Stafford Act, 42 USC Sections 5195-5195(a)

§ 5193

TITLE 42—THE PUBLIC HEALTH AND WELFARE

lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case
the President—
(A) shall, to the fullest extent practicable,
promptly notify and coordinate with a State
in which such assistance or support is provided; and
(B) shall not, in notifying and coordinating with a State under subparagraph (A),
delay or impede the rapid deployment, use,
and distribution of critical resources to victims of an emergency.
(b) General
Whenever the Federal assistance provided
under subsection (a) of this section with respect
to an emergency is inadequate, the President
may also provide assistance with respect to efforts to save lives, protect property and public
health and safety, and lessen or avert the threat
of a catastrophe, including precautionary evacuations.
(c) Guidelines
The President shall promulgate and maintain
guidelines to assist Governors in requesting the
declaration of an emergency in advance of a natural or man-made disaster (including for the
purpose of seeking assistance with special needs
and other evacuation efforts) under this section
by defining the types of assistance available to
affected States and the circumstances under
which such requests are likely to be approved.
(Pub. L. 93–288, title V, § 502, as added Pub. L.
100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat.
4706; amended Pub. L. 106–390, title II, § 206(b),
Oct. 30, 2000, 114 Stat. 1570; Pub. L. 109–295, title
VI, § 681(b), Oct. 4, 2006, 120 Stat. 1444.)
AMENDMENTS
2006—Subsec. (a)(1). Pub. L. 109–295, § 681(b)(1)(A), inserted ‘‘, including precautionary evacuations’’ before
semicolon at end.
Subsec. (a)(8). Pub. L. 109–295, § 681(b)(1)(B)–(D), added
par. (8).
Subsec. (b). Pub. L. 109–295, § 681(b)(2), inserted
‘‘, including precautionary evacuations’’ before period
at end.
Subsec. (c). Pub. L. 109–295, § 681(b)(3), added subsec.
(c).
2000—Subsec. (a)(6). Pub. L. 106–390 struck out ‘‘temporary housing’’ after ‘‘provide’’.

Page 5466

(A) continued emergency assistance is immediately required;
(B) there is a continuing and immediate
risk to lives, property, public health or safety; and
(C) necessary assistance will not otherwise
be provided on a timely basis.
(3) Report
Whenever the limitation described in paragraph (1) is exceeded, the President shall report to the Congress on the nature and extent
of emergency assistance requirements and
shall propose additional legislation if necessary.
(Pub. L. 93–288, title V, § 503, as added Pub. L.
100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat.
4707.)
SUBCHAPTER IV–B—EMERGENCY
PREPAREDNESS
§ 5195. Declaration of policy
The purpose of this subchapter is to provide a
system of emergency preparedness for the protection of life and property in the United States
from hazards and to vest responsibility for
emergency preparedness jointly in the Federal
Government and the States and their political
subdivisions. The Congress recognizes that the
organizational structure established jointly by
the Federal Government and the States and
their political subdivisions for emergency preparedness purposes can be effectively utilized to
provide relief and assistance to people in areas
of the United States struck by a hazard. The
Federal Government shall provide necessary direction, coordination, and guidance, and shall
provide necessary assistance, as authorized in
this subchapter so that a comprehensive emergency preparedness system exists for all hazards.
(Pub. L. 93–288, title VI, § 601, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3100.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2251 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).

EFFECTIVE DATE OF 2000 AMENDMENT

TRANSFER OF FUNCTIONS

Amendment by Pub. L. 106–390 effective 18 months
after Oct. 30, 2000, see section 206(d) of Pub. L. 106–390,
set out as a note under section 5174 of this title.

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 5193. Amount of assistance
(a) Federal share
The Federal share for assistance provided
under this subchapter shall be equal to not less
than 75 percent of the eligible costs.
(b) Limit on amount of assistance
(1) In general
Except as provided in paragraph (2), total assistance provided under this subchapter for a
single emergency shall not exceed $5,000,000.
(2) Additional assistance
The limitation described in paragraph (1)
may be exceeded when the President determines that—

MULTIHAZARD PREPAREDNESS AND MITIGATION
Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1086, as
amended by Pub. L. 109–295, title VI, § 612(c), Oct. 4,

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

2006, 120 Stat. 1410, provided in part: ‘‘That beginning in
fiscal year 2000 and each fiscal year thereafter, and notwithstanding any other provision of law, the Administrator of FEMA is authorized to provide assistance
from funds appropriated under this heading [EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE], subject to terms and conditions as the Administrator of FEMA shall establish, to any State for
multi-hazard preparedness and mitigation through consolidated
emergency
management
performance
grants’’.
MULTIHAZARD RESEARCH, PLANNING, AND MITIGATION;
FUNCTIONS, ETC., OF FEDERAL EMERGENCY MANAGEMENT AGENCY
Pub. L. 96–472, title III, §§ 301, 302, Oct. 19, 1980, 94
Stat. 2260, as amended by Pub. L. 97–80, title III, § 301,
Nov. 20, 1981, 95 Stat. 1083; Pub. L. 97–464, title II, § 201,
Jan. 12, 1983, 96 Stat. 2533; Pub. L. 109–295, title VI,
§ 612(c), Oct. 4, 2006, 120 Stat. 1410, provided that:
‘‘SEC. 301. It is recognized that natural and manmade
hazards may not be independent of one another in any
given disaster, and it is also recognized that emergency
personnel are often called upon to meet emergencies
outside of their primary field of service. Furthermore,
planning for and responding to different hazards have
certain common elements. To make maximum use of
these commonalities, the Administrator of the Federal
Emergency Management Agency (hereinafter referred
to as the ‘Director’) is authorized and directed to:
‘‘(1) initiate, within one year after the date of enactment of this Act [Oct. 19, 1980], studies with the
objective of defining and developing a multihazard research, planning, and implementation process within
the Agency;
‘‘(2) develop, within one year after the date of enactment of this Act [Oct. 19, 1980], in cooperation
with State and local governments, prototypical
multihazard mitigation projects which can be used to
evaluate several approaches to the varying hazard
mitigation needs of State and local governments and
to assess the applicability of these prototypes to
other jurisdictions with similar needs;
‘‘(3) investigate and evaluate, within one year after
the date of enactment of this Act [Oct. 19, 1980], the
effectiveness of a range of incentives for hazard reductions that can be applied at the State and local
government levels;
‘‘(4) prepare recommendations as to the need for
legislation that will limit the legal liability of those
third party persons or groups which are called upon
to provide technical assistance and advice to public
employees, including policemen, firemen, and transportation employees, who are generally the first to
respond to a hazardous incident; which recommendations shall be provided to the appropriate committees
of Congress within one hundred and eighty days after
the date of enactment of this Act [Oct. 19, 1980];
‘‘(5) prepare, within one hundred and eighty days
after the date of enactment of this Act [Oct. 19, 1980],
a report on the status of the Agency’s emergency information and communications systems which will
provide recommendations on—
‘‘(A) the advisability of developing a single, unified emergency information and communication
system for use by the Agency in carrying out its
emergency management activities;
‘‘(B) the potential for using communication and
remote sensing satellites as part of the Agency’s
emergency information and communication system; and
‘‘(C) the type of system to be developed, if needed,
including the relationship of the proposed system
and its needs to the existing and emerging information and communication systems in other Federal
agencies;
‘‘(6) conduct a program of multihazard research,
planning, and mitigation in coordination with those
studies and evaluations authorized in paragraphs (1)
through (5), as well as other hazard research, plan-

§ 5195

ning, and mitigation deemed necessary by the Director;
‘‘(7) conduct emergency first response programs so
as to better train and prepare emergency personnel to
meet emergencies outside of their primary field of
service; and
‘‘(8) conduct a program of planning, preparedness,
and mitigation related to the multiple direct and indirect hazards resulting from the occurrence of large
earthquakes.
‘‘SEC. 302. (a) For the fiscal year ending September 30,
1981, there are authorized to be appropriated to the Director $1,000,000 to carry out paragraphs (1) through (5)
of section 301 and such sums as may be necessary to
carry out paragraph (6) of such section.
‘‘(b) For the fiscal year ending September 30, 1982,
there are authorized to be appropriated to the Director—
‘‘(1) $4,939,000 to carry out section 301, which
amount shall include—
‘‘(A) not less than $700,000 to carry out the purposes of paragraphs (1) through (6) of such section;
‘‘(B) such sums as may be necessary, but in any
case not less than $939,000, for use by the United
States Fire Administration in carrying out paragraph (7) of such section; and
‘‘(C) not less than $3,300,000 to carry out paragraph (8) of such section with respect to those large
California earthquakes which were identified by the
National Security Council’s Ad Hoc Committee on
Assessment of Consequences and Preparations for a
Major California Earthquake; and
‘‘(2) such further sums as may be necessary for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct
of activities for which funds are authorized by paragraph (1) of this subsection.
‘‘(c) For the fiscal year ending September 30, 1983,
there are authorized to be appropriated to the Director—
‘‘(1) $2,774,000 to carry out section 301, which
amount shall include—
‘‘(A) not less than $300,000 to carry out the purposes of paragraphs (1) through (6) of such section;
‘‘(B) such sums as may be necessary, but in any
case not less than $939,000, for use by the United
States Fire Administration in carrying out paragraph (7) of such section; and
‘‘(C) not less than $1,535,000 to carry out paragraph (8) of such section with respect to those large
California earthquakes which were identified by the
National Security Council’s Ad Hoc Committee on
Assessment of Consequences and Preparations for a
Major California Earthquake and with respect to
other high seismic risk areas in the United States;
and
‘‘(2) such further sums as may be necessary for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct
of activities for which funds are authorized by paragraph (1) of this subsection.’’
REORGANIZATION PLAN NO. 1 OF 1958
Eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended
Pub. L. 85–763, Aug. 26, 1958, 72 Stat. 861; Pub. L.
87–296, § 1, Sept. 22, 1961, 75 Stat. 630; Pub. L. 87–367,
title I, § 103(10), Oct. 4, 1961, 75 Stat. 788; Pub. L.
88–426, title III, § 305(11), Aug. 14, 1964, 78 Stat. 423;
Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194;
Reorg. Plan No. 1 of 1973, § 3(a), eff. July 1, 1973, 38
F.R. 9579, 87 Stat. 1089
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 24, 1958, pursuant to the provisions of
the Reorganization Act of 1949, approved June 20,
1949, as amended [see 5 U.S.C. 901 et seq.].
CIVILIAN MOBILIZATION
SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT
(a) There are hereby transferred to the President of
the United States all functions vested by law (including

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

reorganization plan) in the following: The Office of Defense Mobilization, the Director of the Office of Defense
Mobilization, the Federal Civil Defense Administration, and the Federal Civil Defense Administrator.
(b) The President may from time to time delegate
any of the functions transferred to him by subsection
(a) of this section to any officer, agency, or employee
of the executive branch of the Government, and may
authorized such officer, agency, or employee to redelegate any of such functions delegated to him.
SEC. 2. OFFICE OF EMERGENCY PREPAREDNESS
[The Office of Emergency Preparedness including the
offices of Director and Deputy Director, and all offices
of Assistant Director, were abolished by Reorg. Plan
No. 1 of 1973, § 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87
Stat. 1089, set out below.]
SEC. 3. REGIONAL DIRECTORS
[All offices of Regional Director of the Office of
Emergency Preparedness were abolished by Reorg. Plan
No. 1 of 1973, § 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87
Stat. 1089, set out below.]
SEC. 4. MEMBERSHIP ON NATIONAL SECURITY COUNCIL
[The functions of the Director of the Office of Emergency Preparedness as a member of the National Security Council were abolished by Reorg. Plan No. 1 of
1973, § 3(a)(2), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089,
set out below.]
SEC. 5. CIVIL DEFENSE ADVISORY COUNCIL
[The Civil Defense Advisory Council, together with
its functions, was abolished by Reorg. Plan No. 1 of
1973, § 3(a)(3), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089,
set out below.]
SEC. 6. ABOLITIONS
The offices of Federal Civil Defense Administrator
and Deputy Administrator provided for in section 101 of
the Federal Civil Defense Act (50 U.S.C. App. 2271) and
the offices of the Director of the Office of Defense Mobilization and Deputy Director of the Office of Defense
Mobilization provided for in section 1 of Reorganization
Plan Numbered 3 of 1953 (67 Stat. 634) are hereby abolished. The Director of the Office of Emergency Preparedness shall make such provisions as may be necessary in order to wind up any outstanding affairs of
the offices abolished by this section which are not
otherwise provided for in this reorganization plan. [As
amended Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82
Stat. 1194.]
SEC. 7. RECORDS, PROPERTY, PERSONNEL, AND FUNDS
(a) The records, property, personnel, and unexpended
balances, available or to be made available, of appropriations, allocations, and other funds of the Office of
Defense Mobilization and of the Federal Civil Defense
Administration shall, upon the taking effect of the provisions of this reorganization plan, become records,
property, personnel, and unexpended balances of the Office of Emergency Preparedness.
(b) Records, property, personnel, and unexpended balances, available or to be made available, of appropriations, allocations, and other funds of any agency (including the Office of Emergency Preparedness), relating to functions vested in or delegated or assigned to
the Office of Defense Mobilization or the Federal Civil
Defense Administration immediately prior to the taking effect of the provisions of this reorganization plan,
may be transferred from time to time to any other
agency of the Government by the Director of the Bureau of the Budget under authority of this subsection
for use, subject to the provisions of the Reorganization
Act of 1949, as amended, in connection with any of the
said functions authorized at time of transfer under this
subsection to be performed by the transferee agency.
(c) Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to

Page 5468

be necessary in connection with the provisions of subsections (a) and (b) of this section shall be carried out
in such manner as he shall direct and by such agencies
as he shall designate. [As amended Pub. L. 90–608, ch.
IV, § 402, Oct. 21, 1968, 82 Stat. 1194.]
SEC. 8. INTERIM PROVISIONS
The President may authorize any person who immediately prior to the effective date of this reorganization
plan holds an office abolished by section 6 hereof to
hold any office established by section 2 of this reorganization plan until the latter office is filled pursuant to
the said section 2 or by recess appointment, as the case
may be, but in no event for any period extending more
than 120 days after the said effective date.
SEC. 9. EFFECTIVE DATE
The provisions of this reorganization plan shall take
effect at the time determined under the provisions of
section 6(a) of the Reorganization Act of 1949, as
amended, or on July 1, 1958, whichever is later.
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 1 of
1958, prepared in accordance with the Reorganization
Act of 1949, as amended. The reorganization plan provides new arrangements for the conduct of Federal defense mobilization and civil defense functions.
In formulating Reorganization Plan No. 1, I have had
the benefit of several studies made by the executive
branch as well as those conducted by the Congress. The
reorganization plan will overcome the major difficulties revealed by those studies and mentioned in my 1959
budget message where I made the following statement:
The structure of Federal organization for the planning, coordination, and conduct of our nonmilitary defense programs has been reviewed, and I have concluded
that the existing statues assigning responsibilities for
the central coordination and direction of these programs are out of date. The rapid technical advances of
military science have led to a serious overlap among
agencies carrying on these leadership and planning
functions. Because the situation will continue to
change and because these functions transcend the responsibility of any single department or agency, I have
concluded that they should be vested in no one short of
the President. I will make recommendations to the
Congress on this subject.
The principal effects of the organization plan are—
First, it transfers to the President the functions vested by law in the Federal Civil Defense Administration
and those so vested in the Office of Defense Mobilization. The result is to establish a single pattern with respect to the vesting of defense mobilization and civil
defense functions. At the present time disparity exists
in that civil defense functions are vested in the President only to a limited degree while a major part of the
functions administered by the Office of Defense Mobilization are vested by law in the President and delegated
by him to that Office. Under the plan, the broad program responsibilities for coordinating and conducting
the interrelated defense mobilization and civil defense
functions will be vested in the President for appropriate delegation as the rapidly changing character of
the nonmilitary preparedness program warrants.
Second, the reorganization plan consolidates the Office of Defense Mobilization and the Federal Civil Defense Administration to form a new Office of Defense
and Civilian Mobilization in the Executive Office of the
President. I have concluded that, in many instances,
the interests and activities of the Office of Defense Mobilization and the Federal Civil Defense Administration
overlap to such a degree that it is not possible to work
out a satisfactory division of those activities and interests between the two agencies. I have also concluded
that a single civilian mobilization agency of appropriate stature and authority is needed and that such an
agency will ensue from the consolidation and from the

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

granting of suitable authority to that agency for directing and coordinating the preparedness activities of
the Federal departments and agencies and for providing
unified guidance and assistance to the State and local
governments.
Third, the reorganization plan transfers the membership of the Director of the Office of Defense Mobilization on the National Security Council to the Director
of the Office of Defense and Civilian Mobilization and
also transfers the Civil Defense Advisory Council to the
Office of Defense and Civilian Mobilization.
Initially, the Office of Defense and Civilian Mobilization will perform the civil defense and defense mobilization functions now performed by the Office of Defense
Mobilization and the Federal Civil Defense Administration. One of its first tasks will be to advise me with respect to the actions to be taken to clarify and expand
the roles of the Federal departments and agencies in
carrying out nonmilitary defense preparedness functions. After such actions are taken, the direction and
coordination of the civil defense and defense mobilization activities assigned to the departments and agencies will comprise a principal remaining responsibility
of the Office of Defense and Civilian Mobilization.
After investigation, I have found and hereby declare
that each reorganization included in Reorganization
Plan No. 1 of 1958 is necessary to accomplish one or
more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended.
I have also found and hereby declare that it is necessary to include in the accompanying reorganization
plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of new officers specified in sections 2 and 3 of the plan. The rates
of compensation fixed for these officers are, respectively those which I have found to prevail in respect of
comparable officers in the executive branch of the Government.
The taking effect of the reorganizations included in
Reorganization Plan No. 1 of 1958 will immediately reduce the number of Federal agencies by one and, by
providing sounder organizational arrangements for the
administration of the affected functions, should promote the increased economy and effectiveness of the
Federal expenditures concerned. It is, however, impracticable to itemize at this time the reduction of expenditures which it is probable will be brought about by such
taking effect.
I urge that the Congress allow the reorganization
plan to become effective.
DWIGHT D. EISENHOWER.
THE WHITE HOUSE, April 24, 1958.
REORGANIZATION PLAN NO. 1 OF 1973
Eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, as amended
May 11, 1976, Pub. L. 94–282, title V, § 502, 90 Stat. 472
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, January 26, 1973, pursuant to the provisions
of Chapter 9 of Title 5 of the United States Code.
EXECUTIVE OFFICE OF THE PRESIDENT
SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT
Except as provided in section 3(a)(2) of this reorganization plan, there are hereby transferred to the President of the United States all functions vested by law in
the Office of Emergency Preparedness or the Director
of the Office of Emergency Preparedness after the effective date of Reorganization Plan No. 1 of 1958.
SEC. 2. [Repealed. Pub. L. 94–282, title V, § 502, May 11,
1976, 90 Stat. 472. Section transferred to the Director of
the National Science Foundation all functions vested
by law in the Office of Science and Technology or the
Director or Deputy Director of the Office of Science
and Technology.]
SEC. 3. ABOLITIONS
(a) The following are hereby abolished:

§ 5195

(1) The Office of Emergency Preparedness including
the offices of Director, Deputy Director, and all offices
of Assistant Director, and Regional Director of the Office of Emergency Preparedness provided for by sections 2 and 3 of Reorganization Plan No. 1 of 1958 (5
U.S.C., App.).
(2) The functions of the Director of the Office of
Emergency Preparedness with respect to being a member of the National Security Council.
(3) The Civil Defense Advisory Council, created by
section 102(a) of the Federal Civil Defense Act of 1950
(50 U.S.C. App. 2272(a)), together with its functions.
(4) The National Aeronautics and Space Council, created by section 201 of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2471), including the office of
Executive Secretary of the Council, together with its
functions.
(5) The Office of Science and Technology, including
the offices of Director and Deputy Director, provided
for by sections 1 and 2 of Reorganization Plan No. 2 of
1962 (5 U.S.C., App.).
(b) The Director of the Office of Management and
Budget shall make such provisions as he shall deem
necessary respecting the winding up of any outstanding
affairs of the agencies abolished by the provisions of
this section.
SEC. 4. INCIDENTAL TRANSFERS
(a) So much of the personnel, property, records, and
unexpended balances of appropriations, allocations, and
other funds employed, used, held, available, or to be
made available in connection with the functions transferred by sections 1 and 2 of this reorganization plan as
the Director of the Office of Management and Budget
shall determine shall be transferred at such time or
times as he shall direct for use in connection with the
functions transferred.
(b) Such further measures and dispositions as the Director of the Office of Management and Budget shall
deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be
carried out in such manner as he shall direct and by
such agencies as he shall designate.
SEC. 5. EFFECTIVE DATE
The provisions of this reorganization plan shall take
effect as provided by section 906(a) of title 5 of the
United States Code, or on July 1, 1973, whichever is
later.
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
On January 5 I announced a three-part program to
streamline the executive branch of the Federal Government. By concentrating less responsibility in the President’s immediate staff and more in the hands of the departments and agencies, this program should significantly improve the services of the Government. I believe these reforms have become so urgently necessary
that I intend, with the cooperation of the Congress, to
pursue them with all of the resources of my office during the coming year.
The first part of this program is a renewed drive to
achieve passage of my legislative proposals to overhaul
the Cabinet departments. Secondly, I have appointed
three Cabinet Secretaries as Counsellors to the President with coordinating responsibilities in the broad
areas of human resources, natural resources, and community development, and five Assistants to the President with special responsibilities in the areas of domestic affairs, economic affairs, foreign affairs, executive
management, and operations of the White House.
The third part of this program is a sharp reduction in
the overall size of the Executive Office of the President
and a reorientation of that office back to its original
mission as a staff for top-level policy formation and
monitoring of policy execution in broad functional
areas. The Executive Office of the President should no
longer be encumbered with the task of managing or ad-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ministering programs which can be run more effectively by the departments and agencies. I have therefore concluded that a number of specialized operational
and program functions should be shifted out of the Executive Office into the line departments and agencies of
the Government. Reorganization Plan No. 1 of 1973,
transmitted herewith, would effect such changes with
respect to emergency preparedness functions and scientific and technological affairs.
STREAMLINING THE FEDERAL SCIENCE
ESTABLISHMENT
When the National Science Foundation was established by an act of the Congress in 1950, its statutory
responsibilities included evaluation of the Government’s scientific research programs and development of
basic science policy. In the late 1950’s, however, with
the effectiveness of the U.S. science effort under serious scrutiny as a result of sputnik, the post of Science
Advisor to the President was established. The White
House became increasingly involved in the evaluation
and coordination of research and development programs and in science policy matters, and that involvement was institutionalized in 1962 when a reorganization plan established the Office of Science and Technology within the Executive Office of the President,
through transfer of authorities formerly vested in the
National Science Foundation.
With advice and assistance from OST during the past
decade; the scientific and technological capability of
the Government has been markedly strengthened. This
administration is firmly committed to a sustained,
broadbased national effort in science and technology,
as I made plain last year in the first special message on
the subject ever sent by a President to the Congress.
The research and development capability of the various
executive departments and agencies, civilian as well as
defense, has been upgraded. The National Science
Foundation has broadened from its earlier concentration on basic research support to take on a significant
role in applied research as well. It has matured in its
ability to play a coordinating and evaluative role within the Government and between the public and private
sectors.
I have therefore concluded that it is timely and appropriate to transfer to the Director of the National
Science Foundation all functions presently vested in
the Office of Science and Technology, and to abolish
that office. Reorganization Plan No. 1 would effect
these changes.
The multi-disciplinary staff resources of the Foundation will provide analytic capabilities for performance
of the transferred functions. In addition, the Director
of the Foundation will be able to draw on expertise
from all of the Federal agencies, as well as from outside the Government, for assistance in carrying out his
new responsibilities.
It is also my intention, after the transfer of responsibilities is effected, to ask Dr. H. Guyford Stever, the
current Director of the Foundation, to take on the additional post of Science Adviser. In this capacity, he
would advise and assist the White House, Office of Management and Budget, Domestic Council, and other entities within the Executive Office of the President on
matters where scientific and technological expertise is
called for, and would act as the President’s representative in selected cooperative programs in international
scientific affairs, including chairing such joint bodies
as the U.S.—U.S.S.R. Joint Commission on Scientific
and Technical Cooperation.
In the case of national security, the Department of
Defense has strong capabilities for assessing weapons
needs and for undertaking new weapons development,
and the President will continue to draw primarily on
this source for advice regarding military technology.
The President in special situations also may seek independent studies or assessments concerning military
technology from within or outside the Federal establishment, using the machinery of the National Security
Council for this purpose, as well as the Science Adviser
when appropriate.

Page 5470

In one special area of technology—space and aeronautics—a coordinating council has existed within the
Executive Office of the President since 1958. This body,
the National Aeronautics and Space Council, met a
major need during the evolution of our nation’s space
program. Vice President Agnew has served with distinction as its chairman for the past four years. At my
request, beginning in 1969, the Vice President also
chaired a special Space Task Group charged with developing strategy alternatives for a balanced U.S. space
program in the coming years.
As a result of this work, basic policy issues in the
United States space effort have been resolved, and the
necessary interagency relationships have been established. I have therefore concluded, with the Vice President’s concurrence, that the Council can be discontinued. Needed policy coordination can now be achieved
through the resources of the executive departments and
agencies, such as the National Aeronautics and Space
Administration, augmented by some of the former
Council staff. Accordingly, my reorganization plan proposes the abolition of the National Aeronautics and
Space Council.
A NEW APPROACH TO EMERGENCY
PREPAREDNESS
The organization within the Executive Office of the
President which has been known in recent years as the
Office of Emergency Preparedness dates back, through
its numerous predecessor agencies, more than 20 years.
It has performed valuable functions in developing plans
for emergency preparedness, in administering Federal
disaster relief, and in overseeing and assisting the
agencies in this area.
OEP’s work as a coordinating and supervisory authority in this field has in fact been so effective—particularly under the leadership of General George A.
Lincoln, its director for the past four years, who retired earlier this month after an exceptional military
and public service career—that the line departments
and agencies which in the past have shared in the performance of the various preparedness functions now
possess the capability to assume full responsibility for
those functions. In the interest of efficiency and economy, we can now further streamline the Executive Office of the President by formally relocating those responsibilities and closing the Office of Emergency Preparedness.
I propose to accomplish this reform in two steps.
First, Reorganization Plan No. 1 would transfer to the
President all functions previously vested by law in the
Office or its Director, except the Director’s role as a
member of the National Security Council, which would
be abolished; and it would abolish the Office of Emergency Preparedness.
The functions to be transferred to the President from
OEP are largely incidental to emergency authorities
already vested in him. They include functions under
the Disaster Relief Act of 1970 [42 U.S.C. 4401 et seq.];
the function of determining whether a major disaster
has occurred within the meaning of (1) Section 7 of the
Act of September 30, 1950, as amended, 20 U.S.C. 241–1,
or (2) Section 762(a) of the Higher Education Act of
1965, as added by Section 161(a) of the Education
Amendments of 1972, Public Law 92–318, 86 Stat. 288 at
299 (relating to the furnishing by the Commissioner of
Education of disaster relief assistance for educational
purposes) [20 U.S.C. 1132d–1]; and functions under Section 232 of the Trade Expansion Act of 1962, as amended
(19 U.S.C. 1862), with respect to the conduct of investigations to determine the effects on national security
of the importation of certain articles.
The Civil Defense Advisory Council within OEP
would also be abolished by this plan, as changes in domestic and international conditions since its establishment in 1950 have now obviated the need for a standing
council of this type. Should advice of the kind the
Council has provided be required again in the future,
State and local officials and experts in the field can be
consulted on an ad hoc basis.

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Second, as soon as the plan became effective, I would
delegate OEP’s former functions as follows:
All OEP responsibilities having to do with preparedness for and relief of civil emergencies and disasters would be transferred to the Department of
Housing and Urban Development. This would provide
greater field capabilities for coordination of Federal
disaster assistance with that provided by States and
local communities, and would be in keeping with the
objective of creating a broad, new Department of
Community Development.
OEP’s responsibilities for measures to ensure the
continuity of civil government operations in the
event of major military attack would be reassigned
to the General Services Administration, as would responsibility for resource mobilization including the
management of national security stockpiles, with
policy guidance in both cases to be provided by the
National Security Council, and with economic considerations relating to changes in stockpile levels to
be coordinated by the Council on Economic Policy.
Investigations of imports which might threaten the
national security—assigned to OEP by Section 232 of
the Trade Expansion Act of 1962 [19 U.S.C. 1862]—
would be reassigned to the Treasury Department,
whose other trade studies give it a readymade capability in this field; the National Security Council
would maintain its supervisory role over strategic
imports.
Those disaster relief authorities which have been reserved to the President in the past, such as the authority to declare major disasters, will continue to be exercised by him under these new arrangements. In emergency situations calling for rapid interagency coordination, the Federal response will be coordinated by the
Executive Office of the President under the general supervision of the Assistant to the President in charge of
executive management.
The Oil Policy Committee will continue to function
as in the past, unaffected by this reorganization, except
that I will designate the Deputy Secretary of the
Treasury as chairman in place of the Director of OEP.
The committee will operate under the general supervision of the Assistant to the President in charge of
economic affairs.
DECLARATIONS
After investigation, I have found that each action included in the accompanying plan is necessary to accomplish one or more of the purposes set forth in Section 901(a) of title 5 of the United States Code. In particular, the plan is responsive to the intention of the
Congress as expressed in Section 901(a)(1), ‘‘to promote
better execution of the laws, more effective management of the executive branch and of its agencies and
functions, and expeditious administration of the public
business;’’ and in Section 901(a)(3), ‘‘to increase the efficiency of the operations of the Government to the
fullest extent practicable;’’ and in Section 901(a)(5), ‘‘to
reduce the number of agencies by consolidating those
having similar functions under a single head, and to
abolish such agencies or functions as may not be necessary for the efficient conduct of the Government.’’
While it is not practicable to specify all of the expenditure reductions and other economies which will
result from the actions proposed, personnel and budget
savings from abolition of the National Aeronautics and
Space Council and the Office of Science and Technology
alone will exceed $2 million annually, and additional
savings should result from a reduction of Executive
Pay Schedule positions now associated with other
transferred and delegated functions.
The plan has as its one logically consistent subject
matter the streamlining of the Executive Office of the
President and the disposition of major responsibilities
currently conducted in the Executive Office of the
President, which can better be performed elsewhere or
abolished.
The functions which would be abolished by this plan,
and the statutory authorities for each, are:

§ 5195

(1) the functions of the Director of the Office of
Emergency Preparedness with respect to being a
member of the National Security Council (Sec. 101,
National Security Act of 1947, as amended, 50 U.S.C.
402; and Sec. 4, Reorganization Plan No. 1 of 1958);
(2) the functions of the Civil Defense Advisory
Council (Sec. 102(a) Federal Civil Defense Act of 1950;
50 U.S.C. App. 2272(a)); and
(3) the functions of the National Aeronautics and
Space Council (Sec. 201, National Aeronautics and
Space Act of 1958; 42 U.S.C. 2471).
The proposed reorganization is a necessary part of
the restructuring of the Executive Office of the President. It would provide through the Director of the National Science Foundation a strong focus for Federal
efforts to encourage the development and application
of science and technology to meet national needs. It
would mean better preparedness for and swifter response to civil emergencies, and more reliable precautions against threats to the national security. The
leaner and less diffuse Presidential staff structure
which would result would enhance the President’s ability to do his job and would advance the interests of the
Congress as well.
I am confident that this reorganization plan would
significantly increase the overall efficiency and effectiveness of the Federal Government. I urge the Congress to allow it to become effective.
RICHARD NIXON.
THE WHITE HOUSE, January 26, 1973.
EXECUTIVE ORDER NO. 10186
Ex. Ord. No. 10186, Dec. 1, 1950, 15 F.R. 8557, established the Federal Civil Defense Administration in the
Office for Emergency Management of the Executive Office of the President, provided for the appointment of
an Administrator and a Deputy Administrator, and delineated the purposes, functions, and authority of the
Administration and the Administrator.
EXECUTIVE ORDER NO. 10222
Ex. Ord. No. 10222, Mar. 8, 1951, 16 F.R. 2247, which
transferred to Federal Civil Defense Administration
functions of Health Resources Office of National Security Resources Board, was revoked by section 904(a)(2)
of Ex. Ord. No. 12919, June 3, 1994, 59 F.R. 29533, set out
as a note under section 2153 of Title 50, Appendix, War
and National Defense.
EXECUTIVE ORDER NO. 10346
Ex. Ord. No. 10346, Apr. 17, 1952, 17 F.R. 3477, as
amended by Ex. Ord. No. 10438, Mar. 13, 1953, 18 F.R.
1491; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex.
Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No.
11051, Sept. 27, 1962, 27 F.R. 9683, which related to the
preparation by Federal agencies of civil defense emergency plans, was revoked by Ex. Ord. No. 11490, Oct. 28,
1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 10529
Ex. Ord. No. 10529, Apr. 22, 1954, 19 F.R. 2397, as
amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061;
Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord.
No. 11051, Sept. 27, 1962, 27 F.R. 9683, which related to
Federal employee participation in State and local civil
defense programs, was revoked by section 5–104 of Ex.
Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set out below.
EXECUTIVE ORDER NO. 10611
Ex. Ord. No. 10611, May 11, 1955, 20 F.R. 3245, which related to establishment of the Civil Defense Coordinating Board, was revoked by section 7(7) of Ex. Ord.
No. 10773.
EXECUTIVE ORDER NO. 10773
Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061, as amended by Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971,
which related to the delegation and transfer of func-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

tions to the Office of Civil and Defense Mobilization,
was superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27
F.R. 9683, see below.

Page 5472

tions to Interstate Commerce Commission, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567,
see below.

EXECUTIVE ORDER NO. 10902

EXECUTIVE ORDER NO. 11051

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

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

EXECUTIVE ORDER NO. 10952
Ex. Ord. No. 10952, July 20, 1961, 26 F.R. 6577, as
amended by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R.
9683, which related to the assignment of civil defense
responsibilities, was revoked by section 5–108 of Ex.
Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set out below.
EXECUTIVE ORDER NO. 10958
Ex. Ord. No. 10958, Aug. 14, 1961, 26 F.R. 7571, as
amended by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R.
9683, which provided for the delegation of functions respecting stockpiles of medical supplies and equipment
and food, was revoked by Ex. Ord. No. 11794, July 11,
1974, 39 F.R. 25937.
EXECUTIVE ORDER NO. 10997
Ex. Ord. No. 10997, Feb. 16, 1962, 27 F.R. 1522, which related to assignment of emergency preparedness functions to Secretary of the Interior, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 10998
Ex. Ord. No. 10998, Feb. 16, 1962, 27 F.R. 1524, which related to assignment of emergency preparedness functions to Secretary of Agriculture, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 10999
Ex. Ord. No. 10999, Feb. 16, 1962, 27 F.R. 1527, which related to assignment of emergency preparedness functions to Secretary of Commerce, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11000
Ex. Ord. No. 11000, Feb. 16, 1962, 27 F.R. 1532, which related to assignment of emergency preparedness functions to Secretary of Labor, was revoked by Ex. Ord.
No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11001
Ex. Ord. No. 11001, Feb. 16, 1962, 27 F.R. 1534, which related to assignment of emergency preparedness functions to Secretary of Health, Education, and Welfare,
was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.
17567, see below.
EXECUTIVE ORDER NO. 11002
Ex. Ord. No. 11002, Feb. 16, 1962, 27 F.R. 1539, which related to assignment of emergency preparedness functions to Postmaster General, was revoked by Ex. Ord.
No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11003
Ex. Ord. No. 11003, Feb. 16, 1962, 27 F.R. 1540, which related to assignment of emergency preparedness functions to Administrator of Federal Aviation Agency,
was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.
17567, see below.
EXECUTIVE ORDER NO. 11004
Ex. Ord. No. 11004, Feb. 16, 1962, 27 F.R. 1542, which related to assignment of emergency preparedness functions to Housing and Home Finance Administrator, was
revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.
17567, see below.
EXECUTIVE ORDER NO. 11005
Ex. Ord. No. 11005, Feb. 16, 1962, 27 F.R. 1544, which related to assignment of emergency preparedness func-

EXECUTIVE ORDER NO. 11087
Ex. Ord. No. 11087, Feb. 26, 1963, 28 F.R. 1835, which related to assignment of emergency preparedness functions to Secretary of State, was revoked by Ex. Ord.
No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11088
Ex. Ord. No. 11088, Feb. 26, 1963, 28 F.R. 1837, which related to assignment of emergency preparedness functions to Secretary of the Treasury, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11089
Ex. Ord. No. 11089, Feb. 26, 1963, 28 F.R. 1839, which related to assignment of emergency preparedness functions to Atomic Energy Commission, was revoked by
Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11090
Ex. Ord. No. 11090, Feb. 26, 1963, 28 F.R. 1841, which related to assignment of emergency preparedness functions to Civil Aeronautics Board, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11091
Ex. Ord. No. 11091, Feb. 26, 1963, 28 F.R. 1843, which related to assignment of emergency preparedness functions to Civil Service Commission, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11092
Ex. Ord. No. 11092, Feb. 26, 1963, 28 F.R. 1847, which related to assignment of emergency preparedness functions to Federal Communications Commission, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567,
see below.
EXECUTIVE ORDER NO. 11093
Ex. Ord. No. 11093, Feb. 26, 1963, 28 F.R. 1851, which related to assignment of emergency preparedness functions to Administrator of General Services, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567,
see below.
EXECUTIVE ORDER NO. 11094
Ex. Ord. No. 11094, Feb. 26, 1963, 28 F.R. 1855, which related to assignment of emergency preparedness functions to Board of Governors of Federal Reserve System,
Federal Home Loan Bank Board, Farm Credit Administration, Export-Import Bank of Washington, Board of
Directors of Federal Deposit Insurance Corporation,
Securities and Exchange Commission, Administrator of
Small Business Administration, and Administrator of
Veterans Affairs, was revoked by Ex. Ord. No. 11490,
Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11095
Ex. Ord. No. 11095, Feb. 26, 1963, 28 F.R. 1859, which related to assignment of emergency preparedness functions to Board of Directors of Tennessee Valley Authority, Railroad Retirement Board, Administrator of National Aeronautics and Space Administration, Federal
Power Commission, and Director of National Science

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Foundation, was revoked by Ex. Ord. No. 11490, Oct. 28,
1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11426
Ex. Ord. No. 11426, Aug. 31, 1968, 33 F.R. 12615, which
provided for Federal-State liaison and cooperation, was
superseded by Ex. Ord. No. 11455, Feb. 14, 1969, 34 F.R.
2299.
EXECUTIVE ORDER NO. 11490
Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, as
amended by Ex. Ord. No. 11522, Apr. 6, 1970, 35 F.R. 5659;
Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193; Ex. Ord.
No. 11746, Nov. 7, 1973, 38 F.R. 30991; Ex. Ord. No. 11921,
June 11, 1976, 41 F.R. 24294; Ex. Ord. No. 11953, Jan. 7,
1977, 42 F.R. 2492; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R.
4957; Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349; Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No.
12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12608,
Sept. 9, 1987, 52 F.R. 34617, which related to assignment
of emergency preparedness functions to Federal agencies and departments, was revoked by section 2901 of
Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out
below.
EXECUTIVE ORDER NO. 11522
Ex. Ord. No. 11522, Apr. 6, 1970, 35 F.R. 5659, which related to the assignment of emergency preparedness
functions to the United States Information Agency,
was superseded by Ex. Ord. No. 11921, June 11, 1976, 41
F.R. 24294.
EXECUTIVE ORDER NO. 11725
Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, as
amended by Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R.
34177; Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349,
which related to transfer of certain functions of the Office of Emergency Preparedness, was revoked by section 5–112 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R.
43243, set out below.
EXECUTIVE ORDER NO. 11746
Ex. Ord. No. 11746, Nov. 7, 1973, 38 F.R. 30991, which related to the assignment of emergency preparedness
functions to the Department of the Treasury, was superseded by Ex. Ord. No. 11921, June 11, 1976, 41 F.R.
24294.
EX. ORD. NO. 12148. FEDERAL EMERGENCY MANAGEMENT
Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as
amended by Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R.
53071; Ex. Ord. No. 12156, Sept. 10, 1979, 44 F.R. 53073; Ex.
Ord. No. 12381, Sept. 8, 1982, 47 F.R. 39795; Ex. Ord. No.
12673, Mar. 23, 1989, 54 F.R. 12571; Ex. Ord. No. 12919,
§ 904(a)(8), June 3, 1994, 59 F.R. 29533; Ex. Ord. No. 13286,
§ 52, Feb. 28, 2003, 68 F.R. 10628, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App. 2251 et seq.), the Disaster Relief Act of 1970, as amended (42 U.S.C. Chapter 58 note),
the Disaster Relief Act of 1974 (88 Stat. 143; 42 U.S.C.
5121 et seq.), the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701 et seq.), Section 4 of Public Law
92–385 (86 Stat. 556), Section 43 of the Act of August 10,
1956, as amended (50 U.S.C. App. 2285), the National Security Act of 1947, as amended [see Short Title note set
out under 50 U.S.C. 401], the Defense Production Act of
1950, as amended (50 U.S.C. App. 2061 et seq.), Reorganization Plan No. 1 of 1958 [set out above], Reorganization Plan No. 1 of 1973 [set out above], the Strategic
and Critical Materials Stock Piling Act, as amended (50
U.S.C. 98 et seq.), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31
U.S.C. 1531], and Section 301 of Title 3 of the United
States Code, and in order to transfer emergency functions to the Department of Homeland Security, it is
hereby ordered as follows:

§ 5195

SECTION 1. TRANSFERS OR REASSIGNMENTS
1–1. Transfer or Reassignment of Existing Functions.
1–101. All functions vested in the President that have
been delegated or assigned to the Defense Civil Preparedness Agency, Department of Defense, are transferred or reassigned to the Secretary of Homeland Security.
1–102. All functions vested in the President that have
been delegated or assigned to the Federal Disaster Assistance Administration, Department of Housing and
Urban Development, are transferred or reassigned to
the Secretary of Homeland Security, including any of
those functions redelegated or reassigned to the Department of Commerce with respect to assistance to
communities in the development of readiness plans for
severe weather-related emergencies.
1–103. All functions vested in the President that have
been delegated or assigned to the Federal Preparedness
Agency, General Services Administration, are transferred or reassigned to the Secretary of Homeland Security.
1–104. All functions vested in the President by the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), including those functions performed by
the Office of Science and Technology Policy, are delegated, transferred, or reassigned to the Secretary of
Homeland Security.
1–2. Transfer or Reassignment of Resources.
1–201. The records, property, personnel and positions,
and unexpended balances of appropriations, available
or to be made available, which relate to the functions
transferred, reassigned, or redelegated by this Order
are hereby transferred to the Secretary of Homeland
Security.
1–202. The Director of the Office of Management and
Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to
effectuate the transfers or reassignments provided by
this Order, including the transfer of funds, records,
property, and personnel.
SEC. 2. MANAGEMENT OF EMERGENCY PLANNING AND
ASSISTANCE
2–1. General.
2–101. The Secretary of Homeland Security shall establish Federal policies for, and coordinate, all civil defense and civil emergency planning, management, mitigation, and assistance functions of Executive agencies.
2–102. The Secretary of Homeland Security shall periodically review and evaluate the civil defense and civil
emergency functions of the Executive agencies. In
order to improve the efficiency and effectiveness of
those functions, the Secretary of Homeland Security
shall recommend to the President alternative methods
of providing Federal planning, management, mitigation, and assistance.
2–103. The Secretary of Homeland Security shall be
responsible for the coordination of efforts to promote
dam safety, for the coordination of natural and nuclear
disaster warning systems, and for the coordination of
preparedness and planning to reduce the consequences
of major terrorist incidents.
2–104. The Secretary of Homeland Security shall represent the President in working with State and local
governments and private sector to stimulate vigorous
participation in civil emergency preparedness, mitigation, response, and recovery programs.
2–105. The Secretary of Homeland Security shall provide an annual report to the President for subsequent
transmittal to the Congress on the functions of the Department of Homeland Security. The report shall assess
the current overall state of effectiveness of Federal
civil defense and civil emergency functions, organizations, resources, and systems and recommend measures
to be taken to improve planning, management, assistance, and relief by all levels of government, the private
sector, and volunteer organizations.
2–2. Implementation.
2–201. In executing the functions under this Order, the
Secretary of Homeland Security shall develop policies

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

which provide that all civil defense and civil emergency
functions, resources, and systems of Executive agencies
are:
(a) founded on the use of existing organizations, resources, and systems to the maximum extent practicable;
(b) integrated effectively with organizations, resources, and programs of State and local governments,
the private sector and volunteer organizations; and
(c) developed, tested and utilized to prepare for, mitigate, respond to and recover from the effects on the
population of all forms of emergencies.
2–202. Assignments of civil emergency functions shall,
whenever possible, be based on extensions (under emergency conditions) of the regular missions of the Executive agencies.
2–203. For purposes of this Order, ‘‘civil emergency’’
means any accidental, natural, man-caused, or wartime
emergency or threat thereof, which causes or may
cause substantial injury or harm to the population or
substantial damage to or loss of property.
2–204. In order that civil defense planning continues
to be fully compatible with the Nation’s overall strategic policy, and in order to maintain an effective link
between strategic nuclear planning and nuclear attack
preparedness planning, the development of civil defense
policies and programs by the Secretary of Homeland
Security shall be subject to oversight by the Secretary
of Defense and the National Security Council.
2–205. To the extent authorized by law and within
available resources, the Secretary of Defense shall provide the Secretary of Homeland Security with support
for civil defense programs in the areas of program development and administration, technical support, research, communications, transportation, intelligence,
and emergency operations.
2–206. All Executive agencies shall cooperate with and
assist the Secretary of Homeland Security in the performance of his functions.
2–3. Transition Provisions.
2–301. The functions which have been transferred, reassigned, or redelegated by Section 1 of this Order are
recodified and revised as set forth in this Order at Section 4, and as provided by the amendments made at
Section 5 to the provisions of other Orders.
2–302. Notwithstanding the revocations, revisions,
codifications, and amendments made by this Order, the
Secretary of Homeland Security may continue to perform the functions transferred to him by Section 1 of
this Order, except where they may otherwise be inconsistent with the provisions of this Order.
SEC. 3. FEDERAL EMERGENCY MANAGEMENT COUNCIL
[Revoked by Ex. Ord. No. 12919, § 904(a)(8), June 3,
1994, 59 F.R. 29533.]
SEC. 4. DELEGATIONS
4–1. Delegation of Functions Transferred to the President.
4–101. [Revoked by Ex. Ord. No. 12155, Sept. 10, 1979, 44
F.R. 53071.]
4–102. The functions vested in the Director of the Office of Defense Mobilization by Sections 103 and 303 of
the National Security Act of 1947, as amended by Sections 8 and 50 of the Act of September 3, 1954 (Public
Law 779; 68 Stat. 1228 and 1244) (50 U.S.C. 404 and 405),
were transferred to the President by Section 1(a) of Reorganization Plan No. 1 of 1958, as amended (50 U.S.C.
App. 2271 note) [now set out above], and they are hereby
delegated to the Secretary of Homeland Security.
4–103. (a) The functions vested in the Federal Civil
Defense Administration or its Administrator by the
Federal Civil Defense Act of 1950, as amended (50 U.S.C.
App. 2251 et seq.), were transferred to the President by
Reorganization Plan No. 1 of 1958, and they are hereby
delegated to the Secretary of Homeland Security.
(b) Excluded from the delegation in subsection (a) is
the function under Section 205(a)(4) of the Federal Civil
Defense Act of 1950, as amended (50 U.S.C. App.

Page 5474

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

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U.S.C. 485(f)) [now 40 U.S.C. 574(d)], are hereby delegated to the Secretary of Homeland Security.
4–207. The functions vested in the President by Section 502 of the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App. 2302), are delegated to the Secretary of Homeland Security.
SEC. 5. OTHER EXECUTIVE ORDERS
5–1. Revocations.
5–101. Executive Order No. 10242, as amended, entitled
‘‘Prescribing Regulations Governing the Exercise by
the Federal Civil Defense Administrator of Certain Administrative Authority Granted by the Federal Civil
Defense Act of 1950’’, is revoked.
5–102. Sections 1 and 2 of Executive Order No. 10296, as
amended, entitled ‘‘Providing for the Performance of
Certain Defense Housing and Community Facilities and
Service Functions’’, are revoked.
5–103. Executive Order No. 10494, as amended, relating
to the disposition of remaining functions, is revoked.
5–104. Executive Order No. 10529, as amended, relating
to federal employee participation in State and local
civil defense programs, is revoked.
5–105. Section 3 of Executive Order No. 10601, as
amended, which concerns the Commodity Set Aside, is
revoked.
5–106. Executive Order No. 10634, as amended, relating
to loans for facilities destroyed or damaged by a major
disaster, is revoked.
5–107. Section 4(d)(2) of Executive Order No. 10900, as
amended, which concerns foreign currencies made
available to make purchases for the supplemental
stockpile, is revoked.
5–108. Executive Order No. 10952, as amended, entitled
‘‘Assigning Civil Defense Responsibilities to the Secretary of Defense and Others’’, is revoked.
5–109. Executive Order No. 11051, as amended, relating
to responsibilities of the Office of Emergency Preparedness, is revoked.
5–110. Executive Order No. 11415, as amended, relating
to the Health Resources Advisory Committee, is revoked.
5–111. Executive Order No. 11795, as amended, entitled
‘‘Delegating Disaster Relief Functions Pursuant to the
Disaster Relief Act of 1974’’, is revoked, except for Section 3 thereof.
5–112. Executive Order No. 11725, as amended, entitled
‘‘Transfer of Certain Functions of the Office of Emergency Preparedness’’, is revoked.
5–113. Executive Order No. 11749, as amended, entitled
‘‘Consolidating Disaster Relief Functions Assigned to
the Secretary of Housing and Urban Development’’ is
revoked.
5–2. Amendments.
5–201. Executive Order No. 10421, as amended, relating
to physical security of defense facilities [formerly set
out as a note under 50 U.S.C. 404] is further amended by
(a) substituting the ‘‘Director of the Federal Emergency Management Agency’’ for ‘‘Director of the Office
of Emergency Planning’’ in Sections 1(a), 1(c), and 6(b);
and, (b) substituting ‘‘Federal Emergency Management
Agency’’ for ‘‘Office of Emergency Planning’’ in Sections 6(b) and 7(b).
5–202. Executive Order No. 10480, as amended [50
U.S.C. App. 2153 note], is further amended by (a) substituting ‘‘Director of the Federal Emergency Management Agency’’ for ‘‘Director of the Office of Emergency
Planning’’ in Sections 101(a), 101(b), 201(a), 201(b), 301,
304, 307, 308, 310(b), 311(b), 312, 313, 401(b), 401(e), and 605;
and, (b) substituting ‘‘Director of the Federal Emergency Management Agency’’ for ‘‘Administrator of
General Services’’ in Sections 305, 501, and 610.
5–203. Section 3(d) of Executive Order No. 10582, as
amended [41 U.S.C. 8303 note], which relates to determinations under the Buy American Act is amended by
deleting ‘‘Director of the Office of Emergency Planning’’ and substituting therefor ‘‘Director of the Federal Emergency Management Agency’’.
5–204. Paragraph 21 of Executive Order No. 10789, as
amended [50 U.S.C. 1431 note], is further amended by

§ 5195

adding ‘‘The Federal Emergency Management Agency’’
after ‘‘Government Printing Office’’.
5–205. Executive Order No. 11179, as amended, concerning the National Defense Executive Reserve [50
U.S.C. App. 2153 note], is further amended by deleting
‘‘Director of the Office of Emergency Planning’’ in Section 2 and substituting therefor ‘‘Director of the Federal Emergency Management Agency’’.
5–206. Section 7 of Executive Order No. 11912, as
amended, concerning energy policy and conservation
[42 U.S.C. 6201 note], is further amended by deleting
‘‘Administrator of General Services’’ and substituting
therefor ‘‘Director of the Federal Emergency Management Agency’’.
5–207. Section 2(d) of Executive Order No. 11988 entitled ‘‘Floodplain Management’’ [42 U.S.C. 4321 note] is
amended by deleting ‘‘Federal Insurance Administration’’ and substituting therefor ‘‘Director of the Federal Emergency Management Agency’’.
5–208. Section 5–3 of Executive Order No. 12046 of
March 29, 1978 [47 U.S.C. 305 note], is amended by deleting ‘‘General Services Administration’’ and substituting therefor ‘‘Federal Emergency Management Agency’’ and by deleting ‘‘Administrator of General Services’’ and substituting therefor ‘‘Director of the Federal Emergency Management Agency’’.
5–209. Section 1–201 of Executive Order No. 12065 [50
U.S.C. 435 note] is amended by adding ‘‘The Director of
the Federal Emergency Management Agency’’ after
‘‘The Administrator, National Aeronautics and Space
Administration’’ and by deleting ‘‘Director, Federal
Preparedness Agency and to the’’ from the parentheses
after ‘‘The Administrator of General Services’’.
5–210. Section 1–102 of Executive Order No. 12075 of
August 16, 1978 [42 U.S.C. 1450 note], is amended by adding in alphabetical order ‘‘(p) Federal Emergency Management Agency’’.
5–211. Section 1–102 of Executive Order No. 12083 of
September 27, 1978 [42 U.S.C. 7101 note] is amended by
adding in alphabetical order ‘‘(z) the Director of the
Federal Emergency Management Agency’’.
5–212. Section 9.11(b) of Civil Service Rule IX (5 CFR
Part 9) [former 5 U.S.C. 3301 note] is amended by deleting ‘‘the Defense Civil Preparedness Agency and’’.
5–213. [Revoked by Ex. Ord. No. 12381, Sept. 8, 1982, 47
F.R. 39795.]
5–214. Executive Order No. 11490, as amended [see note
above] is further amended as follows:
(a) Delete the last sentence of Section 102(a) and substitute therefor the following: ‘‘The activities undertaken by the departments and agencies pursuant to
this Order, except as provided in Section 3003, shall be
in accordance with guidance provided by, and subject
to, evaluation by the Director of the Federal Emergency Management Agency.’’.
(b) Delete Section 103 entitled ‘‘Presidential Assistance’’ and substitute the following new Section 103:
‘‘Sec. 103 General Coordination. The Director of the Federal Emergency Management Agency (FEMA) shall determine national preparedness goals and policies for
the performance of functions under this Order and coordinate the performance of such functions with the total
national preparedness programs.’’.
(c) Delete the portion of the first sentence of Section
401 prior to the colon and insert the following: ‘‘The
Secretary of Defense shall perform the following emergency preparedness functions’’.
(d) Delete ‘‘Director of the Federal Preparedness
Agency (GSA)’’ or ‘‘the Federal Preparedness Agency
(GSA)’’ and substitute therefor ‘‘Director, FEMA’’, in
Sections 401(3), 401(4), 401(5), 401(9), 401(10), 401(14),
401(15), 401(16), 401(19), 401(21), 401(22), 501(8), 601(2),
904(2), 1102(2), 1204(2), 1401(a), 1701, 1702, 2003, 2004,
2801(5), 3001, 3002(2), 3004, 3005, 3006, 3008, 3010, and 3013.
(e) The number assigned to this Order shall be substituted for ‘‘11051 of September 27, 1962’’ in Section
3001, and for ‘‘11051’’ in Sections 1802, 2002(3), 3002 and
3008(1).
(f) The number assigned to this Order shall be substituted for ‘‘10952’’ in Sections 1103, 1104, 1205, and 3002.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(g) Delete ‘‘Department of Defense’’ in Sections 502,
601(1), 804, 905, 1103, 1104, 1106(4), 1205, 2002(8), the first
sentence of Section 3002, and Sections 3008(1) and 3010
and substitute therefor ‘‘Director of the Federal Emergency Management Agency.’’.
SEC. 6.
This Order is effective July 15, 1979.
[Section 1–106 of Ex. Ord. No. 12155, which enacted
sections 4–205 and 4–206 of Ex. Ord. No. 12148, was revoked by Pub. L. 100–180, div. C, title II, § 3203(b), Dec.
4, 1987, 101 Stat. 1247.]
[Ex. Ord. No. 13286, § 52, which directed amendment of
Ex. Ord. No. 12148, set out above, by substituting ‘‘the
Secretary of Homeland Security’’ for ‘‘the Director of
the Federal Emergency Management Agency’’ wherever
appearing, was executed by substituting ‘‘Secretary of
Homeland Security’’ for ‘‘Director of the Federal Emergency Management Agency’’ wherever appearing, including after ‘‘The’’ in section 2–101, and for ‘‘Director’’
in sections 2–102 to 2–105, 2–201, 2–206, and 2–302.]
EX. ORD. NO. 12472. ASSIGNMENT OF NATIONAL SECURITY
AND EMERGENCY PREPAREDNESS TELECOMMUNICATIONS
FUNCTIONS
Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471, as
amended by Ex. Ord. No. 13286, § 46, Feb. 28, 2003, 68 F.R.
10627; Ex. Ord. No. 13407, § 5(a), June 26, 2006, 71 F.R.
36976, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Communications Act of 1934, as amended
(47 U.S.C. 151), the National Security Act of 1947, as
amended, the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061), the Federal Civil Defense Act
of 1950, as amended (50 U.S.C. App. 2251), the Disaster
Relief Act of 1974 (42 U.S.C. 5121), Section 5 of Reorganization Plan No. 1 of 1977 (3 C.F.R. 197, 1978 Comp.) [5
U.S.C. App.], and Section 203 of Reorganization Plan
No. 3 of 1978 (3 C.F.R. 389, 1978 Comp.) [5 U.S.C. App.],
and in order to provide for the consolidation of assignment and responsibility for improved execution of national security and emergency preparedness telecommunications functions, it is hereby ordered as follows:
SECTION 1. The National Communications System. (a)
There is hereby established the National Communications System (NCS). The NCS shall consist of the telecommunications assets of the entities represented on
the NCS Committee of Principals and an administrative structure consisting of the Executive Agent, the
NCS Committee of Principals and the Manager. The
NCS Committee of Principals shall consist of representatives from those Federal departments, agencies
or entities, designated by the President, which lease or
own telecommunications facilities or services of significance to national security or emergency preparedness, and, to the extent permitted by law, other Executive entities which bear policy, regulatory or enforcement responsibilities of importance to national security or emergency preparedness telecommunications
capabilities.
(b) The mission of the NCS shall be to assist the
President, the National Security Council, the Homeland Security Council, the Director of the Office of
Science and Technology Policy and the Director of the
Office of Management and Budget in:
(1) the exercise of the telecommunications functions
and responsibilities set forth in Section 2 of this Order;
and
(2) the coordination of the planning for and provision
of national security and emergency preparedness communications for the Federal government under all circumstances, including crisis or emergency, attack, recovery and reconstitution.
(c) The NCS shall seek to ensure that a national telecommunications infrastructure is developed which:
(1) Is responsive to the national security and emergency preparedness needs of the President and the Fed-

Page 5476

eral departments, agencies and other entities, including telecommunications in support of national security
leadership and continuity of government;
(2) Is capable of satisfying priority telecommunications requirements under all circumstances through
use of commercial, government and privately owned
telecommunications resources;
(3) Incorporates the necessary combination of hardness, redundancy, mobility, connectivity, interoperability, restorability and security to obtain, to the
maximum extent practicable, the survivability of national security and emergency preparedness telecommunications in all circumstances, including conditions of crisis or emergency; and
(4) Is consistent, to the maximum extent practicable,
with other national telecommunications policies.
(d) To assist in accomplishing its mission, the NCS
shall:
(1) serve as a focal point for joint industry-government national security and emergency preparedness
telecommunications planning; and
(2) establish a joint industry-government National
Coordinating Center which is capable of assisting in the
initiation, coordination, restoration and reconstitution
of national security or emergency preparedness telecommunications services or facilities under all conditions of crisis or emergency.
(e) The Secretary of Homeland Security is designated
as the Executive Agent for the NCS. The Executive
Agent shall:
(1) Designate the Manager of the NCS;
(2) Ensure that the NCS conducts unified planning
and operations, in order to coordinate the development
and maintenance of an effective and responsive capability for meeting the domestic and international national security and emergency preparedness telecommunications needs of the Federal government;
(3) Ensure that the activities of the NCS are conducted in conjunction with the emergency management
activities of the Department of Homeland Security;
(4) Recommend, in consultation with the NCS Committee of Principals, to the National Security Council,
the Homeland Security Council, the Director of the Office of Science and Technology Policy, or the Director
of the Office of Management and Budget, as appropriate:
a. The assignment of implementation or other responsibilities to NCS member entities;
b. New initiatives to assist in the exercise of the
functions specified in Section 2; and
c. Changes in the composition or structure of the
NCS;
(5) Oversee the activities of and provide personnel
and administrative support to the Manager of the NCS;
(6) Provide staff support and technical assistance to
the National Security Telecommunications Advisory
Committee established by Executive Order No. 12382, as
amended [47 U.S.C. 901 note]; and
(7) Perform such other duties as are from time to
time assigned by the President or his authorized designee.
(f) The NCS Committee of Principals shall:
(1) Serve as the forum in which each member of the
Committee may review, evaluate, and present views,
information and recommendations concerning ongoing
or prospective national security or emergency preparedness telecommunications programs or activities
of the NCS and the entities represented on the Committee;
(2) Serve as the forum in which each member of the
Committee shall report on and explain ongoing or prospective telecommunications plans and programs developed or designed to achieve national security or emergency preparedness telecommunications objectives;
(3) Provide comments or recommendations, as appropriate, to the National Security Council, the Homeland
Security Council, the Director of the Office of Science
and Technology Policy, the Director of the Office of
Management and Budget, the Executive Agent, or the
Manager of the NCS, regarding ongoing or prospective
activities of the NCS; and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(4) Perform such other duties as are from time to
time assigned by the President or his authorized designee.
(g) The Manager of the NCS shall:
(1) Develop for consideration by the NCS Committee
of Principals and the Executive Agent:
a. A recommended evolutionary telecommunications
architecture designed to meet current and future Federal government national security and emergency preparedness telecommunications requirements;
b. Plans and procedures for the management, allocation and use, including the establishment of priorities
or preferences, of Federally owned or leased telecommunications assets under all conditions of crisis or
emergency;
c. Plans, procedures and standards for minimizing or
removing technical impediments to the interoperability of government-owned and/or commercially-provided telecommunications systems;
d. Test and exercise programs and procedures for the
evaluation of the capability of the Nation’s telecommunications resources to meet national security or
emergency preparedness telecommunications requirements; and
e. Alternative mechanisms for funding, through the
budget review process, national security or emergency
preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities. Those mechanisms recommended by the NCS
Committee of Principals and the Executive Agent shall
be submitted to the Director of the Office of Management and Budget.
(2) Implement and administer any approved plans or
programs as assigned, including any system of priorities and preferences for the provision of communications service, in consultation with the NCS Committee
of Principals and the Federal Communications Commission, to the extent practicable or otherwise required
by law or regulation;
(3) Chair the NCS Committee of Principals and provide staff support and technical assistance thereto;
(4) Serve as a focal point for joint industry-government planning, including the dissemination of technical information, concerning the national security or
emergency preparedness telecommunications requirements of the Federal government;
(5) Conduct technical studies or analyses, and examine research and development programs, for the purpose of identifying, for consideration by the NCS Committee of Principals and the Executive Agent, improved approaches which may assist Federal entities in
fulfilling national security or emergency preparedness
telecommunications objectives;
(6) Pursuant to the Federal Standardization Program
of the General Services Administration, and in consultation with other appropriate entities of the Federal
government including the NCS Committee of Principals, manage the Federal Telecommunications Standards Program, ensuring wherever feasible that existing
or evolving industry, national, and international standards are used as the basis for Federal telecommunications standards; and
(7) Provide such reports and perform such other duties as are from time to time assigned by the President
or his authorized designee, the Executive Agent, or the
NCS Committee of Principals. Any such assignments of
responsibility to, or reports made by, the Manager
shall be transmitted through the Executive Agent.
SEC. 2. Executive Office Responsibilities. (a) Wartime
Emergency Functions. (1) The National Security Council
shall provide policy direction for the exercise of the
war power functions of the President under Section 606
of the Communications Act of 1934, as amended (47
U.S.C. 606), should the President issue implementing instructions in accordance with the National Emergencies Act (50 U.S.C. 1601).
(2) The Director of the Office of Science and Technology Policy shall direct the exercise of the war power
functions of the President under Section 606(a), (c)–(e),
of the Communications Act of 1934, as amended (47

§ 5195

U.S.C. 606), should the President issue implementing instructions in accordance with the National Emergencies Act (50 U.S.C. 1601).
(b) Non-Wartime Emergency Functions. (1) The National
Security Council, in consultation with the Homeland
Security Council, shall:
a. Advise and assist the President in coordinating the
development of policy, plans, programs and standards
within the Federal government for the identification,
allocation, and use of the Nation’s telecommunications
resources by the Federal government, and by State and
local governments, private industry and volunteer organizations upon request, to the extent practicable and
otherwise consistent with law, during those crises or
emergencies in which the exercise of the President’s
war power functions is not required or permitted by
law; and
b. Provide policy direction for the exercise of the
President’s non-wartime emergency telecommunications functions, should the President so instruct.
(2) The Director of the Office of Science and Technology Policy shall provide information, advice, guidance and assistance, as appropriate, to the President
and to those Federal departments and agencies with responsibilities for the provision, management, or allocation of telecommunications resources, during those crises or emergencies in which the exercise of the President’s war power functions is not required or permitted
by law;
(3) The Director of the Office of Science and Technology Policy shall establish a Joint Telecommunications Resources Board (JTRB) to assist him in the exercise of the functions specified in this subsection. The
Director of the Office of Science and Technology Policy
shall serve as chairman of the JTRB; select those Federal departments, agencies, or entities which shall be
members of the JTRB; and specify the functions it
shall perform.
(c) Planning and Oversight Responsibilities. (1) The National Security Council shall advise and assist the
President in:
a. Coordinating the development of policy, plans, programs and standards for the mobilization and use of the
Nation’s commercial, government, and privately owned
telecommunications resources, in order to meet national security or emergency preparedness requirements;
b. Providing policy oversight and direction of the activities of the NCS; and
c. Providing policy oversight and guidance for the
execution of the responsibilities assigned to the Federal departments and agencies by this Order.
(2) The Director of the Office of Science and Technology Policy shall make recommendations to the
President with respect to the test, exercise and evaluation of the capability of existing and planned communications systems, networks or facilities to meet national security or emergency preparedness requirements and report the results of any such tests or evaluations and any recommended remedial actions to the
President and to the National Security Council;
(3) The Director of the Office of Science and Technology Policy or his designee shall advise and assist
the President in the administration of a system of
radio spectrum priorities for those spectrum dependent
telecommunications resources of the Federal government which support national security or emergency
preparedness functions. The Director also shall certify
or approve priorities for radio spectrum use by the Federal government, including the resolution of any conflicts in or among priorities, under all conditions of crisis or emergency; and
(4) The National Security Council, the Homeland Security Council, the Director of the Office of Science
and Technology Policy and the Director of the Office of
Management and Budget shall, in consultation with the
Executive Agent for the NCS and the NCS Committee
of Principals, determine what constitutes national security and emergency preparedness telecommunications requirements.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(d) Consultation with Federal Departments and Agencies.
In performing the functions assigned under this Order,
the National Security Council, the Homeland Security
Council, and the Director of the Office of Science and
Technology Policy, in consultation with each other,
shall:
(1) Consult, as appropriate, with the Director of the
Office of Management and Budget; the Secretary of
Homeland Security with respect to the emergency
management responsibilities assigned pursuant to Executive Order No. 12148, as amended [set out above]; the
Secretary of Commerce, with respect to responsibilities
assigned pursuant to Executive Order No. 12046 [47
U.S.C. 305 note]; the Secretary of Defense, with respect
to communications security responsibilities assigned
pursuant to Executive Order No. 12333 [50 U.S.C. 401
note]; and the Chairman of the Federal Communications Commission or his authorized designee; and
(2) Establish arrangements for consultation among
all interested Federal departments, agencies or entities
to ensure that the national security and emergency
preparedness communications needs of all Federal government entities are identified; that mechanisms to address such needs are incorporated into pertinent plans
and procedures; and that such needs are met in a manner consistent, to the maximum extent practicable,
with other national telecommunications policies.
(e) Budgetary Guidelines. The Director of the Office of
Management and Budget, in consultation with the National Security Council, the Homeland Security Council, and the NCS, will prescribe general guidelines and
procedures for reviewing the financing of the NCS within the budgetary process and for preparation of budget
estimates by participating agencies. These guidelines
and procedures may provide for mechanisms for funding, through the budget review process, national security and emergency preparedness telecommunications
initiatives which benefit multiple Federal departments,
agencies, or entities.
SEC. 3. Assignment of Responsibilities to Other Departments and Agencies. In order to support and enhance the
capability to satisfy the national security and emergency preparedness telecommunications needs of the
Federal government, State and local governments, private industry and volunteer organizations, under all
circumstances including those of crisis or emergency,
the Federal departments and agencies shall perform
the following functions:
(a) Department of Commerce. The Secretary of Commerce shall, for all conditions of crisis or emergency:
(1) Develop plans and procedures concerning radio spectrum assignments, priorities and allocations for use by
Federal departments, agencies and entities; and
(2) Develop, maintain and publish policy, plans, and
procedures for the control and allocation of frequency
assignments, including the authority to amend, modify
or revoke such assignments, in those parts of the electromagnetic spectrum assigned to the Federal government.
(b) Department of Homeland Security. The Secretary of
Homeland Security shall:
(1) Plan for and provide, operate and maintain telecommunications services and facilities, as part of its
National Emergency Management System, adequate to
support its assigned emergency management responsibilities;
(2) Advise and assist State and local governments and
volunteer organizations, upon request and to the extent
consistent with law, in developing plans and procedures
for identifying and satisfying their national security or
emergency preparedness telecommunications requirements;
(3) Ensure, to the maximum extent practicable, that
national security and emergency preparedness telecommunications planning by State and local governments and volunteer organizations is mutually supportive and consistent with the planning of the Federal
government; and
(4) Develop, upon request and to the extent consistent
with law and in consonance with regulations promul-

Page 5478

gated by and agreements with the Federal Communications Commission, plans and capabilities for, and provide policy and management oversight of, the Emergency Alert System, and advise and assist private radio
licensees of the Commission in developing emergency
communications plans, procedures and capabilities.
(c) Department of State. The Secretary of State, in accordance with assigned responsibilities within the Diplomatic Telecommunications System, shall plan for
and provide, operate and maintain rapid, reliable and
secure telecommunications services to those Federal
entities represented at United States diplomatic missions and consular offices overseas. This responsibility
shall include the provision and operation of domestic
telecommunications in support of assigned national security or emergency preparedness responsibilities.
(d) Department of Defense. In addition to the other responsibilities assigned by this Order, the Secretary of
Defense shall:
(1) Plan for and provide, operate and maintain telecommunications services and facilities adequate to
support the National Command Authorities and to execute the responsibilities assigned by Executive Order
No. 12333 [50 U.S.C. 401 note]; and
(2) Ensure that the Director of the National Security
Agency provides the technical support necessary to develop and maintain plans adequate to provide for the
security and protection of national security and emergency preparedness telecommunications.
(3) Nothing in this order shall be construed to impair
or otherwise affect the authority of the Secretary of
Defense with respect to the Department of Defense, including the chain of command for the armed forces of
the United States under section 162(b) of title 10,
United States Code, and the authority of the Secretary
of Defense with respect to the Department of Defense
under section 113(b) of that title.
(e) Department of Justice. The Attorney General shall,
as necessary, review for legal sufficiency, including
consistency with the antitrust laws, all policies, plans
or procedures developed pursuant to responsibilities assigned by this Order.
(f) Central Intelligence Agency. The Director of Central
Intelligence shall plan for and provide, operate, and
maintain telecommunications services adequate to support its assigned responsibilities, including the dissemination of intelligence within the Federal government.
(g) General Services Administration. Except as otherwise assigned by this Order, the Administrator of General Services, consistent with policy guidance provided
by the Director of the Office of Management and Budget, shall ensure that Federally owned or managed domestic communications facilities and services meet the
national security and emergency preparedness requirements of the Federal civilian departments, agencies
and entities.
(h) Federal Communications Commission. The Federal
Communications Commission shall, consistent with
Section 4(c) of this Order:
(1) Review the policies, plans and procedures of all
entities licensed or regulated by the Commission that
are developed to provide national security or emergency preparedness communications services, in order
to ensure that such policies, plans and procedures are
consistent with the public interest, convenience and
necessity;
(2) Perform such functions as required by law with respect to all entities licensed or regulated by the Commission, including (but not limited to) the extension,
discontinuance or reduction of common carrier facilities or services; the control of common carrier rates,
charges, practices and classifications; the construction,
authorization, activation, deactivation or closing of
radio stations, services and facilities; the assignment
of radio frequencies to Commission licensees; the investigation of violations of pertinent law and regulation;
and the initiation of appropriate enforcement actions;
(3) Develop policy, plans and procedures adequate to
execute the responsibilities assigned in this Order
under all conditions or crisis or emergency; and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(4) Consult as appropriate with the Executive Agent
for the NCS and the NCS Committee of Principals to
ensure continued coordination of their respective national security and emergency preparedness activities.
(i) All Federal departments and agencies, to the extent consistent with law (including those authorities
and responsibilities set forth in Section 4(c) of this
Order), shall:
(1) Determine their national security and emergency
preparedness telecommunications requirements, and
provide information regarding such requirements to
the Manager of the NCS;
(2) Prepare policies, plans and procedures concerning
telecommunications facilities, services or equipment
under their management or operational control to
maximize their capability of responding to the national
security or emergency preparedness needs of the Federal government;
(3) Provide, after consultation with the Director of
the Office of Management and Budget, resources to support their respective requirements for national security and emergency preparedness telecommunications;
and provide personnel and staff support to the Manager
of the NCS as required by the President;
(4) Make information available to, and consult with,
the Manager of the NCS regarding agency telecommunications activities in support of national security or emergency preparedness;
(5) Consult, consistent with the provisions of Executive Order No. 12046, as amended [47 U.S.C. 305 note],
and in conjunction with the Manager of the NCS, with
the Federal Communications Commission regarding
execution of responsibilities assigned by this Order;
(6) Submit reports annually, or as otherwise requested, to the Manager of the NCS, regarding agency
national security or emergency preparedness telecommunications activities; and
(7) Cooperate with and assist the Executive Agent for
the NCS, the NCS Committee of Principals, the Manager of the NCS, and other departments and agencies in
the execution of the functions set forth in this Order,
furnishing them such information, support and assistance as may be required.
(j) Each Federal department or agency shall execute
the responsibilities assigned by this Order in conjunction with the emergency management activities of the
Department of Homeland Security, and in regular consultation with the Executive Agent for the NCS and the
NCS Committee of Principals to ensure continued coordination of NCS and individual agency telecommunications activities.
SEC. 4. General Provisions. (a) All Executive departments and agencies may issue such rules and regulations as may be necessary to carry out the functions
assigned under this Order.
(b) In order to reflect the assignments of responsibility provided by this Order,
(1) Sections 2–414, 4–102, 4–103, 4–202, 4–302, 5–3, and
6–101 of Executive Order No. 12046, as amended [47
U.S.C. 305], are revoked;
(2) The Presidential Memorandum of August 21, 1963,
as amended, entitled ‘‘Establishment of the National
Communications System’’, is hereby superseded; and
(3) Section 2–411 of Executive Order No. 12046, as
amended [47 U.S.C. 305], is further amended by deleting
the period and inserting ‘‘, except as otherwise provided by Executive Order No.’’ and inserting the number assigned to this Order.
(c) Nothing in this Order shall be deemed to affect the
authorities or responsibilities of the Director of the Office of Management and Budget, or any Office or official thereof; or reassign any function assigned any
agency under the Federal Property and Administrative
Services Act of 1949, as amended; or under any other
law; or any function vested by law in the Federal Communications Commission.
SEC. 5. This Order shall be effective upon publication
in the Federal Register.

§ 5195

EX. ORD. NO. 12656. ASSIGNMENT OF EMERGENCY
PREPAREDNESS RESPONSIBILITIES
Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, as
amended by Ex. Ord. No. 13074, Feb. 9, 1998, 63 F.R. 7277;
Ex. Ord. No. 13228, § 9, Oct. 8, 2001, 66 F.R. 51816; Ex. Ord.
No. 13286, § 42, Feb. 28, 2003, 68 F.R. 10626, provided:
WHEREAS our national security is dependent upon
our ability to assure continuity of government, at
every level, in any national security emergency situation that might confront the Nation; and
WHEREAS effective national preparedness planning
to meet such an emergency, including a massive nuclear attack, is essential to our national survival; and
WHEREAS effective national preparedness planning
requires the identification of functions that would have
to be performed during such an emergency, the assignment of responsibility for developing plans for performing these functions, and the assignment of responsibility for developing the capability to implement those
plans; and
WHEREAS the Congress has directed the development of such national security emergency preparedness
plans and has provided funds for the accomplishment
thereof;
NOW, THEREFORE, by virtue of the authority vested
in me as President by the Constitution and laws of the
United States of America, and pursuant to Reorganization Plan No. 1 of 1958 (72 Stat. 1799) [set out above], the
National Security Act of 1947, as amended [50 U.S.C. 401
et seq.], the Defense Production Act of 1950, as amended
[see 50 U.S.C. App. 2061], and the Federal Civil Defense
Act, as amended, it is hereby ordered that the responsibilities of the Federal departments and agencies in
national security emergencies shall be as follows:
PART 1—PREAMBLE
SECTION 101. National Security Emergency Preparedness
Policy.
(a) The policy of the United States is to have sufficient capabilities at all levels of government to meet
essential defense and civilian needs during any national security emergency. A national security emergency is any occurrence, including natural disaster,
military attack, technological emergency, or other
emergency, that seriously degrades or seriously threatens the national security of the United States. Policy
for national security emergency preparedness shall be
established by the President. Pursuant to the President’s direction, the National Security Council shall be
responsible for developing and administering such policy, except that the Homeland Security Council shall
be responsible for administering such policy with respect to terrorist threats and attacks within the United
States. All national security emergency preparedness
activities shall be consistent with the Constitution and
laws of the United States and with preservation of the
constitutional government of the United States.
(b) Effective national security emergency preparedness planning requires: identification of functions that
would have to be performed during such an emergency;
development of plans for performing these functions;
and development of the capability to execute those
plans.
SEC. 102. Purpose.
(a) The purpose of this Order is to assign national security emergency preparedness responsibilities to Federal departments and agencies. These assignments are
based, whenever possible, on extensions of the regular
missions of the departments and agencies.
(b) This Order does not constitute authority to implement the plans prepared pursuant to this Order. Plans
so developed may be executed only in the event that
authority for such execution is authorized by law.
SEC. 103. Scope.
(a) This Order addresses national security emergency
preparedness functions and activities. As used in this
Order, preparedness functions and activities include, as
appropriate, policies, plans, procedures, and readiness
measures that enhance the ability of the United States

§ 5195

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Government to mobilize for, respond to, and recover
from a national security emergency.
(b) This Order does not apply to those natural disasters, technological emergencies, or other emergencies,
the alleviation of which is normally the responsibility
of individuals, the private sector, volunteer organizations, State and local governments, and Federal departments and agencies unless such situations also constitute a national security emergency.
(c) This Order does not require the provision of information concerning, or evaluation of, military policies,
plans, programs, or states of military readiness.
(d) This Order does not apply to national security
emergency preparedness telecommunications functions
and responsibilities that are otherwise assigned by Executive Order 12472 [set out above].
SEC. 104. Management of National Security Emergency
Preparedness.
(a) The National Security Council is the principal
forum for consideration of national security emergency
preparedness policy, except that the Homeland Security Council is the principal forum for consideration of
policy relating to terrorist threats and attacks within
the United States.
(b) The National Security Council and the Homeland
Security Council shall arrange for Executive branch liaison with, and assistance to, the Congress and the
Federal judiciary on national security-emergency preparedness matters.
(c) The Secretary of Homeland Security shall serve as
an advisor to the National Security Council and the
Homeland Security Council on issues of national security emergency preparedness, including mobilization
preparedness, civil defense, continuity of government,
technological disasters, and other issues, as appropriate. Pursuant to such procedures for the organization and management of the National Security Council
and Homeland Security Council processes as the President may establish, the Secretary of Homeland Security also shall assist in the implementation of and
management of those processes as the President may
establish. The Secretary of Homeland Security also
shall assist in the implementation of national security
emergency preparedness policy by coordinating with
the other Federal departments and agencies and with
State and local governments, and by providing periodic
reports to the National Security Council and the Homeland Security Council on implementation of national
security emergency preparedness policy.
(d) National security emergency preparedness functions that are shared by more than one agency shall be
coordinated by the head of the Federal department or
agency having primary responsibility and shall be supported by the heads of other departments and agencies
having related responsibilities.
(e) There shall be a national security emergency exercise program that shall be supported by the heads of
all appropriate Federal departments and agencies.
(f) Plans and procedures will be designed and developed to provide maximum flexibility to the President
for his implementation of emergency actions.
SEC. 105. Interagency Coordination.
(a) All appropriate Cabinet members and agency
heads shall be consulted regarding national security
emergency preparedness programs and policy issues.
Each department and agency shall support interagency
coordination to improve preparedness and response to a
national security emergency and shall develop and
maintain decentralized capabilities wherever feasible
and appropriate.
(b) Each Federal department and agency shall work
within the framework established by, and cooperate
with those organizations assigned responsibility in, Executive Order No. 12472 [set out above], to ensure adequate national security emergency preparedness telecommunications in support of the functions and activities addressed by this Order.
PART 2—GENERAL PROVISIONS
SEC. 201. General. The head of each Federal department and agency, as appropriate, shall:

Page 5480

(1) Be prepared to respond adequately to all national
security emergencies, including those that are international in scope, and those that may occur within any
region of the Nation;
(2) Consider national security emergency preparedness factors in the conduct of his or her regular functions, particularly those functions essential in time of
emergency. Emergency plans and programs, and an appropriate state of readiness, including organizational
infrastructure, shall be developed as an integral part of
the continuing activities of each Federal department
and agency;
(3) Appoint a senior policy official as Emergency Coordinator, responsible for developing and maintaining a
multi-year, national security emergency preparedness
plan for the department or agency to include objectives, programs, and budgetary requirements;
(4) Design preparedness measures to permit a rapid
and effective transition from routine to emergency operations, and to make effective use of the period following initial indication of a probable national security
emergency. This will include:
(a) Development of a system of emergency actions
that defines alternatives, processes, and issues to be
considered during various stages of national security
emergencies;
(b) Identification of actions that could be taken in
the early stages of a national security emergency or
pending national security emergency to mitigate the
impact of or reduce significantly the lead times associated with full emergency action implementation;
(5) Base national security emergency preparedness
measures on the use of existing authorities, organizations, resources, and systems to the maximum extent
practicable;
(6) Identify areas where additional legal authorities
may be needed to assist management and, consistent
with applicable Executive orders, take appropriate
measures toward acquiring those authorities;
(7) Make policy recommendations to the National Security Council and the Homeland Security Council regarding national security emergency preparedness activities and functions of the Federal Government;
(8) Coordinate with State and local government agencies and other organizations, including private sector
organizations, when appropriate. Federal plans should
include appropriate involvement of and reliance upon
private sector organizations in the response to national
security emergencies;
(9) Assist State, local, and private sector entities in
developing plans for mitigating the effects of national
security emergencies and for providing services that
are essential to a national response;
(10) Cooperate, to the extent appropriate, in compiling, evaluating, and exchanging relevant data related
to all aspects of national security emergency preparedness;
(11) Develop programs regarding congressional relations and public information that could be used during
national security emergencies;
(12) Ensure a capability to provide, during a national
security emergency, information concerning Acts of
Congress, presidential proclamations, Executive orders,
regulations, and notices of other actions to the Archivist of the United States, for publication in the Federal
Register, or to each agency designated to maintain the
Federal Register in an emergency;
(13) Develop and conduct training and education programs that incorporate emergency preparedness and
civil defense information necessary to ensure an effective national response;
(14) Ensure that plans consider the consequences for
essential services provided by State and local governments, and by the private sector, if the flow of Federal
funds is disrupted;
(15) Consult and coordinate with the Secretary of
Homeland Security to ensure that those activities and
plans are consistent with current Presidential guidelines and policies.
SEC. 202. Continuity of Government. The head of each
Federal department and agency shall ensure the con-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

tinuity of essential functions in any national security
emergency by providing for: succession to office and
emergency delegation of authority in accordance with
applicable law; safekeeping of essential resources, facilities, and records; and establishment of emergency
operating capabilities.
SEC. 203. Resource Management. The head of each Federal department and agency, as appropriate within assigned areas of responsibility, shall:
(1) Develop plans and programs to mobilize personnel
(including reservist programs), equipment, facilities,
and other resources;
(2) Assess essential emergency requirements and plan
for the possible use of alternative resources to meet essential demands during and following national security
emergencies;
(3) Prepare plans and procedures to share between
and among the responsible agencies resources such as
energy, equipment, food, land, materials, minerals,
services, supplies, transportation, water, and workforce
needed to carry out assigned responsibilities and other
essential functions, and cooperate with other agencies
in developing programs to ensure availability of such
resources in a national security emergency;
(4) Develop plans to set priorities and allocate resources among civilian and military claimants;
(5) identify occupations and skills for which there
may be a critical need in the event of a national security emergency.
SEC. 204. Protection of Essential Resources and Facilities.
The head of each Federal department and agency, within assigned areas of responsibility, shall:
(1) Identify facilities and resources, both government
and private, essential to the national defense and national welfare, and assess their vulnerabilities and develop strategies, plans, and programs to provide for the
security of such facilities and resources, and to avoid
or minimize disruptions of essential services during
any national security emergency;
(2) Participate in interagency activities to assess the
relative importance of various facilities and resources
to essential military and civilian needs and to integrate preparedness and response strategies and procedures;
(3) Maintain a capability to assess promptly the effect of attack and other disruptions during national security emergencies.
SEC. 205. Federal Benefit, Insurance, and Loan Programs. The head of each Federal department and agency
that administers a loan, insurance, or benefit program
that relies upon the Federal Government payment system shall coordinate with the Secretary of the Treasury in developing plans for the continuation or restoration, to the extent feasible, of such programs in national security emergencies.
SEC. 206. Research. The Director of the Office of
Science and Technology Policy and the heads of Federal departments and agencies having significant research and development programs shall advise the National Security Council and the Homeland Security
Council of scientific and technological developments
that should be considered in national security emergency preparedness planning.
SEC. 207. Redelegation. The head of each Federal department and agency is hereby authorized, to the extent otherwise permitted by law, to redelegate the
functions assigned by this Order, and to authorize successive redelegations to organizations, officers, or employees within that department or agency.
SEC. 208. Transfer of Functions. Recommendations for
interagency transfer of any emergency preparedness
function assigned under this Order or for assignment of
any new emergency preparedness function shall be
coordinated with all affected Federal departments and
agencies before submission to the National Security
Council or the Homeland Security Council.
SEC. 209. Retention of Existing Authority. Nothing in
this Order shall be deemed to derogate from assignments of functions to any Federal department or agency or officer thereof made by law.

§ 5195

PART 3—DEPARTMENT OF AGRICULTURE
SEC. 301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Agriculture shall:
(1) Develop plans to provide for the continuation of
agriculture production, food processing, storage, and
distribution through the wholesale level in national security emergencies, and to provide for the domestic
distribution of seed, feed, fertilizer, and farm equipment to agricultural producers;
(2) Develop plans to provide food and agricultural
products to meet international responsibilities in national security emergencies;
(3) Develop plans and procedures for administration
and use of Commodity Credit Corporation inventories
of food and fiber resources in national security emergencies;
(4) Develop plans for the use of resources under the
jurisdiction of the Secretary of Agriculture and, in cooperation with the Secretaries of Commerce, Defense,
and the Interior, the Board of Directors of the Tennessee Valley Authority, and the heads of other government entities, plan for the national security emergency
management, production, and processing of forest products;
(5) Develop, in coordination with the Secretary of Defense, plans and programs for water to be used in agricultural production and food processing in national security emergencies;
(6) In cooperation with Federal, State, and local
agencies, develop plans for a national program relating
to the prevention and control of fires in rural areas of
the United States caused by the effects of enemy attack or other national security emergencies;
(7) Develop plans to help provide the Nation’s farmers
with production resources, including national security
emergency financing capabilities;
(8) Develop plans, in consonance with those of the Department of Health and Human Services, the Department of the Interior, and the Environmental Protection Agency, for national security emergency agricultural health services and forestry, including:
(a) Diagnosis and control or eradication of diseases,
pests, or hazardous agents (biological, chemical, or radiological) against animals, crops, timber, or products
thereof;
(b) Protection, treatment, and handling of livestock
and poultry, or products thereof, that have been exposed to or affected by hazardous agents;
(c) Use and handling of crops, agricultural commodities, timber, and agricultural lands that have been exposed to or affected by hazardous agents; and
(d) Assuring the safety and wholesomeness, and minimizing losses from hazards, of animals and animal
products and agricultural commodities and products
subject to continuous inspection by the Department of
Agriculture or owned by the Commodity Credit Corporation or by the Department of Agriculture;
(9) In consultation with the Secretary of State and
the Secretary of Homeland Security, represent the
United States in agriculture-related international civil
emergency preparedness planning and related activities.
SEC. 302. Support Responsibility. The Secretary of Agriculture shall assist the Secretary of Defense in formulating and carrying out plans for stockpiling strategic
and critical agricultural materials.
PART 4—DEPARTMENT OF COMMERCE
SEC. 401. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Commerce shall:
(1) Develop control systems for priorities, allocation,
production, and distribution of materials and other resources that will be available to support both national
defense and essential civilian programs in a national
security emergency;
(2) In cooperation with the Secretary of Defense and
other departments and agencies, identify those indus-

§ 5195

TITLE 42—THE PUBLIC HEALTH AND WELFARE

trial products and facilities that are essential to mobilization readiness, national defense, or post-attack survival and recovery;
(3) In cooperation with the Secretary of Defense and
other Federal departments and agencies, analyze potential effects of national security emergencies on actual production capability, taking into account the entire production complex, including shortages of resources, and develop preparedness measures to
strengthen capabilities for production increases in national security emergencies;
(4) In cooperation with the Secretary of Defense, perform industry analyses to assess capabilities of the
commercial industrial base to support the national defense, and develop policy alternatives to improve the
international competitiveness of specific domestic industries and their abilities to meet defense program
needs;
(5) In cooperation with the Secretary of the Treasury,
develop plans for providing emergency assistance to
the private sector through direct or participation loans
for the financing of production facilities and equipment;
(6) In cooperation with the Secretaries of State, Defense, Transportation, and the Treasury, prepare plans
to regulate and control exports and imports in national
security emergencies;
(7) Provide for the collection and reporting of census
information on human and economic resources, and
maintain a capability to conduct emergency surveys to
provide information on the status of these resources as
required for national security purposes;
(8) Develop overall plans and programs to ensure that
the fishing industry continues to produce and process
essential protein in national security emergencies;
(9) Develop plans to provide meteorological, hydrologic, marine weather, geodetic, hydrographic, climatic, seismic, and oceanographic data and services to
Federal, State, and local agencies, as appropriate;
(10) In coordination with the Secretary of State and
the Secretary of Homeland Security, represent the
United States in industry-related international (NATO
and allied) civil emergency preparedness planning and
related activities.
SEC. 402. Support Responsibilities. The Secretary of
Commerce shall:
(1) Assist the Secretary of Defense in formulating and
carrying out plans for stockpiling strategic and critical
materials;
(2) Support the Secretary of Agriculture in planning
for the national security management, production, and
processing of forest and fishery products;
(3) Assist, in consultation with the Secretaries of
State and Defense, the Secretary of the Treasury in the
formulation and execution of economic measures affecting other nations.
PART 5—DEPARTMENT OF DEFENSE
SEC. 501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Defense shall:
(1) Ensure military preparedness and readiness to respond to national security emergencies;
(2) In coordination with the Secretary of Commerce,
develop, with industry, government, and the private
sector, reliable capabilities for the rapid increase of defense production to include industrial resources required for that production;
(3) Develop and maintain, in cooperation with the
heads of other departments and agencies, national security emergency plans, programs, and mechanisms to
ensure effective mutual support between and among
the military, civil government, and the private sector;
(4) Develop and maintain damage assessment capabilities and assist the Secretary of Homeland Security
and the heads of other departments and agencies in developing and maintaining capabilities to assess attack
damage and to estimate the effects of potential attack
on the Nation;
(5) Arrange, through agreements with the heads of
other Federal departments and agencies, for the trans-

Page 5482

fer of certain Federal resources to the jurisdiction and/
or operational control of the Department of Defense in
national security emergencies;
(6) Acting through the Secretary of the Army, develop, with the concurrence of the heads of all affected
departments and agencies, overall plans for the management, control, and allocation of all usable waters
from all sources within the jurisdiction of the United
States. This includes:
(a) Coordination of national security emergency
water resource planning at the national, regional,
State, and local levels;
(b) Development of plans to assure emergency provision of water from public works projects under the jurisdiction of the Secretary of the Army to public water
supply utilities and critical defense production facilities during national security emergencies;
(c) Development of plans to assure emergency operation of waterways and harbors; and
(d) Development of plans to assure the provision of
potable water;
(7) In consultation with the Secretaries of State and
Energy, the Secretary of Homeland Security, and others, as required, develop plans and capabilities for identifying, analyzing, mitigating, and responding to hazards related to nuclear weapons, materials, and devices;
and maintain liaison, as appropriate, with the Secretary of Energy and the Members of the Nuclear Regulatory Commission to ensure the continuity of nuclear
weapons production and the appropriate allocation of
scarce resources, including the recapture of special nuclear materials from Nuclear Regulatory Commission
licensees when appropriate;
(8) Coordinate with the Administrator of the National
Aeronautics and Space Adminstration [sic] and the
Secretary of Energy, as appropriate, to prepare for the
use, maintenance, and development of technologically
advanced aerospace and aeronautical-related systems,
equipment, and methodologies applicable to national
security emergencies;
(9) Develop, in coordination with the Secretaries of
Labor and Homeland Security, the Directors of the Selective Service System, the Office of Personnel Management, and the Federal Emergency Management
Agency, plans and systems to ensure that the Nation’s
human resources are available to meet essential military and civilian needs in national security emergencies;
(10) Develop national security emergency operational
procedures, and coordinate with the Secretary of Housing and Urban Development with respect to residential
property, for the control, acquisition, leasing, assignment and priority of occupancy of real property within
the jurisdiction of the Department of Defense;
(11) Review the priorities and allocations systems developed by other departments and agencies to ensure
that they meet Department of Defense needs in a national security emergency; and develop and maintain
the Department of Defense programs necessary for effective utilization of all priorities and allocations systems;
(12) Develop, in coordination with the Attorney General of the United States, specific procedures by which
military assistance to civilian law enforcement authorities may be requested, considered, and provided;
(13) In cooperation with the Secretary of Commerce
and other departments and agencies, identify those industrial products and facilities that are essential to
mobilization readiness, national defense, or post-attack
survival and recovery;
(14) In cooperation with the Secretary of Commerce
and other Federal departments and agencies, analyze
potential effects of national security emergencies on
actual production capability, taking into account the
entire production complex, including shortages of resources, and develop preparedness measures to
strengthen capabilities for production increases in national security emergencies;
(15) With the assistance of the heads of other Federal
departments and agencies, provide management direc-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

tion for the stockpiling of strategic and critical materials, conduct storage, maintenance, and quality assurance operations for the stockpile of strategic and critical materials, and formulate plans, programs, and reports relating to the stockpiling of strategic and critical materials.[;]
(16) Subject to the direction of the President, and
pursuant to procedures to be developed jointly by the
Secretary of Defense and the Secretary of State, be responsible for the deployment and use of military forces
for the protection of United States citizens and nationals and, in connection therewith, designated other persons or categories of persons, in support of their evacuation from threatened areas overseas.
SEC. 502. Support Responsibilities. The Secretary of Defense shall:
(1) Advise and assist the heads of other Federal departments and agencies in the development of plans
and programs to support national mobilization. This
includes providing, as appropriate:
(a) Military requirements, prioritized and timephased to the extent possible, for selected end-items
and supporting services, materials, and components;
(b) Recommendations for use of financial incentives
and other methods to improve defense production as
provided by law; and
(c) Recommendations for export and import policies;
(2) Advise and assist the Secretary of State and the
heads of other Federal departments and agencies, as appropriate, in planning for the protection, evacuation,
and repatriation of United States citizens in threatened
areas overseas;
(3) Support the Secretary of Housing and Urban Development and the heads of other agencies, as appropriate, in the development of plans to restore community facilities;
(4) Support the Secretary of Energy in international
liaison activities pertaining to nuclear materials facilities;
(5) In consultation with the Secretaries of State and
Commerce, assist the Secretary of the Treasury in the
formulation and execution of economic measures that
affect other nations;
(6) Support the Secretary of State and the heads of
other Federal departments and agencies as appropriate
in the formulation and implementation of foreign policy, and the negotiation of contingency and post-emergency plans, intergovernmental agreements, and arrangements with allies and friendly nations, which affect national security;
(7) Coordinate with the Secretary of Homeland Security the development of plans for mutual civil-military
support during national security emergencies;
(8) Develop plans to support the Secretary of Labor in
providing education and training to overcome shortages of critical skills.
PART 6—DEPARTMENT OF EDUCATION
SEC. 601. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Education shall:
(1) Assist school systems in developing their plans to
provide for the earliest possible resumption of activities following national security emergencies;
(2) Develop plans to provide assistance, including efforts to meet shortages of critical educational personnel, to local educational agencies;
(3) Develop plans, in coordination with the Secretary
of Homeland Security, for dissemination of emergency
preparedness instructional material through educational institutions and the media during national security emergencies.
SEC. 602. Support Responsibilities. The Secretary of
Education shall:
(1) Develop plans to support the Secretary of Labor in
providing education and training to overcome shortages of critical skills;
(2) Support the Secretary of Health and Human Services in the development of human services educational
and training materials, including self-help program

§ 5195

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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

priate, in the development of plans to restore community facilities;
(4) Coordinate with the Secretary of Agriculture regarding the emergency preparedness of the rural electric supply systems throughout the Nation and the assignment of emergency preparedness responsibilities to
the Rural Electrification Administration.
PART 8—DEPARTMENT OF HEALTH AND HUMAN SERVICES
SEC. 801. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Health and Human Services shall:
(1) Develop national plans and programs to mobilize
the health industry and health resources for the provision of health, mental health, and medical services in
national security emergencies;
(2) Promote the development of State and local plans
and programs for provision of health, mental health,
and medical services in national security emergencies;
(3) Develop national plans to set priorities and allocate health, mental health, and medical services’ resources among civilian and military claimants;
(4) Develop health and medical survival information
programs and a nationwide program to train health and
mental health professionals and paraprofessionals in
special knowledge and skills that would be useful in national security emergencies;
(5) Develop programs to reduce or eliminate adverse
health and mental health effects produced by hazardous
agents (biological, chemical, or radiological), and, in
coordination with appropriate Federal agencies, develop programs to minimize property and environmental damage associated with national security emergencies;
(6) Develop guidelines that will assure reasonable and
prudent standards of purity and/or safety in the manufacture and distribution of food, drugs, biological products, medical devices, food additives, and radiological
products in national security emergencies;
(7) Develop national plans for assisting State and
local governments in rehabilitation of persons injured
or disabled during national security emergencies;
(8) Develop plans and procedures to assist State and
local governments in the provision of emergency
human services, including lodging, feeding, clothing,
registration and inquiry, social services, family reunification and mortuary services and interment;
(9) Develop, in coordination with the Secretary of
Education, human services educational and training
materials for use by human service organizations and
professional schools; and develop and distribute, in coordination with the Secretary of Homeland Security,
civil defense information relative to emergency human
services;
(10) Develop plans and procedures, in coordination
with the heads of Federal departments and agencies,
for assistance to United States citizens or others evacuated from overseas areas.
SEC. 802. Support Responsibility. The Secretary of
Health and Human Services shall support the Secretary
of Agriculture in the development of plans related to
national security emergency agricultural health services.
PART 9—DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
SEC. 901. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Housing and Urban Development shall:
(1) Develop plans for provision and management of
housing in national security emergencies, including:
(a) Providing temporary housing using Federal financing and other arrangements;
(b) Providing for radiation protection by encouraging
voluntary construction of shelters and voluntary use of
cost-efficient design and construction techniques to
maximize population protection;
(2) Develop plans, in cooperation with the heads of
other Federal departments and agencies and State and

Page 5484

local governments, to restore community facilities, including electrical power, potable water, and sewage disposal facilities, damaged in national security emergencies.
PART 10—DEPARTMENT OF THE INTERIOR
SEC. 1001. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of the Interior shall:
(1) Develop programs and encourage the exploration,
development, and mining of strategic and critical and
other nonfuel minerals for national security emergency
purposes;
(2) Provide guidance to mining industries in the development of plans and programs to ensure continuity
of production during national security emergencies;
(3) Develop and implement plans for the management, control, allocation, and use of public land under
the jurisdiction of the Department of the Interior in
national security emergencies and coordinate land
emergency planning at the Federal, State, and local
levels.
SEC. 1002. Support Responsibilities. The Secretary of
the Interior shall:
(1) Assist the Secretary of Defense in formulating and
carrying out plans for stockpiling strategic and critical
minerals;
(2) Cooperate with the Secretary of Commerce in the
identification and evaluation of facilities essential for
national security emergencies;
(3) Support the Secretary of Agriculture in planning
for the national security management, production, and
processing of forest products.
PART 11—DEPARTMENT OF JUSTICE
SEC. 1101. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Attorney General of the United States shall:
(1) Provide legal advice to the President and the
heads of Federal departments and agencies and their
successors regarding national security emergency powers, plans, and authorities;
(2) Coordinate Federal Government domestic law enforcement activities related to national security emergency preparedness, including Federal law enforcement
liaison with, and assistance to, State and local governments;
(3) Coordinate contingency planning for national security emergency law enforcement activities that are
beyond the capabilities of State and local agencies;
(4) Develop national security emergency plans for
regulation of immigration, regulation of nationals of
enemy countries, and plans to implement laws for the
control of persons entering or leaving the United
States;
(5) Develop plans and procedures for the custody and
protection of prisoners and the use of Federal penal and
correctional institutions and resources during national
security emergencies;
(6) Provide information and assistance to the Federal
Judicial branch and the Federal Legislative branch
concerning law enforcement, continuity of government,
and the exercise of legal authority during national security emergencies;
(7) Develop intergovernmental and interagency law
enforcement plans and counterterrorism programs to
interdict and respond to terrorism incidents in the
United States that may result in a national security
emergency or that occur during such an emergency;
(8) Develop intergovernmental and interagency law
enforcement plans to respond to civil disturbances that
may result in a national security emergency or that
occur during such an emergency.
SEC. 1102. Support Responsibilities. The Attorney General of the United States shall:
(1) Assist the heads of Federal departments and agencies, State and local governments, and the private sector in the development of plans to physically protect
essential resources and facilities;

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(2) Support the Secretaries of State and the Treasury
in plans for the protection of international organizations and foreign diplomatic, consular, and other official personnel, property, and other assets within the jurisdiction of the United States;
(3) Support the Secretary of the Treasury in developing plans to control the movement of property entering
and leaving the United States;
(4) Support the heads of other Federal departments
and agencies and State and local governments in developing programs and plans for identifying fatalities and
reuniting families in national security emergencies;
(5) Support the intelligence community in the planning of its counterintelligence and counterterrorism
programs.
PART 12—DEPARTMENT OF LABOR
SEC. 1201. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of Labor shall:
(1) Develop plans and issue guidance to ensure effective use of civilian workforce resources during national
security emergencies. Such plans shall include, but not
necessarily be limited to:
(a) Priorities and allocations, recruitment, referral,
training, employment stabilization including appeals
procedures, use assessment, and determination of critical skill categories; and
(b) Programs for increasing the availability of critical workforce skills and occupations;
(2) In consultation with the Secretary of the Treasury, develop plans and procedures for wage, salary, and
benefit costs stabilization during national security
emergencies;
(3) Develop plans and procedures for protecting and
providing incentives for the civilian labor force during
national security emergencies;
(4) In consultation with other appropriate government agencies and private entities, develop plans and
procedures for effective labor-management relations
during national security emergencies.
SEC. 1202. Support Responsibilities. The Secretary of
Labor shall:
(1) Support planning by the Secretary of Defense and
the private sector for the provision of human resources
to critical defense industries during national security
emergencies;
(2) Support planning by the Secretary of Defense and
the Director of Selective Service for the institution of
conscription in national security emergencies.
PART 13—DEPARTMENT OF STATE
SEC. 1301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of State shall:
(1) Provide overall foreign policy coordination in the
formulation and execution of continuity of government
and other national security emergency preparedness
activities that affect foreign relations;
(2) Prepare to carry out Department of State responsibilities in the conduct of the foreign relations of the
United States during national security emergencies,
under the direction of the President and in consultation with the heads of other appropriate Federal departments and agencies, including, but not limited to:
(a) Formulation and implementation of foreign policy
and negotiation regarding contingency and post-emergency plans, intergovernmental agreements, and arrangements with United States’ allies;
(b) Formulation, negotiation, and execution of policy
affecting the relationships of the United States with
neutral states;
(c) Formulation and execution of political strategy
toward hostile or enemy states;
(d) Conduct of mutual assistance activities;
(e) Provision of foreign assistance, including continuous supervision and general direction of authorized economic and military assistance programs;
(f) Protection or evacuation of United States citizens
and nationals abroad and safeguarding their property

§ 5195

abroad, in consultation with the Secretaries of Defense
and Health and Human Services;
(g) Protection of international organizations and foreign diplomatic, consular, and other official personnel
and property, or other assets, in the United States, in
coordination with the Attorney General and the Secretary of the Treasury;
(h) Formulation of policies and provisions for assistance to displaced persons and refugees abroad;
(i) Maintenance of diplomatic and consular representation abroad; and
(j) Reporting of and advising on conditions overseas
that bear upon national security emergencies.
SEC. 1302. Support Responsibilities. The Secretary of
State shall:
(1) Assist appropriate agencies in developing planning
assumptions concerning accessibility of foreign sources
of supply;
(2) Support the Secretary of the Treasury, in consultation, as appropriate, with the Secretaries of Commerce and Defense, in the formulation and execution of
economic measures with respect to other nations;
(3) Support the Secretary of Energy in international
liaison activities pertaining to nuclear materials facilities;
(4) Support the Secretary of Homeland Security in
the coordination and integration of United States policy regarding the formulation and implementation of
civil emergency resources and preparedness planning;
(5) Assist the Attorney General of the United States
in the formulation of national security emergency
plans for the control of persons entering or leaving the
United States.
PART 14—DEPARTMENT OF TRANSPORTATION
SEC. 1401. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of Transportation shall:
(1) Develop plans to promulgate and manage overall
national policies, programs, procedures, and systems to
meet essential civil and military transportation needs
in national security emergencies;
(2) Be prepared to provide direction to all modes of
civil transportation in national security emergencies,
including air, surface, water, pipelines, and public storage and warehousing, to the extent such responsibility
is vested in the Secretary of Transportation. This direction may include:
(a) Implementation of priorities for all transportation resource requirements for service, equipment,
facilities, and systems;
(b) Allocation of transportation resource capacity;
and
(c) Emergency management and control of civil
transportation resources and systems, including privately owned automobiles, urban mass transit, intermodal transportation systems, the National Railroad
Passenger Corporation and the St. Lawrence Seaway
Development Corporation;
(3) Develop plans to provide for the smooth transition
of the Coast Guard as a service to the Department of
the Navy during national security emergencies. These
plans shall be compatible with the Department of Defense planning systems, especially in the areas of port
security and military readiness;
(4) In coordination with the Secretary of State and
the Secretary of Homeland Security, represent the
United States in transportation-related international
(including NATO and allied) civil emergency preparedness planning and related activities;
(5) Coordinate with State and local highway agencies
in the management of all Federal, State, city, local,
and other highways, roads, streets, bridges, tunnels,
and publicly owned highway maintenance equipment to
assure efficient and safe use of road space during national security emergencies;
(6) Develop plans and procedures in consultation with
appropriate agency officials for maritime and port safety, law enforcement, and security over, upon, and
under the high seas and waters subject to the jurisdic-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

tion of the United States to assure operational readiness for national security emergency functions;
(7) Develop plans for the emergency operation of U.S.
ports and facilities, use of shipping resources (U.S. and
others), provision of government war risks insurance,
and emergency construction of merchant ships for military and civil use;
(8) Develop plans for emergency management and
control of the National Airspace System, including provision of war risk insurance and for transfer of the Federal Aviation Administration, in the event of war, to
the Department of Defense;
(9) Coordinate the Interstate Commerce Commission’s development of plans and preparedness programs
for the reduction of vulnerability, maintenance, restoration, and operation of privately owned railroads,
motor carriers, inland waterway transportation systems, and public storage facilities and services in national security emergencies.
SEC. 1402. Support Responsibility. The Secretary of
Transportation shall coordinate with the Secretary of
Energy in the planning and management of transportation resources involved in the bulk movement of energy materials.
PART 15—DEPARTMENT OF THE TREASURY
SEC. 1501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of the Treasury shall:
(1) Develop plans to maintain stable economic conditions and a market economy during national security
emergencies; emphasize measures to minimize inflation
and disruptions; and, minimize reliance on direct controls of the monetary, credit, and financial systems.
These plans will include provisions for:
(a) Increasing capabilities to minimize economic dislocations by carrying out appropriate fiscal, monetary,
and regulatory policies and reducing susceptibility to
manipulated economic pressures;
(b) Providing the Federal Government with efficient
and equitable financing sources and payment mechanisms;
(c) Providing fiscal authorities with adequate legal
authority to meet resource requirements;
(d) Developing, in consultation with the Board of
Governors of the Federal Reserve System, and in cooperation with the Board of Directors of the Federal
Deposit Insurance Corporation, the Federal Home Loan
Bank Board, the National Credit Union Administration
Board, the Farm Credit Administration Board and
other financial institutions, plans for the continued or
resumed operation and liquidity of banks, savings and
loans, credit unions, and farm credit institutions,
measures for the reestablishment of evidence of assets
or liabilities, and provisions for currency withdrawals
and deposit insurance;
(2) Provide for the protection of United States financial resources including currency and coin production
and redemption facilities, Federal check disbursement
facilities, and precious monetary metals;
(3) Provide for the preservation of, and facilitate
emergency operations of, public and private financial
institution systems, and provide for their restoration
during or after national security emergencies;
(4) Provide, in coordination with the Secretary of
State, for participation in bilateral and multilateral financial arrangements with foreign governments;
(5) Maintain the Federal Government accounting and
financial reporting system in national security emergencies;
(6) Develop plans to protect the President, the Vice
President, other officers in the order of presidential
succession, and other persons designated by the President;
(7) Develop plans for restoration of the economy following an attack; for the development of emergency
monetary, credit, and Federal benefit payment programs of those Federal departments and agencies that
have responsibilities dependent on the policies or capabilities of the Department of the Treasury; and for the

Page 5486

implementation of national policy on sharing war
losses;
(8) Develop plans for initiating tax changes, waiving
regulations, and, in conjunction with the Secretary of
Commerce or other guaranteeing agency, granting or
guaranteeing loans for the expansion of industrial capacity, the development of technological processes, or
the production or acquisition of essential materials;
(9) Develop plans, in coordination with the heads of
other appropriate Federal departments and agencies, to
acquire emergency imports, make foreign barter arrangements, or otherwise provide for essential material
from foreign sources using, as appropriate, the resources of the Export-Import Bank or resources available to the Bank;
(10) Develop plans for encouraging capital inflow and
discouraging the flight of capital from the United
States and, in coordination with the Secretary of
State, for the seizure and administration of assets of
enemy aliens during national security emergencies;
(11) Develop plans, in consultation with the heads of
approporiate Federal departments and agencies, to regulate financial and commercial transactions with other
countries;
(12) Develop plans, in coordination with the Secretary
of Commerce and the Attorney General of the United
States, to control the movement of property entering
or leaving the United States;
(13) Cooperate and consult with the Chairman of the
Securities and Exchange Commission, the Chairman of
the Federal Reserve Board, the Chairman of the Commodities Futures Trading Commission in the development of emergency financial control plans and regulations for trading of stocks and commodities, and in the
development of plans for the maintenance and restoration of stable and orderly markets;
(14) Develop plans, in coordination with the Secretary
of State, for the formulation and execution of economic
measures with respect to other nations in national security emergencies.
SEC. 1502. Support Responsibilities. The Secretary of
the Treasury shall:
(1) Cooperate with the Attorney General of the
United States on law enforcement activities, including
the control of people entering and leaving the United
States;
(2) Support the Secretary of Labor in developing
plans and procedures for wage, salary, and benefit costs
stabilization;
(3) Support the Secretary of State in plans for the
protection of international organizations and foreign
diplomatic, consular, and other official personnel and
property or other assets in the United States.
PART 16—ENVIRONMENTAL PROTECTION AGENCY
SEC. 1601. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Administrator of the Environmental Protection Agency shall:
(1) Develop Federal plans and foster development of
State and local plans designed to prevent or minimize
the ecological impact of hazardous agents (biological,
chemical, or radiological) introduced into the environment in national security emergencies;
(2) Develop, for national security emergencies, guidance on acceptable emergency levels of nuclear radiation, assist in determining acceptable emergency levels of biological agents, and help to provide detection
and identification of chemical agents;
(3) Develop, in coordination with the Secretary of Defense, plans to assure the provision of potable water
supplies to meet community needs under national security emergency conditions, including claimancy for
materials and equipment for public water systems.
SEC. 1602. Support Responsibilities. The Administrator
of the Environmental Protection Agency shall:
(1) Assist the heads of other Federal agencies that are
responsible for developing plans for the detection, reporting, assessment, protection against, and reduction
of effects of hazardous agents introduced into the environment;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) Advise the heads of Federal departments and agencies regarding procedures for assuring compliance with
environmental restrictions and for expeditious review
of requests for essential waivers.
PART 17—DEPARTMENT OF HOMELAND SECURITY
SEC. 1701. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of Homeland Security shall:
(1) Coordinate and support the initiation, development, and implementation of national security emergency preparedness programs and plans among Federal
departments and agencies;
(2) Coordinate the development and implementation
of plans for the operation and continuity of essential
domestic emergency functions of the Federal Government during national security emergencies;
(3) Coordinate the development of plans, in cooperation with the Secretary of Defense, for mutual civilmilitary support during national security emergencies;
(4) Guide and assist State and local governments and
private sector organizations in achieving preparedness
for national security emergencies, including development of plans and procedures for assuring continuity of
government, and support planning for prompt and coordinated Federal assistance to States and localities in
responding to national security emergencies;
(5) Provide the President a periodic assessment of
Federal, State, and local capabilities to respond to national security emergencies;
(6) Coordinate the implementation of policies and
programs for efficient mobilization of Federal, State,
local, and private sector resources in response to national security emergencies;
(7) Develop and coordinate with all appropriate agencies civil defense programs to enhance Federal, State,
local, and private sector capabilities for national security emergency crisis management, population protection, and recovery in the event of an attack on the
United States;
(8) Develop and support public information, education
and training programs to assist Federal, State, and
local government and private sector entities in planning for and implementing national security emergency preparedness programs;
(9) Coordinate among the heads of Federal, State, and
local agencies the planning, conduct, and evaluation of
national security emergency exercises;
(10) With the assistance of the heads of other appropriate Federal departments and agencies, develop and
maintain capabilities to assess actual attack damage
and residual recovery capabilities as well as capabilities to estimate the effects of potential attacks on the
Nation;
(11) Provide guidance to the heads of Federal departments and agencies on the appropriate use of defense
production authorities, including resource claimancy,
in order to improve the capability of industry and infrastructure systems to meet national security emergency needs;
(12) Assist the Secretary of State in coordinating the
formulation and implementation of United States policy for NATO and other allied civil emergency planning, including the provision of:
(a) advice and assistance to the departments and
agencies in alliance civil emergency planning matters;
(b) support to the United States Mission to NATO in
the conduct of day-to-day civil emergency planning activities; and
(c) support facilities for NATO Civil Wartime Agencies in cooperation with the Departments of Agriculture, Commerce, Energy, State, and Transportation.
SEC. 1702. Support Responsibilities. The Secretary of
Homeland Security shall:
(1) Support the heads of other Federal departments
and agencies in preparing plans and programs to discharge their national security emergency preparedness
responsibilities, including, but not limited to, such programs as mobilization preparedness, continuity of government planning, and continuance of industry and infrastructure functions essential to national security;

§ 5195

(2) Support the Secretary of Energy, the Secretary of
Defense, and the Members of the Nuclear Regulatory
Commission in developing plans and capabilities for
identifying, analyzing, mitigating, and responding to
emergencies related to nuclear weapons, materials, and
devices, including mobile and fixed nuclear facilities,
by providing, inter alia, off-site coordination;
(3) Support the Administrator of General Services in
efforts to promote a government-wide program with respect to Federal buildings and installations to minimize the effects of attack and establish shelter management organizations.
PART 18—GENERAL SERVICES ADMINISTRATION
SEC. 1801. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Administrator of General Services shall:
(1) Develop national security emergency plans and
procedures for the operation, maintenance, and protection of federally owned and occupied buildings managed
by the General Services Administration, and for the
construction, alteration, and repair of such buildings;
(2) Develop national security emergency operating
procedures for the control, acquisition, leasing, assignment, and priority of occupancy of real property by the
Federal Government, and by State and local governments acting as agents of the Federal Government, except for the military facilities and facilities with special nuclear materials within the jurisdiction of the
Departments of Defense and Energy;
(3) Develop national security emergency operational
plans and procedures for the use of public utility services (other than telecommunications services) by Federal departments and agencies, except for Department
of Energy-operated facilities;
(4) Develop plans and operating procedures of government-wide supply programs to meet the requirements
of Federal departments and agencies during national
security emergencies;
(5) Develop plans and operating procedures for the
use, in national security emergencies, of excess and
surplus real and personal property by Federal, State,
and local governmental entities;
(6) Develop plans, in coordination with the Secretary
of Homeland Security, with respect to Federal buildings and installations, to minimize the effects of attack and establish shelter management organizations;
SEC. 1802. Support Responsibility. The Administrator of
General Services shall develop plans to assist Federal
departments and agencies in operation and maintenance of essential automated information processing
facilities during national security emergencies:[.]
PART 19—NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
SEC. 1901. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the Administrator of the National Aeronautics and Space Administration shall coordinate with the Secretary of Defense to prepare for the use, maintenance, and development of technologically advanced aerospace and aeronautical-related systems, equipment, and methodologies applicable to national security emergencies.
PART 20—NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
SEC. 2001. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Archivist of the United States shall:
(1) Develop procedures for publication during national security emergencies of the Federal Register for
as broad public dissemination as is practicable of presidential proclamations and Executive orders, Federal
administrative regulations, Federal emergency notices
and actions, and Acts of Congress;
(2) Develop emergency procedures for providing instructions and advice on the handling and preservation
of records critical to the operation of the Federal Government in national security emergencies.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

PART 21—NUCLEAR REGULATORY COMMISSION
SEC. 2101. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Members of the Nuclear Regulatory Commission shall:
(1) Promote the development and maintenance of national security emergency preparedness programs
through security and safeguards programs by licensed
facilities and activities;
(2) Develop plans to suspend any licenses granted by
the Commission; to order the operations of any facility
licensed under Section 103 or 104; Atomic Energy Act of
1954, as amended (42 U.S.C. 2133 or 2134); to order the
entry into any plant or facility in order to recapture
special nuclear material as determined under Subsection (3) below; and operate such facilities;
(3) Recapture or authorize recapture of special nuclear materials from licensees where necessary to assure the use, preservation, or safeguarding of such materials for the common defense and security, as determined by the Commission or as requested by the Secretary of Energy.
SEC. 2102. Support Responsibilities. The Members of the
Nuclear Regulatory Commission shall:
(1) Assist the Secretary of Energy in assessing damage to Commission-licensed facilities, identifying useable facilities, and estimating the time and actions
necessary to restart inoperative facilities;
(2) Provide advice and technical assistance to Federal, State, and local officials and private sector organizations regarding radiation hazards and protective
actions in national security emergencies.
PART 22—OFFICE OF PERSONNEL MANAGEMENT
SEC. 2201. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Director of the Office of Personnel Management shall:
(1) Prepare plans to administer the Federal civilian
personnel system in national security emergencies, including plans and procedures for the rapid mobilization
and reduction of an emergency Federal workforce;
(2) Develop national security emergency work force
policies for Federal civilian personnel;
(3) Develop plans to accommodate the surge of Federal personnel security background and pre-employment investigations during national security emergencies.
SEC. 2202. Support Responsibilities. The Director of the
Office of Personnel Management shall:
(1) Assist the heads of other Federal departments and
agencies with personnel management and staffing in
national security emergencies, including facilitating
transfers between agencies of employees with critical
skills;
(2) In consultation with the Secretary of Defense and
the Director of Selective Service, develop plans and
procedures for a system to control any conscription of
Federal civilian employees during national security
emergencies.
PART 23—SELECTIVE SERVICE SYSTEM
SEC. 2301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Director of Selective Service shall:
(1) Develop plans to provide by induction, as authorized by law, personnel that would be required by the
armed forces during national security emergencies;
(2) Develop plans for implementing an alternative
service program.
PART 24—TENNESSEE VALLEY AUTHORITY
SEC. 2401. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Board of Directors of the Tennessee Valley Authority
shall develop plans and maintain river control operations for the prevention or control of floods affecting
the Tennessee River System during national security
emergencies.
SEC. 2402. Support Responsibilities. The Board of Directors of the Tennessee Valley Authority shall:

Page 5488

(1) Assist the Secretary of Energy in the development
of plans for the integration of the Tennessee Valley Authority power system into nationwide national security
emergency programs;
(2) Assist the Secretaries of Defense, Interior, and
Transportation and the Chairman of the Interstate
Commerce Commission in the development of plans for
operation and maintenance of inland waterway transportation in the Tennessee River System during national security emergencies.
PART 25—UNITED STATES INFORMATION AGENCY
SEC. 2501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Director of the United States Information Agency
shall:
(1) Plan for the implementation of information programs to promote an understanding abroad of the
status of national security emergencies within the
United States;
(2) In coordination with the Secretary of State’s exercise of telecommunications functions affecting United
States diplomatic missions and consular offices overseas, maintain the capability to provide television and
simultaneous direct radio broadcasting in major languages to all areas of the world, and the capability to
provide wireless file to all United States embassies during national security emergencies.
SEC. 2502. Support Responsibility. The Director of the
United States Information Agency shall assist the
heads of other Federal departments and agencies in
planning for the use of media resources and foreign
public information programs during national security
emergencies.
PART 26—UNITED STATES POSTAL SERVICE
SEC. 2601. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the Postmaster General shall prepare plans and programs to
provide essential postal services during national security emergencies.
SEC. 2602. Support Responsibilities. The Postmaster
General shall:
(1) Develop plans to assist the Attorney General of
the United States in the registration of nationals of
enemy countries residing in the United States;
(2) Develop plans to assist the Secretary of Health
and Human Services in registering displaced persons
and families;
(3) Develop plans to assist the heads of other Federal
departments and agencies in locating and leasing privately owned property for Federal use during national
security emergencies.
PART 27—VETERANS’ ADMINISTRATION
SEC. 2701. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Administrator of Veterans’ Affairs [now Secretary of
Veterans Affairs] shall:
(1) Develop plans for provision of emergency health
care services to veteran beneficiaries in Veterans’ Administration [now Department of Veterans Affairs]
medical facilities, to active duty military personnel
and, as resources permit, to civilians in communities
affected by national security emergencies;
(2) Develop plans for mortuary services for eligible
veterans, and advise on methods for interment of the
dead during national security emergencies.
SEC. 2702. Support Responsibilities. The Administrator
of Veterans’ Affairs [now Secretary of Veterans Affairs]
shall:
(1) Assist the Secretary of Health and Human Services in promoting the development of State and local
plans for the provision of medical services in national
security emergencies, and develop appropriate plans to
support such State and local plans;
(2) Assist the Secretary of Health and Human Services in developing national plans to mobilize the health
care industry and medical resources during national security emergencies;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(3) Assist the Secretary of Health and Human Services in developing national plans to set priorities and
allocate medical resources among civilian and military
claimants.
PART 28—OFFICE OF MANAGEMENT AND BUDGET
SEC. 2801. In addition to the applicable responsibilities covered in Parts 1 and 2, the Director of the Office
of Management and Budget shall prepare plans and programs to maintain its functions during national security emergencies. In connection with these functions,
the Director of the Office of Management and Budget
shall:
(1) Develop plans to ensure the preparation, clearance, and coordination of proposed Executive orders
and proclamations;
(2) Prepare plans to ensure the preparation, supervision, and control of the budget and the formulation of
the fiscal program of the Government;
(3) Develop plans to coordinate and communicate Executive branch views to the Congress regarding legislation and testimony by Executive branch officials;
(4) Develop plans for keeping the President informed
of the activities of government agencies, continuing
the Office of Management and Budget’s management
functions, and maintaining presidential supervision
and direction with respect to legislation and regulations in national security emergencies.
PART 29—GENERAL
SEC. 2901. Executive Order Nos. 10421 and 11490, as
amended, are hereby revoked. This Order shall be effective immediately.
[Responsibilities assigned to specific Federal officials
pursuant to Ex. Ord. No. 12656, set out above, that are
substantially the same as any responsibility assigned
to, or function transferred to, the Secretary of Homeland Security pursuant to the Homeland Security Act
of 2002, 6 U.S.C. 101 et seq., or intended or required to
be carried out by an agency or an agency component
transferred to the Department of Homeland Security
pursuant to such Act, reassigned to the Secretary of
Homeland Security by section 42 of Ex. Ord. No. 13286,
Feb. 28, 2003, 68 F.R. 10626, set out as a note under section 111 of Title 6, Domestic Security.]
[For abolition of United States Information Agency
(other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions,
and treatment of references thereto, see sections 6531,
6532, and 6551 of Title 22, Foreign Relations and Intercourse.]
[Ex. Ord. No. 13286, § 42, which directed amendment of
Ex. Ord. No. 12656, set out above, by substituting ‘‘the
Secretary of Homeland Security’’ for ‘‘the Director of
the Federal Emergency Management Agency’’ in section ‘‘1801(b)’’, was executed by making the substitution in section 1801(6).]
EX. ORD. NO. 12657. DEPARTMENT OF HOMELAND SECURITY ASSISTANCE IN EMERGENCY PREPAREDNESS PLANNING AT COMMERCIAL NUCLEAR POWER PLANTS
Ex. Ord. No. 12657, Nov. 18, 1988, 53 F.R. 47513, as
amended by Ex. Ord. No. 13286, § 41, Feb. 28, 2003, 68 F.R.
10626, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App. 2251 et seq.), the Disaster Relief
Act of 1974, as amended (42 U.S.C. 5121 et seq.), the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011
et seq.), Reorganization Plan No. 1 of 1958 [set out
above], Reorganization Plan No. 1 of 1973 [set out
above], and Section 301 of Title 3 of the United States
Code, and in order to ensure that plans and procedures
are in place to respond to radiological emergencies at
commercial nuclear power plants in operation or under
construction, it is hereby ordered as follows:
SECTION 1. Scope. (a) This Order applies whenever
State or local governments, either individually or to-

§ 5195

gether, decline or fail to prepare commercial nuclear
power plant radiological emergency preparedness plans
that are sufficient to satisfy Nuclear Regulatory Commission (‘‘NRC’’) licensing requirements or to participate adequately in the preparation, demonstration,
testing, exercise, or use of such plans.
(b) In order to request the assistance of the Department of Homeland Security (‘‘DHS’’) provided for in
this Order, an affected nuclear power plant applicant or
licensee (‘‘licensee’’) shall certify in writing to DHS
that the situation described in Subsection (a) exists.
SEC. 2. Generally Applicable Principles and Directives.
(a) Subject to the principles articulated in this Section,
the Secretary of Homeland Security is hereby authorized and directed to take the actions specified in Sections 3 through 6 of this Order.
(b) In carrying out any of its responsibilities under
this Order, DHS:
(1) shall work actively with the licensee, and, before
relying upon its resources or those of any other Department or agency within the Executive branch, shall
make maximum feasible use of the licensee’s resources;
(2) shall take care not to supplant State and local resources. DHS shall substitute its own resources for
those of the State and local governments only to the
extent necessary to compensate for the nonparticipation or inadequate participation of those governments,
and only as a last resort after appropriate consultation
with the Governors and responsible local officials in
the affected area regarding State and local participation;
(3) is authorized, to the extent permitted by law, to
enter into interagency Memoranda of Understanding
providing for utilization of the resources of other Executive branch Departments and agencies and for delegation to other Executive branch Departments and agencies of any of the functions and duties assigned to DHS
under this Order; however, any such Memorandum of
Understanding shall be subject to approval by the Director of the Office of Management and Budget
(‘‘OMB’’) and published in final form in the Federal
Register; and
(4) shall assume for purposes of Sections 3 and 4 of
this Order that, in the event of an actual radiological
emergency or disaster, State and local authorities
would contribute their full resources and exercise their
authorities in accordance with their duties to protect
the public from harm and would act generally in conformity with the licensee’s radiological emergency preparedness plan.
(c) The Director of OMB shall resolve any issue concerning the obligation of Federal funds arising from
the implementation of this Order. In resolving issues
under this Subsection, the Director of OMB shall ensure:
(1) that DHS has utilized to the maximum extent possible the resources of the licensee and State and local
governments before it relies upon its appropriated and
lawfully available resources or those of any Department or agency in the Executive branch;
(2) that DHS shall use its existing resources to coordinate and manage, rather than duplicate, other available resources;
(3) that implementation of this Order is accomplished
with an economy of resources; and
(4) that full reimbursement to the Federal Government is provided, to the extent permitted by law.
SEC. 3. DHS Participation in Emergency Preparedness
Planning. (a) DHS assistance in emergency preparedness planning shall include advice, technical assistance, and arrangements for facilities and resources as
needed to satisfy the emergency planning requirements
under the Atomic Energy Act of 1954, as amended [42
U.S.C. 2011 et seq.], and any other Federal legislation or
regulations pertaining to issuance or retention of a
construction permit or an operating license for a nuclear power plant.
(b) DHS shall make all necessary plans and arrangements to ensure that the Federal Government is prepared to assume any and all functions and undertak-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ings necessary to provide adequate protection to the
public in cases within the scope of this Order. In making such plans and arrangements,
(1) DHS shall focus planning of Federal response activities to ensure that:
(A) adequate resources and arrangements will exist,
as of the time when an initial response is needed, given
the absence or inadequacy of advance State and local
commitments; and
(B) attention has been given to coordinating (including turning over) response functions when State and
local governments do exercise their authority, with
specific attention to the areas where prior State and
local participation has been insufficient or absent;
(2) FEMA’s [DHS’s] planning for Federal participation in responding to a radiological emergency within
the scope of this Order shall include, but not be limited
to, arrangements for using existing Federal resources
to provide prompt notification of the emergency to the
general public; to assist in any necessary evacuation;
to provide reception centers or shelters and related facilities and services for evacuees; to provide emergency
medical services at Federal hospitals, including those
operated by the military services and by the Veterans’
Administration [now Department of Veterans Affairs];
and to ensure the creation and maintenance of channels of communication from commercial nuclear power
plant licensees or applicants to State and local governments and to surrounding members of the public.
SEC. 4. Evaluation of Plans. (a) DHS shall consider and
evaluate all plans developed under the authority of this
Order as though drafted and submitted by a State or
local government.
(b) DHS shall take all actions necessary to carry out
the evaluation referred to in the preceding Subsection
and to permit the NRC to conduct its evaluation of radiological emergency preparedness plans including, but
not limited to, planning, participating in, and evaluating exercises, drills, and tests, on a timely basis, as
necessary to satisfy NRC requirements for demonstrations of off-site radiological emergency preparedness.
SEC. 5. Response to a Radiological Emergency. (a) In the
event of an actual radiological emergency or disaster,
DHS shall take all steps necessary to ensure the implementation of the plans developed under this Order and
shall coordinate the actions of other Federal agencies
to achieve the maximum effectiveness of Federal efforts in responding to the emergency.
(b) DHS shall coordinate Federal response activities
to ensure that adequate resources are directed, when an
initial response is needed, to activities hindered by the
absence or inadequacy of advance State and local commitments. DHS shall also coordinate with State and
local governmental authorities and turn over response
functions as appropriate when State and local governments do exercise their authority.
(c) DHS shall assume any necessary command-andcontrol function, or delegate such function to another
Federal agency, in the event that no competent State
and local authority is available to perform such function.
(d) In any instance in which Federal personnel may
be called upon to fill a command-and-control function
during a radiological emergency, in addition to any
other powers it may have, DHS or its designee is authorized to accept volunteer assistance from utility
employees and other nongovernmental personnel for
any purpose necessary to implement the emergency response plan and facilitate off-site emergency response.
SEC. 6. Implementation of Order. (a) DHS shall issue interim and final directives and procedures implementing
this Order as expeditiously as is feasible and in any
event shall issue interim directives and procedures not
more than 90 days following the effective date of this
Order and shall issue final directives and procedures
not more than 180 days following the effective date of
this Order.
(b) Immediately upon the effective date of this Order,
DHS shall review, and initiate necessary revisions of,
all DHS regulations, directives, and guidance to conform them to the terms and policies of this Order.

Page 5490

(c) Immediately upon the effective date of this Order,
DHS shall review, and initiate necessary renegotiations
of, all interagency agreements to which DHS is a party,
so as to conform them to the terms and policies of this
Order. This directive shall include, but not be limited
to, the Federal Radiological Emergency Response Plan
(50 Fed. Reg. 46542 (November 8, 1985)).
(d) To the extent permitted by law, DHS is directed
to obtain full reimbursement, either jointly or severally, for services performed by DHS or other Federal
agencies pursuant to this Order from any affected licensee and from any affected nonparticipating or inadequately participating State or local government.
SEC. 7. Amendments. This Executive Order amends Executive Order Nos. 11490 (34 Fed. Reg. 17567 (October 28,
1969)) [see note above], 12148 (44 Fed. Reg. 43239 (July 20,
1979)) [set out above], and 12241 (45 Fed. Reg. 64879 (September 29, 1980)), and the same are hereby superseded to
the extent that they are inconsistent with this Order.
SEC. 8. Judicial Review. This Order is intended only to
improve the internal management of the Executive
branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or any person.
SEC. 9. Effective Date. This Order shall be effective November 18, 1988.
EX. ORD. NO. 12673. DELEGATION OF DISASTER RELIEF
AND EMERGENCY ASSISTANCE FUNCTIONS
Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided:
By virtue of the authority vested in me as President
by the Constitution and laws of the United States of
America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42
U.S.C. 5121 et seq.), and in order to conform delegations
of authority to recent legislation, it is hereby ordered
as follows:
SECTION 1. Section 4–203 of Executive Order No. 12148
[set out above] is amended to read:
Section 4–203. The functions vested in the President
by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 et
seq.), except those functions vested in the President by
Section 401 (relating to the declaration of major disasters and emergencies), Section 501 (relating to the declaration of emergencies), Section 405 (relating to the
repair, reconstruction, restoration, or replacement of
Federal facilities), and Section 412 (relating to food
coupons [benefits] and distribution), are hereby delegated to the Director of the Federal Emergency Management Agency.
SEC. 2. Section 3 of Executive Order No. 11795 [42
U.S.C. 5121 note] is amended by removing the words
‘‘Section 409’’ and inserting ‘‘Section 412’’ in place
thereof.
SEC. 3. The functions vested in the President by Section 103(e)(2) of the Disaster Relief and Emergency Assistance Amendments of 1988, Public Law 100–707 [42
U.S.C. 5122 note] (relating to the transmission of a report to the Committee on Public Works and Transportation of the House of Representatives and to the Committee on Environment and Public Works of the Senate), are hereby delegated to the Director of the Federal Emergency Management Agency.
SEC. 4. The functions vested in the President by Section 110 of the Disaster Relief and Emergency Assistance Amendments of 1988, Public Law 100–707 [42 U.S.C.
5121 note], are hereby delegated to the Director of the
Federal Emergency Management Agency.
SEC. 5. The functions vested in the President by Section 113 of the Disaster Relief and Emergency Assistance Amendments of 1988, Public Law 100–707 [42 U.S.C.
5201 note], are hereby delegated to the Director of the
Federal Emergency Management Agency.
SEC. 6. The amendments to Executive Order No. 12148
that are made by Section 1 of this Executive Order
shall not affect the administration of any assistance
for major disasters or emergencies declared by the

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

President before the effective date of ‘‘The Disaster Relief and Emergency Assistance Amendments of 1988
[probably means date of enactment of Pub. L. 100–707,
which was approved Nov. 23, 1988].’’
GEORGE BUSH.
EX. ORD. NO. 13010. CRITICAL INFRASTRUCTURE
PROTECTION
Ex. Ord. No. 13010, July 15, 1996, 61 F.R. 37347, as
amended by Ex. Ord. No. 13025, Nov. 13, 1996, 61 F.R.
58623; Ex. Ord. No. 13041, Apr. 3, 1997, 62 F.R. 17039; Ex.
Ord. No. 13064, Oct. 11, 1997, 62 F.R. 53711; Ex. Ord. No.
13077, Mar. 10, 1998, 63 F.R. 12381; Ex. Ord. No. 13138,
§ 3(c), Sept. 30, 1999, 64 F.R. 53880, provided:
Certain national infrastructures are so vital that
their incapacity or destruction would have a debilitating impact on the defense or economic security of the
United States. These critical infrastructures include
telecommunications, electrical power systems, gas and
oil storage and transportation, banking and finance,
transportation, water supply systems, emergency services (including medical, police, fire, and rescue), and
continuity of government. Threats to these critical infrastructures fall into two categories: physical threats
to tangible property (‘‘physical threats’’), and threats
of electronic, radio-frequency, or computer-based attacks on the information or communications components that control critical infrastructures (‘‘cyber
threats’’). Because many of these critical infrastructures are owned and operated by the private sector, it
is essential that the government and private sector
work together to develop a strategy for protecting
them and assuring their continued operation.
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States of America, it is hereby ordered as follows:
SECTION 1. Establishment. There is hereby established
the President’s Commission on Critical Infrastructure
Protection (‘‘Commission’’).
(a) Chair. A qualified individual from outside the Federal Government shall be designated by the President
from among the members to serve as Chair of the Commission. The Commission Chair shall be employed on a
full-time basis.
(b) Members. The head of each of the following executive branch departments and agencies shall nominate
not more than two full-time members of the Commission:
(i) Department of the Treasury;
(ii) Department of Justice;
(iii) Department of Defense;
(iv) Department of Commerce;
(v) Department of Transportation;
(vi) Department of Energy;
(vii) Central Intelligence Agency;
(viii) Federal Emergency Management Agency;
(ix) Federal Bureau of Investigation;
(x) National Security Agency.
One of the nominees of each agency may be an individual from outside the Federal Government who shall be
employed by the agency on a full-time basis. Each
nominee must be approved by the Steering Committee.
SEC. 2. The Principals Committee. The Commission
shall report to the President through a Principals Committee (‘‘Principals Committee’’), which shall review
any reports or recommendations before submission to
the President. The Principals Committee shall comprise the:
(i) Secretary of the Treasury;
(ii) Secretary of Defense;
(iii) Attorney General;
(iv) Secretary of Commerce;
(v) Secretary of Transportation;
(vi) Secretary of Energy;
(vii) Director of Central Intelligence;
(viii) Director of the Office of Management and Budget;
(ix) Director of the Federal Emergency Management
Agency;

§ 5195

(x) Assistant to the President for National Security
Affairs;
(xi) Assistant to the Vice President for National Security Affairs.[;]
(xii) Assistant to the President for Economic Policy
and Director of the National Economic Council; and
(xiii) Assistant to the President and Director of the
Office of Science and Technology Policy.
SEC. 3. The Steering Committee of the President’s Commission on Critical Infrastructure Protection. A Steering
Committee (‘‘Steering Committee’’) shall oversee the
work of the Commission on behalf of the Principals
Committee. The Steering Committee shall comprise
[sic] five members. Four of the members shall be appointed by the President, and the fifth member shall be
the Chair of the Commission. Two of the members of
the Committee shall be employees of the Executive Office of the President. The Steering Committee will receive regular reports on the progress of the Commission’s work and approve the submission of reports to
the Principals Committee.
SEC. 4. Mission. The Commission shall: (a) within 30
days of this order, produce a statement of its mission
objectives, which will elaborate the general objectives
set forth in this order, and a detailed schedule for addressing each mission objective, for approval by the
Steering Committee;
(b) identify and consult with: (i) elements of the public and private sectors that conduct, support, or contribute to infrastructure assurance; (ii) owners and operators of the critical infrastructures; and (iii) other
elements of the public and private sectors, including
the Congress, that have an interest in critical infrastructure assurance issues and that may have differing
perspectives on these issues;
(c) assess the scope and nature of the vulnerabilities
of, and threats to, critical infrastructures;
(d) determine what legal and policy issues are raised
by efforts to protect critical infrastructures and assess
how these issues should be addressed;
(e) recommend a comprehensive national policy and
implementation strategy for protecting critical infrastructures from physical and cyber threats and assuring their continued operation;
(f) propose any statutory or regulatory changes necessary to effect its recommendations; and
(g) produce reports and recommendations to the
Steering Committee as they become available; it shall
not limit itself to producing one final report.
SEC. 5. [Revoked by Ex. Ord. No. 13138, § 3(c), Sept. 30,
1999, 64 F.R. 53880.]
SEC. 6. Administration. (a) All executive departments
and agencies shall cooperate with the Commission and
provide such assistance, information, and advice to the
Commission as it may request, to the extent permitted
by law.
(b) The Commission and the Advisory Committee
may hold open and closed hearings, conduct inquiries,
and establish subcommittees, as necessary.
(c) Members of the Advisory Committee shall serve
without compensation for their work on the Advisory
Committee. While engaged in the work of the Advisory
Committee, members may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized
by law for persons serving intermittently in the government service.
(d) To the extent permitted by law, and subject to the
availability of appropriations, the Department of Defense shall provide the Commission and the Advisory
Committee with administrative services, staff, other
support services, and such funds as may be necessary
for the performance of its functions and shall reimburse the executive branch components that provide
representatives to the Commission for the compensation of those representatives.
(e) In order to augment the expertise of the Commission, the Department of Defense may, at the Commission’s request, contract for the services of nongovernmental consultants who may prepare analyses, reports,
background papers, and other materials for consider-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ation by the Commission. In addition, at the Commission’s request, executive departments and agencies
shall request that existing Federal advisory committees consider and provide advice on issues of critical infrastructure protection, to the extent permitted by
law.
(f) The Commission shall terminate 1 year and 90
days from the date of this order, unless extended by the
President prior to that date. The Principals Committee, the Steering Committee, and the Advisory Committee shall terminate no later than September 30,
1998, and, upon submission of the Commission’s report,
shall review the report and prepare appropriate recommendations to the President.
(g) The person who served as Chair of the Commission
may continue to be a member of the Steering Committee after termination of the Commission.
SEC. 7. Review of Commission’s Report. (a) Upon the termination of the Commission as set out in section 6(f) of
this order, certain of the Commission’s staff may be retained no later than September 30, 1998, solely to assist
the Principals, Steering, and Advisory Committees in
reviewing the Commission’s report and preparing recommendations to the President. They shall act under
the direction of the Steering Committee or its designated agent. The Department of Defense shall continue to provide funding and administrative support for
the retained Commission staff.
(b) Pursuant to Executive Order 12958 [50 U.S.C. 435
note], I hereby designate the Executive Secretary of
the National Security Council to exercise the authority
to classify information originally as ‘‘Top Secret’’ with
respect to the work of the Commission staff, the Principals Committee, the Steering Committee, the Advisory Committee, and the Infrastructure Protection
Task Force.
SEC. 8. Interim Coordinating Mission. (a) While the
Commission is conducting its analysis and until the
President has an opportunity to consider and act on its
recommendations, there is a need to increase coordination of existing infrastructure protection efforts in
order to better address, and prevent, crises that would
have a debilitating regional or national impact. There
is hereby established an Infrastructure Protection Task
Force (‘‘IPTF’’) within the Department of Justice,
chaired by the Federal Bureau of Investigation, to undertake this interim coordinating mission.
(b) The IPTF will not supplant any existing programs
or organizations.
(c) The Steering Committee shall oversee the work of
the IPTF.
(d) The IPTF shall include at least one full-time
member each from the Federal Bureau of Investigation,
the Department of Defense, and the National Security
Agency. It shall also receive part-time assistance from
other executive branch departments and agencies.
Members shall be designated by their departments or
agencies on the basis of their expertise in the protection of critical infrastructures. IPTF members’ compensation shall be paid by their parent agency or department.
(e) The IPTF’s function is to identify and coordinate
existing expertise, inside and outside of the Federal
Government, to:
(i) provide, or facilitate and coordinate the provision
of, expert guidance to critical infrastructures to detect,
prevent, halt, or confine an attack and to recover and
restore service;
(ii) issue threat and warning notices in the event advance information is obtained about a threat;
(iii) provide training and education on methods of reducing vulnerabilities and responding to attacks on
critical infrastructures;
(iv) conduct after-action analysis to determine possible future threats, targets, or methods of attack; and
(v) coordinate with the pertinent law enforcement authorities during or after an attack to facilitate any resulting criminal investigation.
(f) All executive departments and agencies shall cooperate with the IPTF and provide such assistance, in-

Page 5492

formation, and advice as the IPTF may request, to the
extent permitted by law.
(g) All executive departments and agencies shall
share with the IPTF information about threats and
warning of attacks, and about actual attacks on critical infrastructures, to the extent permitted by law.
(h) The IPTF shall terminate no later than 180 days
after the termination of the Commission, unless extended by the President prior to that date.
SEC. 9. General. (a) This order is not intended to
change any existing statutes or Executive orders.
(b) This order is not intended to create any right,
benefit, trust, or responsibility, substantive or procedural, enforceable at law or equity by a party against
the United States, its agencies, its officers, or any person.
WILLIAM J. CLINTON.
[Ex. Ord. No. 13138, § 3(c), Sept. 30, 1999, 64 F.R. 53880,
formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title
5, Government Organization and Employees, revoked
‘‘Section 5 and that part of section 6(f) of Executive
Order 13010, as amended by section 3 of Executive Order
13025, Executive Order 13041, sections 1, 2, and that part
of section 3 of Executive Order 13064, and Executive
Order 13077, establishing the Advisory Committee to
the President’s Commission on Critical Infrastructure
Protection’’.]
EXECUTIVE ORDER NO. 13130
Ex. Ord. No. 13130, July 14, 1999, 64 F.R. 38535, which
established the National Infrastructure Assurance
Council, was revoked by Ex. Ord. No. 13231, § 10(e)(iii),
Oct. 16, 2001, 66 F.R. 53070, set out as a note under section 121 of Title 6, Domestic Security.
EX. ORD. NO. 13151. GLOBAL DISASTER INFORMATION
NETWORK
Ex. Ord. No. 13151, Apr. 27, 2000, 65 F.R. 25619, as
amended by Ex. Ord. No. 13284, § 5, Jan. 23, 2003, 68 F.R.
4075, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to establish a Global Disaster Information Network to use information technology
more effectively to reduce loss of life and property
from natural and man-made disasters, it is hereby ordered as follows:
SECTION 1. Policy. (a) It is the policy of this Administration to use information technology more effectively
to coordinate the Federal Government’s collection and
dissemination of information to appropriate response
agencies and State governments to prepare for and respond to natural and man-made disasters (disasters).
As a result of changing population demographics in our
coastal, rural, and urban areas over the past decades,
the loss of life and property (losses) from disasters has
nearly doubled. One of the ways the Federal Government can reduce these losses is to use technology more
effectively to coordinate its collection and dissemination (hereafter referred to collectively as ‘‘provision’’)
of information which can be used in both planning for
and recovering from disasters. While many agencies
provide disaster-related information, they may not always provide it in a coordinated manner. To improve
the provision of disaster-related information, the agencies shall, as set out in this order, use information
technology to coordinate the Federal Government’s
provision of information to prepare for, respond to, and
recover from domestic disasters.
(b) It is also the policy of this Administration to use
information technology and existing channels of disaster assistance to improve the Federal Government’s
provision of information that could be helpful to foreign governments preparing for or responding to foreign disasters. Currently, the United States Government provides disaster-related information to foreign
governments and relief organizations on humanitarian
grounds at the request of foreign governments and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

where appropriate. This information is supplied by Federal agencies on an ad hoc basis. To increase the effectiveness of our response to foreign disasters, agencies
shall, where appropriate, use information technology to
coordinate the Federal Government’s provision of disaster-related information to foreign governments.
(c) To carry out the policies in this order, there is established the Global Disaster Information Network
(Network). The Network is defined as the coordinated
effort by Federal agencies to develop a strategy and to
use existing technical infrastructure, to the extent permitted by law and subject to the availability of appropriations and under the guidance of the Interagency
Coordinating Committee and the Committee Support
Office, to make more effective use of information technology to assist our Government, and foreign governments where appropriate, by providing disaster-related
information to prepare for and respond to disasters.
SEC. 2. Establishment. (a) There is established an
Interagency Coordinating Committee (Committee) to
provide leadership and oversight for the development of
the Network. The Office of the Vice President, the Department of Commerce through the National Oceanic
and Atmospheric Administration, and the Department
of State, respectively, shall designate a representative
to serve as Co-chairpersons of the Committee. The
Committee membership shall comprise representatives
from the following departments and agencies:
(1) Department of State;
(2) Department of Defense;
(3) Department of the Interior;
(4) Department of Agriculture;
(5) Department of Commerce;
(6) Department of Transportation;
(7) Department of Energy;
(8) Department of Homeland Security;
(9) Office of Management and Budget;
(10) Environmental Protection Agency;
(11) National Aeronautics and Space Administration;
(12) United States Agency for International Development;
(13) Federal Emergency Management Agency; and
(14) Central Intelligence Agency.
At the discretion of the Co-chairpersons of the Committee, other agencies may be added to the Committee
membership. The Committee shall include an Executive Secretary to effect coordination between the Cochairpersons of the Committee and the Committee Support Office.
(b) There is established a Committee Support Office
(Support Office) to assist the Committee by developing
plans and projects that would further the creation of
the Network. The Support Office shall, at the request
of the Co-chairpersons of the Committee, carry out
tasks taken on by the Committee.
(c) The National Oceanic and Atmospheric Administration shall provide funding and administrative support for the Committee and the Support Office. To the
extent permitted by law, agencies may provide support
to the Committee and the Support Office to assist them
in their work.
SEC. 3. Responsibilities. (a) The Committee shall:
(1) serve as the United States Government’s single
entity for all matters, both national and international, pertaining to the development and establishment of the Network;
(2) provide leadership and high-level coordination of
Network activities;
(3) provide guidance for the development of Network strategies, goals, objectives, policies, and legislation;
(4) represent and advocate Network goals, objectives, and processes to their respective agencies and
departments;
(5) provide manpower and material support for Network development activities;
(6) develop, delegate, and monitor interagency opportunities and ideas supporting the development of
the Network; and

§ 5195

(7) provide reports, through the Co-chairpersons of
the Committee, to the President as requested or at
least annually.
(b) The Support Office shall:
(1) provide management and administrative support
for the Committee;
(2) develop Network strategies, goals, objectives,
policies, plans, and legislation in accordance with
guidance provided by the Committee;
(3) consult with agencies, States, nongovernment
organizations, and international counterparts in developing Network development tasks;
(4) develop and make recommendations concerning
Network activities to the agencies as approved by the
Committee; and
(5) participate in projects that promote the goals
and objectives of the Network.
SEC. 4. Implementation. (a) The Committee, with the
assistance of the Support Office, shall address national
and international issues associated with the development of the Network within the context of:
(1) promoting the United States as an example and
leader in the development and dissemination of disaster information, both domestically and abroad, and, to
this end, seeking cooperation with foreign governments
and international organizations;
(2) striving to include all appropriate stakeholders in
the development of the Network; and
(3) facilitating the creation of a framework that involves public and private stakeholders in a partnership
for sustained operations of the Network.
(b) Intelligence activities, as determined by the Director of the Central Intelligence Agency, as well as national security-related activities of the Department of
Defense and of the Department of Energy, are exempt
from compliance with this order.
SEC. 5. Tribal Governments. This order does not impose
any requirements on tribal governments.
SEC. 6. Judicial Review. This order does not create any
right or benefit, substantive or procedural, enforceable
by law, by a party against the United States, its officers, its employees, or any other person.
EX. ORD. NO. 13407. PUBLIC ALERT AND WARNING SYSTEM
Ex. Ord. No. 13407, June 26, 2006, 71 F.R. 36975, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42
U.S.C. 5121 et seq.), and the Homeland Security Act of
2002, as amended (6 U.S.C. 101 et seq.), it is hereby ordered as follows:
SECTION 1. Policy. It is the policy of the United States
to have an effective, reliable, integrated, flexible, and
comprehensive system to alert and warn the American
people in situations of war, terrorist attack, natural
disaster, or other hazards to public safety and wellbeing (public alert and warning system), taking appropriate account of the functions, capabilities, and needs
of the private sector and of all levels of government in
our Federal system, and to ensure that under all conditions the President can communicate with the American people.
SEC. 2. Functions of the Secretary of Homeland Security.
(a) To implement the policy set forth in section 1 of
this order, the Secretary of Homeland Security shall:
(i) inventory, evaluate, and assess the capabilities
and integration with the public alert and warning system of Federal, State, territorial, tribal, and local public alert and warning resources;
(ii) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and
operating procedures for the public alert and warning
system to enable interoperability and the secure delivery of coordinated messages to the American people
through as many communication pathways as practicable, taking account of Federal Communications
Commission rules as provided by law;
(iii) ensure the capability to adapt the distribution
and content of communications on the basis of geo-

§ 5195a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

graphic location, risks, or personal user preferences, as
appropriate;
(iv) include in the public alert and warning system
the capability to alert and warn all Americans, including those with disabilities and those without an understanding of the English language;
(v) through cooperation with the owners and operators of communication facilities, maintain, protect,
and, if necessary, restore communications facilities
and capabilities necessary for the public alert and
warning system;
(vi) ensure the conduct of training, tests, and exercises for the public alert and warning system;
(vii) ensure the conduct of public education efforts so
that State, territorial, tribal, and local governments,
the private sector, and the American people understand
the functions of the public alert and warning system
and how to access, use, and respond to information
from the public alert and warning system;
(viii) consult, coordinate, and cooperate with the private sector, including communications media organizations, and Federal, State, territorial, tribal, and local
governmental authorities, including emergency response providers, as appropriate;
(ix) administer the Emergency Alert System (EAS) as
a critical component of the public alert and warning
system; and
(x) ensure that under all conditions the President of
the United States can alert and warn the American
people.
(b) In performing the functions set forth in subsection (a) of this section, the Secretary of Homeland
Security shall coordinate with the Secretary of Commerce, the heads of other departments and agencies of
the executive branch (agencies), and other officers of
the United States, as appropriate, and the Federal
Communications Commission.
(c) The Secretary of Homeland Security may issue
guidance to implement this order.
SEC. 3. Duties of Heads of Departments and Agencies.
(a) The heads of agencies shall provide such assistance and information as the Secretary of Homeland Security may request to implement this order.
(b) In addition to performing the duties specified
under subsection (a) of this section:
(i) the Secretary of Commerce shall make available
to the Secretary of Homeland Security, to assist in implementing this order, the capabilities and expertise of
the Department of Commerce relating to standards,
technology, telecommunications, dissemination systems, and weather;
(ii) the Secretary of Defense shall provide to the Secretary of Homeland Security requirements for the public alert and warning system necessary to ensure proper coordination of the functions of the Department of
Defense with the use of such system;
(iii) the Federal Communications Commission shall,
as provided by law, adopt rules to ensure that communications systems have the capacity to transmit alerts
and warnings to the public as part of the public alert
and warning system; and
(iv) the heads of agencies with capabilities for public
alert and warning shall comply with guidance issued by
the Secretary of Homeland Security under subsection
2(c) of this order, and shall develop and maintain such
capabilities in a manner consistent and interoperable
with the public alert and warning system.
SEC. 4. Reports on Implementation. Not later than 90
days after the date of this order, the Secretary of
Homeland Security shall submit to the President,
through the Assistant to the President for Homeland
Security and Counterterrorism, a plan for the implementation of this order, and shall thereafter submit reports from time to time, and not less often than once
each year, on such implementation, together with any
recommendations the Secretary finds appropriate.
SEC. 5. Amendment, Revocation, and Transition.
(a) [Amended Ex. Ord. No. 12472, set out as a note
above.]
(b) Not later than 120 days after the date of this
order, the Secretary of Homeland Security, after con-

Page 5494

sultation with the Assistant to the President for Homeland Security and Counterterrorism, shall issue guidance under section 2(c) of this order that shall address
the subject matter of the presidential memorandum of
September 15, 1995, for the Director, Federal Emergency Management Agency, on Presidential Communications with the General Public During Periods of
National Emergency, and upon issuance of such guidance such memorandum is revoked.
(c) The Secretary of Homeland Security shall ensure
an orderly and effective transition, without loss of capability, from alert and warning systems available as
of the date of this order to the public alert and warning
system for which this order provides.
SEC. 6. General Provisions. (a) This order shall be implemented in a manner consistent with:
(i) applicable law and presidential guidance, including Executive Order 12472 of April 3, 1984, as amended,
and subject to the availability of appropriations; and
(ii) the authorities of agencies, or heads of agencies,
vested by law.
(b) This order shall not be construed to impair or
otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals.
(c) This order is not intended to, and does not, create
any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the
United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other
person.
GEORGE W. BUSH.

§ 5195a. Definitions
(a) Definitions
For purposes of this subchapter only:
(1) Hazard
The term ‘‘hazard’’ means an emergency or
disaster resulting from—
(A) a natural disaster; or
(B) an accidental or man-caused event.
(2) Natural disaster
The term ‘‘natural disaster’’ means any hurricane, tornado, storm, flood, high water,
wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide,
snowstorm, drought, fire, or other catastrophe
in any part of the United States which causes,
or which may cause, substantial damage or injury to civilian property or persons.
(3) Emergency preparedness
The term ‘‘emergency preparedness’’ means
all those activities and measures designed or
undertaken to prepare for or minimize the effects of a hazard upon the civilian population,
to deal with the immediate emergency conditions which would be created by the hazard,
and to effectuate emergency repairs to, or the
emergency restoration of, vital utilities and
facilities destroyed or damaged by the hazard.
Such term includes the following:
(A) Measures to be undertaken in preparation for anticipated hazards (including the
establishment of appropriate organizations,
operational plans, and supporting agreements, the recruitment and training of personnel, the conduct of research, the procurement and stockpiling of necessary materials
and supplies, the provision of suitable warning systems, the construction or preparation
of shelters, shelter areas, and control centers, and, when appropriate, the non-military evacuation of the civilian population).