Executive Order 12148

EO 12148.pdf

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Executive Order 12148

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Executive Orders
Executive Order 12148--Federal emergency management
Source: The provisions of Executive Order 12148 of July 20, 1979, appear at 44 FR 43239, 3 CFR,
1979 Comp., p. 412, unless otherwise noted.
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, the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.),
Reorganization Plan No. 1 of 1958, Reorganization Plan No. 1 of 1973, 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), and Section 301 of Title 3 of the United
States Code, and in order to transfer emergency functions to the Federal Emergency
Management Agency, it is hereby ordered as follows:
Section 1. Transfers or Reassignments
1-1. Transfer or Reassignment of Existing Functions.
1-101. All functions vested in the President that have been delegated or assigned to the Defense
Civil Preparedness Agency, Department of Defense, are transferred or reassigned to the Director
of the Federal Emergency Management Agency.
1-102. All functions vested in the President that have been delegated or assigned to the Federal
Disaster Assistance Administration, Department of Housing and Urban Development, are
transferred or reassigned to the Director of the Federal Emergency Management Agency,
including any of those functions redelegated or reassigned to the Department of Commerce
with respect to assistance to communities in the development of readiness plans for severe
weather-related emergencies.
1-103. All functions vested in the President that have been delegated or assigned to the Federal
Preparedness Agency, General Services Administration, are transferred or reassigned to the
Director of the Federal Emergency Management Agency.

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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 O ice of Science and
Technology Policy, are delegated, transferred, or reassigned to the Director of the Federal
Emergency Management Agency.
1-2. Transfer or Reassignment of Resources.
1-201. The records, property, personnel and positions, and unexpended balances of
appropriations, available or to be made available, which relate to the functions transferred,
reassigned, or redelegated by this Order are hereby transferred to the Director of the Federal
Emergency Management Agency.
1-202. The Director of the O ice of Management and Budget shall make such determinations,
issue such orders, and take all actions necessary or appropriate to e ectuate the transfers or
reassignments provided by this Order, including the transfer of funds, records, property, and
personnel.
Section 2. Management of Emergency Planning and Assistance
2-1. General.
2-101. The Director of the Federal Emergency Management Agency shall establish Federal
policies for, and coordinate, all civil defense and civil emergency planning, management,
mitigation, and assistance functions of Executive agencies.
2-102. The Director shall periodically review and evaluate the civil defense and civil emergency
functions of the Executive agencies. In order to improve the e iciency and e ectiveness of
those functions, the Director shall recommend to the President alternative methods of
providing Federal planning, management, mitigation, and assistance.
2-103. The Director shall be responsible for the coordination of e orts to promote dam safety,
for the coordination of natural and nuclear disaster warning systems, and for the coordination
of preparedness and planning to reduce the consequences of major terrorist incidents.
2-104. The Director shall represent the President in working with State and local governments
and private sector to stimulate vigorous participation in civil emergency preparedness,
mitigation, response, and recovery programs.
2-105. The Director shall provide an annual report to the President for subsequent transmittal
to the Congress on the functions of the Federal Emergency Management Agency. The report
shall assess the current overall state of e ectiveness 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.

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2-201. In executing the functions under this Order, the Director shall develop policies which
provide that all civil defense and civil emergency functions, resources, and systems of Executive
agencies are:
(a) founded on the use of existing organizations, resources, and systems to the maximum extent
practicable;
(b) integrated e ectively 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
e ects 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, mancaused, 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 e ective link between strategic nuclear
planning and nuclear attack preparedness planning, the development of civil defense policies
and programs by the Director of the Federal Emergency Management Agency shall be subject to
oversight by the Secretary of Defense and the National Security Council.
2-205. To the extent authorized by law and within available resources, the Secretary of Defense
shall provide the Director of the Federal Emergency Management Agency with support for civil
defense programs in the areas of program development and administration, technical support,
research, communications, transportation, intelligence, and emergency operations.
2-206. All Executive agencies shall cooperate with and assist the Director in the performance of
his functions.
2-3. Transition Provisions.
2-301. The functions which have been transferred, reassigned, or redelegated by Section 1 of
this Order are recodified and revised as set forth in this Order at Section 4, and as provided by
the amendments made at Section 5 to the provisions of other Orders.
2-302. Notwithstanding the revocations, revisions, codifications, and amendments made by
this Order, the Director may continue to perform the functions transferred to him by Section 1
of this Order, except where they may otherwise be inconsistent with the provisions of this
Order.
Section 3. Federal Emergency Management Council
3-1. Establishment of the Council.
3-101. There is hereby established the Emergency Management Council.

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3-102. The Council shall be composed of the Director of the Federal Emergency Management
Agency, who shall be the Chairman, the Director of the O ice of Management and Budget and
such others as the President may designate.
3-2. Functions of the Council.
3-201. The Council shall advise and assist the President in the oversight and direction of Federal
emergency programs and policies.
3-202. The Council shall provide guidance to the Director of the Federal Emergency
Management Agency in the performance of functions vested in him.
3-3. Administrative and General Provisions.
3-301. The heads of Executive agencies shall cooperate with and assist the Council in the
performance of its functions.
3-302. The Director of the Federal Emergency Management Agency shall provide the Council
with such administrative services and support as may be necessary or appropriate.
Section 4. Delegations
4-1. Delegation of Functions Transferred to the President.
4-101. [Revoked]
[Sec. 4-101 revoked by Executive Order 12155 of Sept. 10, 1979, 44 FR 53071, 3 CFR, 1979 Comp.,
p. 426. Executive Order 12155 revoked in its entirety as of Jan. 3, 1988 by P.L. 100-180 of Dec. 4,
1987, 101 Stat. 1247, 50 U.S.C. 98 note]
4-102. The functions vested in the Director of the O ice 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), and they are hereby delegated to the Director of the Federal
Emergency Management Agency.
4-103. (a) The functions vested in the Federal Civil Defense Administration or its Administrator
by the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), were
transferred to the President by Reorganization Plan No. 1 of 1958, and they are hereby
delegated to the Director of the Federal Emergency Management Agency.
(b) Excluded from the delegation in subsection (a) is the function under Section 205(a)(4) of the
Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2286(a)(4)), relating to the
establishment and maintenance of personnel standards on the merit basis that was delegated
to the Director of the O ice of Personnel Management by Section 1(b) of Executive Order No.
11589, as amended (Section 2-101(b) of Executive Order No. 12107).

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4-104. The Director of the Federal Emergency Management Agency is authorized to redelegate,
in accord with the provisions of Section 1(b) of Reorganization Plan No. 1 of 1958 (50 U.S.C. App.
2271 note), 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) were transferred to the President by
Reorganization Plan No. 1 of 1958, as amended (50 U.S.C. App. 2271 note), were subsequently
revested in the Director of the O ice of Civil and Defense Mobilization by Section 512 of Public
Law 86-500 (50 U.S.C. App. 2285) [the o ice was changed to O ice of Emergency Planning by
Public Law 87-296 (75 Stat. 630) and to the O ice 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), and they are hereby delegated to
the Director of the Federal Emergency Management Agency.
4-106. The functions vested in the Director of the O ice 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), and they are hereby delegated
to the Director of the Federal Emergency Management Agency.
4-107. That function vested in the Director of the O ice 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-l(a)), to the extent transferred
to the President by Reorganization Plan No. 1 of 1973 (50 U.S.C. App. 2271 note), is hereby
delegated to the Director of the Federal Emergency Management Agency.
4-2. Delegation of Functions Vested in the President.
4-201. The functions vested in the President by the Disaster Relief Act of 1970, as amended (42
U.S.C. Chapter 58 note), are hereby delegated to the Director of the Federal Emergency
Management Agency.
4-202. The functions (related to grants for damages resulting from hurricane and tropical storm
Agnes) vested in the President by Section 4 of Public Law 92-385 (86 Stat. 556) are hereby
delegated to the Director of the Federal Emergency Management Agency.
4-203. The functions vested in the President by the Disaster Relief Act of 1974 (42 U.S.C. 5121 et
seq.), except those functions vested in the President by Section 301 (relating to the declaration
of emergencies and major disasters), Section 401 (relating to the repair, reconstruction,
restoration, or replacement of Federal facilities), and Section 409 (relating to food coupons and
surplus commodities), are hereby delegated to the Director of the Federal Emergency
Management Agency.
[Sec. 4-203 amended by Executive Order 12381 of Sept. 8, 1982, 47 FR 39795, 3 CFR, 1982
Comp., p. 207]

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4-204. The functions vested in the President by the Earthquake Hazards Reduction Act of 1977,
as amended (42 U.S.C. 7701 et seq.), are delegated to the Director of the Federal Emergency
Management Agency.
[Sec. 4-204 amended by Executive Order 12381 of Sept. 8, 1982, 47 FR 39795, 3 CFR, 1982
Comp., p. 207]
4-205. E ective July 30, 1979, the functions vested in the President by Section 4(h) of the
Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b(h)), are hereby
delegated to the Director of the Federal Emergency Management Agency.
[Sec. 4-205 added by Executive Order 12155 of Sept. 10, 1979, 44 FR 53071, 3 CFR, 1979 Comp.,
p. 426. Executive Order 12155 revoked in its entirety as of Jan. 3, 1988 by P.L. 100-180 of Dec. 4,
1987, 101 Stat. 1247, 50 U.S.C. 98 note]
4-206. E ective July 30, 1979, the functions vested in the President by Section 204(f) of the
Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 485(f)), are
hereby delegated to the Director of the Federal Emergency Management Agency.
[Sec. 4-206 added by Executive Order 12155 of Sept. 10, 1979, 44 FR 53071, 3 CFR, 1979 Comp.,
p. 426. Executive Order 12155 revoked in its entirety as of Jan. 3, 1988 by P.L. 100-180 of Dec. 4,
1987, 101 Stat. 1247, 50 U.S.C. 98 note]
4-207. The functions vested in the President by Section 502 of the Federal Civil Defense Act of
1950, as amended (50 U.S.C. App. 2302), are delegated to the Director of the Federal Emergency
Management Agency.
[Sec. 4-207 added by Executive Order 12381 of Sept. 8, 1982, 47 FR 39795, 3 CFR, 1982 Comp., p.
207]
Section 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.

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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 10952, as amended, entitled "Assigning Civil Defense Responsibilities to
the Secretary of Defense and Others", is revoked.
5-109. Executive Order 11051, as amended, relating to responsibilities of the O ice of
Emergency Preparedness, is revoked.
5-110. Executive Order 11415, as amended, relating to the Health Resources Advisory
Committee, is revoked.
5-111. Executive Order 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 11725, as amended, entitled "Transfer of Certain Functions of the O ice
of Emergency Preparedness", is revoked.
5-113. Executive Order 11749, as amended, entitled "Consolidating Disaster Relief Functions
Assigned to the Secretary of Housing and Urban Development" is revoked.
5-2. Amendments.
[Sec. 5-2 amends Executive Order 10421 of Dec. 31, 1952, which was revoked by Executive Order
12656of Nov. 18, 1988; Executive Order 10480of Aug. 14, 1953, Chapter 32; Executive Order
10582of Dec. 17, 1954, Chapter 41; Executive Order 10789of Nov. 14, 1958, Chapter 41; Executive
Order 11179of Sept. 22, 1964, Chapter 44; Executive Order 11331 of Mar. 6, 1967, which was
revoked by Executive Order 12319of Sept. 14, 1981; Executive Order 11345 of Apr. 20, 1967,
which was revoked by Executive Order 12319of Sept. 14, 1981; Executive Order 11371 of Sept. 6,
1967, which was revoked by Executive Order 12319of Sept. 14, 1981; Executive Order 11490 of
Oct. 28, 1969, which was revoked by Executive Order 12656of Nov. 18, 1988; Executive Order
11578 of Jan. 13, 1971, which was revoked by Executive Order 12319of Sept. 14, 1981; Executive
Order 11658 of Mar. 22, 1972, which was revoked by Executive Order 12319of Sept. 14, 1981;
Executive Order 11659 of Mar. 22, 1972, which was revoked by Executive Order 12319of Sept. 14,
1981; Executive Order 11912of Apr. 13, 1976, Chapter 10; Executive Order 11988of May 24, 1977,
Chapter 40; Executive Order 12046of Mar. 27, 1978, Chapter 47; Executive Order 12065 of June
28, 1978, which was revoked by Executive Order 12356of Apr. 2, 1982; Executive Order 12075 of
Aug. 16, 1978, which was revoked by Executive Order 12379 of Aug. 17, 1982; Executive Order

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12083 of Sept. 27, 1978, which was revoked by Executive Order 12379 of Aug. 17, 1982; and Sec.
9.11(b) of Civil Service Rule 9, codified at 5 CFR Part 9. The amendments have been
incorporated into the orders codified in this volume.]
Section 6. This Order is e ective July 15, 1979.

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