > (j) Salvage and rehabilitation. Develop plans for the salvage of stocks and rehabilitation of assigned products and facilities after attack.

>   SEC. 5. Economic Stabilization. The Secretary shall cooperate with the Office of Emergency Planning in the development of suitable economic stabilization measures providing continuing guidance to the States, their political subdivisions, manufacturers, processors, and the public on the use and conservation of essential commodities in an emergency including rationing.

>   SEC. 6. Cooperation with Department of Defense. In consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, the Secretary shall:

>   > (a) Facilities protection. Provide industry protection guidance materials adapted to the needs of assigned facilities and promote a national program to stimulate disaster preparedness and control in order to minimize the effects of overt or covert attack, and to maintain continuity of production and capacity to serve essential users in an emergency. Guidance shall include, but not be limited to, organizing and training facility personnel, personnel shelter, evacuation plans, records protection, continuity of management, emergency repair, deconcentration or dispersal of critical facilities, and industrial mutual aid associations for emergency.

>   > (b) Public roads control. Develop plans for a national program, in cooperation with all Federal, State and local government units or other agencies concerned, for technical guidance to States and direction of Federal activities relating to highway traffic control problems which may be created during an emergency; and plans for barricading and/or marking streets and highways, leading into or out of restricted fallout areas, for the protection of the public by external containment of traffic through hazardous areas.

>   > (c) Weather function. Prepare and issue currently, as well as in an emergency, forecasts and estimates of areas likely to be covered by fallout in event of attack and make this information available to the Federal, State, and local authorities for public dissemination.

>   > (d) Monitoring. Provide for the detection, identification, monitoring, and reporting of chemical, biological and radiological agents at facilities operated or controlled by the Department of Commerce.

>   > (e) Damage assessment. Maintain a capability to assess the effects of attack on assigned resource areas and departmental installations, other facilities; and maintenance, restoration, and provision of port facilities.

>   SEC. 7. Claimancy. The Secretary shall prepare plans to claim supporting materials, manpower, equipment, supplies and services which would be needed to carry out assigned responsibilities and other essential functions of the Department from the appropriate agency and shall work with such agencies in developing programs to insure availability of such resources in an emergency.

>   SEC. 8. Census Data. The Secretary shall provide for the collection and reporting of census information on the status of human and economic resources including population, housing, agriculture, manufacture, mineral industries, business, transportation, foreign trade, construction, and governments, as required for emergency planning purposes.

>   SEC. 9. Research. Within the framework of Federal research objectives, the Secretary shall supervise or conduct research in areas directly concerned with carrying out his emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving the Department's interest.

>   SEC. 10. Functional Guidance. The Secretary, in carrying out the functions assigned in this order, shall be guided by the following:

>   > (a) Interagency cooperation. The Secretary shall assume the initiative in developing joint plans for the coordination of transportation and production programs which involve other departments and agencies which have responsibilities for any segment of such activities. He shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements.

>   > (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in, coordinating the performance of functions under this order with the total national preparedness program.

>   > (c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Department of Commerce on the basis that it will have the responsibility for carrying out such programs during an emergency. The Secretary shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, will be in accordance with policy determination by the President.

>   SEC. 11. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

>   SEC. 12. Redelegation. The Secretary is hereby authorized to redelegate within the Department of Commerce the functions hereinabove assigned to him.

>   SEC. 13. Prior Action. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 2 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 653-654), is hereby revoked.

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   February 16, 1962.

>   Executive Order 11000

>   #### ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF LABOR

>   SECTION 1. Scope. The Secretary of Labor (hereinafter referred to as the Secretary) shall prepare national emergency plans and develop preparedness programs covering civilian manpower mobilization, more effective utilization of limited manpower resources including specialized personnel, wage and salary stabilization, worker incentives and protection, manpower resources and requirements, skill development and training, research, labor-management relations, and critical occupations. These plans and programs shall be designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States.

>   SEC. 2. Functions. The Secretary shall:

>   > (a) Civilian manpower mobilization. Develop plans and issue guidance designed to utilize to the maximum extent civilian manpower resources, such plans and guidance to be developed with the active participation and assistance of the States and local political subdivisions thereof, and of other organizations and agencies concerned with the mobilization of the people of the United States. Such plans shall include, but not necessarily be limited to:

>   > > (1) Manpower management. Recruitment, selection and referral, training, employment stabilization (including appeals procedures), proper utilization, and determination of the skill categories critical to meeting the labor requirements of defense and essential civilian activities.

>   > > (2) Priorities. Procedures for translating survival and production urgencies into manpower priorities to be used as guides for allocating available workers.

>   > > (3) National guidance. Technical guidance to States for the utilization of the nationwide system of public employment offices and other appropriate agencies for screening, recruiting, and referring workers, and for other appropriate activities to meet mobilization and civil defense needs in each community.

>   > > (4) Improving mobilization base. Programs for more effective utilization of limited manpower resources, and in cooperation with other appropriate agencies, programs for recruitment, training, allocation, and utilization of persons possessing specialized competence or aptitude in acquiring such competence.

>   > (b) Wage and salary stabilization. Develop plans and procedures for wage and salary stabilization and for the national and field organization necessary for the administration of such a program in an emergency, including investigation, compliance and appeals procedures; statistical studies of wages, salaries and prices for policy decisions and to assist operating stabilization agencies to carry out their functions.

>   > (c) Worker incentives and protection. Develop plans and procedures for wage and salary compensation and death and disability compensation for authorized civil defense workers and, as appropriate, measures for unemployment payments, re-employment rights, and occupational safety, and other protection and incentives for the civilian labor force during an emergency.

>   > (d) Resources. Periodically assess manpower resources in total, by specific skills categories and occupations, and by geographical locations, in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas, and develop appropriate recommendations and programs. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

>   > (e) Requirements. Develop, in coordination with manpower-usage agencies, plans, procedures and standards for presenting claims for civilian manpower, periodically obtain and analyze or make estimates of requirements for manpower, in total and by specific skill categories and occupations currently and for any emergency, taking into account the estimates of needs for military and civilian purposes; and advise other agencies on the manpower implications of alternative program decisions. Such evaluation shall take into consideration the geographical distribution of requirements under emergency conditions.

>   > (f) Claimancy. Prepare plans to claim materials, equipment, supplies and services needed in support of assigned responsibilities and other essential functions of the Department from appropriate agencies and work with such agencies in developing programs to insure the availability of such resources in an emergency.

>   > (g) Skill development and training. Initiate current action programs to overcome or offset present or anticipated manpower deficiencies including those identified as a result of resources and requirements studies.

>   > (h) Labor-management relations. Develop, after consultation with the Department of Commerce, the Department of Defense, the National Labor Relations Board, the Federal Mediation and Conciliation Service, the National Mediation Board, and other appropriate agencies and groups including representatives of labor and management, plans and procedures including organization plans for the maintenance of effective labor-management relations during a national emergency.

>   > (i) Damage assessment. Maintain a capability to assess the effects of attack upon manpower resources, departmental installations, and State Employment Security agencies, both at national and field levels, and provide data to the Department of Defense.

>   > (j) Critical occupations. Develop and maintain a list of critical occupations for use, when appropriate, with lists of essential activities as developed by the Department of Commerce. With the Secretary of Defense, the Director of Selective Service System, and such other persons as the President may designate, the Secretary shall develop policies applicable to the deferment of registrants whose employment in occupations or activities is necessary to the maintenance of the national health, safety, or interest.

>   SEC. 3. Research. Within the framework of Federal research objectives, supervise or conduct research directly concerned with carrying out emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving the Departments interest.

>   SEC. 4. Functional Guidance. The Secretary, in carrying out the functions assigned in this order, shall be guided by the following:

>   > (a) Interagency cooperation. The Secretary shall assume the initiative in developing over-all civilian manpower mobilization programs and in coordinating the programs of other departments and agencies which have responsibility for any segment of such activities. I shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements. Such programs shall be in consonance with national civil defense plans, programs and operations of the Department of Defense under Executive Order No. 10952.

>   > (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in coordinating the performance of functions under this order with the total national preparedness program.

>   > (c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Department of Labor on the basis that it will have the responsibility for carrying out such programs during an emergency. The Secretary shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, will be in accordance with policy determination by the President.

>   SEC. 5. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

>   SEC. 6. Redelegation. The Secretary is hereby authorized to redelegate within the Department of Labor the functions hereinabove assigned to him.

>   SEC. 7. Prior Actions. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 8 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 660-661), is hereby revoked.

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   February 16, 1962.

>   Executive Order 11001

>   #### ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE

>   By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958, it is hereby ordered as follows:

>   SECTION 1. Scope. The Secretary of Health, Education, and Welfare (hereinafter referred to as the Secretary) shall prepare national emergency plans and develop preparedness programs covering health services, civilian health manpower, health resources, welfare services, and educational programs as defined below. These plans and programs shall be designed to develop a state of readiness in these areas with respect to all conditions of national emergency including attack upon the United States.

>   SEC. 2. Definitions. As used in this order:

>   > (a) "Emergency health services" means medical and dental care for the civilian population in all of their specialties and adjunct therapeutic fields, and the planning, provision and operation of first aid stations, hospitals, and clinics; preventive health services, including detection, identification and control of communicable diseases, their vectors, and other public health hazards, inspection and control of purity and safety of food, drugs and biologicals; food and milk sanitation; public water supplies; sewage and other waste disposal; registration and disposal of the dead; prevention and alleviation of water pollution; vital statistics services; preventive and curative care related to human exposure to radiological, chemical, and biological warfare agents; and rehabilitation and. related services for disabled survivors. It shall be understood that health services, for the purposes of this order, do not encompass the following areas for which the Department of Agriculture has responsibility: plant and animal diseases and pest prevention, control and eradication, protection of meat and meat products, and poultry and poultry products in establishments under continuous inspection service by the Department of Agriculture, veterinary biologicals, agricultural commodities and products owned by the Commodity Credit Corporation or the Secretary of Agriculture, livestock, agricultural commodities owned or harvestable on farms and ranches, agricultural lands, and registration of pesticides.

>   > (b) '"Health manpower" means physicians (including osteopaths); dentists; sanitary engineers; registered professional nurses; and such other occupations as may be included in the List of Health Manpower Occupations issued for the purposes of this Executive Order by the Director of the Office of Emergency Planning after agreement by the Secretary of Labor and the Secretary of Health, Education, and Welfare.

>   > (c) "Health resources" means manpower, material, and facilities required to prevent the impairment of, improve, and restore the physical and mental health conditions of the civilian population.

>   > (d) "Emergency welfare services" means feeding; clothing; housing or lodging in private and congregate facilities; registration; locating and reuniting families; care of unaccompanied children, the aged, the handicapped, and other groups needing specialized care or service; necessary financial or other assistance; counseling and referral services to families and individuals; aid to welfare institutions under national emergency or post-attack conditions; and all other feasible welfare aid and services to people in need during a civil defense emergency. Such measures include organization, direction, and provision of services to be instituted before attack, in the event of strategic or tactical evacuation, and after attack in the event of evacuation or of refuge in shelters.

>   > (e) "Education," as used in this order, means the utilization of formal public and private school systems, from elementary through college, for the dissemination of instructional material guidance, and training in the protection of life and property from enemy attack.

>   SEC. 3. Health Functions.With respect to emergency health services, as defined above, and in consonance with national civil defense plans, programs and operations of the Department of Defense under Executive Order No. 10952, the Secretary shall:

>   > (a) National program guidance. Develop plans and issue guidance designed to utilize to the maximum extent the existing civilian health resources of the Federal Government, and with their active participation, assistance, and consent, the health resources of the States and local political subdivisions thereof, and of other civilian organizations and agencies concerned with the health of the population, under all conditions of national emergency. Maintain relations with health professions and institutions to foster mutual understanding of Federal emergency plans which affect health activities.

>   > (b) Professional training. Develop and direct a nationwide program to train health manpower both in professional and technical occupational content and in civil defense knowledge and skills. Develop and distribute health education material for inclusion in the curricula of schools, colleges, professional schools, government schools, and other educational facilities throughout the United States. Develop and distribute civil defense information relative to health services to States, voluntary agencies and professional groups.

>   > (c) Emergency water supply. Prepare plans to assure the provision of usable public water supplies for essential community uses in an emergency. This shall include inventorying existing supplies, developing new sources, performing research, setting standards, and planning distribution. In carrying on these activities, the Department shall have primary responsibility but will make maximum use of the resources and competence of State and local authorities and of other Federal agencies.

>   > (d) Radiation. Develop and coordinate programs of radiation measurement and assessment as may be necessary to carry out the responsibilities involved in the provision of emergency health services.

>   > (e) Biological and chemical warfare. Develop and coordinate programs for the prevention, detection, and identification of human exposure to chemical and biological warfare agents as may be necessary to carry out the responsibilities involved in the provision of emergency health services including the provision of guidance and consultation to Federal, State, and local authorities on measures for minimizing the effects of biological or chemical warfare.

>   > (f) Food, drugs, and biologicals. Plan and direct national programs for the maintenance of purity and safety in the manufacture and distribution of food, drugs, and biologicals in an emergency.

>   > (g) Disabled Survivors. Prepare national plans for emergency operations of vocational rehabilitation and related agencies, and for measures and resources necessary to rehabilitate and make available for employment those disabled persons among the surviving population.

>   > (h) Salvage and rehabilitation. Develop plans for salvage of supplies and equipment and rehabilitation of health services, supplies, and facilities after attack.

>   SEC. 4. Welfare Functions. With respect to emergency welfare services as defined above, and in consonance with national civil defense plans, programs and operations of the Department of Defense under Executive Order No. 10952, the Secretary shall:

>   > (a) National program guidance. Develop plans and issue guidance for an integrated national program for emergency welfare services and, working with other Federal departments and agencies, provide for extending guidance and technical assistance to State and local welfare departments in the development and operation of their plans for the community organization of emergency welfare services.

>   > (b) Federal support. Cooperate in the development of Federal support procedures, through joint planning with other departments and agencies, including but not limited to the Post Office Department, the Department of Labor, and the Selective Service System, the Housing and Home Finance Agency, and resource agencies including the Department of Agriculture, the Department of the Interior, and the Department of Commerce for logistic support of State and community welfare services in an emergency.

>   > (c) Emergency welfare training. Develop and direct a nationwide program to train emergency welfare manpower for the execution of the functions set forth in this order, develop welfare educational materials, including self-help program materials for use with welfare organizations and professional schools, and develop and distribute civil defense information relative to emergency welfare services to States, voluntary agencies, and professional groups.

>   > (d) Financial aid. Develop plans and procedures for financial assistance to individuals injured or in want as a result of enemy attack and for welfare institutions in need of such assistance in an emergency.

>   > (e) Professional liaison. Maintain relations with national voluntary welfare organizations and related national professional and business organizations to foster mutual understanding and support of emergency welfare plans and activities.

>   SEC. 5. Education Functions. With respect to education as defined above, and in consonance with national civil defense plans, programs and operations of the Department of Defense under Executive Order No. 10952, the Secretary shall develop and issue through appropriate channels instructional materials and provide suggestions and guidance to assist schools, colleges, and other educational agencies to incorporate emergency protective measures and long-range civil defense concepts into their programs. This involves assistance to various levels of education to develop an understanding of the role of the individual, family, and community for civil defense in the nuclear age, as well as the maintenance of relations with educators, national and State education associations, foundations, and other related organizations to foster mutual understanding and support of civil defense activities.

>   SEC. 6. Facilities Protection and Damage Assessment. In consonance with the national civil defense plans, programs and operations of the Department of Defense under Executive Order No. 10952, the Secretary shall:

>   > (a) Facilities protection. Provide industry protection guidance material adapted to the needs of health, welfare, and education facilities and promote a national program to stimulate, guide, and assist facilities such as hospitals, clinics, public water plants, waste disposal plants and facilities for other emergency health services, welfare institutions, and schools in methods of disaster preparedness and control in order to minimize the effects of overt or covert attack and maintain continuity of capacity to serve the public in an emergency. Guidance and assistance shall include but not be limited to: organizing and training facility employees, employee shelter, evacuation plans, records protection, continuity of management, emergency repair, deconcentration or dispersal of facilities, and the organization of mutual aid associations for emergency.

>   > (b) Damage assessment. Maintain a capability to assess the effects of attack on health, welfare, and education facilities and personnel both at national and field levels and provide data to the Department of Defense. SEC. 7. Resources. The Secretary shall periodically assess assigned resources available from all sources in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas and develop appropriate recommendations and programs. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

>   SEC. 8. Relative Urgencies. The Secretary shall develop standards and relative urgencies for emergency health and welfare services for guidance of Federal agencies, States, and communities in providing maximum protection to survivors, and for the purpose of conserving, improving availability, and allocating such resources.

>   SEC. 9. Requirements. The Secretary shall periodically assemble, develop as appropriate, and evaluate requirements for assigned resources and services, taking into account the estimated needs for military as well as civilian purposes. Such evaluations shall take into consideration the geographical distribution of requirements under emergency conditions.

>   SEC. 10. Claimancy. The Secretary shall prepare plans to claim materials, manpower, equipment, supplies and services needed to carry out assigned responsibilities and other essential functions of the Department, from the appropriate agency and work with such agencies in developing programs to insure availability of such resources in an emergency.

>   SEC. 11. Stockpiles. The Secretary shall assist the Office of Emergency Planning in formulating and carrying out stockpiling of strategic and critical materials and survival items. The Secretary shall also plan and direct the procurement, storage, maintenance, inspection, survey, distribution, and utilization of essential supplies and equipment for emergency health services.

>   SEC. 12. Research. Within the framework of Federal research objectives, the Secretary shall supervise or conduct research in areas directly concerned with carrying out emergency preparedness responsibilities for health, education, and welfare programs. With respect to the emergency health and welfare services assignment, this is defined as, but not limited to

>   > (1) development of medical means for the prevention and care of casualties (including those from thermonuclear weapons, radiation exposure, and biological and chemical warfare, as well as from other weapons);

>   > (2) research in preventive medicines, basic biology and environmental sanitation directed to maintaining the health of noncasualty population;

>   > (3) pre-attack and post-attack target research in health services;

>   > (4) protection of resources and protocol essential to carrying out long term basic and applied research in the post-attack period; and

>   > (5) the development of techniques for the most efficient utilization of civilian health manpower. Designate representatives for necessary ad hoc or task force groups and provide advice and assistance to other agencies in planning for research in areas involving the Department's interest.

>   SEC. 13. Functional Guidance. The Secretary, in carrying out the functions assigned in this order, shall be guided by the following:

>   > (a) Interagency cooperation. The Secretary shall assume the initiative in developing joint plans for the coordination of emergency civilian health services and welfare services programs of those departments and agencies which have responsibility for any segment of such activities. He shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements.

>   > (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in coordinating the performance of functions under this order with the total national preparedness program.

>   > (c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Department of Health, Education, and Welfare on the basis that it will have the responsibility for carrying out such programs during an emergency. The Secretary shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organization changes, based on emergency conditions, will be in accordance with policy determination by the President. SEC. 14. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

>   SEC. 15. Redelegation. The Secretary is hereby authorized to redelegate within the Department of Health, Education, and Welfare the functions hereinabove assigned to him.

>   SEC. 16. Prior Actions. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Orders Nos. 4 and 5 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 656-658), are hereby revoked.

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   February 16, 1962.

>   Executive Order 11002

>   #### ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE POSTMASTER GENERAL

>   By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), it is hereby ordered as follows:

>   SECTION 1. Scope. The Postmaster General shall assist in the development of a national emergency registration system. These plans and programs shall be designed to develop a state of readiness in this area with respect to all conditions of national emergency including attack upon the United States.

>   SEC. 2. Cooperation with Department of Defense. In consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, the Postmaster General shall:

>   > (a) Registration system. Assist in planning a national program and developing technical guidance for States, and directing Post Office activities concerned with registering persons and families for the purpose of receiving and answering welfare inquiries, and reuniting families in civil defense emergencies. The program shall include:

>   > > 1. Forms. Procurement, transportation, storage, and distribution of safety notification and emergency change of address cards in quantities and localities jointly determined by the Department of Defense and the Post Office Department.

>   > > 2. Training. Conduct of training programs for postal employees which will enable them to operate emergency central postal directories and to assist in the operation of a national emergency registration system including support of local welfare activities in reuniting families.

>   > (b) Damage assessment. Maintain a capability to assess the effects of attack on its postal service and resources, both at national and field levels, and provide data to the Department of Defense.

>   SEC. 3. Functional Guidance.The Postmaster General, in carrying out the functions assigned in this order, shall be guided by the following:

>   > (a) Interagency cooperation. The Postmaster General shall work with the heads of other agencies concerned in the development of systems outlined above. He shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements.

>   > (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in coordinating the performance of functions under this order with the total national preparedness program.

>   > (c) Emergency planning. Emergency plans and programs, and emergency organization structures required thereby, shall be developed as an integral part of the continuing activities of the Post Office Department on the basis that it will have the responsibility for carrying out such programs during an emergency. The Postmaster General shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, shall be in accordance with policy determination by the President.

>   SEC. 4. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

>   SEC. 5. Redelegation. The Postmaster General is hereby authorized to redelegate within the Post Office Department the functions hereinabove assigned to him.

>   SEC. 6. Prior Actions. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 9 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 661-662), is hereby revoked.

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   February 16, 1962.

>   Executive Order 11003

>   #### ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE ADMINISTRATOR OF THE FEDERAL AVIATION AGENCY

>   By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), it is hereby ordered as follows:

>   SECTION 1. Scope. The Administrator of the Federal Aviation Agency (hereinafter referred to as the Administrator) shall prepare national emergency plans and develop preparedness programs covering the emergency management of the Nation's civil airports, civil aviation operating facilities, civil aviation services, and civil aircraft other than air carrier aircraft. These plans and programs shall be designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States.

>   SEC. 2. Transportation Functions. The Administrator shall:

>   > (a) National Program Guidance. Develop plans and issue national program guidance designed to utilize to the maximum extent the existing non-military facilities, technical competence and resources of the Federal Government, the States and the local political subdivisions thereof, and non-governmental organizations and systems engaged in aeronautical activities to promote the effective and safe use and maintenance of aeronautical facilities, equipment, and services in an emergency.

>   > (b) Operations. Formulate plans for the development, utilization, expansion and emergency management of the Nation's civil airports, civil aviation ground facilities and equipment required for essential civil air operations, except manufacturing facilities, but including the development of orders for insuring the continued operation of essential civil airports, civil aviation operating facilities, and civil aviation. equipment.

>   > (c) Priorities and allocations. Develop plans and procedures for controls, allocations and priorities concerned with the utilization of aircraft other than air carrier aircraft in an emergency.

>   > (d) Resources. Periodically assess assigned resources available from all sources in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas and develop appropriate recommendations and programs. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

>   > (e) Requirements. Determine emergency requirements for material and supplies needed to manufacture, maintain or operate air navigation facilities, civil airports, and civil aircraft for which the Administrator is responsible.

>   > (f) Claimancy. Prepare plans to claim materials, manpower, equipment, supplies, and services needed to carry out assigned responsibilities and other essential functions of the agency from the appropriate agencies and work with such agencies in developing programs to insure availability of such resources in an emergency.

>   SEC. 3. Cooperation with Department of Defense. In consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, the Administrator shall:

>   > (a) Professional training. Prepare and incorporate into appropriate courses dealing with aeronautics and aviation applicable civil defense knowledge and skills necessary to insure the maximum operational effectiveness of essential civil air transportation systems and facilities; and prepare and distribute such civil defense information to the management of air transportation systems and facilities, States and local governments, voluntary agencies, and commercial and professional groups concerned with the development, utilization, expansion, and emergency management of non-military aviation.

>   > (b) Facilities protection. Analyze the potential effects of attack as a basis for developing and promoting a national program of vulnerability reduction, disaster preparedness, and damage control designed to minimize the effects of overt or covert attack on civil aviation facilities except aircraft manufacturing plants. Such program shall include, but shall not be limited to, guidance with respect to deconcentration and dispersal of facilities and equipment, organization and training of facility employees, shelter, evacuation and relocation plans, records protection, continuity of management, and emergency repair and recovery of facilities.

>   > (c) Monitoring. Provide for the detection, identification, monitoring, and reporting of chemical, biological, and radiological agents at facilities operated or controlled by the Federal Aviation Agency.

>   > (d) Decontamination. Provide technical advice, guidance, and consultation to Federal, State and local civil aviation authorities on measures for minimizing the effects of chemical, biological, and radiological contamination of civil airports and civil aviation facilities, aircraft, ground equipment, and personnel.

>   > (e) Damage assessment. Maintain a capability to assess the effects of attack on all air navigation, air traffic control and aeronautical communications facilities, all civil airports, civil aircraft, and all other facilities essential to safe and effective air transportation operations in a national emergency agency and provide data to the Department of Defense.

>   > ( f) Salvage and rehabilitation. Develop plans for salvage of supplies and equipment and the rehabilitation or replacement of essential civil aviation systems, facilities, and services after attack, excluding the manufacture of aircraft but including direction of Federal activities for the emergency clearance and restoration of essential civil airports in damaged areas.

>   SEC. 4. Research. Within the framework of over-all Federal research objectives, the Administrator shall supervise or conduct research directly concerned with carrying out emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving the Agency's interest.

>   SEC. 5. Functional Guidance. The Administrator, in carrying out the functions assigned in this order, shall be guided by the following:

>   > (a) Interagency cooperation. The Administrator shall work with the Secretary of Commerce, the Civil Aeronautics Board, and heads of other agencies concerned with the development of a national emergency transportation program. In the development of emergency plans and programs pursuant to this order and in the execution of functions assigned thereunder, the Administrator shall perform his functions in a manner compatible with his responsibilities to the Department of Defense under the Federal Aviation Act of 1958, and without compromise of his ability to discharge such responsibilities. Nothing in this order shall be construed to limit the authority vested in the Administrator by the Federal Aviation Act of 1958 with respect to the exercise of the Administrator's authority and responsibility in an "air defense emergency" (as distinguished from a "civil defense emergency"), or other state of emergency as may be declared by the President.

>   > (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in coordinating the performance of functions under this order with the total national preparedness program.

>   > (c) Emergency planning. Emergency plans and programs, and emergency organizational structure required thereby, shall be developed as an integral part of the continuing activities of the Federal Aviation Agency on the basis that it will have the responsibility for carrying out such programs during an emergency. The Administrator shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, will be in accordance with policy determination by the President.

>   SEC. 6. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

>   SEC. 7. Redelegation. The Administrator of the Federal Aviation Agency is hereby authorized to redelegate within the Agency the functions hereinabove assigned to him.

>   SEC. 8. Prior Actions. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 3 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 655-656) is hereby revoked.

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   February 16, 1962.

>   Executive Order 11004

>   #### ASSIGNING CERTAIN EMERGENCY PREPAREDNESS FUNCTIONS TO THE HOUSING AND HOME FINANCE ADMINISTRATOR

>   By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), it is hereby ordered as follows:

>   SECTION 1. Scope. The Housing and Home Finance Administrator (hereinafter referred to as the Administrator) shall prepare national emergency plans and develop preparedness programs covering all aspects of lodging or housing and community facilities related thereto. These plans and programs shall be designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States.

>   SEC. 2. Housing Functions. The Administrator shall:

>   > (a) New housing. Develop plans for the construction and management of new housing and the community facilities related thereto, when and where it is determined to be necessary with public funds through direct Federal action; or the construction of new housing through financial or credit assistance, in support of production programs.

>   > (b) Communities. Develop plans for the selection, acquisition, development, and disposal of areas for civilian uses in new, expanded, restored, or relocated communities; and for the construction of housing for new or restored communities.

>   > (c) Resources. Periodically assess assigned resources available from all sources in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas and develop appropriate recommendations and programs. Provide data and assistance, before and after attack for national resources evaluation purposes of the Office of Emergency Planning.

>   > (d) Priorities. Develop standards and priorities for guidance of States and communities in making maximum use of and allocating available housing resources.

>   > (e) Requirements. Periodically assemble, develop as appropriate, and evaluate requirements with respect to assigned resources and services. Such estimates shall take into consideration the geographical distribution of requirements under emergency conditions.

>   > (f) Claimancy. Prepare plans to claim materials, manpower, equipment, supplies, and services needed in support of assigned responsibilities and other essential functions of the agency from appropriate agencies, and work with such agencies in developing programs to insure availability of such resources in an emergency.

>   > (g) Distribution. Develop allocation and distribution control systems consistent with the priorities and allocations procedures prescribed by the Department of Commerce for materials and equipment needed for housing, and develop programs for the domestic distribution and use of mobile lodging facilities in an emergency.

>   > (h) Stockpiles. Assist the Office of Emergency Planning in formulating and carrying out plans for stockpiling of strategic and critical materials, and survival items in the housing field.

>   > (i) Economic stabilization. Cooperate with the Office of Emergency Planning and the Federal financial agencies in the development of preparedness measures involving emergency financing, real estate credit, and rent stabilization.

>   SEC. 3. Cooperation with Department of Defense. In consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, the Administrator shall:

>   > (a) Billeting. Develop plans for a billeting program, including advice and guidance for State and local government agencies in the administration thereof. The Secretary of the Department of Health, Education, and Welfare shall incorporate billeting plans in the general welfare guidance program for States.

>   > (b) Temporary housing. Develop plans for the emergency repair and restoration to use of damaged housing, for the construction and management of emergency housing units and the community facilities related thereto, and for the emergency conversion to dwelling use of non-residential structures with public funds through direct Federal action or through financial or credit assistance.

>   > (c) Population movement. Participate in the preparation of plans for determining which areas are to be restored and in the development and coordination of plans for the movement of people on a temporary basis from areas to be abandoned to areas where housing is available or can be made available.

>   > (d) Shelter. Assist in the development of plans to encourage the construction of fallout shelters for both old and new housing in conformance to the national shelter policy.

>   > (e) Vulnerability. Participate in promoting the dispersal of new or expanding communities and government installations in conformance to national vulnerability reduction policy.

>   > (f) Damage assessment. Maintain a capability to assess the effects of attack on housing resources, both at national and field levels, and provide data assistance to the Department of Defense.

>   SEC. 4. Research. Within the framework of overall Federal research objectives the Administrator shall supervise or conduct research directly concerned with carrying out emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving the agency's interests.

>   SEC. 5. Functional Guidance. The Administrator, in carrying out the functions assigned in this order, shall be guided by the following:

>   > (a) Interagency cooperation. The Administrator shall assume the initiative in developing joint plans for the coordination of civilian housing emergency programs of those departments and agencies which normally have responsibilities for any segment of such activities. He shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements.

>   > (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for,and assist him in coordinating the performance of functions under this order with the total national preparedness program.

>   (c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Housing and Home Finance Agency on the basis that it will have the responsibility for carrying out such programs during an emergency. The Administrator shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, will be in accordance with policy determination by the President.

>   SEC. 6. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

>   SEC. 7. Redelegation. In carrying out the functions outlined in this order, the Administrator may reassign such functions to and designate or appoint any official or employee within the Housing and Home Finance Agency, including the constituent agencies, to serve in any position within the Housing and Home Finance Agency.

>   SEC. 8. Prior Actions. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 6 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 658-659), is hereby revoked.

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   February 16, 1962.

>   Executive Order 11005

>   #### ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE INTERSTATE COMMERCE COMMISSION

>   By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. l of 1958 (72 Stat. 1799), it is hereby ordered as follows:

>   SECTION 1. Scope. The Interstate Commerce Commission (hereinafter referred to as the Commission shall prepare national emergency plans and develop preparedness programs covering railroad utilization, reduction of vulnerability, maintenance, restoration, and operation in an emergency; motor carrier utilization, reduction of vulnerability, and operation in an emergency; inland waterway mutilization of equipment and shipping, reduction of vulnerability, and operation in an emergency, excepting the St. Lawrence Seaway; and also provide guidance and consultation to domestic surface transportation and storage industries, as defined below, regarding emergency preparedness measures, and to States regarding development of their transportation plans in assigned areas. These plans and programs will be designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States.

>   SEC. 2. Definitions. As used in this order: "Domestic surface transportation and storage" means rail, motor, and inland water transportation facilities and services and public storage. "Public storage" as used herein includes warehouses and other places which are used for the storage of property belonging to persons other than the persons having the ownership or control of such premises. "Inland water transportation" includes shipping on all inland waterways and Great Lakes shipping engaged solely in the transportation of passengers or cargo between United States ports on the Great Lakes. Specifically excluded, for the purposes of this order, are petroleum and gas pipelines, petroleum and gas storage, agricultural and food resources storage, including the cold storage of food resources, the St. Lawrence Seaway, ocean ports and Great Lakes ports and port facilities, highways, streets, roads, bridges, and related appurtenances, maintenance of inland waterways, and any transportation owned by or pre-allocated to the military.

>   SEC. 3. Transportation Functions. The Commission shall:

>   > (a) Requirements. Periodically assemble, develop as appropriate, and evaluate requirements for domestic surface transportation and storage in an emergency, taking into account estimated needs for military as well as civilian purposes. Such evaluation shall take into consideration distribution of requirements under emergency conditions.

>   > (b) Resources. Periodically assess assigned resources available from all sources in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas and develop appropriate recommendations and programs. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

>   > (c) Claimancy. Prepare plans to claim material, equipment, manpower, supplies, and services needed to carry out assigned responsibilities and other essential functions of the Commission before the appropriate agency, and work with such agencies in developing programs to insure availability of such resources in an emergency.

>   > (d) Priorities and allocations. Prepare plans for the allocation of the use of domestic surface transportation and storage by operators and users, and to administer such priorities systems as may be necessary to insure expeditious movement of essential freight and passengers (including designation of priorities on traffic in transit through port areas between domestic surface points) subject to determination of designated authorities as to degree of essentially and relative priority of the activity served.

>   > (e) Control. Develop plans with appropriate private transportation and storage organizations and associations for the coordination and direction of the use of domestic surface transportation and storage facilities for movement of passenger and freight traffic.

>   > (f) Emergency operations. Develop a system for keeping informed as to operational conditions and capabilities throughout the domestic surface transportation and storage industry including the intensities of chemical, biological, radiological (CBR) contamination along and on the appropriate ways and terminals and the consequent interdiction occasioned by it, and prepare plans to take such actions as are necessary to avoid conflicts, overcome "bottle-necks," effect conservation, decrease waste, and speed turn-arounds. Develop and maintain necessary orders and regulations for the operation of domestic surface transport and storage industries in an emergency.

>   > (g) Salvage and rehabilitation. Develop plans for salvage of domestic surface transportation and storage equipment and rehabilitation including decontamination of appropriate terminals, rights of way, equipment, and shops after attack.

>   > (h) National program guidance. Develop plans and issue guidance designed to utilize to the maximum extent the existing nonmilitary facilities, technical competence, and resources of the Federal Government, the States and local political subdivisions thereof, and non-governmental organizations and systems engaged in domestic surface transportation and storage activities to promote the effective and safe use and maintenance of transportation facilities, equipment, and services in an emergency.

>   > (i) Stockpiles. Assist the office of Emergency Planning in formulating and carrying out plans for the stockpiling of strategic and critical materials and items necessary to the maintenance of a domestic surface transportation and storage capability in an emergency.

>   > (j) Economic stabilization. Cooperate with the office of Emergency Planning in the development of economic stabilization policies as they affect domestic surface transportation and storage programs in an emergency.

>   > (k) Financial aid. Develop plans and procedures for financial and credit assistance to domestic surface transportation and storage organizations that might need such assistance in various mobilization conditions, particularly those resulting from attack.

>   SEC. 4. Cooperation with Department of Defense. In consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive order 10952, the Commission shall:

>   > (a) Chemical, biological, and radiological warfare defense. Develop plans to participate with Federal, State, and local, and nongovernmental chemical, biological and radiological defense units in the detection and the assessment of chemical, biological and radiological contaminants, and participate in plans for decontamination operations.

>   > (b) Facilities protection. Provide industry protection and guidance material adapted to the needs of industries concerned and promote a national program to stimulate disaster preparedness and control in order to minimize the effects of overt or covert attack on domestic surface transportation and storage facilities. Guidance shall include but not be limited to organization and training of facility employees, personnel shelter, evacuation and relocation plans, records protection, continuity of management, emergency repair and recovery of facilities, deconcentration and dispersal of facilities and equipment, and mutual aid associations for emergency.

>   > (c) Damage assessment. Maintain a capability to assess the effects of attack on all domestic surface transportation and storage facilities essential to safe and effective surface transportation in a national emergency, and to provide data to the Department of Defense.

>   SEC. 5. Research. Within the framework of the over-all Federal research objectives, the Commission shall supervise or conduct research in areas directly concerned with carrying responsibilities, assigned emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving the Commission's interest.

>   SEC. 6. Functional Guidance. The Commission, in carrying out the functions assigned in this order, shall be guided by the following:

>   > (a) Interagency cooperation. The Commission shall assume the initiative in developing joint plans for the coordination; of emergency domestic surface transportation and storage programs of those departments and agencies having responsibility for any segment of such activity. It shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements.

>   > (b) Presidential coordination. The Director of the office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in coordinating the performance of functions under this order with the total national preparedness program.

>   > (c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Commission on the basis that it will have tile responsibility for carrying out such programs during an emergency. The Commission shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, will be in accordance with policy determination by the President.

>   SEC. 7. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

>   SEC. 8. Redelegation. The Commission is hereby authorized to redelegate within the Interstate Commerce Commission the functions hereinabove assigned to it.

>   SEC. 9. Prior Actions. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 15 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 838-839), is hereby revoked.

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   February 16, 1962.

>   Executive Order 11051

>   #### PRESCRIBING RESPONSIBILITIES OF THE OFFICE OF EMERGENCY PLANNING IN THE EXECUTIVE OFFICE OF THE PRESIDENT

>   WHEREAS national preparedness must be achieved and maintained to support such varying degrees of mobilization as may be required to deal with increases in international tension, with limited war, or with general war including attack upon the United States; and WHEREAS the national security and our continuing economic growth and prosperity are interdependent, appropriate attention must be directed to effective coordination of emergency preparedness measures with national economic policies and objectives; and WHEREAS mobilization readiness and civil defense activities can be accomplished most effectively and efficiently through the performance by departments and agencies of the Government of those emergency preparedness functions related to their established roles and capabilities; and WHEREAS responsibility for emergency preparedness involves virtually every agency of the Federal Government, and there is need to provide a central point of leadership and coordination in the Executive Office of the President: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, including the authorities contained in the National Security Act of 1947, the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2251 et seq.), and other authorities of law vested in me pursuant to Reorganization Plan No. 1 of 1958 (72 Stat. 1799), and also including the authority vested in me by the provisions of Section 301 of title 3 of the United States Code, it is hereby ordered as follows:

>   PART I. SCOPE

>   SECTION 101. Resume of responsibilities. The Director of the Office of Emergency Planning (hereinafter referred to as the Director) shall:

>   > (a) Advise and assist the President in the coordination of and in the determination of policy for the emergency plans and preparedness assignments of the Federal departments and agencies (hereinafter referred to as Federal agencies) designed to make possible at Federal, State and local levels the mobilization of the human, natural and industrial resources of the nation to meet all conditions of national emergency, including attack on the United States.

>   > (b) Under the direction of the President, be responsible for the preparation of nonmilitary plans and preparedness programs with respect to organization and functioning of the Federal Government under emergency conditions and with respect to specific areas of Federal activity necessary in time of war which are neither performed in the normal operations of the regular departments and agencies nor assigned thereto by or under the authority of the President.

>   > (c) Perform such other functions as are vested in him by law or are by this order, or by orders referred to in this order, delegated or otherwise assigned to him.

>   > (d) Perform such additional functions as the President may from time to time direct.

>   PART II. GENERAL COORDINATING RESPONSIBILITIES

>   SEC. 201. General.

>   > (a) The Director shall advise and assist the President in

>   > > (1) the development of planning assumptions and broad emergency preparedness objectives with respect to various conditions of national emergency,

>   > > (2) the development of policies and procedures to determine the relationship between available supplies of the nation's resources and the requirements of military, foreign, and essential civilian programs, including those of civil defense,

>   > > (3) the development of policies, programs, and control systems designed to deal with supply deficiencies and to meet effectively the most urgent requirements for those resources in the interests of national defense, and

>   > > (4) coordinating the governmental programs designed to achieve these ends.

>   > (b) The Director shall advise and assist the President with respect to resolving any issues, related to emergency preparedness responsibilities of Federal agencies, which arise between two or more such agencies.

>   SEC. 202. Resources and Requirements. The Director shall provide policy guidance to the heads of Federal agencies having resource mobilization or claimancy responsibilities to assist them in

>   > (1) the development and submission of estimated military and foreign as well as industrial and consumer requirements,

>   > (2) the development of resource supply estimates; and

>   > (3) the periodic evaluation of requirements estimates in relation to estimates of availability of resources from all sources.

>   SEC. 203. Central program determination. The Director shall develop an overall emergency system for reaching central program decisions for the utilization of resources on the basis that he will have the responsibility for making such central decisions in the initial period of an emergency. This system shall include uniform criteria and procedures for:

>   > (a) The development by each Federal agency of the amounts and types of resources which it must claim in order to meet the requirements of its planned programs;

>   > (b) The central consideration of the supply-requirements evaluations of planned programs;

>   > (c) The central determination of major resource utilization programs under varied conditions of national emergency on a relative urgency basis and central direction for the adjustment of agency programs consistent with such determinations; and

>   > (d) The decentralization of controls if required by emergency conditions.

>   SEC. 204. Control systems. The Director shall develop policies and procedures for the coordinated application by Federal agencies, in time of emergency, of priorities, allocations, and other resource control and distribution systems (including a system for the rationing of consumer goods) for the conduct of approved major programs.

>   SEC. 205. Research. The Director shall develop, maintain, and conduct a central research planning program for emergency preparedness purposes. The Director shall maintain, with the participation and support of Federal agencies concerned, a national resources evaluation capability for predicting and monitoring the status of resources under all degrees of emergency, for identifying resource deficiencies and feasible production programs and for supplying resource evaluations at national and subordinate levels to support mobilization base planning, continuity of government, resource management and economic recovery.

>   SEC. 206. Dispersal and protection of facilities.

>   > (a) The Director, after consultation with the appropriate Federal agencies, shall advise the President concerning the strategic relocation of industries, services, government and economic activities, the operations of which are essential to the nation's security. He shall coordinate the efforts of Federal agencies with respect to the application of the principle of geographic dispersal of certain industrial facilities, both government-and privately-owned, in the interest of national defense.

>   > (b) The Director, under authority of, and in accordance with the provisions of, Executive Order No. 10421 of December 31, 1952, shall perform functions in respect of the physical security of facilities important to the national defense.

>   > (c) In addition, the Director shall review all measures being taken by the Federal agencies with respect to the physical security and protection of facilities important to defense mobilization, defense production, civil defense or the essential civilian economy, including those under the provisions of emergency preparedness assignments to such agencies and shall recommend to the President such actions as are necessary to strengthen such measures.

>   SEC. 207. Civil defense.

>   > (a) Under authority of the provisions of Section 2 of Executive Order No. 10952 of July 20, 1961, and as there prescribed, the Director shall advise and assist the President, and shall perform other functions, in respect of civil defense.

>   > (b) Under authority of, and in accordance with the provisions of, Executive Order No. 10958 of August 14, 1961, the Director shall advise and assist the President with respect to the stockpiling of food and medical supplies.

>   > (c) The Director shall advise and assist the President with respect to the need for stockpiling various items essential to the survival of the population, additional to food and medical supplies, and with respect to programs for the acquisition, storage, and maintenance of such stockpiles.

>   SEC. 208. Federal-State relations.

>   > (a) The Director shall represent the President in working with State Governors to stimulate vigorous State and local participation in emergency preparedness measures.

>   > (b) He shall provide advice and guidance to the States with regard to preparations for the continuity of State and local civilian political authority in the event of nuclear attack on the United States which shall include, but not be limited to, programs for maintaining lines of succession to office, safekeeping of essential records, provision for alternate sites of government, the protection and effective use of government resources, personnel, and facilities, and interstate compacts and reciprocal legislation relating to emergency preparedness.

>   > (c) He shall assist the President in achieving a coordinated working relationship between the various elements of State governments and the Federal agencies to which specific emergency preparedness functions have been assigned pursuant to statute or Executive order.

>   > (d) The civil defense activities involved in the functions prescribed by the foregoing provisions of this section shall be carried out in accordance with the provisions of Section 2 of Executive Order No. 10952 of July 20, 1961.

>   SEC. 209. Review and evaluation. The Director shall from time to time furnish the President overall reports and recommendations concerning the emergency preparedness programs, including the state of preparedness of Federal, State, and local governments to carry out their emergency functions.

>   PART III. SPECIAL EMERGENCY PLANNING RESPONSIBILITIES

>   SEC. 301. General. Under the direction of the President, the Director shall have primary responsibility

>   > (1) for planning assumptions and broad nonmilitary emergency preparedness objectives,

>   > (2) for planning the nonmilitary organization and functioning of the Federal Government in time of national emergency,

>   > (3) for developing, in association with interested agencies, the emergency planning, including making recommendations to the President as to the appropriate roles of Federal agencies, in currently unassigned matters, such as, but not necessarily limited to, economic stabilization, economic warfare, emergency information, and wartime censorship,

>   > (4) for planning for the emergency mobilization of telecommunications resources, and

>   > (5) for the development of nonmilitary policies and programs for use in the event of enemy attack on the United States designed to restore the national defense potential of the nation.

>   SEC. 302. Emergency organization. The Director, in consultation with the Director of the Bureau of the Budget, shall plan for the organization and functioning of the Federal Government in an emergency, including provisions for the central direction of all emergency mobilization activities and the creation of such emergency agencies as may be required for the conduct of emergency activities including those within the normal jurisdiction of existing agencies. Plans shall provide for maximum practicable reliance to be placed on existing Federal agencies with competence in emergency operations and, as best may be, shall be harmonious with related operations of the Government as a whole.

>   SEC. 303. Emergency authorities. The Director shall provide for the prompt exercise of Federal emergency authority through the advance preparation of such proposed legislation, Executive orders, rules, regulations, and directives as would be necessary to put into effect operating programs appropriate to the emergency situation.

>   SEC. 304. Continuity of Federal Government. The Director shall develop policies and plans to assure the continuity of essential Federal Government activities through programs to provide for lines of succession to office, safekeeping of essential records, alternate sites for Government operations, and the protection and effective use of Government resources, personnel, and facilities.

>   SEC. 305. Executive Reserve. The Director, under authority of, and in accordance with the provisions of, Executive Order No. 10660 of February 15, 1956, shall develop policies and plans for the provision of an Executive Reserve of personnel capable of filling executive positions in the Government in time of emergency.

>   SEC. 306. Emergency telecommunications. The Director shall be responsible for

>   > (1) planning for the mobilization of the nation's telecommunications resources in time of national emergency, and

>   > (2) carrying out, under the authority of, and in accordance with the provisions of, Executive Order No. 10705 of April 17, 1957, the functions thereby delegated or otherwise assigned to him. SEC. 307. Post-attack recovery. Under the direction of the President, the Director, with the cooperation and assistance of the Federal agencies, shall develop policies, plans, and programs designed to provide for the rapid restoration after an attack on the United States of a national capability to support a strong national defense effort.

>   PART IV. CURRENT MANAGEMENT RESPONSIBILITIES

>   SEC. 401. Defense production. Under the authority of, and in accordance with the provisions of, Executive Order No. 10480 of August 14, 1953, the Director shall perform the functions thereby delegated or otherwise assigned to him.

>   SEC. 402. Strategic and critical materials stockpiling.

>   (a) There are hereby delegated to the Director all those functions under the Strategic and Critical Materials Stockpiling Act (50 U.S.C. 98 et seq.), under Section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)), and under Section 204(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485 (f)), which were transferred to the President by the provisions of Reorganization Plan No. 1 of 1958 (72 Stat. 1799).

>   (b) The Director, under the provisions of the said Strategic and Critical Materials Stockpiling Act, shall determine which materials are strategic and critical and the quality and quantity of such materials which shall be stockpiled, and shall direct the General Services Administration in the purchase, storage, refinement, rotation, and disposal of materials.

>   (c) The Director is hereby designated as an agency under and for the purposes of the provisions of clause (b) of Section 5 of the Strategic and Critical Materials Stockpiling Act (50 U.S.C. 98d (clause (b))); and, accordingly, in the event of enemy attack upon the United States the Director is authorized and directed to order the release by the Administrator of General Services of such materials from stockpiles established under the said Act, in such quantities, for such uses, and on such terms and conditions, as the Director determines to be necessary in the interests of the national defense.

>   SEC. 403. Supplemental stockpile. The Director, under authority of the provisions of Section 4(d) (2) of Executive Order No. 10900 of January 6, 1961, shall determine from time to time the materials to be contracted for or purchased for a supplemental stockpile with foreign currencies pursuant to the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1704(b)). SEC. 404. Imports threatening the national security.

>   > (a) The Director, under the authority of, and in accordance with the provisions of, Section 2 of the Act of July 1, 1954 (68 Stat. 360; 19 U.S.C. 1352a), shall make appropriate investigations of the effects of imports on the national security and shall advise the President of any case in which the Director is of the opinion that an article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security.

>   > (b) The Director, under authority of, and in accordance with the provisions of, Section 3 (d) of Executive Order No. 10582 of December 17, 1954, shall furnish advice to procuring agencies with respect to the rejection of bids or offers to furnish materials of foreign origin on the ground that such rejection is necessary to protect essential national security interests.

>   SEC. 405. Disaster relief. The Director, under authority of, and in accordance with the provisions of, Executive Order No. 10427 of January 16, 1953, and Executive Order No. 10737 of October 29, 1957, shall exercise authority under the Act of September 30, 1950, entitled "An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes" (42 U.S.C. 1855 et seq.).

>   SEC. 406. Telecommunications. Under authority of, and in accordance with the provisions of, Executive Order No. 10995 of February 16, 1962, the Director shall perform functions in respect of telecommunications.

>   PART V. GENERAL PROVISIONS

>   SEC. 501. Rules and regulations. In carrying out his responsibilities under this order, the Director is authorized to issue such rules and regulations, and directives, consonant with law and Executive order, as he deems necessary and appropriate to the functions involved.

>   SEC. 502. Boards and committees. The Director is hereby authorized to establish in headquarters and in the field such boards and committees as he deems necessary to advise him in the conduct of activities outlined herein.

>   SEC. 503. Certain additional authorities.

>   > (a) There are hereby delegated to the Director all those now-existing functions under the National Security Act of 1947 which were transferred to the President by the provisions of Reorganization Plan No. 1 of 1958 (72 Stat. 1799).

>   > (b) In performing the functions under the Federal Civil Defense Act of 1950 assigned to him, and subject to applicable provisions of Executive orders, the Director is authorized to exercise the authority conferred by Title IV of that Act. The foregoing provision of this subsection shall not be deemed to derogate from any authority under Title IV heretofore available to the Secretary of Defense.

>   SEC. 504. Reports. The Director is authorized to require from Federal agencies such statistical data and progress reports at such intervals as he deems necessary to discharge his responsibilities under this order.

>   SEC. 505. Prior actions. All orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent herewith or are hereafter amended or revoked under proper authority, and nothing in this order shall affect the validity or force of anything done under previous delegations or other assignments of the functions affected by this order.

>   SEC. 506. Executive Order 11030. Nothing in this order or in any order amended by this order shall derogate from the provisions of Executive Order No. 11030 of June 19, 1962.

>   SEC. 507. References to orders and Acts. Except as may for any reason be inappropriate, references in this order to any other Executive order or to any Act, and references in this order or in any other Executive order to this order, shall be deemed to include references thereto, respectively, as amended from time to time.

>   PART VI. PRIOR EXECUTIVE ORDERS AND PROCLAMATIONS

>   SEC. 601. General amendments. Each reference to the Office of Civil and Defense Mobilization or to the Director of the Office of Civil and Defense Mobilization in the following is hereby amended to refer to the Office of Emergency Planning and the Director of the Office of Emergency Planning, respectively:

>   > (1) Executive Order No. 10296 of October 2, 1951

>   > (2) Executive Order No. 10312 of December 10, 1951

>   > (3) Executive Order No. 10346 of April 17, 1952 (penultimate sentence of Section 2, only)

>   > (4) Executive Order No. 10421 of December 31, 1952

>   > (5) Executive Order No. 10427 of January 16, 1953

>   > (6) Executive Order No. 10480 of August 14, 1953

>   > (7) Executive Order No. 10494 of October 14, 1953

>   > (8) Executive Order No. 10601 of March 21, 1955

>   > (9) Executive Order No. 10634 of August 25, 1955

>   > (10) Executive Order No. 10660 of February 15, 1956

>   > (11) Executive Order No. 10705 of April 17, 1957

>   > (12) Executive Order No. 10737 of October 29, 1957

>   > (13) Executive Order No. 10900 of January 5, 1961

>   > (14) Executive Order No. 10952 of July 20, 1961

>   > (15) Executive Order No. 10958 of August 14, 1961

>   > (16) Proclamation No. 3279 of March 10, 1959 SEC. 602. Executive Order 10242. Executive Order No. 10242 of May 8, 1951, is hereby amended:

>   > > (1) By deleting from subsection 101(a) thereof the following: "upon the Director of the Office of Civil and Defense Mobilization, hereinafter referred to as the Director,".

>   > > (2) By deleting from Sections 101(c), 101(d), 102, 103, 104, 106 (preamble), 201, and 301 the following: "upon the Director of the Office of Civil and Defense Mobilization".

>   > > (3) By substituting for the words "the Director of the Office of Civil and Defense Mobilization", at each place where they occur in the order and are not deleted or otherwise amended by this order, the following: 'the delegate of the President".

>   > > (4) By substituting for the words shall not be delegated" in sub-section 101 (d) the following: "shall not be redelegated by the delegate of the President".

>   > > (5) By adding after Section 106 new Sections 107, 108, and 109, reading as follows: "SEC. 107. The words "the delegate of the President' as used in this order: "(1) In respect of functions under the Act delegated or otherwise assigned to the Secretary of Defense, mean the Secretary of Defense. "(2) In respect of functions delegated or otherwise assigned to the Director of the Office of Emergency Planning, mean the Director of the Office of Emergency Planning. "SEC. 108. The authority conferred by Section 401(a) of the Act to employ part-time or temporary advisory personnel deemed necessary in carrying out the provisions of the Act, and delegated by the provisions of Section 101 (a) of this order, shall be available as follows: (1) To the Secretary of Defense in respect of not to exceed eighty personnel (including not to exceed twenty subjects of the United Kingdom and Canada), and (2) to the Director of the Office of Emergency Planning in respect of not to exceed twenty personnel (including not to exceed five subjects of the United Kingdom and Canada). "SEC. 109. The relevant provisions of this Part shall be subject to the provisions of the Memorandum of the President, pertaining to conflicts of interest, dated February 9, 1962 (27 F.R. 1341ff.)."

>   > > (6) By amending Section 401 to read as follows: "SEC. 401. The approval of the President is hereby given for the employment of retired personnel of the armed services, pursuant to the provisions of subsection 401(a) of the Act as follows: (1) By the Secretary of Defense, not to exceed twenty persons, and (2) by the Director of the Office of Emergency Planning, not to exceed five persons."

>   SEC. 603. Other orders.

>   > (a) Executive Order No. 10260 of June 27, 1951, is hereby amended by striking from Section 1 thereof the following: "Office of Civil and Defense Mobilization, the".

>   > (b) Executive Order No. 10346 of April 17, 1952, is hereby amended by substituting for the reference therein to the Director of the Office of Civil and Defense Mobilization, and for each reference therein to the Office and Defense Mobilization except that in the penultimate sentence of Section 2, the following: "the Office of Emergency Planning or the Department of Defense or both, as may be determined under the provisions of appropriate Executive orders".

>   > (c) Executive Order No. 10421 of December 31, 1952, is hereby amended by inserting before the period at the end of Section 3 (b) (9) thereof a comma and the following: "including recommendations as to actions necessary to strengthen the program provided for in this order".

>   > (d) Executive Order No. 10529 of April 22, 1954, is hereby amended by substituting for each reference therein to the Director of the Office of Civil and Defense Mobilization the following: "the Director of the Office of Emergency Planning or the Secretary of Defense or both as may be determined under appropriate Executive orders".

>   > (e) Executive Order No. 10582 of December 17, 1954, is hereby amended by striking from Section 3

>   > (d) thereof the words "from any officer of the Government designated by the President to furnish such advice" and by inserting in lieu of the stricken words the following: "from the Director of the Office of Emergency Planning. In providing this advice the Director shall be governed by the principle that exceptions under this section shall be made only upon a clear showing that the payment of a greater differential than the procedures of this section generally prescribe is justified by consideration of national security".

>   > (f) Executive Order No. 10789 of November 14, 1958, is hereby amended by striking from Section 21 thereof the words "Office of Civil and Defense Mobilization".

>   SEC. 604. Superseded orders. To the extent that the following have not heretofore been made or become inapplicable, they are hereby superseded and revoked:

>   > (1) Executive Order No. 9981 of July 26, 1948

>   > (2) Executive Order No. 10219 of February 28, 1951

>   > (3) Executive Order No. 10269 of July 6, 1951

>   > (4) Executive Order No. 10438 of March 13, 1953

>   > (5) Executive Order No. 10461 of June 17, 1953

>   > (6) Executive Order No. 10524 of March, 31, 1954

>   > (7) Executive Order No. 10539 of June 22, 1954 (without prejudice to final liquidation of any affairs thereunder)

>   > (8) Executive Order No. 10638 of October 10, 1955

>   > (9) Executive Order No. 10773 of July 1, 1958

>   > (10) Executive Order No. 10782 of September 6, 1958

>   > (11) Executive Order No. 10902 of January 9, 1961

>   JOHN F. KENNEDY
>   THE WHITE HOUSE,
>   September 27, 1962.

>   Executive Order 11490

>   #### Assigning emergency preparedness functions to Federal

>   WHEREAS our national security is dependent upon our ability to assure continuity of government, at every level, in any national emergency type situation that might conceivably 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 emergency preparedness plans and has provided funds for the accomplishment thereof; and
>   WHEREAS this national emergency preparedness planning activity has been an established program of the United States Government for more than twenty years:

>   NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, and pursuant to Reorganization Plan No. 1 of 1958 (72 Stat. 1799), the National Security Act of 1947, as amended, the Defense Production Act of 1950, as amended, and the Federal Civil Defense Act, as amended, it is hereby ordered as follows-

>   TABLE OF CONTENTS

>   Parts

>   - 1 Purpose and Scope.
>   - 2 Department of State.
>   - 3 Department of the Treasury.
>   - 4 Department of Defense.
>   - 5 Department of Justice.
>   - 6 Post Office Department.
>   - 7 Department of the Interior.
>   - 8 Department of Agriculture.
>   - 9 Department of Commerce.
>   - 10 Department of Labor.
>   - 11 Department of Health, Education, and Welfare.
>   - 12 Department of Housing and Urban Development.
>   - 13 Department of Transportation.
>   - 14 Atomic Energy Commission.
>   - 15 Civil Aeronautics Board.
>   - 16 Export-Import Bank of the United States.
>   - 17 Federal Bank Supervisory Agencies.
>   - 18 Federal Communications Commission.
>   - 19 Federal Power Commission.
>   - 20 General Services Administration.
>   - 21 Interstate Commerce Commission.
>   - 22 National Aeronautics and Space Administration.
>   - 23 National Science Foundation.
>   - 24 Railroad Retirement Board.
>   - 25 Securities and Exchange Commission.
>   - 26 Small Business Administration.
>   - 27 Tennessee Valley Authority.
>   - 28 United States Civil Service Commission.
>   - 29 Veterans Administration.
>   - 30 General Provisions.

>   THE PRESIDENT

>   Part 1
>   Purpose and Scope

>   SECTION 101 Purpose.
>   This order consolidates the assignment of emergency preparedness functions to various departments and agencies heretofore contained in the 21 Executive orders and 2 Defense Mobilization orders listed in Section 3015 of this order. Assignments have been adjusted to conform to changes in organization which have occurred subsequent to the issuance of those Executive orders and Defense Mobilization orders.

>   SEC.1O2 Scope.

>   > (a) This order is concerned with the emergency national planning and preparedness functions of the several departments and agencies of the Federal Government which complement the military readiness planning responsibilities of the Department of Defense; together, these measures provide the basic foundation for our overall national preparedness posture, and are fundamental to our ability to survive.
>   > ;(b) The departments and agencies of the Federal Government are hereby severally charged with the duty of assuring the continuity of the Federal Government in any national emergency type situation that might confront the nation. To this end, each department and agency with essential functions, whether expressly identified in this order or not, shall develop such plans and take such actions, including but not limited to those specified in this order, as may be necessary to assure that it will be able to perform its essential functions, and continue as a viable part of the Federal Government, during any emergency that might conceivably occur. These include plans for maintaining the continuity of essential functions of the department or agency at the seat of government and elsewhere, through programs concerned with:

>   > > (1) succession to office;
>   > > (2) predelegation of emergency authority;
>   > > (3) safekeeping of essential records;
>   > > (4) emergency relocation sites supported by communications and required services;
>   > > (5) emergency action steps;
>   > > (6) alternate headquarters or command facilities; and
>   > > (7) protection of Government resources, facilities, and personnel. The continuity of Government activities undertaken by the departments and agencies shall be in accordance with guidance provided by, and subject to evaluation by, the Director of the Office of Emergency Preparedness.

>   > ;(c) In addition to the activities indicated above, the heads of departments and agencies described in Parts 2 through 29 of this order shall:

>   > > (1) prepare national emergency plans, develop preparedness programs, and attain an appropriate
>   > > state of readiness with respect to the functions assigned to them in this order for all conditions of national emergency;
>   > > (2) give appropriate consideration to emergency preparedness factors in the conduct of the regular functions of their agencies, particularly those functions considered essential in time of emergency, and
>   > > (3) be prepared to implement, in the event of an emergency, all appropriate plans developed under
>   > > this order.

>   SEC. 103 Presidential Assistance.
>   The Director of the Office of Emergency Preparedness, in accordance with the provisions of Executive Order No. 11051 of September 27, 1962, shall advise and assist the President in determining national preparedness goals and policies for the performance of functions under this order and in coordinating the performance of such functions with the total national preparedness program.

>   SEC. 104 General and Specific Functions.
>   The functions assigned by Part 30, General Provisions, apply to all departments and agencies having emergency preparedness responsibilities. Specific functions are assigned to departments and agencies covered in Parts 2 through 29.

>   SEC. 105 Construction.
>   The purpose and legal effect of the assignments contained in this order do not constitute authority to implement the emergency plans prepared pursuant to this order. Plans so developed may be effectuated only in the event that authority for such effectuation is provided by a law enacted by the Congress or by an order or directive issued by the President pursuant to statutes or the Constitution of the United States.

>   Back to the Table of Contents

>   Part 2
>   Department of State

>   SECTION 201 Functions.
>   The Secretary of State shall prepare national emergency plans and develop preparedness programs to permit modification or expansion of the activities of the Department of State and agencies, boards, and commissions under his jurisdiction in order to meet all conditions of national emergency, including attack upon the United States. The Secretary of State shall provide to all other departments and agencies overall foreign policy direction, coordination, and supervision in the formulation and execution of those emergency preparedness activities which have foreign policy implications, affect foreign relations, or depend directly or indirectly, on the policies and capabilities of the Department of State. The Secretary of State shall develop policies, plans, and procedures for carrying out his responsibilities in the conduct of the foreign relations of the United States under conditions of national emergency, including, but not limited to

>   > (1) the formulation and implementation, in consultation with the Department of Defense and other appropriate agencies, and the negotiation of contingency and post-emergency plans with our allies and of the intergovernmental agreements and arrangements required by such plans;
>   > (2) formulation, negotiation, and execution of policy affecting the relationships of the United States with neutral States;
>   > (3) formulation and execution of political strategy toward hostile or enemy States, including the definition of war objectives and the political means for achieving those objectives;
>   > (4) maintenance of diplomatic and consular representation abroad;
>   > (5) reporting and advising on conditions overseas which bear upon the national emergency;
>   > (6) carrying out or proposing economic measures with respect to other nations, including coordination with the export control functions of the Secretary of Commerce;
>   > (7) mutual assistance activities such as ascertaining requirements of the civilian economies of other nations, making recommendations to domestic resource agencies for meeting such requirements, and determining the availability of and making arrangements for obtaining foreign resources required by the United States;
>   > (8) providing foreign assistance, including continuous supervision and general direction of authorized economic and military assistance programs, and determination of the value thereof;
>   > (9) protection or evacuation of American citizens and nationals abroad and safeguarding their property;
>   > (10) protection and/or control of international organization and foreign diplomatic, consular,and other official personnel and property, or other assets, inthe United States;
>   > (11) documentary control of persons seeking to enter or leave the United States; and
>   > (12) regulation and control of exports of items on the munitions list.

>   Back to the Table of Contents

>   Part 3
>   Department of the Treasury

>   SECTION 301 Functions.
>   The Secretary of the Treasury shall develop policies, plans and procedures for the performance of emergency functions with respect to

>   > (1) stabilization aspects of the monetary, credit, and financial system;
>   > (2) stabilization of the dollar in relation to foreign currencies;
>   > (3) collection of revenue;
>   > (4) regulation of financial institutions;
>   > (5) supervision of the Federal depository system;
>   > (6) direction of transactions in government securities;
>   > (7) tax and debt policies;
>   > (8) participation in bilateral and multilateral financial arrangements with. foreign governments;
>   > (9) regulation of foreign assets in the United States and of foreign financial dealings (in consultation with the Secretaries of State and Commerce);
>   > (10) development of procedures for the manufacture and/or issuance and redemption of securities, stamps, coins, and currency;
>   > (11) development of systems for the issuance and payment of Treasury checks;
>   > (12) maintenance of the central government accounting and financial reporting system;
>   > (13) administration of customs laws, tax laws, and laws on control of alcohol, alcoholic beverages, tobacco, and firearms;
>   > (14) suppression of counterfeiting and forgery of government securities, stamps, coins, and currency;
>   > (15) protection of the President and the Vice President and other designated persons;
>   > (16) granting of loans (including participation in or guarantees of loans) for the expansion of capacity, the development of technological processes, or the production of essential material; and
>   > (17) to the extent that such functions have not been transferred to the Secretary of Transportation, enforcement of marine inspection and navigation laws.

>   SEC. 302 Financial Coordination.
>   The Secretary shall assume the initiative in developing plans for implementation of national policy on sharing war losses and for the coordination of emergency monetary, credit, and Federal benefit payment programs of those departments and agencies which have responsibilities dependent on the policies or capabilities of the Department.

>   Part 4
>   Department of Defense

>   SECTION 401 Functions.
>   In addition to the civil defense functions assigned to the Secretary of Defense by Executive Order No. 10952, the Secretary of Defense shall perform the following emergency preparedness functions:

>   > (1) Provide specific strategic guidance as required for emergency preparedness planning and programming, including, for example, guidance regarding such factors as accessibility of foreign sources of supply and estimated shipping loss discounts and aircraft losses in the event of war.
>   > (2) Develop and furnish quantitative and. time-phased military requirements for selected end-items, consistent with defined military concepts, and supporting requirements for materials, components, production facilities, production equipment, petroleum, natural gas, solid fuels, electric power, food, transportation, and other services needed to carry out specified Department of Defense current and mobilization procurement, construction, research and development, and production programs. The items and supporting resources to be included in such requirements, the periods to be covered, and the dates for their submission to the appropriate resource agency will be determined by mutual agreement between the Secretary of Defense and the head of the appropriate resource agency.
>   > (3) Advise and assist the Office of Emergency Preparedness in developing a national system of production urgencies.
>   > (4) Advise and assist the Office of Emergency Preparedness in developing a system, in conjunction with the Department of State, for the international allocation of critical materials and products among the United States and the various foreign claimants in the event of an emergency, including an attack on the United States.
>   > (5) Plan for and administer priorities and allocations authority delegated to the Department of Defense. Authorize procurement and production schedules and make allotments of controlled materials pursuant to program determinations of the Office of Emergency Preparedness.
>   > (6) Assist the Department of Commerce and other appropriate agencies in the development of the production and distribution controls plans for use in any period of emergency.
>   > (7) Develop with industry, plans for the procurement and production of selected military equipment and supplies needed to fulfill emergency requirements, making maximum use of plants in dispersed locations, and, where essential and appropriate, providing for alternative sources of supply in order to minimize the effects of enemy attack.
>   > (8) Develop with industry, plans and programs for minimizing the effect of attack damage to plants producing major items of military equipment and supply.
>   > (9) Recommend to the Office of Emergency Preparedness measures for overcoming potential deficiences in production
>   > capacity to produce selected military supplies and equipment needed to fulfill emergency requirements, when necessary measures cannot be effected by the Department of Defense.
>   > (10) Furnish information and recommendations, when requested by the Office of Emergency Preparedness, for purposes of processing applications for defense loans under Title III of the Defense Production Act of 1950, as amended.
>   > (11) Furnish advice and assistance on the utilization of strategic and critical materials in defense production, including changes that occur from time to time.
>   > (12) Analyze problems that may arise in maintaining an adequate mobilization production base in military-product industries and take necessary actions to overcome these problems within the limits of the authority and funds available to the Department of Defense.
>   > (13) Assist the Secretary of Commerce with respect to the identification and evaluation of facilities important to the national defense.
>   > (14) Advise and assist the Office of Emergency Preparedness in the development and review of standards for the strategic location and physical security of industries, services, government, and other activities for which continuing operation is essential to national security, and exercise physical security cognizance over the facilities assigned to him for such purpose.
>   > (15) Develop and operate damage assessment systems and assist the Office of Emergency Preparedness and other departments and agencies in their responsibilities as stated in Section 3002 (2): participate with the Office of Emergency Preparedness in the preparation of estimates of potential damage from enemy attack.
>   > (16) Advise and assist the Office of Emergency Preparedness in the development of over-all manpower policies to be instituted in the event of an emergency, including an attack on the United States, including the provision of information relating to the size and composition of the Armed Forces.
>   > (17) Advise on existing communications facilities and furnish military requirements for commercial communications facilities and services in planning for and in event of an emergency, including an attack on the United States.
>   > (18) Furnish military requirements for all forms of transportation and transportation facilities in planning for and in the event of emergency, including an attack upon the United States.
>   > (19) Assist the Office of Emergency Preparedness in preparation of legislative programs and plans for coordinating nonmilitary support of emergency preparedness programs.
>   > (20) Develop plans and procedures for the Department of Defense utilization of noindustrial facilities in the event of an emergency in order to reduce requirements for new construction and to provide facilities in a minimum period of time.
>   > (21) Advise and assist the Office of Emergency Preparedness in

>   > > (1) determining what key foreign facilities and operating rights thereto are important to the security of the United States, and
>   > > (2) obtaining through appropriate channels protection against sabotage.

>   > (22) Develop plans and procedure to carry out Department of Defense responsibilities stated in the National Censorship Agreement between the Department of Defense and the Office of Emergency Preparedness.
>   > (23) Advise and assist the Department of State in planning for the evacuation of dependents from overseas areas, United States teachers and administrators in the overseas dependents schools, and such other United States citizens as may be working in United States schools overseas.
>   > (24) Develop plans for implementation of approved Department of State/Department of Defense policies and procedures for the protection and evacuation of United States citizens and certain designated aliens abroad.
>   > (25) Develop plans and procedures for the provision of logistical support to members of foreign forces, their employees and dependents as may be present in the United States under the terms of bilateral or multilateral agreements which authorize such support in the event of a national emergency.
>   > (26) Develop with the Department of Transportation and Federal Communications Commission plans and programs for the control of air traffic, civil and military, during an emergency.
>   > (27) Develop with the Federal Communications Commis- sion and the Office of Telecommunications Management (OEP) plans and programs for the emergency control of all devices capable of emitting electromagnetic radiation.

>   Back to the Table of Contents

>   Part 5
>   Department of Justice

>   SECTION 501. Functions.
>   The Attorney General shall perform the following emergency preparedness functions:

>   > (1) Emergency documents and measures. Provide advice, as appropriate, with respect to any emergency directive or procedure prepared by a department or agency as a part of its emergency preparedness function.
>   > (2) Industry support. As appropriate, review the legal procedures developed by the Federal agencies concerned to be instituted if it becomes necessary for the Government to institute extraordinary measures with respect to vital production facilities, public facilities, communications systems, transportation systems, or other facility, system, or service essential to national survival.
>   > (3) Judicial and legislative liaison. In cooperation with the Office of Emergency Preparedness, maintain liaison with Federal courts and with the Congress so there will be mutual understanding of Federal emergency plans involving law enforcement and the exercise of legal powers during emergencies of various magnitudes.
>   > (4) Legal advice. Develop emergency plans for providing legal advice to the President, the Cabinet, and the heads of Executive departments and agencies wherever they may be located in an emergency, and provide emergency procedures for the review as to form and legality of Presidential proclamations, Executive orders, directives, regulations, and documents, and of other documents requiring approval by
>   > the President or by the Attorney General which may be issued by authorized officers after an armed attack.
>   > (5) Alien control and control of entry and departure.
>   > Develop emergency plans for the control of alien enemies and other aliens within the United States, and in consultation with the Department of State and Department of the Treasury, develop emergency plans for the control of persons attempting to enter or leave the United States. These plans shall specificaily include provisions for the following:

>   > > (a) The location, restraint, or custody of alien enemies.
>   > > (b) Temporary detention of alien enemies and other persons attempting to enter the United States pending determination of their admissibility.
>   > > (c) Apprehension of deserting alien crewmen and stowaways.
>   > > (d) Investigation and control of aliens admitted as contract laborers.
>   > > (e) Control of persons entering or departing from the United States at designated ports of entry.
>   > > (f) Increased surveillance of the borders to preclude prohibited crossings by persons.

>   > (6) Alien property. Develop emergency plans, in consultation with the Department of State, for the seizure and administration of property of alien enemies under provisions
>   > of the Trading with the Enemy Act.
>   > (7) Security standards. In consultation with the Department of Defense and with other executive agencies, to the extent appropriate, prepare plans for adjustment of security standards governing the employment of Federal personnel and Federal contractors in an emergency.
>   > (8) Drug Control. Develop emergency plans and pro- cedures for the administration of laws governing the import, manufacture, and distribution of narcotics. Consult with and render all possible aid and assistance to the Office of Emergency Preparedness, the Department of Health, Educa- tion, and Welfare, and the General Services Administration in the allocation, distribution, and, if necessary, the replenish- ment of Government stockpiles of narcotic drugs.

>   SEC. 502 Civil Defense Functions.
>   In consonance with national civil defense programs developed by the Department of Defense, the Attorney General shall:

>   > (1) Local law enforcement. Upon request, consult with and assist the Department of Defense to plan, develop, and distribute materials for use in the instruction and training of law enforcement personnel for civil defense emergency opera- tions; develop and carry out a national plan for civil defense instruction and training for enforcement officers, designed to utilize to the maximum extent practicable the resources and facilities of existing Federal, State, and local public schools. academies, and other appropriate institutions of learning; and assist the States in preparing for the conduct of intrastate and interstate law enforcement operations to meet the extra- ordinary needs that would exist for emergency police services under conditions of attack or imminent attack.
>   > (2) Penal and correctional institutions. Develop emer- gency plans and procedures for the custody and protection of prisoners and the use of Federal penal and correctional insti- tutional resources, when available, for cooperation with local authorities in connection with mass feeding and housing, for the storage of standby emergency equipment, for the emer- gency use of prison hospitals and laboratory facilities, for the continued availability of prison-industry products, and, in coordination with the Department of Labor, for the develop- ment of Federal prisoner skills to appropriately augment the total supply of manpower, advise States and their political subdivisions regarding the use of State and local prisons, jails, and prisoners for the purpose of relieving local situations and conditions arising from a state of emergency.
>   > (3) Identification and location of persons. Develop emer- gency plans and procedures for the use of the facilities and personnel of the Department of Justice in assisting the Department of Health, Education, and Welfare with the development of plans and procedures for the identification of the dead and the reuniting of families during a civil defense emergency.
>   > Back to the Table of Contents

>   Part 6
>   Post Office Department

>   SECTION 601 Functions.
>   The Postmaster General shall prepare plans and programs for emergency mail service and shall cooperate with indicated Federal agencies, in accord- ance with existing agreements or directives, in the following national emergency programs:

>   > (1) Registering of persons. Assist the Department of Health, Education, and Welfare in planning a national program and developing technical guidance for States, and directing Post Office activities concerned with registering persons and families for the purpose of receiving and answering welfare inquiries and reuniting families in civil defense emergencies. The program shall include procurement, transportation, storage, and distribution of safety notification and emergency change of address cards in quantities and localities jointly determined by the Department of Defense and the Post Office Department.
>   > (2) Other emergency programs.

>   > > (a) Censorship of international mails. (Department of Defense; Department of the Treasury; Office of Emergency Preparedness)
>   > > (b) Provision for emergency mail service to Federal agencies at both regular and emergency sites. (General Services Administration)
>   > > (c) Emergency registration of Federal employees. (Civil Service Commission)
>   > > (d) Emergency leasing of space for Federal agencies. (General Services Administration)

>   > (3) Registration of enemy aliens. (Department of Justice)
>   > Back to the Table of Contents

>   Part 7
>   Department of the Interior

>   SECTION 701 Resume of Responsibilities.
>   The Secretary of the Interior shall prepare national emergency plans and develop preparedness programs covering

>   > (1) electric power;
>   > (2) petroleum and gas;
>   > (3) solid fuels;
>   > (4) minerals; and
>   > (5) water, as defined in Section 702 of this part.

>   SEC. 702 Definitions. As used in this part:

>   > (1) "Electric power" means all forms of electric power and energy, including the generation, transmission, distribution, and utilization thereof.
>   > (2) "Petroleum" means crude oil and synthetic liquid fuel, their products, and associated hydrocarbons, including pipelines for their movement and facilities specially designed for their storage.
>   > (3) "Gas" means natural gas (including helium) and manufactured gas, including pipelines for their movement and facilities specially designed for their storage.
>   > (4) "Solid fuels" means all forms of anthracite, bituminous, sub-bituminous, and lignitic coals, coke, and coal chemicals produced in the coke-making process.
>   > (5) "Minerals" means all raw materials of mineral origin (except petroleum, gas, solid fuels, and source materials as defined in the Atomic Energy Act of 1954, as amended) obtained by mining and like operations and processed through the stages specified and at the facilities designated in an agreement between the Secretary of the Interior and the Secretary of Commerce as being within the emergency
>   > preparedness responsibilities of the Secretary of the Interior.
>   > (6) "Water" means water from all sources except water after its withdrawal into a community system, or an emergency system for treatment, storage, and distribution for public use.

>   SEC. 703 Resource functions.
>   With respect to the resources defined in Section 702, the Secretary of the Interior shall:

>   > (1) Minerals development. Develop programs and encourage the exploration, development, and mining of strategic and critical minerals for emergency purposes.
>   > (2) Production. Provide guidance and leadership to assigned industries in the development of plans and programs to insure the continuity of production in the event of an attack, and cooperate with the Department of Commerce in the identification and evaluation of essential facilities.
>   > (3) Water. Develop plans with respect to water, including plans for the treatment and disposal, after use, of water after its withdrawal into a community system or an emergency system for treatment, storage, and distribution for public use. In developing any plans relating to water for use on farms and in food facilities, assure that those plans are in consonance with plans and programs of the Department of Agriculture.
>   > (4) Electric power and natural gas. In preparedness planning for electric power and natural gas, the Federal Power Commission shall assist the Secretary of the Interior as set forth in Section 1901 of this order.

>   Part 8
>   Department of Agriculture

>   SECTION 801 Resume of Responsibilities.
>   The Secretary of Agriculture shall prepare national emergency plans and develop preparedness programs covering:

>   > (1) food resources, farm equipment, fertilizer, and food resource facilities as defined below;
>   > (2) lands under the jurisdiction of the Secretary of Agriculture;
>   > (3) rural fire control;
>   > (4) defense against biological and chemical warfare and radiological fallout pertaining to agricultural activities; and
>   > (5) rural defense information and education.

>   SEC. 802 Definitions. As used in this part:

>   > ;(1) "Food resources" means all commodities and products, simple, mixed, or compound, or complements to such commodities or products, that are capable of being eaten or drunk, by either human beings or animals, irrespective of other uses to which such commodities or products`may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. For the purposes of this order, the term "food resources" shall also include all starches, sugars, vegetable and animal fats and oils, cotton, tobacco, wool, mohair, hemp, flax fiber, and naval stores, but shall not include any such material after it loses its identity as an agricultural commodity or agricultural product.
>   > (2) "Farm equipment" means machinery, equipment, and repair parts manufactured primarily for use on farms in connection with the production or preparation for market or use of "food resources."
>   > (3) "Fertilizer" means any product or combination of products for plant nutrition in form for distribution to the users thereof.
>   > (4) "Food resource facilities" means plants, machinery, vehicles (including on farm), and other facilities (including farm housing) for the production, processing, distribution, and storage (including cold storage) of food resources, and for domestic distribution of farm equipment and fertilizer.

>   SEC. 803 Functions.
>   With respect to food resources, food resource facilities, lands under the jurisdiction of the Secre- tary, farm equipment, and fertilizer, the Secretary of Agriculture shall:

>   > (1) Production, processing, storage, and distribution. Develop plans for priorities, allocations, and distribution control systems and related plans, including control of use of facilities designed to provide adequate and continuing production, processing, storage, and distribution of essential food resources in an emergency, and to provide for the domestic distribution of farm equipment and fertilizer.
>   > (2) Stockpiles. In addition to the food stockpile functions identified in Executive Order No. 10958, take all possible measures in the administration of Commodity Credit Corporation inventories of food resources to assure the availability of such inventories when and where needed in an emergency. The Secretary shall also develop plans and procedures for the proper utilization of agricultural items stockpiled for survival purposes.
>   > (3) Land management. Develop plans and direct activities for the emergency protection, management, and utilization of the lands, resources, and installations under the jurisdic- tion of the Secretary of Agriculture and assist in the development of plans for the emergency operation, production, and processing of forest products in cooperation with other Federal, State, and private agencies.

>   SEC. 804 Civil Defense Functions.
>   In consonance with national civil defense programs developed by the Department of Defense, the Secretary of Agriculture shall:

>   > (1) Rural fire defense. In cooperation with Federal, State, and local agencies, develop plans for a national program and direct activities relating to the prevention and control of fires in the rural areas of the United States caused by the effects of enemy attack.
>   > (2) Biological, chemical, and radiological warfare defense. Develop plans for a national program, direct Federal activities, and furnish technical guidance to State and local authorities concerning

>   > > (a) diagnosis and strengthening of defensive barriers and control or eradication of diseases, pests, or chemicals introduced as agents of biological or chemical warfare against animals, crops, or products thereof;
>   > > (b) protective measures, treatment, and handling of live- stock, including poultry, agricultural commodities on farms or ranches, agricultural lands, forest lands, and water for agricultural purposes, any of which have been exposed to or affected by radiation. Plans shall be developed for a national program and direction of Federal activities to assure the safety and wholesomeness and to minimize losses from biological and chemical warfare, radiological effects, and other emergency hazards of livestock, meat `and meat products, poultry and poultry products in establishments under the continuous inspection of the Department of Agriculture, and agricultural commodities and products owned by the Commodity Credit Corporation or by the Department of Agriculture.

>   > (3) Defense information and education. Conduct a defense information and education program in support of the Department's emergency responsibilities.
>   > Back to the Table of Contents
>   > ;

>   Part 9
>   Department of Commerce

>   SECTION 901 Resume of Responsibilities
>   The Secretary of Commerce shall prepare national emergency plans and develop preparedness programs covering:

>   > (1) The production and distribution of all materials, the use of all production facilities (except those owned by, controlled by, or under the jurisdiction of the Department of Defense or the Atomic Energy Commission), the control of all construction materials, and the furnishing of basic industrial services except those involving the following:

>   > > (a) Production and distribution of and use of facilities for petroleum, solid fuels, gas, electric power, and water;
>   > > (b) Production, processing, distribution, and storage of food resources and the use of food resource facilities for such production, processing, distribution, and storage;
>   > > (c) Domestic distribution of farm equipment and fertilizer;
>   > > (d) Use of communications services and facilities, housing and lodging facilities, and health, education, and welfare facilities ;
>   > > (e) Production, and related distribution, of minerals as defined in Subsection 702 (5), and source materials as defined in the Atomic Energy Act of 1954, as amended; and the construction and use of facilities designated as within the responsibilities of the Secretary of the Interior;
>   > > (f) Distribution of items in the supply systems of, or controlled by, the Department of Defense and the Atomic Energy Commission;
>   > > (g) Construction, use, and management of civil aviation facilities; and
>   > > (h) Construction and use of highways, streets, and appurtenant structures.

>   > (2) Federal emergency operational control responsibilities with respect to ocean shipping, ports, and port facilities, except those owned by, controlled by, or under the jurisdiction of the Department of Defense, and except those responsibilities of the Department of the Treasury with respect to the entrance and clearance of vessels. The following definitions apply to this part:

>   > > (a) "Ocean shipping" includes all overseas, coastwise, intercoastal, and Great Lakes shipping except that solely engaged in the transportation of passengers and cargo between United States ports on the Great Lakes.
>   > > (b) "Port" or "port area" includes any zone contiguous to or associated in the traffic network of an ocean or Great Lakes port, or outport location, including beach loading sites, within which facilities exist for transshipment of persons and property between domestic carriers and carriers engaged in coastal, intercoastal, and overseas transportation.
>   > > (c) "Port facilities" includes all port facilities, port equipment including harbor craft, and port services normally used in accomplishing the transfer or interchange of cargo and passengers between ocean-going vessels and other media of transportation, or in connection therewith (including the Great Lakes).

>   > (3) Scientific and technological services and functions, essential to emergency preparedness plans, programs, and operations of the Federal departments and agencies, in which the Department of Commerce has the capability, including, but not limited to:

>   > > (a) Meteorological and related services;
>   > > (b) Preparation, reproduction, and distribution of nautical and aeronautical charts, geodetic, hydrographic, and oceanographic data, and allied services for nonmilitary purposes;
>   > > (c) Standards of measurement and supporting services; and
>   > > (d) Research, development, testing, evaluation, applica- tion, and associated services and activities in the various fields and disciplines of science and technology in which the
>   > > Department has special competence.

>   > (4) Collection, compilation, and reporting of census information and the provision of statistical and related services, as required, for emergency planning and operations.
>   > (5) Regulation and control of exports and imports, under the jurisdiction of the Department of Commerce, in support of national security, foreign policy, and economic stabilization objectives.
>   > (6) Regulation and control of transfers of capital to, and reinvestment of earnings of, affiliated foreign nationals pursuant to authority conferred by Executive Order No. 11387 of January 1, 1968.

>   ;SEC. 902 Production Functions.
>   Within the areas designated in section 901 (1) hereof, the Secretary of Commerce shall:

>   > (1) Priorities and allocations. Develop control systems for priorities, allocation, production, and distribution, including provisions for other Federal departments and agencies, as appropriate, to serve as allotting agents for materials and other resources made available under such systems for designated programs and the construction and operation of facilities assigned to them.
>   > (2) New construction. Develop procedures by which new production facility construction proposals will be reviewed for appropriate location in light of such area factors as locational security, availability of labor, water, power, housing, and other support requirements.
>   > (3) Industry evaluation. Identify and evaluate the national security essentiality of those products and services, and their producing or supporting facilities, which are of exceptional importance to mobilization readiness, national defense, or
>   > post-attack survival and recovery.
>   > (4) Production capability. Analyze potential effects of attack on actual production capability, taking into account the entire production complex, including shortages of resources, and conduct studies as a basis for recommending pre-attack measures that would strengthen capabilities for post-attack production.
>   > (5) Loans for plant modernization. Develop plans, in coordination with the Small Business Administration, for providing emergency assistance to essential small business establishments through direct loans or participation loans for the financing of production facilities and equipment.

>   SEC. 903 Maritime Functions.
>   Within the areas designated in section 901(2) of this part, the Secretary of Commerce shall develop plans and procedures in consonance with international treaties, under coordinating authority of the Secretary of Transportation and in cooperation with other appropriate Federal agencies and the States and their political subdivisions, to provide for Federal operational control of ocean ports and shipping, including:

>   > (1) Shipping allocation. Allocation of specific ocean shipping to meet the national requirements, including those for military, foreign assistance, emergency procurement programs, and those essential to the civilian economy.
>   > (2) Ship acquisition. Provision of ships for ocean shipping by purchase, charter, or requisition, by breakout from the national defense reserve fleet, and by construction.
>   > (3) Operations. Operation of ocean shipping, directly or indirectly.
>   > (4) Traffic control. Provisions for the control of passengers and cargo through port areas to assure an orderly and continuous flow of such traffic.
>   > (5) Traffic priority. Administration of priorities for the movement of passengers and cargo through port areas.
>   > ;(6) Port allocation. Allocation of specific ports and port facilities to meet the needs of the Nation and our allies.
>   > ;(7) Support activities. Performance of supporting activities needed to carry out the above-described functions, such as: ascertaining national support requirements for ocean shipping, including those for support of military and other Federal programs and those essential to the civil economy; maintenance, repair, and arming of ships; recruiting, training, and assigning of officers and seamen; procurement, warehousing, and issuance of ships' stores, supplies, equipment, and spare parts; supervision of stevedoring and bunkering; management of terminals, shipyards, repair, and other facilities; and provision, maintenance, and restoration of port facilities.

>   SEC. 904 Census Functions.
>   Within the area designated in section 901(4) hereof, the Secretary of Commerce shall:

>   > (1) Provide for the collection and reporting of census information on the status of human and economic resources, including population, housing, agriculture, manufacture, mineral industries, business, transportation, foreign trade, construction, and governments, as required for emergency planning purposes.
>   > (2) Plan, create, and maintain a capability for the conduct of post-attack surveys to provide information on the status of surviving populations and resources as required for the programs of the Office of Emergency Preparedness.
>   > (3) Provide for and maintain the ability to make estimates of attack effects on industry, population, and other resources for use within the Department of Commerce.

>   ;SEC. 905 Civil Defense Functions.
>   In consonance with national civil defense programs developed by the Department of Defense, the Secretary of Commerce shall:

>   > ;(1) Weather functions. Prepare and issue currently, as well as in an emergency, forecasts and estimates of areas likely to be covered by radiological fallout in event of attack and make this information available to Federal, State, and local authorities for public dissemination.
>   > (2) Geodetic, hydrographic, and oceanographic data. Provide geodetic, hydrographic, and oceanographic data and services to the Department of Defense and other governmental agencies, as appropriate.
>   > Back to the Table of Contents
>   > ;

>   Part 10
>   Department of Labor

>   SECTION 1001 Resume of Responsibilities.
>   The Secretary of Labor shall have primary responsibility for preparing national emergency plans and developing preparedness programs covering civilian manpower mobilization, more effective utilization of limited manpower resources, including specialized personnel, wage and salary stabilization, worker incentives and protection, manpower resources and requirements, skill development and training, research, labor-management relations, and critical occupations.

>   SEC. 1002 Functions.
>   The Secretary of Labor shall:

>   > (1) Civilian manpower mobilization. Develop plans and issue guidance designed to utilize to the maximum extent civilian manpower resources, such plans and guidance to be developed with the active participation and assistance of the States and local political subdivisions thereof, and of other organizations and agencies concerned with the mobilization of the people of the United States. Such plans shall include, but not necessarily be limited to:

>   > > (a) Manpower management. Recruitment, selection and referral, training, employment stabilization (including appeals procedures), proper utilization, and determination of the skill categories critical to meeting the labor requirements of defense and essential civilian activities;
>   > > (b) Priorities. Procedures for translating survival and production urgencies into manpower priorities to be used as guides for allocating available workers; and
>   > > (c) Improving mobilization base. Programs for more effective utilization of limited manpower resources, and, in cooperation with other appropriate agencies, programs for recruitment, training, allocation, and utilization of persons possessing specialized competence or aptitude in acquiring such competence.

>   > (2) Wage and salary stabilization. Develop plans and procedures for wage and salary stabilization and for the national and field organization necessary for the administration of such a program in an emergency, including investigation, compliance, and appeals procedures; statistical studies of wages, salaries, and prices for policy decisions and to assist operating stabilization agencies to carry out their functions.
>   > (3) Worker incentives and protection. Develop plans and procedures for wage and salary compensation and death and disability compensation for authorized civil defense workers and, as appropriate, measures for unemployment payments, reemployment rights, and occupational safety, and other protection and incentives for the civilian labor force during an emergency.
>   > (4) Skill development and training. Initiate current action programs to overcome or offset present or anticipated manpower deficiencies, including those identified as a result of resource and requirements studies.
>   > (5) Labor-management relations. Develop, after consultation with the Department of Commerce, the Department of Transportation, the Department of Defense, the National Labor Relations Board, the Federal Mediation and Concilia- tion Service, the National Mediation Board, and other appropriate agencies and groups, including representatives of labor and management, plans and procedures, including organization plans, for the maintenance of effective labor- management relations during a national emergency.
>   > Back to the Table of Contents
>   > ;

>   Part 11
>   Department of Health, Education, and Welfare

>   ; SECTION 1101 Resume of Responsibilities.
>   In addition to the medical stockpile functions identified in Executive Order No. 10958, the Secretary of Health, Education, and Welfare shall prepare national emergency plans and develop prepared- ness programs covering health services, civilian health man- power, health resources, welfare services, social security benefits, credit union operations, and educational programs as defined below.

>   SEC. 1102 Definitions.
>   As used in this part:

>   > (1) "Emergency health services" means medical and dental care for the civilian population in all of their specialties and adjunct therapeutic fields, and the planning, provision, and operation of first aid stations, hospitals, and clinics;preventive health services, including detection, identification and control of communicable diseases, their vectors, and other public health hazards, inspection and control of purity and safety of food, drugs, and biologicals; vital statistics services; rehabilitation and related services for disabled survivors; preventive and curative care related to human exposure to radiological, chemical, and biological warfare agents; sanitary aspects of disposal of the dead; food and milk sanitation; community solid waste disposal; emergency public water supply; and the determination of the health significance of water pollution and the provi- sion of other services pertaining to health aspects of water use and water-borne wastes as set forth in an agreement between the Secretary of Health, Education, and Welfare and the Secretary of the Interior, approved by the President, pursuant to Reorganization Plan No. 2 of 1966, which plan placed upon the Secretary of the Interior responsibilities for the prevention and control of water pollution. It shall be understood that health services for the purposes of this order, however, do not encom- pass the following areas for which the Department of Agriculture has responsibility: plant and animal diseases and pest prevention, control, and eradication, wholesomeness of meat and meat products, and poultry and poultry products in establishments under continuous inspection service by the Department of Agriculture, veterinary biologicals, agricultural commodities and products owned by the Commodity Credit Corporation or the Secretary of Agriculture, livestock, agricultural commodities stored or harvestable on farms and ranches, agricultural lands and water, and registration of pesticides.
>   > (2) "Health manpower" means physicians (including osteopaths); dentists; sanitary engineers; registered professional nurses; and such other occupations as may be included in the List of Health Manpower Occupations issued for the purposes of this part by the Director of the Office of Emergency Preparedness after agreement by the Secretary of Labor and the Secretary of Health, Education, and Welfare.
>   > (3) "Health resources" means manpower, material, and facilities required to prevent the impairment of, improve, and restore the physical and mental health conditions of the
>   > civilian population.
>   > (4) "Emergency welfare services" means feeding; clothing; lodging in private and congregate facilities; registration; locating and reuniting families; care of unaccompanied children, the aged, the handicapped, and other groups needing specialized care or services; necessary financial or other assistance; counseling and referral services to families and individuals; aid to welfare institutions under national emergency or post-attack conditions; and all other feasible welfare aid and services to people in need during a civil defense emergency. Such measures include organization, direction, and provision of services to be instituted before attack, in the event of strategic or tactical evacuation, and after attack in the event of evacuation or of refuge in shelters.
>   > (5) "Social security benefits" means the determination of entitlement and the payment of monthly insurance benefits to those eligible, such as workers who have retired because of age or disability and to their dependent wives and children, and to the eligible survivors of deceased workers. It also includes determinations of eligibility and payments made on behalf of eligible individuals to hospitals, home health agencies, extended care facilities, physicians, and other providers of medical services.
>   > (6) "Credit union operations" means the functions of any credit union, chartered either by a State or the Federal Government, in stimulating systematic savings by members, the investment and protection of those savings, providing loans for credit union members at reasonable rates, and encouraging sound credit and thrift practices among credit union members.
>   > (7) "Education" or "training" means the organized process of learning by study and instruction primarily through public and private systems.

>   SEC. 1103 Health Functions.
>   With respect to emergency health services, as defined above, and in consonance with national civil defense plans, programs, and operation of the Department of Defense under Executive Order No. 10952, the Secretary of Health, Education, and Welfare shall:

>   > (1) Professional training. Develop and direct a nationwide program to train health manpower both in professional and technical occupational content and in civil defense knowl- edge and skills. Develop and distribute health education material for inclusion in the curricula of schools, colleges, professional schools, government schools, and other educa- tional facilities throughout the United States. Develop and distribute civil defense information relative to health services to States, voluntary agencies, and professional groups.
>   > (2) Emergency public water supply. Prepare plans to assure the provision of usable water supplies for human consumption and other essential community uses in an emergency. This shall include inventorying existing community water supplies, planning for other alternative sources of water for emergency uses, setting standards relating to human consumption, and planning community distribution. In carrying on these activities, the Department shall have primary responsibility but will make maximum use of the resources and competence of State and local authorities, the Depart- ment of the Interior, and other Federal agencies.
>   > (3) Radiation. Develop and coordinate programs of radiation measurement and assessment as may be necessary to carry out the responsibilities involved in the provision of emergency health services.
>   > (4) Biological and chemical warfare. Develop and coordinate programs for the prevention, detection, and identification of human exposure to chemical and biological warfare agents as may be necessary to carry out the responsibilities involved in the provision of emergency health services, including the provision of guidance and consultation to Federal, State, and local authorities on measures for mini- miting the effects of biological or chemical warfare.
>   > (5) Food, drugs, and biologicals. Plan and direct national programs for the maintenance of purity and safety in the manufacture and distribution of food, drugs, and biologicals in an emergency.
>   > (6) Disabled survivors. Prepare national plans for emer- gency operations of vocational rehabilitation and related agencies, and for measures and resources necessary to rehabilitate and make available for employment those dis- abled persons among the surviving population.

>   SEC. 1104 Welfare Functions.
>   With respect to emergency welfare services as defined above, and in consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, the Secretary of Health, Education, and Welfare shall:

>   > (1) Federal support. Cooperate in the development of Federal support procedures, through joint planning with other Departments and agencies, including but not limited to the Post Office Department, the Department of Labor, and the Selective Service System, the Department of Housing and Urban Development, and resource agencies, including the Department of Agriculture, the Department of the Interior, and the Department of Commerce, for logistic support of State and community welfare services in an emergency.
>   > (2) Emergency welfare training. Develop and direct a nationwide program to train emergency welfare manpower for the execution of the functions set forth in this part, develop welfare educational materials, including self-help program materials for use with welfare organizations and professional schools, and develop and distribute civil defense information relative to emergency welfare services to States, voluntary agencies, and professional groups.
>   > (3) Financial aid. Develop plans and procedures for financial assistance to individuals injured or in want as a result of enemy attack and for welfare institutions in need of such assistance in an emergency.
>   > (4) Non-combatant evacuees to the Continental United States. Develop plans and procedures for assistance, at ports of entry to U.S. personnel evacuated from overseas areas, their onward movement to final destination, and follow-up assistance after arrival at final destination.

>   SEC. 1105 Social Security Functions.
>   With respect to social security, the Secretary of Health, Education, and Welfare shall:

>   > (1) Social security benefits. Develop plans for the continu- ation or restoration of benefit payments to those on the insurance rolls as soon as possible after a direct attack upon the United States, and prepare plans for the acceptance and disposition of current claims for social security benefits.
>   > (2) Health insurance. Develop plans for the payment of health insurance claims for reimbursement for items or services provided by hospitals, physicians, and other pro- viders of medical services submitted by or on behalf of individuals who are eligible under the Medicare program.

>   SEC. 1106 Credit Union Functions.
>   With respect to credit union functions, the Secretary of Health, Education, and Welfare shall:

>   > (1) Credit union operations. Provide instructions to all State and Federally chartered credit unions for the develop- ment of emergency plans to be put into effect as soon as possible after an attack upon the United States in order to guarantee continuity of credit union operations.
>   > (2) Economic stabilization. Provide guidance to credit unions that will contribute to stabilization of the Nation's economy by helping to establish and maintain a sound economic base for combating inflation, maintaining confi- dence in public and private financial institutions, and promoting thrift.

>   SEC. 1107 Education Functions.
>   With respect to education, the Secretary of Health, Education, and Welfare shall:

>   > (1) Program guidance. Develop plans and issue guidance for the continued function of educational systems under all conditions of national emergency. Although extraordinary circumstances may require the temporary suspension of education, plans should provide for its earliest possible resumption.
>   > (2) Educational adjustment. Plan to assist civilian educa- tional institutions, both public and private, to adjust to demands laid upon them by a large expansion of government activities during any type of emergency. This includes advice and assistance to schools, colleges, universities, and other educational institutions whose facilities may be temporarily needed for Federal, State, or local government programs in an emergency or whose faculties and student bodies may be affected by the demands of a sudden or long-standing emergency.
>   > (3) Post-attack recovery. Develop plans for the rapid restoration and resumption of education at all levels after an attack. This includes assistance to educators and educational institutions to locate and use surviving facilities, equipment, supplies, books, and educational personnel. Particular empha- sis shall be given to the role of educational institutions and educational leadership in reviving education and training in skills needed for post-attack recovery.
>   > (4) Civil defense education. In consonance with national civil defense plans, programs, and operations of the Department of Defense, develop and issue instructional materials to assist schools, colleges, and other educational institutions to incorporate emergency protective measures and civil defense concepts into their programs. This includes assistance to various levels of education to develop an understanding of the role of the individual, family, and community for civil defense in the nuclear age.
>   > Back to the Table of Contents
>   > ;

>   Part 12
>   Department of Housing and Urban Development

>   ;SECTION 1201 Resume of Responsibilities.
>   The Secretary of Housing and Urban Development shall prepare national emergency plans and develop preparedness programs covering all aspects of housing, community facilities related to housing, and urban development (except that housing assets under the jurisdiction and control of the Department of Defense, other than those leased for terms not in excess of one year, shall be and remain the responsibility of the Department of Defense).

>   SEC. 1202 Definition. As used in this part:

>   > (1) "Emergency housing" means any and all types of accommodations used as dwellings in an emergency.
>   > (2) "Community facilities related to housing" means installations necessary to furnish water, sewer, electric, and gas services between the housing unit or project and the nearest practical source or servicing point.
>   > (3) "Urban development" means the building or restoration of urban community, suburban, and metropolitan areas (except transportation facilities).

>   SEC. 1203 Housing and Community Facilities Functions.
>   The Secretary of Housing and Urban Development shall:

>   > (1) New housing. Develop plans for the emergency construction and management of new housing and the community facilities related thereto to the extent that it is determined that it may be necessary to provide for such construction and management with public funds and through direct Federal action, and to the extent that such construction of new housing may have to be provided through Federal financial or credit assistance.
>   > ;(2) Community facilities. Develop plans to restore community facilities related to housing affected by an emergency through the repair of damage, the construction of new facilities, and the use of alternate or back-up facilities.

>   ;SEC. 1204 Urban Development Functions.
>   The Secretary of Housing and Urban Development shall:

>   > ;(1) Regional cooperation. Encourage regional emergency planning and cooperation among State and local governments with respect to problems of housing and metropolitan development.
>   > ;(2) Vulnerability and redevelopment. In cooperation with the Office of Emergency Preparedness, develop criteria and provide guidance for the design and location of housing and community facilities related to housing to minimize the risk of loss under various emergency situations. Develop criteria for determining which areas should be redeveloped in the event of loss or severe damage resulting from emergencies.

>   SEC. 1205 Civil Defense Functions.
>   In consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, the Secretary of Housing and Urban Development shall:

>   > (1) Transitional activities. Develop plans for the orderly transfer of people from fallout shelters and from billets to temporary or permanent housing, including advice and guidance for State and local government agencies in the administration thereof. These plans shall be coordinated with national plans and guidance for emergency welfare services of the Department of Health, Education, and Welfare.
>   > (2) Temporary housing. Develop plans for the emergency repair and restoration for use of damaged housing, for the construction and management of emergency housing units and the community facilities related thereto, for the emer- gency use of tents and trailers, and for the emergency conversion for dwelling use of non-residential structures, such activities to be financed with public funds through direct Federal action or through financial or credit assistance.
>   > ;(3) Shelter. In conformity with national shelter policy assist in the development of plans to encourage the construc- tion of shelters for both old and new housing, and develop administrative procedures to encourage the use of low-cost design and construction techniques to maximize protection in connection with national programs.
>   > Back to the Table of Contents
>   > ;

>   Part 13
>   Department of Transportation

>   SECTION 1301 Resume of Responsibilities.
>   The Secretary of Transportation, in carrying out his responsibilities to exercise leadership in transportation matters affecting the national defense and those involving national or regional transportation emergencies, shall prepare emergency plans and develop preparedness programs covering:

>   > (1) Preparation and promulgation of over-all national policies, plans, and procedures related to providing civil transportation of all forms - air, ground, water, and pipelines, including public storage and warehousing (except storage of petroleum and gas and agricultural food resources including cold storage): Provided that plans for the movement of petroleum and natural gas through pipelines shall be the responsibility of the Secretary of the Interior except to the extent that such plans are a part of functions vested in the Secretary of Transportation by law;
>   > (2) Movement of passengers and materials of all types by all forms of civil transportation;
>   > (3) Determination of the proper apportionment and allocation for control of the total civil transportation capacity, or any portion thereof, to meet over-all essential civil and military needs;
>   > (4) Determination and identification of the transportation resources available and required to meet all degrees of national emergencies and regional transportation emergencies;
>   > (5) Assistance to the various States, the local political subdivisions thereof, and non-governmental organizations and systems engaged in transportation activities in the preparation of emergency plans;
>   > (6) Rehabilitation and recovery of the Nation's transportation systems; and
>   > (7) Provisions for port security and safety, for aids to maritime navigation, and for search and rescue and law enforcement over, upon, and under the navigable waters of the United States and the high seas.

>   SEC. 1302 Transportation Planning and Coordination
>   Functions. In carrying out the provisions of Section 1301, the Secretary of Transportation, with assistance and support of other Federal, State and local governmental agencies, and the transport industries, as appropriate, shall:

>   > (1) Obtain, assemble, analyze, and evaluate data on current and projected emergency requirements of all claimants for all forms of civil transportation to meet the needs of the military and of the civil economy, and on current and projected civil transportation resources -- of all forms available to the United States to move passengers or materials in an emergency.
>   > (2) Develop plans and procedures to provide - under emergency conditions - for the collection and analysis of passenger and cargo movement demands as they relate to the capabilities of the various forms of transport, including the periodic assessment of over-all transport resources available to meet emergency requirements.
>   > (3) Conduct a continuing analysis of transportation requirements and capabilities in relation to economic projections for the purpose of initiating actions and/or recommending incentive and/or regulatory programs designed to stimulate government and industry improvement of the structure of the transportation system for use in an emergency.
>   > (4) Develop systems for the control of the movement of passengers and cargo by all forms of transportation, except for those resources owned by, controlled by, or under the jurisdiction of the Department of Defense, including allocation of resources and assignment of priorities, and develop policies, standards, and procedures for emergency enforcement of these controls.

>   SEC. 1303 Departmental Emergency Transportation Preparedness.
>   Except for those resources owned by, controlled by, or under the jurisdiction of the Department of Defense, the Secretary of Transportation shall prepare emergency operational plans and programs for, and develop a capability to carry out, the transportation operating responsibilities assigned to the Department, including but not limited to:

>   > (1) Allocating air carrier civil air transportation capacity and equipment to meet civil and military requirements.
>   > (2) Emergency management, including construction, reconstruction, and maintenance of the Nation's civil airports, civil aviation operating facilities. civil aviation services, and civil aircraft (other than air carrier aircraft), except manufacturing facilities.
>   > (3) Emergency management of all Federal, State, city, local, and other highways, roads, streets, bridges, tunnels, and appurtenant structures, including:

>   > > (a) The adaptation, development, construction, reconstruction, and maintenance of the Nation's highway and street systems to meet emergency requirements;
>   > > (b) The protection of the traveling public by assisting State and local authorities in informing them of the dangers of travel through hazardous areas; and
>   > > (c) The regulation of highway traffic in an emergency through a national program in cooperation with all Federal, State, and local governmental units or other agencies concerned.

>   > (4) Emergency plans for urban mass transportation, including:

>   > > (a) Providing guidance to urban communities in their emergency mass transportation planning efforts, either directly or through State, regional, or metropolitan agencies;
>   > > (b) Coordinating all such emergency planning with the Department of Housing and Urban Development to assure compatibility with emergency plans for all other aspects of urban development;
>   > > (c) Maintaining an inventory of urban mass transportation systems.

>   > (5) Maritime safety and law enforcement over, upon, and under the high seas and waters, subject to the jurisdiction of the United States, in the following specific programs:

>   > > (a) Safeguarding vessels, harbors, ports, and waterfront facilities from destruction, loss or injury, accidents, or other causes of a similar nature.
>   > > (b) Safe passage over, upon, and under the high seas and United States waters through effective and reliable systems of aids to navigation and ocean stations.
>   > > (c) Waterborne access to ice-bound locations in furtherance of national economic, scientific, defense, and consumer needs.
>   > > (d) Protection of lives, property, natural resources, and national interests through enforcement of Federal law and timely assistance.
>   > > (e) Safety of life and property through regulation of commercial vessels, their officers and crew, and administration of maritime safety law.
>   > > (f) Knowledge of the sea, its boundaries, and its resources through collection and analysis of data in support of the national interest.
>   > > (g) Operational readiness for essential wartime functions.

>   > (6) Planning for the emergency management and operation of the Alaska Railroad, and for the continuity of railroad and petroleum pipeline safety programs.
>   > (7) Planning for the emergency operation and maintenance of the United States-controlled sections of the Saint Lawrence Seaway.
>   > Back to the Table of Contents
>   > ;

>   Part 14
>   Atomic Energy Commission

>   SECTION 1401 Functions.
>   The Atomic Energy Commission shall prepare national emergency plans and develop preparedness programs for the continuing conduct of atomic energy activities of the Federal Government. These plans and programs shall be designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States and, consistent with applicable provisions of the Atomic Energy Act of 1954, as amended, shall be closely coordinated with the Department of Defense and the Office of Emergency Preparedness. The Atomic Energy Commission shall:

>   > (1) Production. Continue or resume in an emergency, essential

>   > > (a) manufacture, development, and control of nuclear weapons and equipment, except to the extent that the control over such weapons and equipment shall have been transferred to the Department of Defense;
>   > > (b) development and technology related to reactors;
>   > > (c) process development and production of feed material, special nuclear materials, and other special products;
>   > > (d) related raw materials procure- ment, processing, and development; and (e) repair, maintenance, and construction related to the above.

>   > (2) Regulation. Continue or resume in an emergency

>   > > (a) controlling the possession, use, transfer, import, and export of atomic materials and facilities; and
>   > > (b) ordering the opera- tion or suspension of licensed facilities, and recapturing from licensees, where necessary, special nuclear materials whether related to military support or civilian activities.

>   > (3) Public health and safety. Shut down, where required, in anticipation of an imminent enemy attack on the United States, and maintain under surveillance, all Commission- owned facilities which could otherwise constitute a signifi- cant hazard to public health and safety, and insure the development of appropriate emergency plans for nuclear reactors and other nuclear activities licensed by the Commission whether privately-owned or Government-owned.
>   > (4) Scientific, technical, and public atomic energy information. Organize, reproduce, and disseminate appropriate public atomic energy information and scientific and technical reports and data relating to nuclear science research, development, engineering, applications, and effects to interested Government agencies, the scientific and technical communities, and approved, friendly, and cooperating foreign nations.
>   > (5) International atomic energy affairs. Maintain, in consultation with the Department of State, essential liaison with foreign nations with respect to activities of mutual interest involving atomic energy.
>   > (6) Health services. Assist the Department of Health, Education, and Welfare, consistent with the above require- ments, in integrating into civilian health programs in an emergency the Commission's remaining health manpower and facilities not required for the performance of the Commission's essential emergency functions.
>   > (7) Priorities and allocations. Plan for the administration of any priorities and allocations authority delegated to the Atomic Energy Commission. Authorize procurement and production schedules and make allotments of controlled materials pursuant to program determinations of the Office of Emergency Preparedness.
>   > Back to the Table of Contents
>   > ;

>   Part 15
>   Civil Aeronautics Board

>   SECTION 1501 Definitions.
>   As used in this part:

>   > (1) "War Air Service Program" (hereinafter referred to as WASP) means the program designed to provide for the maintenance of essential civil air routes and services, and to provide for the distribution and redistribution of air carrier aircraft among civil air transport carriers after withdrawal of aircraft allocated to the Civil Reserve Air Fleet.
>   > (2) "Civil Reserve Air Fleet" (hereinafter referred to as CRAF) means those air carrier aircraft allocated by the Secretary of Transportation to the Department of Defense to meet essential military needs in the event of an emergency.

>   SEC. 1502 Functions.
>   The Civil Aeronautics Board, under the coordinating authority of the Secretary of Transportation, shall:

>   > (1) Distribution of aircraft. Develop plans and be prepared to carry out such distribution and redistribution of all air carrier civil aircraft allocated by the Secretary of Transporta- tion among the civil air transport carriers as may be necessary to assure the maintenance of essential civil routes and services under WASP operations after the CRAF requirements have been met.
>   > (2) Economic regulations. Develop plans covering route authorizations and operations, tariffs, rates, and fares charged the public, mail rates, government compensation and subsidy, and accounting and contracting procedures essential to WASP operations.
>   > (3) Operational controls and priorities. Develop plans and procedures for the administration of operational controls and priorities of passenger and cargo movements in connection with the utilization of air carrier aircraft for WASP purposes in an emergency.
>   > (4) Investigation. Maintain the capability to investigate violations of emergency economic regulations affecting air carrier operations.
>   > (5) Contracting. Prepare to perform as a contracting agency, if such an agency is necessary, in connection with distribution and redistribution of aircraft for WASP.

>   Part 16
>   Export-Import Bank of the United States

>   ;SECTION 1601 Functions.

>   > (a) Under guidance of the Secretary of the Treasury, the Export-Import Bank shall develop plans for the utilization of the resources of the Bank, or other resources made available to the Bank, in expansion of productive capacity abroad for essential materials, foreign barter arrangements, acquisition of emergency imports, and in support of the domestic economy, or any other plans designed to strengthen the relative position of the Nation and its allies.
>   > (b) In carrying out the guidance functions described above, the Secretary of the Treasury shall consult with the Secretary of State and the Secretary of Commerce as appropriate.
>   > Back to the Table of Contents
>   > ;

>   Part 17
>   Federal Bank Supervisory Agencies

>   SECTION 1701 Financial Plans and Programs.
>   The Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Farm Credit Administration, and the Federal Deposit Insur- ance Coorporation shall participate with the Office of Emergency Preparedness, the Department of the Treasury, and other agencies in the formulation of emergency financial and stabilization policies. The heads of such agencies shall, as appropriate, develop emergency plans, programs, and regula- tions, in consonance with national emergency financial and stabilization plans and policies, to cope with potential economic effects of mobilization or an attack, including, but not limited to, the following:

>   > (1) Money and credit. Provision and regulation of money and credit in accordance with the needs of the economy, including the acquisition, decentralization, and distribution of emergency supplies of currency; the collection of cash items and non-cash items; and the conduct of fiscal agency and foreign operations.
>   > (2) Financial institutions. Provision for the continued or resumed operation of banking, savings and loan, and farm credit institutions, including measures for the re-creation of evidence of assets or liabilities destroyed or inaccessible.
>   > (3) Liquidity. Provision of liquidity necessary to the continued or resumed operation of banking, savings and loan, credit unions, and farm credit institutions, including those damaged or destroyed by enemy action.
>   > (4) Cash withdrawals and credit transfers. Regulation of the withdrawal of currency and the transfer of credits including deposit and share account balances.
>   > (5) Insurance. Provision for the assumption and discharge of liability pertaining to insured deposits and insured savings accounts or withdrawable shares in banking and savings and loan institutions destroyed or made insolvent.

>   SEC. 1702 Sharing of war losses.
>   Heads of agencies shall, as appropriate, participate with the Office of Emergency Preparedness and the Department of the Treasury in the development of policies, plans, and procedures for implementation of national policy on sharing war losses.
>   Back to the Table of Contents
>   ;

>   Part 18
>   Federal Communications Commission

>   SECTION 1801 Definitions.
>   As used in this part:

>   > (1) "Common carrier" means any person subject to Commission regulation engaged in providing for use by the public, for hire, interstate or foreign communications facilities or services by wire or radio; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.
>   > (2) "Broadcast facilities" means those stations licensed by the Commission for the dissemination of radio communications intended to be received by the public directly or by the intermediary of relay stations.
>   > (3) "Safety and special radio services" includes those non-broadcast and non-common carrier services which are licensed by the Commission under the generic designation "safety and special radio services" pursuant to the Commission's Rules and Regulations.

>   SEC. 1802 Functions.
>   The Federal Communications Commission shall develop policies, plans, and procedures, in consonance with national telecommunications plans and policies developed pursuant to Executive Order No. 10705, Executive Order No. 10995, Executive Order No. 11051, the Presidential Memorandum of August 21, 1963, "Establishment of the National Communications System", and other appropriate authority, covering:

>   > (1) Common carrier service.

>   > > (a) Extension, discontinuance, or reduction of common carrier facilities or services, and issuance of appropriate authorizations for such facilities, services, and personnel in an emergency; and control of all rates, charges, practices, classifications, and regulations for service to Government and non-Government users during an emergency, in consonance with overall national economic stabilization policies.
>   > > (b) Development and administration of priority systems for public correspondence and for the use and resumption of leased inter-city private line service in an emergency.
>   > > (c) Use of common carrier facilities and services to overseas points to meet vital needs in an emergency.

>   > (2) Broadcasting service. Construction, activation, or deactivation of broadcasting facilities and services, the continuation or suspension of broadcasting services and facilities, and issuance of appropriate authorizations for such facilities, services, and personnel in an emergency.
>   > (3) Safety and special radio services. Authorization, opera- tion, and use of safety and special radio services, facilities, and personnel in the national interest in an emergency.
>   > (4) Radio frequency assignment. Assignment of radio frequencies to, and their use by, Commission licensees in an emergency.
>   > (5) Electromagnetic radiation. Closing of any radio station or any device capable of emitting electro-magnetic radiation or suspension or amending any rules or regulations applicable thereto, in any emergency, except for those belonging to, or operated by, any department or agency of the United States Government.
>   > (6) Investigation and enforcement. Investigation of viola- tions of pertinent law and regulations in an emergency, and development of procedures designated to initiate, recom- mend, or otherwise bring about appropriate enforcement actions required in the interest of national security.
>   > Back to the Table of Contents
>   > ;

>   Part 19
>   Federal Power Commission

>   SECTION 1901 Functions.
>   The Federal Power Commis- sion shall assist the Department of the Interior, in conformity with Part 7, in the preparation of national emergency plans and the development of preparedness programs for electric power and natural gas in the areas as set forth in the Memorandum of Agreement dated August 9, 1962, between the Secretary of the Interior and the Chairman of the Federal Power Commission.

>   Part 20
>   General Services Administration

>   SECTION 2001 Resume of Responsibilities.
>   The Administrator of General Services shall prepare national emergency plans and develop preparedness programs designed to permit modification or expansion of the activities of the General Services Administration under the Federal Property and Administrative Services Act of 1949, as amended and other statutes prescribing the duties and responsibilities of the Administrator. These plans and programs shall include, but not be limited to:

>   > (1) operation, maintenance, and protec- tion of Federal buildings and their sites; construction, alteration, and repair of public buildings; and acquisition; utilization, and disposal of real and personal properties;
>   > (2) public utilities service management for Federal agencies;
>   > (3) telecommunications to meet the essential requirements of civilian activities of executive departments and agencies;
>   > (4) transportation management to meet the traffic service requirements of civilian activities of Federal agencies;
>   > (5) records management;
>   > (6) Emergency Federal Register;
>   > (7) Government-wide supply support;
>   > (8) service to survival items stockpiles;
>   > (9) national industrial reserve;
>   > (10) guidance and consultation to Government agencies regarding facilities protection measures;
>   > (11) administration of assigned functions under the Defense Production Act; and
>   > (12) administration and operation of the stockpile of strategic and critical materials in accordance with policies and guidance furnished by the Office of Emergency Preparedness.

>   SEC. 2002 Functions.
>   The Administrator of General Services shall:

>   > (1) Public buildings. Develop emergency plans and proce- dures for the operation, maintenance, and protection of both existing and new Federally-owned and Federally-occupied buildings, and construction, alteration, and repair of public buildings. Develop emergency operating procedures for the control, acquisition, assignment, and priority of occupancy of real property by the Federal Government and by State and local governments to the extent they may be performing functions as agents of the Federal Government.
>   > (2) Public utility service management. Develop emergency operational plans and procedures for the claimancy, procure- ment, and use of public utility services for emergency activities of executive agencies of the Government.
>   > (3) Communications. Plan for and provide, operate, and maintain appropriate telecommunications facilities designed to meet the essential requirements of Federal civilian departments and agencies during an emergency within the framework of the National Communications System. Plans and programs of the Administrator shall be in consonance with national telecom- munications policies, plans, and programs developed pursuant to Executive Order No. 10705, Executive Order No. 10995, Executive Order No. 11051, and the Presidential Memorandum of August 21, 1963, "Establishment of the National Communi- cations System," or other appropriate authority.
>   > (4) Transportation. Develop plans and procedures for providing:

>   > > (a) general transportation and traffic management services to civilian activities of Federal agencies in connection with movement of property and supplies, including the claimancy, contracting, routing, and accounting of Government shipments by commercial transportation in time of emergency; and
>   > > (b) motor vehicle service to meet the administrative needs of Federal agencies, including dispatch and scheduled Government motor service at and between headquarters, field offices, relocation sites, and other installa- tions of the Federal and State governments.

>   > (5) Records. Provide instructions and advice on appraisal, selection, preservation, arrangement, reference, reproduction, storage, and salvage of essential records needed for the operation of the Federal Government after attack, on an emergency basis, including a decentralized system.
>   > (6) Federal Register. Develop emergency procedures for providing and making available, on a decentralized basis, a Federal Register of Presidential Proclamations and Executive Orders, Federal administrative regulations, Federal emergen- cy notices and actions, and Acts of Congress during a national emergency.
>   > (7) Government-wide procurement and supply. Prepare plans and procedures for the coordination and/or operation of Government-wide supply programs to meet the require- ments of Federal agencies under emergency conditions, including the development of policies, methods, and proce- dures for emergency procurement and for emergency requisi- tioning of private property when authorized by law and competent authority; identification of essential civil agency supply items under the Federal catalog system;development of emergency Federal specifications and standards; deter- mination of sources of supply; procurement of personal property and non-personal services; furnishing appropriate inspection and contract administration services; and establish- ment, coordination, and/or operation of emergency storage and distribution facilities.
>   > (8) Survival item stockpiles. Assist the Department of Health, Education, and Welfare, insofar as civil defense medical stockpile items under its jurisdiction are concerned, and the Department of Defense, insofar as survival items under its jurisdiction are concerned, in formulating plans and programs for service activity support relating to stockpiling of such supplies and equipment. The Administrator shall arrange for the procurement, storage, maintenance, inspec- tion, survey, withdrawal, and disposal of supplies and equipment in accordance with the provisions of interagency agreements with the departments concerned.
>   > (9) National industrial reserve and machine tool program. Develop plans for the custody of the industrial plants and production equipment in the national industrial reserve and assist the Department of Defense, in collaboration with the Department of Commerce, in the development of plans and procedures for the disposition, emergency reactivation, and utilization of the plants and equipment of this reserve in the custody of the Administrator.
>   > (10) Excess and surplus real and personal property. Devel- op plans and emergency operating procedures for the utilization of excess and surplus real and personal property by Federal Government agencies with emergency assignments or by State and local governmental units as directed, including review of the property holdings of Federal agencies which do not possess emergency functions to determine the availability of property for emergency use, and including the disposal of real and personal property and the rehabilitation of personal property.
>   > (11) Facilities protection and building and shelter mana- ger service. In accordance with the guidance from the Department of Defense, promote, with respect to Federal buildings and installations, a Government-wide program

>   > > (a) to stimulate protection, preparedness, and control in emergencies in order to minimize the effects of overt or covert attack, including dispersal of facilities; and
>   > > (b) to establish shelter manager organizations, including safety and service personnel, shelter manager service, first aid, police, and evacuation service.
>   > > Back to the Table of Contents

>   SEC. 2003 Defense Production.
>   Tile Administrator of General Services shall assist the Office of Emergency Preparedness in the formulation of plans and programs relating to the certification of procurement programs, subsidy payments, and plant improvement programs provided for by the Defense Production Act of 1950, as amended.

>   SEC. 2004 Strategic and Critical Materials Stockpiles.
>   The Administrator of General Services shall assist the Office of Emergency Preparedness in formulating plans, programs, and reports relating to the stockpiling of strategic and critical materials. Within these plans and programs, the Administrator shall provide for the procure- ment (for this purpose, procurement includes upgrading, rotation, and beneficiation), storage, security, maintenance, inspection, withdrawal, and disposal of materials, supplies, and equipment.

>   Back to the Table of Contents

>   Part 21
>   Interstate Commerce Commission

>   SECTION 2101 Resume of Responsibilities.
>   The Chairman of the Interstate Commerce Commission, under the coordina- ting authority of the Secretary of Transportation, shall prepare national emergency plans and develop preparedness programs covering railroad utilization, reduction of vulnera- bility, maintenance, restoration, and operation in an emer- gency (other than for the Alaska Railroad - see Section 1303(6)); motor carrier utilization, reduction of vulnera- bility, and operation in an emergency; inland waterway utilization of equipment and shipping, reduction of vulnera- bility, and operation in an emergency; and also provide guidance and consultation to domestic surface transportation and storage industries, as defined below, regarding emergency preparedness measures, and to States regarding development of their transportation plans in assigned areas.

>   SEC. 2102 Definitions.
>   As used in this part:

>   > (1) "Domestic surface transportation and storage" means rail, motor, and inland water transportation facilities and services and public storage;
>   > (2) "Public storage" includes warehouses and other places which are used for the storage of property belonging to persons other than the persons having the ownership or control of such premises;
>   > (3) "Inland water transportation" includes shipping on all inland waterways and Great Lakes shipping engaged solely in the transportation of passengers or cargo between United States ports on the Great Lakes;
>   > (4) Specifically excluded, for the purposes of this part, are pipelines, petroleum and gas storage, agricultural food resources storage, including the cold storage of food resources, the St. Lawrence Seaway, ocean ports and Great Lakes ports and port facilities, highways, streets, roads, bridges, and related appurtenances, maintenance of inland waterways, and any transportation owned by or pre-allocated to the military.

>   SEC. 2103 Transportation Functions.
>   The Interstate Commerce Commission shall:

>   > (1) Operational control. Develop plans with appropriate private transportation and storage organizations and associations for the coordination and direction of the use of domestic surface transportation and storage facilities for movement of passenger and freight traffic.
>   > (2) Emergency operations. Develop and maintain necessary orders and regulations for the operation of domestic surface transport and storage industries in an emergency.
>   > Back to the Table of Contents
>   > ;

>   Part 22
>   National Aeronautics and Space Administration

>   SECTION 2201 Functions.
>   The Administrator of the National Aeronautics and Space Administration shall:

>   > (1) Research and development. Adapt and utilize the scientific and technological capability of the National Aeronautics and Space Administration, consistent with over-all requirements to meet priority needs of the programs of the Federal Government in an emergency. This will include the direction and conduct of essential research and development activities relating to

>   > > (a) aircraft, spacecraft, and launch vehicles,
>   > > (b) associated instrumentation, guidance, control and payload, propulsion, and communications systems,
>   > > (c) scientific phenomena affecting both manned and unman- ned space flights,
>   > > (d) the life sciences (biology, medicine, and psychology) as they apply to aeronautics and space, and
>   > > (e) atmospheric and geophysical sciences.

>   > (2) Military support. Provide direct assistance as requested by the Department of Defense and other agencies in support of the military effort. This may include

>   > > (a) undertaking urgent projects to develop superior aircraft, spacecraft, launch vehicles, and weapons systems,
>   > > (b) developing methods to counter novel or revolutionary enemy weapons systems.
>   > > (c) providing technical advice and assistance on matters involving air and space activities, and
>   > > (d) furnishing personnel and facilities to assist in emergency repairs of equipment deficiencies and for other essential purposes.
>   > > Back to the Table of Contents
>   > > ;

>   Part 23
>   National Science Foundation

>   ;SECTION 2301 Functions.
>   The Director of the National Science Foundation shall:

>   > (1) Manpower functions. Assist the Department of Labor in sustaining readiness for the mobilization of civilian manpower by:

>   > > (a) maintaining the Foundation's register of scientific and technical personnel in such form and at such locations as will assure maximum usefulness in an emergency;
>   > > (b) being prepared for rapid expansion of the Foundation's current operation as a central clearing house for information covering all scientific and technical personnel in the United States and its possessions; and
>   > > (c) developing, in consultation with the Department of Labor, the Selective Service System, the Department of Defense, and the Office of Science and Technology, plans and procedures to assure the most effective distribution and utilization of the Nation's scientific and engineering manpower in an emergency.

>   > (2) Special functions.

>   > > (a) Provide leadership in devel- oping, with the assistance of Federal and State agencies and appropriate non-governmental organizations, the ability to mobilize scientists, in consonance with over-all civilian manpower mobilization programs, to perform or assist in performance of special tasks, including the identification of and defense against unconventional warfare;
>   > > (b) advance the national radiological defense capability by including, in consultation with appropriate agencies, pertinent scientific information and radiological defense techniques in the Foundation's scientific institute program for science, mathe- matics, and engineering teachers;
>   > > (c) assemble data on the location and character of major scientific research facilities, including non-governmental as well as government facilities, and their normal inventories of types of equipment and instruments which would be useful in identification and analysis of hazards to human life in the aftermath of enemy attack; and
>   > > (d) prepare to carry on necessary programs for basic research and for training of scientific manpower.
>   > > Back to the Table of Contents
>   > > ;

>   Part 24
>   Railroad Retirement Board

>   ;SECTION 2401 Functions. The Railroad Retirement Board shall:

>   > ;(1) Manpower functions. Within the framework of the over-all manpower plans and programs of the Department of Labor, assist in the mobilization of civilian manpower in an emergency by developing plans for the recruitment and referral of that segment of the Nation's manpower recources subject to the Railroad Retirement and Railroad Unemployment Insurance Acts.
>   > ;(2) Benefit payments. Develop plans for administering, under emergency conditions, the essential aspects of the Railroad Retirement Act and Railroad Unemployment Insurance Act consistent with overall Federal plans for the continuation of benefit payments after an enemy attack.
>   > Back to the Table of Contents
>   > ;

>   Part 25
>   Securities and Exchange Commission

>   SECTION 2501 Functions.
>   The Securities and Exchange Commission shall collaborate with the Secretary of the Treasury in the development of emergency financial control plans, programs, procedures, and regulations for:

>   > (1) Stock trading. Temporary closure of security exchanges, suspension of redemption rights, and freezing of stock and bond prices, if required in the interest of maintaining economic controls.
>   > (2) Modified trading. Development of plans designed to reestablish and maintain a stable and orderly market for securities when the situation permits under emergency conditions.
>   > (3) Protection of securities. Provision of a national records system which will make it possible to establish current ownership of securities in the event major trading centers and depositories are destroyed.
>   > (4) Flow of capital. The control of the formation and flow of private capital as it relates to new securities offerings or expansion of prior offerings for the purpose of establishing or reestablishing industries in relation to the Nation's needs in or following a national emergency.
>   > (5) Flight of capital. The prevention of the flight of capital outside this country, in coordination with the Secretary of Commerce, and the impounding of securities in the hands of enemy aliens.

>   Back to the Table of Contents

>   Part 26
>   Small Business Administration

>   ;SECTION 2601 Functions.
>   The Administrator of the Small Business Administration shall:

>   > (1) Prime contract authority. Develop plans to administer a program for the acquisition of prime contracts by the Administration and, in turn, for negotiating or otherwise letting of subcontracts to capable small business concerns in an emergency.
>   > (2) Resource information. Provide data on facilities, in- ventories, and potential production capacity of small business concerns to all interested agencies.
>   > (3) Procurement. Develop plans to determine jointly with Federal procurement agencies, as appropriate, which defense contracts are to go to small business concerns and to certify to the productive and financial ability of small concerns to perform specific contracts, as required.
>   > (4) Loans for plant modernization. Develop plans for providing emergency assistance to essential individual industrial establishments through direct loans or participation loans for the financing of production facilities and equip- ment.
>   > (5) Resource pools. Develop plans for encouraging and approving small business defense production and research and development pools.
>   > (6) Financial assistance. Develop plans to make loans, directly or in participation with private lending institutions, to small business concerns and to groups or pools of such concerns, to small business investment companies, and to State and local development companies to provide them with funds for lending to small business concerns, for defense and essential civilian purposes.

>   Back to the Table of Contents

>   ;Part 27

>   Tennessee Valley Authority

>   ; SECTION 2701 Functions.
>   The Board of Directors of the Tennessee Valley Authority shall:

>   > (1).Electric power. Assist the Department of the Interior in the development of plans for the integration of the Tennessee Valley Authority power system into national emergency programs and prepare plans for the emergency management, operation, and maintenance of the system and for its essential expansion.
>   > (2) Waterways. Assist the Interstate Commerce Commis- sion, under the coordinating authority of the Secretary of Transportation, in the development of plans for integration and control of inland waterway transportation systems and, in cooperation with the Department of Defense and the Department of the Interior, prepare plans for the manage- ment, operation, and maintenance of the river control system in the Tennessee River and certain of its tributaries for navigation during an emergency.
>   > (3) Flood control. Develop plans and maintain its river control operations for the prevention or control of floods caused by natural phenomena or overt and covert attack affecting the Tennessee River System and, in so doing, collaborate with the Department of Defense with respect to the control of water in the lower Ohio and Mississippi Rivers.
>   > (4) Emergency health services and sanitary water supplies. Assist the Department of Health, Education, and Welfare in the development of plans and programs covering emergency health services, civilian health manpower, and health re- sources in the Tennessee Valley Authority area and, in collaboration with the Department of the Interior and the Department of Health, Education, and Welfare, prepare plans for the management, operation. and maintenance of the Tennessee River System consistent with the needs for sanitary public water supplies, waste disposal, and vector control.
>   > (5) Coordination of water use. Develop plans for deter- mining or proposing priorities for the use of water by the Tennessee Valley Authority in the event of conflicting claims arising from the functions listed above.
>   > (6) Fertilizer. Assist the Department of Agriculture in the development of plans for the distribution and claimancy of fertilizer; assist the Department of Commerce and the Department of Defense in the development of Tennessee Valley Authority production quotas and any essential expan- sion of production facilities, and prepare plans for the management, operation, and maintenance of its facilities for the manufacture of nitrogen and phosphorous fertilizers.
>   > (7) Munitions production. Perform chemical research in munitions as requested by the Department of Defense, maintain standby munitions production facilities, and develop plans for converting and utilizing fertilizer facilities as required in support of the Department of Defense's munitions program.
>   > (8) Land management. Develop plans for the maintenance, management, and utilization of Tennessee Valley Authority-controlled lands in the interest of an emergency economy.
>   > (9) Food and forestry. Assist the Department of Agricul- ture in the development of plans for the harvesting and processing of fish and game, and the Department of Commerce in the development of plans for the production and processing of forest products.
>   > (10) Coordination with Valley States. Prepare plans and agreements with Tennessee Valley States, consistent with Federal programs, for appropriate integration of Tennessee Valley Authority and State plans for the use of available Tennessee Valley Authority resources.

>   Back to the Table of Contents

>   Part 28
>   United States Civil Service Commission

>   SECTION 2801 Functions.
>   The United States Civil Service Commission shall:

>   > (1) Personnel system. Prepare plans for adjusting the Federal civilian personnel system to simplify administration and to meet emergency demands.
>   > (2) Utilization. Develop policies and implementing procedures designed to assist Federal agencies in achieving the most effective utilization of the Federal Government's civilian manpower in an emergency.
>   > (3) Manpower policies. As the representative of the Federal Government as an employer, participate, as appropriate, in the formulation of national and regional manpower policies as they affect Federal civilian personnel and establish implementing policies as necessary.
>   > (4) Manpower administration. Prepare plans, in consonance with national manpower policies and programs, for the administration of emergency civilian manpower and employ- ment policies within the executive branch of the Government, including the issuance and enforcement of regulations to implement such policies.
>   > (5) Wage and salary stabilization. Participate, as appropri- ate, with the Office of Emergency Preparedness and the Department of Labor in the formulation of national and regional wage and salary stabilization policies as they affect Federal civilian personnel. Within the framework of such policies, prepare plans for the implementation of such policies and controls established for employees within the executive branch of the Government, including the issuance and enforcement of necessary regulations.
>   > (6) Assistance. Develop plans for rendering personnel management and staffing assistance to new and expanding Federal agencies.
>   > (7) Recruiting. Develop plans for the coordination and control of civilian recruiting policies and practices by all Federal agencies in order to increase the effectiveness of the total recruitment efforts during an emergency and to prevent undesirable recruitment practices.
>   > (8) Reassignment. Develop plans to facilitate the reassign- ment or transfer of Federal civilian employees, including the movement of employees from one agency or location to another agency or location, in order to meet the most urgent needs of the executive branch during an emergency.
>   > (9) Registration. Develop plans and procedures for a nationwide system of post-attack registration of Federal employees to provide a means for locating and returning to duty those employees who become physically separated from their agencies after an enemy attack, and to provide for the maximum utilization of the skills of surviving employees.
>   > (10) Deferment. Develop plans and procedures for a system to control Government requests for the selective service deferment of employees in the executive branch of the Federal Government and in the municipal government of the District of Columbia.
>   > (11) Investigation. Prepare plans, in coordination with agencies having responsibilities in the personnel security field, for the conduct of national agency checks and inquiries, limited suitability investigations, and full field investigations under emergency conditions.
>   > (12) Salaries, wages, and benefits. Develop plans for operating under emergency conditions the essential aspects of salary and wage systems and such benefit systems as the Federal Employees Retirement System, the Federal Employees Group Life Insurance Program, the Federal Employees and Retired Federal Employees Health Benefits Programs, and the Federal Employees Compensation Pro- gram.
>   > (13) Federal manpower mobilization. Assist Federal agencies in establishing manpower plans to meet their own emergency manpower requirements; identify major or special manpower problems of individual Federal agencies and the Federal Government as a whole in mobilizing a civilian work force to meet essential emergency requirements; identify sources of emergency manpower supply for all agencies where manpower problems are indicated; and develop Government-wide plans for the use of surplus Federal civilian manpower.
>   > (14) Distribution of manpower. Participate in the formulation of policies and decisions on the distribution of the nation's civilian manpower resources, obtain appropriate civilian manpower data from Federal agencies, and establish necessary implementing policies and procedures within the Executive Branch.
>   > (15) Training. Develop, organize, and conduct, as appropriate, interagency training programs in emergency personnel management for Federal employees.
>   > Back to the Table of Contents

>   Part 29
>   Veterans Administration

>   SECTION 2901 Functions.
>   The Administrator of Veter- ans Affairs shall develop policies, plans, and procedures for the performance of emergency functions with respect to the continuation or restoration of authorized programs of the Veterans Administration under all conditions of national emergency, including attack upon the United States. These include:

>   > (1) The emergency conduct of inpatient and outpatient care and treatment in Veterans Administration medical facilities and participation with the Departments of Defense and Health, Education, and Welfare as provided for in interagency agreements.
>   > (2) The emergency conduct of compensation, pension, rehabilitation, education, and insurance payments consis- tent with over-all Federal plans for the continuation of Federal benefit payments.
>   > (3) The emergency performance of insurance and loan guaranty functions in accordance with indirect stabiliza- tion policies and controls designed to deal with various emergency conditions.
>   > Back to the Table of Contents
>   > ;

>   Part 30
>   General Provisions

>   SECTION 3001 Resource Management.
>   In consonance with the national preparedness, security, and mobilization readiness plans, programs, and operations of the Office of Emergency Preparedness under Executive Order No. 11051 of September 27, 1962, and subject to the provisions of the preceding parts, the head of each department and agency shall:

>   > (1) Priorities and allocations. Develop systems for the emergency application of priorities and allocations to the production, distribution, and use of resources for which he has been assigned responsibility.
>   > (2) Requirements. Assemble, develop as appropriate, and evaluate requirements for assigned resources, taking into account estimated needs for military, atomic energy, civilian, and foreign purposes. Such evaluation shall take into consid- eration geographical distribution of requirements under emergency conditions.
>   > (3) Evaluation. Assess assigned resources in order to estimate availability from all sources under an emergency situation, analyze resource availabilities in relation to esti- mated requirements, and develop appropriate recommenda- tions and programs, including those necessary for the mainte- nance of an adequate mobilization base. Provide data and assistance before and after attack for national resource analysis purposes of the Office of Emergency Preparedness.
>   > (4) Claimancy. Prepare plans to claim from the appropri- ate agency supporting materials, manpower, equipment, supplies, and services which would be needed to carry out assigned responsibilities and other essential functions of his department or agency, and cooperate with other agencies in developing programs to insure availability of such resources in an emergency.

>   ;SEC. 3002 Facilities protection and warfare effects monitoring and reporting.
>   In consonance with the national preparedness, security, and mobilization readiness plans, programs, and operations of the Office of Emergency Preparedness under Executive Order No. 11051, and with the national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, the head of each department and agency shall:

>   > (1) Facilities protection. Provide facilities protection guid- ance material adapted to the needs of the facilities and services concerned and promote a national program to stimulate disaster preparedness and control in order to minimize the effects of overt and covert attack on facilities or other resources for which he has management responsi- bility. Guidance shall include, but not be limited to, organization and training of facility employees, personnel shelter, evacuation plans, records protection, continuity of management, emergency repair, dispersal of facilities, and mutual aid associations for an emergency.
>   > (2) Warfare effects monitoring and reporting. Maintain a capability, both at national and field levels, to estimate the effects of attack on assigned resources and to collaborate with and provide data to the Office of Emergency Prepared- ness, the Department of Defense, and other agencies, as appropriate, in verifying and updating estimates of resource status through exchanges of data and mutual assistance, and provide for the detection, identification, monitoring and reporting of such warfare effects at selected facilities under his operation or control.
>   > (3) Salvage and rehabilitation. Develop plans for salvage, decontamination, and rehabilitation of facilities involving resources under his jurisdiction.
>   > (4) Shelter. In conformity with national shelter policy, where authorized to engage in building construction, plan, design, and construct such buildings to protect the public to the maximum extent feasible against the hazards that could result from an attack upon the United States with nuclear weapons; and where empowered to extend Federal financial assistance, encourage recipients of such financial assistance to use standards for planning design and construction which will maximize protection for the public.

>   ; SEC. 3003 Critical skills and occupations.

>   > (a) The Secre- taries of Defense, Commerce, and Labor shall carry out the mandate of the National Security Council, dated February 15, 1968, to "maintain a continuing surveillance over the Nation's manpower needs and identify any particular occu- pation or skill that may warrant qualifying for deferment on a uniform national basis." In addition, the Secretaries of Defense, Commerce, Labor, and Health, Education, and Welfare shall carry out the mandate of the National Security Council to "maintain a continuing surveillance over the Nation's manpower and education needs to identify any area of graduate study that may warrant qualifying for deferment in the national interest." In carrying out these functions, the Secretaries concerned shall consult with the National Science Foundation with respect to scientific manpower require- ments.
>   > (b) The Secretaries of Commerce and Labor shall maintain and issue, as necessary, lists of all essential activities and critical occupations that may be required for emergency preparedness purposes.

>   SEC. 3004 Research.
>   Within the framework of research policies and objectives established by the Office of Emer- gency Preparedness, the head of each department and agency shall supervise or conduct research in areas directly con- cerned with carrying out emergency preparedness responsi- bilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving each agency's interest.

>   ;SEC. 3005 Stockpiles.
>   The head of each department and agency, with appropriate emergency responsibilities, shall assist the Office of Emergency Preparedness in formulating and carrying out plans for stockpiling of strategic and critical materials, and survival items.

>   ;SEC. 3006 Direct Economic Controls.
>   The head of each department and agency shall cooperate with the Office of Emergency Preparedness and the Federal financial agencies in the development of emergency preparedness measures involv- ing emergency financial and credit measures, as well as price, rent, wage and salary stabilization, and consumer rationing programs.

>   ;SEC. 3007 Financial Aid.
>   The head of each department and agency shall develop plans and procedures in cooperation with the Federal financial agencies for financial and credit assistance to those segments of the private sector for which he is responsible in the event such assistance is needed under emergency conditions.

>   SEC. 3008 Functional Guidance.
>   The head of each department and agency in carrying out the functions assigned to him by this order, shall be guided by the following:

>   > (1) National program guidance. In consonance with the national preparedness, security, and mobilization readiness plans, programs, and operations of the Office of Emergency Preparedness under Executive Order No. 11051, and with the national civil defense plans, programs, and operations of the Department of Defense, technical guidance shall be provided to State and local governments and instrumentalities thereof, to the end that all planning concerned with functions assigned herein will be effectively coordinated. Relations with the appropriate segment of the private sector shall be maintained to foster mutual understanding of Federal emer- gency plans.
>   > (2) Interagency coordination. Emergency preparedness functions shall be coordinated by the head of the department or agency having primary responsibility with all other departments and agencies having supporting functions related thereto.
>   > (3) Emergency preparedness.
>   > Emergency plans, programs, and an appropriate state of readiness, including organiza- tional readiness, shall be developed as an integral part of the continuing activities of each department or agency on the basis that that department or agency will have the responsi- bility for carrying out such plans and programs during an emergency. The head of each department or agency shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, shall be in accord- ance with policy determinations by the President.
>   > (4) Professional liaison. Mutual understanding and support of emergency preparedness activities shall be fostered, and the National Defense Executive Reserve shall be promoted by maintaining relations with the appropriate non-governmental sectors.

>   ; SEC. 3009 Training.
>   The head of each department and agency shall develop and direct training programs which incorporate emergency preparedness and civil defense train- ing and information programs necessary to insure the optimum operational effectiveness of assigned resources, systems, and facilities.

>   ; SEC. 3010 Emergency Public Information.
>   In consonance with such emergency public information plans and central program decisions of the Office of Emergency Preparedness, and with plans, programs, and procedures established by the Department of Defense to provide continuity of program- ming for the Emergency Broadcast System, the head of each department and agency shall:

>   > (1) Obtain and provide information as to the emergency functions or assignments of the individual department or agency for dissemination to the American people during the emergency, in accordance with arrangements made by the Office of Emergency Preparedness.
>   > (2) Determine requirements and arrange for prerecordings to provide continuity of program service over the Emergency Broadcast System so that the American people can receive information, advice, and guidance pertaining to the imple- mentation of the civil defense and emergency preparedness plans or assignments of each individual department or agency.

>   SEC. 3011 Emergency Actions.
>   This order does not confer authority to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Plans so developed may be effectuated only in the event that authority for such effectuation is provided by a law enacted by the Congress or by an order or directive issued by the President pursuant to statutes or the Constitution of the United States.

>   SEC. 3012 Redelegation.
>   The head of each department and agency is hereby authorized to redelegate the functions assigned to him by this order, and to authorize successive redelegations to agencies or instrumentalities of the United States, and to officers and employees of the United States.

>   SEC. 3013 Transfer of Functions.
>   Any emergency prepar- edness function under this order, or parts thereof, may be transferred from one department or agency to another with the consent of the heads of the organizations involved and with the concurrence of the Director of the Office of Emergency Preparedness. Any new emergency preparedness function may be assigned to the head of a department or agency by the Director of the Office of Emergency Prepared- ness by mutual consent.

>   SEC. 3014 Retention of Existing Authority.
>   Except as provided by Section 3015, nothing in this order shall be deemed to derogate from any now existing assignment of functions to any department or agency or officer thereof made by statute, Executive order, or Presidential directives, including Memoranda.

>   SEC. 3015 Revoked Orders.
>   The following are hereby revoked:
>   ; (1) Defense Mobilization Order VI-2 of December 11, 1953.
>   ; (2) Defense Mobilization Order 1-12 of October 5, 1954.
>   ; (3) Executive Order No. 10312 of December 10, 1951.
>   ; (4) Executive Order No. 10346 of April 17, 1952.
>   ; (5) Executive Order No. 10997 of February 16, 1962.
>   ; (6) Executive Order No. 10998 of February 16, 1962.
>   ; (7) Executive Order No. 10999 of February 16, 1962.
>   ; (8) Executive Order No. 11000 of February 16, 1962.
>   ; (9) Executive Order No. 11001 of February 16, 1962.
>   ; (10) Executive Order No. 11002 of February 16, 1962.
>   ; (11) Executive Order No. 11003 of February 16, 1962.
>   ; (12) Executive Order No. 11004 of February 16, 1962.
>   ; (13) Executive Order No. 11005 of February 16, 1962.
>   ; (14) Executive Order No. 11087 of February 26, 1963.
>   ; (15) Executive Order No. 11088 of February 26, 1963.
>   ; (16) Executive Order No. 11089 of February 26, 1963.
>   ; (17) Executive Order No. 11090 of February 26, 1963.
>   ; (18) Executive Order No. 11091 of February 26, 1963.
>   ; (19) Executive Order No. 11092 of February 26, 1963.
>   ; (20) Executive Order No. 11093 of February 26, 1963.
>   ; (21) Executive Order No. 11094 of February 26, 1963.
>   ; (22) Executive Order No. 11095 of February 26, 1963.
>   ; (23) Executive Order No. 11310 of October 11, 1966.

>   THE WHITE HOUSE,
>   ; October 28, 1969.
>   ;

>   (signed) Richard Nixon
>   ;

>   Back to the Table of Contents
>   ;

>   [F.R. Doc. 68-13005; Filed, Oct. 28, 1969; 2:19 p.m.]

>   ### Executive Order 12472--Assignment of national security and emergency preparedness telecommunications functions

>   By the authority vested in me as President by the Constitution and laws of the United States of America, including the Communications Act of 1934, as amended (47 U.S.C. 151), the National Security Act of 1947, as amended, the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061), the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251), the Disaster Relief Act of 1974 (42 U.S.C. 5121), Section 5 of Reorganization Plan No. 1 of 1977 (3 C.F.R. 197, 1978 Comp.1), and Section 203 of Reorganization Plan No. 3 of 1978 (3 C.F.R. 389, 1978 Comp.2), 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; 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; the Secretary of Commerce, with respect to responsibilities assigned pursuant to Executive Order No. 12046; the Secretary of Defense, with respect to communications security responsibilities assigned pursuant to Executive Order No. 12333; and the Chairman of the Federal Communications Commission or his authorized designee; and

>   > > (2) Establish arrangements for consultation among all interested Federal departments, agencies or entities to ensure that the national security and emergency preparedness communications needs of all Federal government entities are identified; that mechanisms to address such needs are 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; 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, 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, are revoked;

>   > > (2) The Presidential Memorandum of August 21, 1963, as amended, entitled "Establishment of the National Communications System", is hereby superseded; and

>   > > (3) [Deleted]

>   > (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. 4(b)(3) amends Executive Order 12046 of Mar. 27, 1978, Chapter 47. The amendment has been incorporated into that order.]

>   Sec. 5. This Order shall be effective upon publication in the Federal Register.3 Executive Order 12656
>   Assigmment of Emergency Preparedness Responsibilities
>   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), the National Security Act of 1947, as amended, the Defense Production Act of 1950, as amended, 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 diaster, 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 perfomed 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, procedure, 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.

>   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 liasion 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 procedure 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, 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 bead 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 Covernment;
>   > (8) Coordinate with State and local goverrunent 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 Ernergency 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 an 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 qf 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 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.
>   ;

>   Sec. 301. Lead Responsibilities.
>   In addition to applicable responsibilities covered in Parts 1 and 2, the Secretary of Agriculture shall:

>   > (1) Develop plans to provide for the continuation of agricultural 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 VaUey 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 program 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. 3O2. 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 coorperation 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 coorperation 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 coorperation 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 coorperation 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 coorperation 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 emergencies;
>   > (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 Emegency 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 formalation 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 consulation 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 licenses when appropriate;
>   > (8) Coordination with the Administrator of the National Aeronautics and Space Administration and the Secretary of Energy, as appropriate, to prepare for the use, maintaince, 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 coorperation 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 coorperation 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, maintaince, 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.

>   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) Recommendation for use of financial incentives and other methods to improve defense production as provided by law; and
>   > > (c) Recommendation 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) Coordination 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 Responsibiliiies. 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 consultation 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 Comission 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 nationaj 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, 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 Pesponsibilities. In addition to the applicable responsibilities covered in Part 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 l0-Departrnent 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 resource 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 civilan 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 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 aboard; 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 traraportation 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 SL 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 economv 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, credil 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 appropriate 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 emergenry 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 Unite 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 l6-Evironmental 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 Responsibilifies. 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 attacks 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 securitv 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 mobilizatian 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 Atiministration

>   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 govenunental 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 l9-National Aeronautics and Space Administration

>   Sec. 2901. 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. ln 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 Regulator 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 Responsibililies. 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 aboard 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 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 Responsibilities. 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 addilion 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 Untied 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 shall:

>   > (1) Develop plans for provision of emergency health care services to veteran beneficiaries in Veterans' Administration 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. 27O2.Support Responsibilities. The Administrator 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 securitv 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.

>   RONALD REAGAN
>   THE WHITE HOUSE.
>   November 18,1988.

>   EXECUTIVE ORDER 12919

>   #### NATIONAL DEFENSE INDUSTRIAL RESOURCES PREPAREDNESS

>   By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (64 Stat. 798; 50 U.S.C. App. 2061, et seq.), and section 301 of title 3, United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:

>   PART I - PURPOSE, POLICY AND IMPLEMENTATION

>   Section 101. Purpose. This order delegates authorities and addresses national defense industrial resource policies and programs under the Defense Production Act of 1950, as amended ("the Act"), except for the amendments to Title III of the Act in the Energy Security Act of 1980 and telecommunication authorities under Executive Order No. 12472.

>   Sec. 102. Policy. The United States must have an industrial and technology base capable of meeting national defense requirements, and capable of contributing to the technological superiority of its defense equipment in peacetime and in times of national emergency. The domestic industrial and technological base is the foundation for national defense preparedness. The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to all threats to the national security of the United States.

>   Sec. 103. General Functions. Federal departments and agencies responsible for defense acquisition (or for industrial resources needed to support defense acquisition) shall:

>   (a) Identify requirements for the full spectrum of national security emergencies, including military, industrial, and essential civilian demand;

>   (b) Assess continually the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of adequate industrial resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;

>   (c) Be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate industrial resources and production capability, including services and critical technology for national defense requirements;

>   (d) Improve the efficiency and responsiveness, to defense requirements, of the domestic industrial base; and

>   (e) Foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, components, and equipment to enhance industrial base efficiency and responsiveness.

>   Sec. 104. Implementation.
>   (a) The National Security Council is the principal forum for consideration and resolution of national security resource preparedness policy.

>   (b) The Director, Federal Emergency Management Agency ("Director, FEMA") shall:
>   ;

>   (1) Serve as an advisor to the National Security Council on issues of national security resource preparedness and on the use of the authorities and functions delegated by this order;

>   (2) Provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guidance and procedures approved by the Assistant to the President for National Security Affairs to the Federal departments and agencies under this order;

>   (3) Establish procedures, in consultation with Federal departments and agencies assigned functions under this order, to resolve in a timely and effective manner conflicts and issues that may arise in implementing the authorities and functions delegated under this order; and

>   (4) Report to the President periodically concerning all program activities conducted pursuant to this order.

>   (c) The head of every Federal department and agency assigned functions under this order shall ensure that the performance of these functions is consistent with National Security Council policy and guidelines.
>   PART II - PRIORITIES AND ALLOCATIONS

>   Sec. 201. Delegations of Priorities and Allocations.

>   (a) The authority of the President conferred by section 101 of the Act to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:
>   ;
>   (1) The Secretary of Agriculture with respect to food resources, food resource facilities, and the domestic distribution of farm equipment and commercial fertilizer;

>   (2) The Secretary of Energy with respect to all forms of energy;

>   (3) The Secretary of Health and Human Services with respect to health resources;

>   (4) The Secretary of Transportation with respect to all forms of civil transportation;

>   (5) The Secretary of Defense with respect to water resources; and

>   (6) The Secretary of Commerce for all other materials, services, and facilities, including construction materials.

>   (b) The Secretary of Commerce, in consultation with the heads of those departments and agencies specified in subsection 201(a) of this order, shall administer the Defense Priorities and Allocations System ("DPAS") regulations that will be used to implement the authority of the President conferred by section 101 of the Act as delegated to the Secretary of Commerce in subsection 201(a)(6) of this order. The Secretary of Commerce will redelegate to the Secretary of Defense, and the heads of other departments and agencies as appropriate, authority for the priority rating of contracts and orders for all materials, services, and facilities needed in support of programs approved under section 202 of this order. The Secretary of Commerce shall act as appropriate upon Special Priorities Assistance requests in a time frame consistent with the urgency of the need at hand.

>   (c) The Director, FEMA, shall attempt to resolve issues or disagreements on priorities or allocations between Federal departments or agencies in a time frame consistent with the urgency of the issue at hand and, if not resolved, such issues will be referred to the Assistant to the President for National Security Affairs for final determination.

>   (d) The head of each Federal department or agency assigned functions under subsection 201(a) of this order, when necessary, shall make the finding required under subsection 101(b) of the Act. This finding shall be submitted for the President's approval through the Assistant to the President for National Security Affairs. Upon such approval the head of the Federal department or agency that made the finding may use the authority of subsection 101(a) of the Act to control the general distribution of any material (including applicable services) in the civilian market.

>   (e) The Assistant to the President for National Security Affairs is hereby delegated the authority under subsection 101(c)(3) of the Act, and will be assisted by the Director, FEMA, in ensuring the coordinated administration of the Act.

>   Sec. 202. Determinations. The authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:
>   (a) By the Secretary of Defense with respect to military production and construction, military assistance to foreign nations, stockpiling, outer space, and directly related activities;

>   (b) By the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and

>   (c) By the Director, FEMA, with respect to essential civilian needs supporting national defense, including civil defense and continuity of government and directly related activities.

>   Sec. 203. Maximizing Domestic Energy Supplies. The authority of the President to perform the functions provided by subsection 101(c) of the Act is delegated to the Secretary of Commerce, who shall redelegate to the Secretary of Energy the authority to make the findings described in subsection 101(c)(2)(A) that the materials (including equipment), services, and facilities are critical and essential. The Secretary of Commerce shall make the finding described in subsection 101(c)(2)(A) of the Act that the materials (including equipment), services, or facilities are scarce, and the finding described in subsection 101(c)(2)(B) that it is necessary to use the authority provided by subsection 101(c)(1).

>   Sec. 204. Chemical and Biological Warfare. The authority of the President conferred by subsection 104(b) of the Act is delegated to the Secretary of Defense. This authority may not be further delegated by the Secretary.

>   PART III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

>   Sec. 301.

>   (a) Financing Institution Guarantees. To expedite or expand production and deliveries or services under government contracts for the procurement of industrial resources or critical technology items essential to the national defense, the head of each Federal department or agency engaged in procurement for the national defense (referred to as "agency head" in this part) and the President and Chairman of the Export-Import Bank of the United States (in cases involving capacity expansion, technological development, or production in foreign countries) are authorized to guarantee in whole or in part any public or private financing institution, subject to provisions of section 301 of the Act. Guarantees shall be made in consultation with the Department of the Treasury as to the terms and conditions thereof. The Director of the Office of Management and Budget ("OMB") shall be informed when such guarantees are to be made.

>   (b) Direct Loan Guarantees. To expedite or expand production and deliveries or services under government contracts for the procurement of industrial resources or critical technology items essential to the national defense, each agency head is authorized to make direct loan guarantees from funds appropriated to their agency for Title III.

>   (c) Fiscal Agent. Each Federal Reserve Bank is designated and authorized to act, on behalf of any guaranteeing agency, as fiscal agent in the making of guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act.

>   (d) Regulations. The Board of Governors of the Federal Reserve System is authorized, after consultation with heads of guaranteeing departments and agencies, the Secretary of the Treasury, and the Director, OMB, to prescribe regulations governing procedures, forms, rates of interest, and fees for such guarantee contracts.

>   Sec. 302. Loans.
>   (a) To expedite production and deliveries or services to aid in carrying out government contracts for the procurement of industrial resources or a critical technology item for the national defense, an agency head is authorized, subject to the provisions of section 302 of the Act, to submit to the Secretary of the Treasury or the President and Chairman of the Export-Import Bank of the United States (in cases involving capacity expansion, technological development, or production in foreign countries) applications for loans.

>   (b) To expedite or expand production and deliveries or services under government contracts for the procurement of industrial resources or critical technology items essential to the national defense, each agency head may make direct loans from funds appropriated to their agency for Title III.

>   (c) After receiving a loan application and determining that financial assistance is not otherwise available on reasonable terms, the Secretary of the Treasury or the President and Chairman of the Export-Import Bank of the United States (in cases involving capacity expansion, technological development, or production in foreign countries) may make loans, subject to provisions of section 302 of the Act.

>   Sec. 303. Purchase Commitments.
>   (a) In order to carry out the objectives of the Act, and subject to the provisions of section 303 thereof, an agency head is authorized to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for government use or resale.

>   (b) Materials acquired under section 303 of the Act that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if such transfer is determined by the Secretary of Defense as the National Defense Stockpile Manager to be in the public interest. Sec. 304. Subsidy Payments. In order to ensure the supply of raw or non-processed materials from high-cost sources, an agency head is authorized to make subsidy payments, after consultation with the Secretary of the Treasury and the Director OMB, and subject to the provisions of section 303(c) of the Act.

>   Sec. 305. Determinations and Findings. When carrying out the authorities in sections 301 through 303 of this order, an agency head is authorized to make the required determinations, judgments, statements, certifications, and findings, in consultation with the Secretary of Defense, Secretary of Energy or Director, FEMA, as appropriate. The agency head shall provide a copy of the determination, judgment, statement, certification, or finding to the Director, OMB, to the Director, FEMA, and, when appropriate, to the Secretary of the Treasury.

>   Sec. 306. Strategic and Critical Materials.

>   (a) The Secretary of the Interior, in consultation with the Secretary of Defense as the National Defense Stockpile Manager and subject to the provisions of section 303 of the Act, is authorized to encourage the exploration, development, and mining of critical and strategic materials and other materials.

>   (b) An agency head is authorized, pursuant to section 303(g) of the Act, to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other industrial resources to aid the national defense.

>   (c) An agency head is authorized, pursuant to section 303(a)(1)(B) of the Act, to make provisions to encourage the exploration, development, and mining of critical and strategic materials and other materials.

>   Sec. 307. Government-owned Equipment. An agency head is authorized, pursuant to section 303(e) of the Act, to install additional equipment, facilities, processes, or improvements to facilities owned by the government and to install goverment-owned equipment in industrial facilities owned by private persons.

>   Sec. 308. Identification of Shortfalls. Except during periods of national emergency or after a Presidential determination in accordance with sections 301(e)(1)(D)(ii), 302(c)(4)(B), or 303(a)(7)(B) of the Act, no guarantee, loan or other action pursuant to sections 301, 302, and 303 of the Act to correct an industrial shortfall shall be taken unless the shortfall has been identified in the Budget of the United States or amendments thereto.

>   Sec. 309. Defense Production Act Fund Manager. The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, and shall carry out the duties specified in that section, in consultation with the agency heads having approved Title III projects and appropriated Title III funds.

>   Sec. 310. Critical Items List.

>   (a) Pursuant to section 107(b)(1)(A) of the Act, the Secretary of Defense shall identify critical components and critical technology items for each item on the Critical Items List of the Commanders-in-Chief of the Unified and Specified Commands and other items within the inventory of weapon systems and defense equipment.

>   (b) Each agency head shall take appropriate action to ensure that critical components or critical technology items are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency. "Appropriate action" may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical components, and developing substitutes for critical components or critical technology items.

>   Sec. 311. Strengthening Domestic Capability. An agency head, in accordance with section 107(a) of the Act, may utilize the authority of Title III of the Act or any other provision of law, in consultation with the Secretary of Defense, to provide appropriate incentives to develop, maintain, modernize, and expand the productive capacities of domestic sources for critical components, critical technology items, and industrial resources essential for the execution of the national security strategy of the United States.

>   Sec. 312. Modernization of Equipment. An agency head, in accordance with section 108(b) of the Act, may utilize the authority of Title III of the Act to guarantee the purchase or lease of advance manufacturing equipment and any related services with respect to any such equipment for purposes of the Act. PART IV - IMPACT OF OFFSETS

>   Sec. 401. Offsets.

>   (a) The responsibilities and authority conferred upon the President by section 309 of the Act with respect to offsets are delegated to the Secretary of Commerce, who shall function as the President's Executive Agent for carrying out this authority.

>   (b) The Secretary of Commerce shall prepare the annual report required by section 309(a) of the Act in consultation with the Secretaries of Defense, Treasury, Labor, State, the United States Trade Representative, the Arms Control and Disarmament Agency, the Director of Central Intelligence, and the heads of other departments and agencies as required. The heads of Federal departments and agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this function.

>   (c) The offset report shall be subject to the normal interagency clearance process conducted by the Director, OMB, prior to the report's submission by the President to Congress.

>   PART V - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES

>   Sec. 501. Appointments. The authority of the President under sections 708(c) and (d) of the Act is delegated to the heads of each Federal department or agency, except that, insofar as that authority relates to section 101 of the Act, it is delegated only to the heads of each Federal department or agency assigned functions under section 201(a) of this order. The authority delegated under this section shall be exercised pursuant to the provisions of section 708 of the Act, and copies and the status of the use of such delegations shall be furnished to the Director, FEMA.

>   Sec. 502. Advisory Committees. The authority of the President under section 708(d) of the Act and delegated in section 501 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services.

>   PART VI - EMPLOYMENT OF PERSONNEL

>   Sec. 601. National Defense Executive Reserve.

>   (a) In accordance with section 710(e) of the Act, there is established in the Executive Branch a National Defense Executive Reserve ("NDER") composed of persons of recognized expertise from various segments of the private sector and from government (except full-time federal employees) for training for employment in executive positions in the Federal Government in the event of an emergency that requires such employment.

>   (b) The head of any department or agency may establish a unit of the NDER in the department or agency and train members of that unit.

>   (c) The head of each department or agency with an NDER unit is authorized to exercise the President's authority to employ civilian personnel in accordance with section 703(a) of the Act when activating all or a part of its NDER unit. The exercise of this authority shall be subject to the provisions of subsections 601(d) and (e) of this order and shall not be redelegated.

>   (d) The head of a department or agency may activate an NDER unit, in whole or in part, upon the written determination that an emergency affecting the national security or defense preparedness of the United States exists and that the activation of the unit is necessary to carry out the emergency program functions of the department or agency.

>   (e) At least 72 hours prior to activating the NDER unit, the head of the department or agency shall notify, in writing, the Assistant to the President for National Security Affairs of the impending activation and provide a copy of the determination required under subsection 601(d) of this order.

>   (f) The Director, FEMA, shall coordinate the NDER program activities of departments and agencies in establishing units of the Reserve; provide for appropriate guidance for recruitment, training, and activation; and issue necessary rules and guidance in connection with the program.

>   (g) This order suspends any delegated authority, regulation, or other requirement or condition with respect to the activation of any NDER unit, in whole or in part, or appointment of any NDER member that is inconsistent with the authorities delegated herein, provided that the aforesaid suspension applies only as long as sections 703(a) and 710(e) of the Act are in effect. Sec. 602. Consultants. The head of each department or agency assigned functions under this order is delegated authority under sections 710(b) and (c) of the Act to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section shall not be redelegated.

>   PART VII - LABOR SUPPLY

>   Sec. 701. Secretary of Labor. The Secretary of Labor, identified in this section as the Secretary, shall:

>   (a) Collect, analyze, and maintain data needed to make a continuing appraisal of the nation's labor requirements and the supply of workers for purposes of national defense. All agencies of the government shall cooperate with the Secretary in furnishing information necessary for this purpose, to the extent permitted by law;

>   (b) In response to requests from the head of a Federal department or agency engaged in the procurement for national defense, consult with and advise that department or agency with respect to
>   ;

>   (1) the effect of contemplated actions on labor supply and utilization,

>   (2) the relation of labor supply to materials and facilities requirements, and

>   (3) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;

>   (c) Formulate plans, programs, and policies for meeting defense and essential civilian labor requirements;

>   (d) Project skill shortages to facilitate meeting defense and essential civilian needs and establish training programs;

>   (e) Determine the occupations and skills critical to meeting the labor requirements of defense and essential civilian activities and, with the assistance of the Secretary of Defense, the Director of Selective Service, and such other persons as the Director, FEMA, may designate, develop policies regulating the induction and deferment of personnel for the armed services, except for civilian personnel in the reserves; and

>   (f) Administer an effective labor-management relations policy to support the activities and programs under this order with the cooperation of other Federal agencies, including the National Labor Relations Board and the Federal Mediation and Conciliation Service.

>   PART VIII - DEFENSE INDUSTRIAL BASE INFORMATION AND REPORTS

>   Sec. 801. Foreign Acquisition of Companies. The Secretary of the Treasury, in cooperation with the Department of State, the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Agriculture, the Attorney General, and the Director of Central Intelligence, shall complete and furnish a report to the President and then to Congress in accordance with the requirements of section 721(k) of the Act concerning foreign efforts to acquire United States companies involved in research, development, or production of critical technologies and industrial espionage activities directed by foreign governments against private U.S. companies.

>   Sec. 802. Defense Industrial Base Information System.

>   (a) The Secretary of Defense and the heads of other appropriate Federal departments and agencies, as determined by the Secretary of Defense, shall establish an information system on the domestic defense industrial base in accordance with the requirements of section 722 of the Act.

>   (b) In establishing the information system required by subsection (a) of this order, the Secretary of Defense, the Secretary of Commerce, and the heads of other appropriate Federal departments and agencies, as determined by the Secretary of Defense in consultation with the Secretary of Commerce, shall consult with each other for the purposes of performing the duties listed in section 722(d)(1) of the Act.

>   (c) The Secretary of Defense shall convene a task force consisting of the Secretary of Commerce and the Secretary of each military department and the heads of other appropriate Federal departments and agencies, as determined by the Secretary of Defense in consultation with the Secretary of Commerce, to carry out the duties under section 722(d)(2) of the Act.

>   (d) The Secretary of Defense shall report to Congress on a strategic plan for developing a cost-effective, comprehensive information system capable of identifying on a timely, ongoing basis vulnerability in critical components and critical technology items. The plans shall include an assessment of the performance and cost-effectiveness of procedures specified in section 722(b) of the Act.

>   (e) The Secretary of Commerce, acting through the Bureau of the Census, shall consult with the Secretary of Defense and the Director, FEMA, to improve the usefulness of information derived from the Census of Manufacturers in carrying out section 722 of the Act.

>   (f) The Secretary of Defense shall perform an analysis of the production base for not more than two major weapons systems of each military department in establishing the information system under section 722 of the Act. Each analysis shall identify the critical components of each system.

>   (g) The Secretary of Defense, in consultation with the Secretary of Commerce, and the heads of other Federal departments and agencies as appropriate, shall issue a biennial report on critical components and technology in accordance with section 722(e) of the Act. PART IX - GENERAL PROVISIONS

>   Sec. 901. Definitions. In addition to the definitions in section 702 of the Act, the following definitions apply throughout this order:
>   (a) "Civil transportation" includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and, without limitation, related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. However, "civil transportation" shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly. As applied herein, "civil transportation" shall include direction, control, and coordination of civil transportation capacity regardless of ownership.

>   (b) "Energy" means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), and atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.

>   (c) "Farm equipment" means equipment, machinery, and repair parts manufactured for use on farms in connection with the production or preparation for market use of food resources.

>   (d) "Fertilizer" means any product or combination of products that contain one or more of the elements -- nitrogen, phosphorus, and potassium -- for use as a plant nutrient.

>   (e) "Food resources" means all commodities and products, simple, mixed, or compound, or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. "Food resources" also means all starches, sugars, vegetable and animal or marine fats and oils, cotton, tobacco, wool, mohair, hemp, flax fiber, and naval stores, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.

>   (f) "Food resource facilities" means plants, machinery, vehicles (including on-farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, livestock and poultry feed and seed, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof).

>   (g) "Functions" include powers, duties, authority, responsibilities, and discretion.

>   (h) "Head of each Federal department or agency engaged in procurement for the national defense" means the heads of the Departments of Defense, Energy, and Commerce, as well as those departments and agencies listed in Executive Order No. 10789.

>   (i) "Heads of other appropriate Federal departments and agencies" as used in part VIII of this order means the heads of such other Federal agencies and departments that acquire information or need information with respect to making any determination to exercise any authority under the Act.

>   (j) "Health resources" means materials, facilities, health supplies, and equipment (including pharmaceutical, blood collecting and dispensing supplies, biological, surgical textiles, and emergency surgical instruments and supplies) required to prevent the impairment of, improve, or restore the physical and mental health conditions of the population.

>   (k) "Metals and minerals" means all raw materials of mineral origin (excluding energy) including their refining, smelting, or processing, but excluding their fabrication.

>   (l) "Strategic and Critical Materials" means materials (including energy) that
>   ;

>   (1) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national security emergency, and

>   (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material.

>   (m) "Water resources" means all usable water, from all sources, within the jurisdiction of the United States, which can be managed, controlled, and allocated to meet emergency requirements.
>   Sec. 902. General.
>   (a) Except as otherwise provided in subsection 902(c) of this order, the authorities vested in the President by title VII of the Act may be exercised and performed by the head of each department and agency in carrying out the delegated authorities under the Act and this order.

>   (b) The authorities which may be exercised and performed pursuant to subsection 902(a) of this order shall include
>   ;

>   (1) the power to redelegate authorities, and to authorize the successive redelegation of authorities, to departments and agencies, officers, and employees of the government, and

>   (2) the power of subpoena with respect to authorities delegated in parts II, III, and IV of this order, provided that the subpoena power shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer identified in subsection 902(a) of this order or by such other person or persons as the officer shall designate.

>   (c) Excluded from the authorities delegated by subsection 902(a) of this order are authorities delegated by parts V, VI, and VIII of this order and the authority with respect to fixing compensation under section 703(a) of the Act. Sec. 903. Authority. All previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent with this order or are subsequently amended or revoked under proper authority. Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act.
>   Sec. 904. Effect on other Orders.
>   (a) The following are superseded or revoked:
>   ;
>   (1) Section 3, Executive Order No. 8248 of September 8, 1939, (4 FR 3864).
>   (2) Executive Order No. 10222 of March 8, 1951 (16 FR 2247).
>   (3) Executive Order No. 10480 of August 14, 1953 (18 FR 4939).
>   (4) Executive Order No. 10647 of November 28, 1955 (20 FR 8769).
>   (5) Executive Order No. 11179 of September 22, 1964 (29 FR 13239).
>   (6) Executive Order No. 11355 of May 26, 1967 (32 FR 7803).
>   (7) Sections 7 and 8, Executive Order No. 11912 of April 13, 1976 (41 FR 15825, 15826-27). (8) Section 3, Executive Order No. 12148 of July 20, 1979 (44 FR 43239, 43241).
>   (9) Executive Order No. 12521 of June 24, 1985 (50 FR 26335).
>   (10) Executive Order No. 12649 of August 11, 1988 (53 FR 30639).
>   (11) Executive Order No. 12773 of September 26, 1991 (56 FR 49387), except that part of the order that amends section 604 of Executive Order 10480.
>   (b) Executive Order No. 10789 of November 14, 1958, is amended by deleting "and in view of the existing national emergency declared by Proclamation No. 2914 of December 16, 1950," as it appears in the first sentence.

>   (c) Executive Order No. 11790, as amended, relating to the Federal Energy Administration Act of 1974, is amended by deleting "Executive Order No. 10480" where it appears in section 4 and substituting this order's number.

>   (d) Subject to subsection 904(c) of this order, to the extent that any provision of any prior Executive order is inconsistent with the provisions of this order, this order shall control and such prior provision is amended accordingly.

>   Sec. 905. Judicial Review. This order 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.
>   WILLIAM J. CLINTON
>   THE WHITE HOUSE
>   June 3, 1994.

>   Executive Order 12938

>   #### PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

>   By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.), Executive Orders Nos. 12851 and 12924, and section 301 of title 3, United States Code, I, WILLIAM J. CLINTON, President of the United States of America, find that the proliferation of nuclear, biological, and chemical weapons ("weapons of mass destruction") and of the means of delivering such weapons, constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat. Accordingly, I hereby order:

>   Section 1. International Negotiations. It is the policy of the United States to lead and seek multilaterally coordinated efforts with other countries to control the proliferation of weapons of mass destruction and the means of delivering such weapons. Accordingly, the Secretary of State shall cooperate in and lead multilateral efforts to stop the proliferation of weapons of mass destruction and their means of delivery.

>   Sec. 2. Imposition of Controls. As provided herein, the Secretary of State and the Secretary of Commerce shall use their respective authorities, including the Arms Export Control Act and the International Emergency Economic Powers Act, to control any exports, to the extent they are not already controlled by the Department of Energy and the Nuclear Regulatory Commission, that either Secretary determines would assist a country in acquiring the capability to develop, produce, stockpile, deliver, or use weapons of mass destruction or their means of delivery. The Secretary of State shall pursue early negotiations with foreign governments to adopt effective measures comparable to those imposed under this order.

>   Sec. 3. Department of Commerce Controls.

>   > (a) The Secretary of Commerce shall prohibit the export of any goods, technology, or services subject to the Secretary's export jurisdiction that the Secretary of Commerce determines, in consultation with the Secretary of State, the Secretary of Defense, and other appropriate officials, would assist a foreign country in acquiring the capability to develop, produce, stockpile, deliver, or use weapons of mass destruction or their means of delivery. The Secretary of State shall pursue early negotiations with foreign governments to adopt effective measures comparable to those imposed under this section.

>   > (b) Subsection (a) of this section will not apply to exports relating to a particular category of weapons of mass destruction (i.e., nuclear, chemical, or biological weapons) if their destination is a country with whose government the United States has entered into a bilateral or multilateral arrangement for the control of that category of weapons of mass destruction-related goods (including delivery systems) and technology, or maintains domestic export controls comparable to controls that are imposed by the United States with respect to that category of goods and technology, or that are otherwise deemed adequate by the Secretary of State.

>   > (c) The Secretary of Commerce shall require validated licenses to implement this order and shall coordinate any license applications with the Secretary of State and the Secretary of Defense.

>   > (d) The Secretary of Commerce, in consultation with the Secretary of State, shall take such actions, including the promulgation of rules, regulations, and amendments thereto, as may be necessary to continue to regulate the activities of United States persons in order to prevent their participation in activities that could contribute to the proliferation of weapons of mass destruction or their means of delivery, as provided in the Export Administration Regulations, set forth in Title 15, Chapter VII, Subchapter C, of the Code of Federal Regulations, Parts 768 to 799 inclusive.

>   Sec. 4. Sanctions Against Foreign Persons.

>   > (a) In addition to the sanctions imposed on foreign persons as provided in the National Defense Authorization Act for Fiscal Year 1991 and the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, sanctions also shall be imposed on a foreign person with respect to chemical and biological weapons proliferation if the Secretary of State determines that the foreign person on or after the effective date of this order or its predecessor, Executive Order No. 12735 of November 16, 1990, knowingly and materially contributed to the efforts of any foreign country, project, or entity to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons.

>   > (b) No department or agency of the United States Government may procure, or enter into any contract for the procurement of, any goods or services from any foreign person described in subsection (a) of this section. The Secretary of the Treasury shall prohibit the importation into the United States of products produced by that foreign person.

>   > (c) Sanctions pursuant to this section may be terminated or not imposed against foreign persons if the Secretary of State determines that there is reliable evidence that the foreign person concerned has ceased all activities referred to in subsection (a).

>   > (d) The Secretary of State and the Secretary of the Treasury may provide appropriate exemptions for procurement contracts necessary to meet U.S. operational military requiorments or requirements under defense production agreements, sole source suppliers, spare parts, components, routine servicing and maintenance of products, and medical and humanitarian items. They may provide exemptions for contracts in existence on the date of this order under appropriate circumstances.

>   Sec. 5. Sanctions Against Foreign Countries.

>   > (a) In addition to the sanctions imposed on foreign countries as provided in the Chemical and Biological Weapons Control and more 3 Warfare Elimination Act of 1991, sanctions also shall be imposed on a foreign country as specified in subsection (b) of this section, if the Secretary of State determines that the foreign country has, on or after the effective date of this order or its predecessor, Executive Order No. 12735 of November 16, 1990,

>   > > (1) used chemical or biological weapons in violation of international law;

>   > > (2) made substantial preparations to use chemical or biological weapons in violation of international law; or

>   > > (3) developed, produced, stockpiled, or otherwise acquired chemical or biological weapons in violation of international law.

>   > (b) The following sanctions shall be imposed on any foreign country identified in subsection (a)(1) of this section unless the Secretary of State determines, on grounds of significant foreign policy or national security, that any individual sanction should not be applied. The sanctions specified in this section may be made applicable to the countries identified in subsections (a)(2) or (a)(3) when the Secretary of State determines that such action will further the objectives of this order pertaining to proliferation. The sanctions specified in subsection (b)(2) below shall be imposed with the concurrence of the Secretary of the Treasury.

>   > > (1) Foreign Assistance. No assistance shall be provided to that country under the Foreign Assistance Act of 1961, or any successor act, or the Arms Export Control Act, other than assistance that is intended to benefit the people of that country directly and that is not channeled through governmental agencies or entities of that country.

>   > > (2) Multilateral Development Bank Assistance. The United States shall oppose any loan or financial or technical assistance to that country by international financial institutions in accordance with section 701 of the International Financial Institutions Act (22 U.S.C. 262d).

>   > > (3) Denial of Credit or Other Financial Assistance. The United States shall deny to that country any credit or financial assistance by any department, agency, or instrumentality of the United States Government.

>   > > (4) Prohibition of Arms Sales. The United States Government shall not, under the Arms Export Control Act, sell to that country any defense articles or defense services or issue any license for the export of items on the United States Munitions List.

>   > > (5) Exports of National Security-Sensitive Goods and Technology. No exports shall be permitted of any goods or technologies controlled for national security reasons under the Export Administration Regulations.

>   > > (6) Further Export Restrictions. The Secretary of Commerce shall prohibit or otherwise substantially restrict exports to that country of goods, technology, and services (excluding agricultural commodities and products otherwise subject to control).

>   > > (7) Import Restrictions. Restrictions shall be imposed on the importation into the United States of articles (that may include petroleum or any petroleum product) that are the growth, product, or manufacture of that country. more

>   > > (8) Landing Rights. At the earliest practicable date, the Secretary of State shall terminate, in a manner consistent with international law, the authority of any air carrier that is controlled in fact by the government of that country to engage in air transportation (as defined in section 101(10) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(10)).

>   Sec. 6. Duration. Any sanctions imposed pursuant to sections 4 or 5 of this order shall remain in force until the Secretary of State determines that lifting any sanction is in the foreign policy or national security interests of the United States or, as to sanctions under section 4 of this order, until the Secretary has made the determination under section 4(c).

>   Sec. 7. Implementation. The Secretary of State, the Secretary of the Treasury, and the Secretary of Commerce are hereby authorized and directed to take such actions, including the promulgation of rules and regulations, as may be necessary to carry out the purposes of this order. These actions, and in particular those in sections 4 and 5 of this order, shall be made in consultation with the Secretary of Defense and, as appropriate, other agency heads and shall be implemented in accordance with procedures established pursuant to Executive Order No. 12851. The Secretary concerned may redelegate any of these functions to other officers in agencies of the Federal Government. All heads of departments and agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of this order, including the suspension or termination of licenses or other authorizations.

>   Sec. 8. Preservation of Authorities. Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under the authority of the International Economic Emergency Powers Act, the Export Administration Act, the Arms Export Control Act, the Nuclear Non-proliferation Act, Executive Order No. 12730 of September 30, 1990, Executive Order No. 12735 of November 16, 1990, Executive Order No. 12924 of August 18, 1994, and Executive Order No. 12930 of September 29, 1994.

>   Sec. 9. Judicial Review. This order is not intended to create, nor does it create, any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, or any other person.

>   Sec. 10. Revocation of Executive Orders Nos. 12735 and 12930. Executive Order No. 12735 of November 16, 1990, and Executive Order No. 12930 of September 29, 1994, are hereby revoked.

>   Sec. 11. Effective Date. This order is effective immediately. This order shall be transmitted to the Congress and published in the Federal Register.

>   WILLIAM J. CLINTON
>   THE WHITE HOUSE,
>   November 14, 1994.

>   #### Executive Order 13074--Amendment to Executive Order 12656

>   By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to reflect the appropriate allocation of funding responsibilities for Noncombatant Evacuation Operations, it is hereby ordered that Executive Order 12656 is amended by adding a new section 501(16) to read as follows: ``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.''
>   William J. Clinton
>   The White House,
>   February 9, 1998

> > All logos and trademarks in this site are property of their respective owner.
> > FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, and for the general purpose of criticism, comment, news reporting, teaching, research and / or educational purposes only. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. If you wish to use this material for purposes other than provided by law. You must obtain permission from the copyright owner. For more information go to: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html,