THE EXECUTIVE ORDER:

a Presidential Power not designated by the Constitution

By Harry V. Martin with research assistance from David Caul

Copyright FreeAmerica and Harry V. Martin, 1995

Article I, Section 1 of the United States Constitution is concise in its language, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." When the Constitution was proposed, those opposed to a strong central government, the anti-Federalists, argued that there was no Bill of Rights to protect the people and that a centralized government would become too powerful, usurping the rights of the individual States.

At the time of its formation, the Constitution was created in secrecy and in direct contradiction to the mandate of the Congress, which was to amend the Articles of Confederation that were governing the infant nation since the end of the American revolution. Under the Articles of Confederation, the President of the United States was known as the President of the United States in Congress Assembled. The one-year Presidency was very limited in its scope, responsibility and authority. The Constitution, in contrast to the Articles of Confederation, established a strong four-year Presidency, but still only providing extremely limited powers to the office.

The greatest fear the founders of this nation had was the establishment of a strong central government and a strong political leader at the center of that government. They no longer wanted kings, potentates or czars, they wanted a loose association of States in which the power emanated from the States and not from the central government.

John Adams advocated that a good government consists of three balancing powers, the legislative, executive and the judicial, that would produce an equilibrium of interests and thereby promote the happiness of the whole community. It was Adams' theory that the only effectual method to secure the rights of the people and promote their welfare was to create an opposition of interests between the members of two distinct bodies (legislative and executive) in the exercise of the powers of government, and balanced by those of a third (judicial).

THE BILL OF RIGHTS

On June 8, 1789, James Madison proposed the Bills of Rights to the new Congress. Its eventual creation was the outcropping of arguments made in the respective State legislatures debating ratification of the new Constitution. Madison had previously been opposed to the establishment of the Bill of Rights, but the treatises of Thomas Jefferson convinced him of the necessity of such Constitutional amendments. The concept was simple, according to Madison, "That all power is originally vested in, and consequently derived from the people. That government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty and the right of acquiring property, and generally of pursing and obtaining happiness and safety. That the people have an indubitable, unalienable, and indefeasible right to reform or change their government whenever it be found adverse or inadequate to the purpose of its institution."

He further advocated, "The civil rights of none shall be abridged on account of religious belief or worship...The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable. The people shall not be restrained from peaceably assembling and consulting for their common good; nor for applying to the legislature by petitions or remonstrances for redress of their grievances...The right of the people to keep and bear arms shall not be infringed."

The framework of this nation is embodied in the Bill of Rights, unequaled in its time, and surpassed by none to date. Madison also stated, "The rights of the people to be secured in their persons, their houses, their papers, and their other property from all unreasonable searches and seizures shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized." He added, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial to be informed of the cause and nature of the accusation, to be confronted with his accusers and the witnesses against him; to have a compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense."

THE EXECUTIVE ORDER IN TIME OF WAR

Many of the fears of the founding fathers may now be coming to fruition. Today, the executive branch of the government is immensely powerful, much more powerful than the founding fathers had envisioned or wanted. Congressional legislative powers have been usurped. There is no greater example of that usurpation than in the form of the Presidential Executive Order. The process totally by-passes Congressional legislative authority and places in the hands of the President almost unilateral power. The Executive Order governs everything from the Flag Code of the United States to the ability to single-handedly declare Martial Law. Presidents have used the Executive Order in times of emergencies to override the Constitution of the United States and the Congress.

President Andrew Jackson used executive powers to force the law-abiding Cherokee Nation off their ancestral lands. The Cherokee fought the illegal action in the U.S. Supreme Court and won. But Jackson, using the power of the Presidency, continued to order the removal of the Cherokee Nation and defied the Court's ruling. He stated, "Let the Court try to enforce their ruling." The Cherokee lost their land and commenced a series of journeys that would be called The Trail of Tears.

President Abraham Lincoln suspended many fundamental rights guaranteed in the Constitution and the Bill of Rights. He closed down newspapers opposed to his war-time policies and imprisoned what many historians now call political prisoners. He suspended the right of trial and the right to be confronted by accusers. Lincoln's justification for such drastic actions was the preservation of the Union above all things. After the war and Lincoln's death, Constitutional law was restored.

In 1917, President Woodrow Wilson could not persuade Congress to arm United States vessels plying hostile German waters before the United States entered World War One. When Congress balked, Wilson invoked the policy through a Presidential Executive Order.

President Franklin Delano Roosevelt issued Executive Order No. 9066 in December 1941. His order forced 100,000 Japanese residents in the United States to be rounded up and placed in concentration camps. The property of the Japanese was confiscated. Both Lincoln's and Roosevelt's actions were taken during wartime, when the very life of the United States was threatened. Wilson's action was taken on the eve of the United States entering World War One. Whether history judges these actions as just, proper or legal, the decision must be left to time. The dire life struggle associated with these actions provided plausible argumentation favoring their implementation during a time when hysteria ruled an age.

THE NEW DANGERS

A Presidential Executive Order, whether Constitutional or not, becomes law simply by its publication in the Federal Registry. Congress is by-passed. Here are just a few Executive Orders that would suspend the Constitution and the Bill of Rights. These Executive Orders have been on record for nearly 30 years and could be enacted by the stroke of a Presidential pen:

  • EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports.

  • EXECUTIVE ORDER 10995 allows the government to seize and control the communication media.

  • EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.

  • EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms.

  • EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision.

  • EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions.

  • EXECUTIVE ORDER 11002 designates the Postmaster General to operate a national registration of all persons.

  • EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft.

  • EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.

  • EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.

  • EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

  • EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

Without Congressional approval, the President now has the power to transfer whole populations to any part of the country, the power to suspend the Press and to force a national registration of all persons. The President, in essence, has dictatorial powers never provided to him under the Constitution. The President has the power to suspend the Constitution and the Bill of Rights in a real or perceived emergency. Unlike Lincoln and Roosevelt, these powers are not derived from a wartime need, but from any crisis, domestic or foreign, hostile or economic. Roosevelt created extraordinary measures during the Great Depression, but any President faced with a similar, or lesser, economic crisis now has extraordinary powers to assume dictatorial status.

Many of the Executive Orders cited here have been on the books for over a quarter of a century and have not been applied. Therefore, what makes them more dangerous today than yesteryear? There has been a steady, consistent series of new Executive Orders, originating from President Richard Nixon and added to by Presidents Ronald Reagan, Jimmy Carter and George Bush that provide an ominous Orwellian portrait, the portrait of George Orwell's 1984.

THE EROSION OF INDIVIDUAL RIGHTS

A series of Executive Orders, internal governmental departmental laws, unpassed by Congress, the Anti-Drug Abuse Act of 1988 and the Violent Crime Control Act of 1991, has whittled down Constitutional law substantially. These new Executive Orders and Congressional Acts allow for the construction of concentration camps, suspension of rights and the ability of the President to declare Martial Law in the event of a drug crisis. Congress will have no power to prevent the Martial Law declaration and can only review the process six months after Martial Law has been declared. The most critical Executive Order was issued on August 1, 1971. Nixon signed both a proclamation and Executive Order 11615. Proclamation No. 4074 states, "I hereby declare a national emergency", thus establishing an economic crisis. That national emergency order has not been rescinded.

The crisis that changed the direction of governmental thinking was the anti-Vietnam protests. Fear that such demonstrations might explode into civil unrest, Executive Orders began to be created to allow extreme measures to be implemented to curtail the demonstrations. The recent Los Angeles riots after the Rodney King jury verdict only reinforced the government's concern about potential civil unrest and the need to have an effective mechanism to curtail such demonstrations.

Here are the later Executive Orders:

  • EXECUTIVE ORDER 11049 assigns emergency preparedness function to federal departments and agencies, consolidating 21 operative Executive Orders issued over a fifteen year period.

  • EXECUTIVE ORDER 11921 allows the Federal Emergency Preparedness Agency to develop plans to establish control over the mechanisms of production and distribution, of energy sources, wages, salaries, credit and the flow of money in U.S. financial institution in any undefined national emergency. It also provides that when a state of emergency is declared by the President, Congress cannot review the action for six months.

  • EXECUTIVE ORDER 12148 created the Federal Emergency Management Agency (FEMA) that is to interface with the Department of Defense for civil defense planning and funding. An "emergency czar" was appointed. FEMA has only spent about 6 percent of its budget on national emergencies, the bulk of their funding has been used for the construction of secret underground facilities to assure continuity of government in case of a major emergency, foreign or domestic.

  • EXECUTIVE ORDER 12656 appointed the National Security Council as the principal body that should consider emergency powers. This allows the government to increase domestic intelligence and surveillance of U.S. citizens and would restrict the freedom of movement within the United States and granted the government the right to isolate large groups of civilians. The National Guard could be federalized to seal all borders and take control of U.S. air space and all ports of entry. Many of the figures in the Iran-Contra scandal were part of this emergency contingent, including Marine Colonel Oliver North.

The Federal Emergency Management Agency has broad powers in every aspect of the nation. General Frank Salzedo, chief of FEMA's Civil Security Division stated in a 1983 conference that he saw FEMA's role as a "new frontier in the protection of individual and governmental leaders from assassination, and of civil and military installations from sabotage and/or attack, as well as prevention of dissident groups from gaining access to U.S. opinion, or a global audience in times of crisis."

The Violent Crime Control Act of 1991 provides additional powers to the President of the United States, allowing the suspension of the Constitution and Constitutional rights of Americans during a "drug crisis". It provides for the construction of detention camps, seizure of property, and military control of populated areas. This, teamed with the Executive Orders of the President, enables Orwellian prophecies to rest on whoever occupies the White House. The power provided by these "laws" allows suspension of the Constitution and the rights guaranteed in the Bill of Rights during any civil disturbances, major demonstrations and strikes and allows the military to implement government ordered movements of civilian populations at state and regional levels, the arrest of certain unidentified segments of the population, and the imposition of Martial Law.

When the Constitution of the United States was framed it placed the exclusive legislative authority in the hands of Congress and with the President. Article I, Section 1 of the United States Constitution is concise in its language, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." That is no longer true. The Bill of Rights protected Americans against loss of freedoms. That is no longer true. The Constitution provided for a balanced separation of powers. That is no longer applicable.

Perhaps it can be summed up succinctly in the words of arch-conservative activist Howard J. Ruff. "Since the enactment of Executive Order 11490, the only thing standing between us and dictatorship is the good character of the President, and the lack of a crisis severe enough that the public would stand still for it."

Yes,

And then we have Executive Order (EO) 11490. EO 11490 replaces all of the EO’s listed above. The language starts out mundane enough but gradually one can see how it gracefully usurps all States Rights and takes over all of the Peoples Rights. It does this so thoroughly in one document that it leaves the reader feeling powerless to rebuke or even struggle against the Federal Government. What follows is that document.

Executive Order 11490


Assigning emergency preparedness functions to Federal departments and agencies 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;

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(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.

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Part 2

Department of State

SECTION 201 Functions.

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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.

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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

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(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.

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(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,

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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 overall

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 Commission and the Office of

Telecommunications Management (OEP) plans and programs for the emergency control

of all devices capable of emitting electromagnetic radiation.

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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

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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.

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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:

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(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)

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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

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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

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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 jurisdiction

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

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(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.

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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

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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

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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:

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(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.

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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, labormanagement

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

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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.

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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 manpower,

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

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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 provision

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 postattack

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.

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(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:

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(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 providers

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.

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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 longstanding

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.

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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.

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(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

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administrative procedures to encourage the use of low-cost design and construction

techniques to maximize protection in connection with national programs.

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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 nongovernmental

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.

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(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 overall

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:

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(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 Statescontrolled

sections of the Saint Lawrence Seaway.

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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

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(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 Commissionowned

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 privatelyowned

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.

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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:

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(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 Transportation

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.

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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:

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(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.

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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

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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.

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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

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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 Federallyoccupied

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.

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(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

requirements of Federal agencies under emergency conditions, including the development

of policies, methods, and proce- dures for emergency procurement and for emergency

requisitioning 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; determination of

sources of supply; procurement of personal property and non-personal services;

furnishing appropriate inspection and contract administration services; and establishment,

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, inspection, 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. Develop 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.

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(11) Facilities protection and building and shelter manager 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.

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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 procurement (for this purpose, procurement includes upgrading, rotation, and

beneficiation), storage, security, maintenance, inspection, withdrawal, and disposal of

materials, supplies, and equipment.

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Part 21

Interstate Commerce Commission

SECTION 2101 Resume of Responsibilities.

The Chairman of the Interstate Commerce Commission, under the coordinating authority

of the Secretary of Transportation, shall prepare national emergency plans and develop

preparedness programs covering railroad utilization, reduction of vulnerability,

maintenance, restoration, and operation in an emergency (other than for the Alaska

Railroad - see Section 1303(6)); motor carrier utilization, reduction of vulnerability, and

operation in an emergency; inland waterway utilization of equipment and shipping,

reduction of vulnerability, 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;

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(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.

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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 unmanned 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.

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(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.

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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 developing, 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, mathematics, 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.

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Part 24

Railroad Retirement Board

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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.

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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.

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Part 26

Small Business Administration

SECTION 2601 Functions.

The Administrator of the Small Business Administration shall:

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(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, inventories, 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 equipment.

(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.

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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 Commission, 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

management, 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 resources in the

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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 determining 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 expansion 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 Agriculture 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.

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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.

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(4) Manpower administration. Prepare plans, in consonance with national manpower

policies and programs, for the administration of emergency civilian manpower and

employment 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 appropriate, 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 reassignment 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 Program.

(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

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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.

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Part 29

Veterans Administration

SECTION 2901 Functions.

The Administrator of Veterans 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 consistent 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 stabilization policies and controls designed to deal with various emergency

conditions.

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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 consideration 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

estimated requirements, and develop appropriate recommendations and programs,

including those necessary for the maintenance of an adequate mobilization base. Provide

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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 appropriate 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 guidance 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 responsibility.

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 Preparedness, 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 Secretaries 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 occupation 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

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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 requirements.

(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

Emergency Preparedness, the head of each department and agency shall supervise or

conduct research in areas 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 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 involving 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 emergency plans.

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(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

organizational 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

responsibility 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 accordance 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 training 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

programming 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 implementation 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.

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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 preparedness 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

Preparedness 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.

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(signed) Richard Nixon

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