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NOTES:

Source

(, title VI, § 601, as added , div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, .)

Prior Provisions
Provisions similar to those in this section were contained in section 2251 of Title , Appendix, War and National Defense, prior to repeal by , § 3412(a).

Transfer of Functions
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 sections , , , and of Title , Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section of Title .

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

Multihazard Research, Planning, and Mitigation; Functions, Etc., of Federal Emergency Management Agency
, title III, §§ 301, , Oct. 19, 1980, , as amended by , title III, § 301, Nov. 20, 1981, ; , title II, § 201, Jan. 12, 1983, , provided that: “Sec. 301. It is recognized that natural and manmade hazards may not be independent of one another in any given disaster, and it is also recognized that emergency personnel are often called upon to meet emergencies outside of their primary field of service. Furthermore, planning for and responding to different hazards have certain common elements. To make maximum use of these commonalities, the Director of the Federal Emergency Management Agency (hereinafter referred to as the ‘Director’) is authorized and directed to: “(1) initiate, within one year after the date of enactment of this Act [Oct. 19, 1980], studies with the objective of defining and developing a multihazard research, planning, and implementation process within the Agency; “(2) develop, within one year after the date of enactment of this Act [Oct. 19, 1980], in cooperation with State and local governments, prototypical multihazard mitigation projects which can be used to evaluate several approaches to the varying hazard mitigation needs of State and local governments and to assess the applicability of these prototypes to other jurisdictions with similar needs; “(3) investigate and evaluate, within one year after the date of enactment of this Act [Oct. 19, 1980], the effectiveness of a range of incentives for hazard reductions that can be applied at the State and local government levels; “(4) prepare recommendations as to the need for legislation that will limit the legal liability of those third party persons or groups which are called upon to provide technical assistance and advice to public employees, including policemen, firemen, and transportation employees, who are generally the first to respond to a hazardous incident; which recommendations shall be provided to the appropriate committees of Congress within one hundred and eighty days after the date of enactment of this Act [Oct. 19, 1980]; “(5) prepare, within one hundred and eighty days after the date of enactment of this Act [Oct. 19, 1980], a report on the status of the Agency’s emergency information and communications systems which will provide recommendations on— “(A) the advisability of developing a single, unified emergency information and communication system for use by the Agency in carrying out its emergency management activities; “(B) the potential for using communication and remote sensing satellites as part of the Agency’s emergency information and communication system; and “(C) the type of system to be developed, if needed, including the relationship of the proposed system and its needs to the existing and emerging information and communication systems in other Federal agencies; “(6) conduct a program of multihazard research, planning, and mitigation in coordination with those studies and evaluations authorized in paragraphs (1) through (5), as well as other hazard research, planning, and mitigation deemed necessary by the Director; “(7) conduct emergency first response programs so as to better train and prepare emergency personnel to meet emergencies outside of their primary field of service; and “(8) conduct a program of planning, preparedness, and mitigation related to the multiple direct and indirect hazards resulting from the occurrence of large earthquakes. “Sec. 302. (a) For the fiscal year ending September 30, 1981, there are authorized to be appropriated to the Director $1,000,000 to carry out paragraphs (1) through (5) of section 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 , 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 , 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, F.R. , , as amended , Aug. 26, 1958, ; , § 1, Sept. 22, 1961, ; , title I, § 103(10), Oct. 4, 1961, ; , title III, § 305(11), Aug. 14, 1964, ; , ch. IV, § 402, Oct. 21, 1968, ; Reorg. Plan No. 1 of 1973, § 3(a), eff. July 1, 1973, F.R. , 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 U.S.C. et seq.]. CIVILIAN MOBILIZATION

Section 1. Transfer of Functions to the President
(a) There are hereby transferred to the President of the United States all functions vested by law (including reorganization plan) in the following: The Office of Defense Mobilization, the Director of the Office of Defense Mobilization, the Federal Civil Defense Administration, and the Federal Civil Defense Administrator. (b) The President may from time to time delegate any of the functions transferred to him by subsection (a) of this section to any officer, agency, or employee of the executive branch of the Government, and may authorized such officer, agency, or employee to redelegate any of such functions delegated to him.

Sec. 2. Office of Emergency Preparedness
[The Office of Emergency Preparedness including the offices of Director and Deputy Director, and all offices of Assistant Director, were abolished by Reorg. Plan No. 1 of 1973, § 3(a)(1), eff. July 1, 1973, F.R. , , 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, F.R. , , 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, F.R. , , 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, F.R. , , 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 ( U.S.C. ) 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 () 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 , ch. IV, § 402, Oct. 21, 1968, .]

Sec. 7. Records, Property, Personnel, and Funds
(a) The records, property, personnel, and unexpended balances, available or to be made available, of appropriations, allocations, and other funds of the Office of Defense Mobilization and of the Federal Civil Defense Administration shall, upon the taking effect of the provisions of this reorganization plan, become records, property, personnel, and unexpended balances of the Office of Emergency Preparedness. (b) Records, property, personnel, and unexpended balances, available or to be made available, of appropriations, allocations, and other funds of any agency (including the Office of Emergency Preparedness), relating to functions vested in or delegated or assigned to the Office of Defense Mobilization or the Federal Civil Defense Administration immediately prior to the taking effect of the provisions of this reorganization plan, may be transferred from time to time to any other agency of the Government by the Director of the Bureau of the Budget under authority of this subsection for use, subject to the provisions of the Reorganization Act of 1949, as amended, in connection with any of the said functions authorized at time of transfer under this subsection to be performed by the transferee agency. (c) Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in connection with the provisions of subsections (a) and (b) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. [As amended , ch. IV, § 402, Oct. 21, 1968, .]

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 hereof to hold any office established by section 2 of this reorganization plan until the latter office is filled pursuant to the said section or by recess appointment, as the case may be, but in no event for any period extending more than 120 days after the said effective date.

Sec. 9. Effective Date
The provisions of this reorganization plan shall take effect at the time determined under the provisions of section 6(a) of the Reorganization Act of 1949, as amended, or on July 1, 1958, whichever is later.

Message of the President
To the Congress of the United States: I transmit herewith Reorganization Plan No. 1 of 1958, prepared in accordance with the Reorganization Act of 1949, as amended. The reorganization plan provides new arrangements for the conduct of Federal defense mobilization and civil defense functions. In formulating Reorganization Plan No. 1, I have had the benefit of several studies made by the executive branch as well as those conducted by the Congress. The reorganization plan will overcome the major difficulties revealed by those studies and mentioned in my 1959 budget message where I made the following statement: The structure of Federal organization for the planning, coordination, and conduct of our nonmilitary defense programs has been reviewed, and I have concluded that the existing statues assigning responsibilities for the central coordination and direction of these programs are out of date. The rapid technical advances of military science have led to a serious overlap among agencies carrying on these leadership and planning functions. Because the situation will continue to change and because these functions transcend the responsibility of any single department or agency, I have concluded that they should be vested in no one short of the President. I will make recommendations to the Congress on this subject. The principal effects of the organization plan are— First, it transfers to the President the functions vested by law in the Federal Civil Defense Administration and those so vested in the Office of Defense Mobilization. The result is to establish a single pattern with respect to the vesting of defense mobilization and civil defense functions. At the present time disparity exists in that civil defense functions are vested in the President only to a limited degree while a major part of the functions administered by the Office of Defense Mobilization are vested by law in the President and delegated by him to that Office. Under the plan, the broad program responsibilities for coordinating and conducting the interrelated defense mobilization and civil defense functions will be vested in the President for appropriate delegation as the rapidly changing character of the nonmilitary preparedness program warrants. Second, the reorganization plan consolidates the Office of Defense Mobilization and the Federal Civil Defense Administration to form a new Office of Defense and Civilian Mobilization in the Executive Office of the President. I have concluded that, in many instances, the interests and activities of the Office of Defense Mobilization and the Federal Civil Defense Administration overlap to such a degree that it is not possible to work out a satisfactory division of those activities and interests between the two agencies. I have also concluded that a single civilian mobilization agency of appropriate stature and authority is needed and that such an agency will ensue from the consolidation and from the granting of suitable authority to that agency for directing and coordinating the preparedness activities of the Federal departments and agencies and for providing unified guidance and assistance to the State and local governments. Third, the reorganization plan transfers the membership of the Director of the Office of Defense Mobilization on the National Security Council to the Director of the Office of Defense and Civilian Mobilization and also transfers the Civil Defense Advisory Council to the Office of Defense and Civilian Mobilization. Initially, the Office of Defense and Civilian Mobilization will perform the civil defense and defense mobilization functions now performed by the Office of Defense Mobilization and the Federal Civil Defense Administration. One of its first tasks will be to advise me with respect to the actions to be taken to clarify and expand the roles of the Federal departments and agencies in carrying out nonmilitary defense preparedness functions. After such actions are taken, the direction and coordination of the civil defense and defense mobilization activities assigned to the departments and agencies will comprise a principal remaining responsibility of the Office of Defense and Civilian Mobilization. After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 1 of 1958 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of new officers specified in sections 2 and 3 of the plan. The rates of compensation fixed for these officers are, respectively those which I have found to prevail in respect of comparable officers in the executive branch of the Government. The taking effect of the reorganizations included in Reorganization Plan No. 1 of 1958 will immediately reduce the number of Federal agencies by one and, by providing sounder organizational arrangements for the administration of the affected functions, should promote the increased economy and effectiveness of the Federal expenditures concerned. It is, however, impracticable to itemize at this time the reduction of expenditures which it is probable will be brought about by such taking effect. I urge that the Congress allow the reorganization plan to become effective. Dwight D. Eisenhower. The White House, April 24, 1958.

REORGANIZATION PLAN NO. 1 OF 1973
Eff. July 1, 1973, F.R. , , as amended May 11, 1976, , title V, § 502, 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 of Title 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. , title V, § 502, May 11, 1976, . Section transferred to the Director of the National Science Foundation all functions vested by law in the Office of Science and Technology or the Director or Deputy Director of the Office of Science and Technology.]

Sec. 3. Abolitions
(a) The following are hereby abolished: (1) The Office of Emergency Preparedness including the offices of Director, Deputy Director, and all offices of Assistant Director, and Regional Director of the Office of Emergency Preparedness provided for by sections 2 and 3 of Reorganization Plan No. 1 of 1958 (5 U.S.C., App.). (2) The functions of the Director of the Office of Emergency Preparedness with respect to being a member of the National Security Council. (3) The Civil Defense Advisory Council, created by section 102(a) of the Federal Civil Defense Act of 1950 ( U.S.C. ), together with its functions. (4) The National Aeronautics and Space Council, created by section 201 of the National Aeronautics and Space Act of 1958 ( U.S.C. ), 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 of title of the United States Code, or on July 1, 1973, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: On January 5 I announced a three-part program to streamline the executive branch of the Federal Government. By concentrating less responsibility in the President’s immediate staff and more in the hands of the departments and agencies, this program should significantly improve the services of the Government. I believe these reforms have become so urgently necessary that I intend, with the cooperation of the Congress, to pursue them with all of the resources of my office during the coming year. The first part of this program is a renewed drive to achieve passage of my legislative proposals to overhaul the Cabinet departments. Secondly, I have appointed three Cabinet Secretaries as Counsellors to the President with coordinating responsibilities in the broad areas of human resources, natural resources, and community development, and five Assistants to the President with special responsibilities in the areas of domestic affairs, economic affairs, foreign affairs, executive management, and operations of the White House. The third part of this program is a sharp reduction in the overall size of the Executive Office of the President and a reorientation of that office back to its original mission as a staff for top-level policy formation and monitoring of policy execution in broad functional areas. The Executive Office of the President should no longer be encumbered with the task of managing or administering programs which can be run more effectively by the departments and agencies. I have therefore concluded that a number of specialized operational and program functions should be shifted out of the Executive Office into the line departments and agencies of the Government. Reorganization Plan No. 1 of 1973, transmitted herewith, would effect such changes with respect to emergency preparedness functions and scientific and technological affairs. STREAMLINING THE FEDERAL SCIENCE ESTABLISHMENT When the National Science Foundation was established by an act of the Congress in 1950, its statutory responsibilities included evaluation of the Government’s scientific research programs and development of basic science policy. In the late 1950’s, however, with the effectiveness of the U.S. science effort under serious scrutiny as a result of sputnik, the post of Science Advisor to the President was established. The White House became increasingly involved in the evaluation and coordination of research and development programs and in science policy matters, and that involvement was institutionalized in 1962 when a reorganization plan established the Office of Science and Technology within the Executive Office of the President, through transfer of authorities formerly vested in the National Science Foundation. With advice and assistance from OST during the past decade; the scientific and technological capability of the Government has been markedly strengthened. This administration is firmly committed to a sustained, broadbased national effort in science and technology, as I made plain last year in the first special message on the subject ever sent by a President to the Congress. The research and development capability of the various executive departments and agencies, civilian as well as defense, has been upgraded. The National Science Foundation has broadened from its earlier concentration on basic research support to take on a significant role in applied research as well. It has matured in its ability to play a coordinating and evaluative role within the Government and between the public and private sectors. I have therefore concluded that it is timely and appropriate to transfer to the Director of the National Science Foundation all functions presently vested in the Office of Science and Technology, and to abolish that office. Reorganization Plan No. 1 would effect these changes. The multi-disciplinary staff resources of the Foundation will provide analytic capabilities for performance of the transferred functions. In addition, the Director of the Foundation will be able to draw on expertise from all of the Federal agencies, as well as from outside the Government, for assistance in carrying out his new responsibilities. It is also my intention, after the transfer of responsibilities is effected, to ask Dr. H. Guyford Stever, the current Director of the Foundation, to take on the additional post of Science Adviser. In this capacity, he would advise and assist the White House, Office of Management and Budget, Domestic Council, and other entities within the Executive Office of the President on matters where scientific and technological expertise is called for, and would act as the President’s representative in selected cooperative programs in international scientific affairs, including chairing such joint bodies as the U.S.—U.S.S.R. Joint Commission on Scientific and Technical Cooperation. In the case of national security, the Department of Defense has strong capabilities for assessing weapons needs and for undertaking new weapons development, and the President will continue to draw primarily on this source for advice regarding military technology. The President in special situations also may seek independent studies or assessments concerning military technology from within or outside the Federal establishment, using the machinery of the National Security Council for this purpose, as well as the Science Adviser when appropriate. In one special area of technology—space and aeronautics—a coordinating council has existed within the Executive Office of the President since 1958. This body, the National Aeronautics and Space Council, met a major need during the evolution of our nation’s space program. Vice President Agnew has served with distinction as its chairman for the past four years. At my request, beginning in 1969, the Vice President also chaired a special Space Task Group charged with developing strategy alternatives for a balanced U.S. space program in the coming years. As a result of this work, basic policy issues in the United States space effort have been resolved, and the necessary interagency relationships have been established. I have therefore concluded, with the Vice President’s concurrence, that the Council can be discontinued. Needed policy coordination can now be achieved through the resources of the executive departments and agencies, such as the National Aeronautics and Space Administration, augmented by some of the former Council staff. Accordingly, my reorganization plan proposes the abolition of the National Aeronautics and Space Council. A NEW APPROACH TO EMERGENCY PREPAREDNESS The organization within the Executive Office of the President which has been known in recent years as the Office of Emergency Preparedness dates back, through its numerous predecessor agencies, more than 20 years. It has performed valuable functions in developing plans for emergency preparedness, in administering Federal disaster relief, and in overseeing and assisting the agencies in this area. OEP’s work as a coordinating and supervisory authority in this field has in fact been so effective—particularly under the leadership of General George A. Lincoln, its director for the past four years, who retired earlier this month after an exceptional military and public service career—that the line departments and agencies which in the past have shared in the performance of the various preparedness functions now possess the capability to assume full responsibility for those functions. In the interest of efficiency and economy, we can now further streamline the Executive Office of the President by formally relocating those responsibilities and closing the Office of Emergency Preparedness. I propose to accomplish this reform in two steps. First, Reorganization Plan No. 1 would transfer to the President all functions previously vested by law in the Office or its Director, except the Director’s role as a member of the National Security Council, which would be abolished; and it would abolish the Office of Emergency Preparedness. The functions to be transferred to the President from OEP are largely incidental to emergency authorities already vested in him. They include functions under the Disaster Relief Act of 1970 [ U.S.C. 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, U.S.C. , or () 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, at 299 (relating to the furnishing by the Commissioner of Education of disaster relief assistance for educational purposes) [ U.S.C. 1132d–1]; and functions under Section 232 of the Trade Expansion Act of 1962, as amended ( U.S.C. ), with respect to the conduct of investigations to determine the effects on national security of the importation of certain articles. The Civil Defense Advisory Council within OEP would also be abolished by this plan, as changes in domestic and international conditions since its establishment in 1950 have now obviated the need for a standing council of this type. Should advice of the kind the Council has provided be required again in the future, State and local officials and experts in the field can be consulted on an ad hoc basis. Second, as soon as the plan became effective, I would delegate OEP’s former functions as follows: All OEP responsibilities having to do with preparedness for and relief of civil emergencies and disasters would be transferred to the Department of Housing and Urban Development. This would provide greater field capabilities for coordination of Federal disaster assistance with that provided by States and local communities, and would be in keeping with the objective of creating a broad, new Department of Community Development. OEP’s responsibilities for measures to ensure the continuity of civil government operations in the event of major military attack would be reassigned to the General Services Administration, as would responsibility for resource mobilization including the management of national security stockpiles, with policy guidance in both cases to be provided by the National Security Council, and with economic considerations relating to changes in stockpile levels to be coordinated by the Council on Economic Policy. Investigations of imports which might threaten the national security—assigned to OEP by Section 232 of the Trade Expansion Act of 1962 [ U.S.C. ]—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 of title of the United States Code. In particular, the plan is responsive to the intention of the Congress as expressed in Section , “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 , “to increase the efficiency of the operations of the Government to the fullest extent practicable;” and in Section , “to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions as may not be necessary for the efficient conduct of the Government.” While it is not practicable to specify all of the expenditure reductions and other economies which will result from the actions proposed, personnel and budget savings from abolition of the National Aeronautics and Space Council and the Office of Science and Technology alone will exceed $2 million annually, and additional savings should result from a reduction of Executive Pay Schedule positions now associated with other transferred and delegated functions. The plan has as its one logically consistent subject matter the streamlining of the Executive Office of the President and the disposition of major responsibilities currently conducted in the Executive Office of the President, which can better be performed elsewhere or abolished. The functions which would be abolished by this plan, and the statutory authorities for each, are: (1) the functions of the Director of the Office of Emergency Preparedness with respect to being a member of the National Security Council (Sec. , National Security Act of 1947, as amended, U.S.C. ; and Sec. , Reorganization Plan No. 1 of 1958); (2) the functions of the Civil Defense Advisory Council (Sec. Federal Civil Defense Act of 1950; U.S.C. ); and (3) the functions of the National Aeronautics and Space Council (Sec. , National Aeronautics and Space Act of 1958; U.S.C. ). 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, F.R. , 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, F.R. , 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, F.R. , set out as a note under section of Title , Appendix, War and National Defense.

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

Executive Order No. 10529
Ex. Ord. No. 10529, Apr. 22, 1954, F.R. , as amended by Ex. Ord. No. 10773, July 1, 1958, F.R. ; Ex. Ord. No. 10782, Sept. 6, 1958, F.R. ; Ex. Ord. No. 11051, Sept. 27, 1962, F.R. , 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, F.R. , set out below.

Executive Order No. 10611
Ex. Ord. No. 10611, May 11, 1955, F.R. , 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, F.R. , as amended by Ex. Ord. No. 10782, Sept. 6, 1958, F.R. , which related to the delegation and transfer of functions to the Office of Civil and Defense Mobilization, was superseded by Ex. Ord. No. 11051, Sept. 27, 1962, F.R. , see below.

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

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

Executive Order No. 10958
Ex. Ord. No. 10958, Aug. 14, 1961, F.R. , as amended by Ex. Ord. No. 11051, Sept. 27, 1962, F.R. , 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, F.R. .

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

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

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

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

Executive Order No. 11001
Ex. Ord. No. 11001, Feb. 16, 1962, F.R. , 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, F.R. , see below.

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

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

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

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

Executive Order No. 11051
Ex. Ord. No. 11051, Sept. 27, 1962, F.R. , as amended by Ex. Ord. No. 11075, Jan. 15, 1963, F.R. ; Ex. Ord. No. 11556, Sept. 4, 1970, F.R. ; Ex. Ord. No. 11725, June 27, 1973, F.R. ; Ex. Ord. No. 12046, Mar. 27, 1978, F.R. , which related to responsibility of the Office of Emergency Preparedness, was revoked by section 5–109 of Ex. Ord. No. 12148, July 20, 1979, F.R. , set out below.

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

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

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

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

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

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

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

Executive Order No. 11094
Ex. Ord. No. 11094, Feb. 26, 1963, F.R. , 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, F.R. , see below.

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

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

Executive Order No. 11490
Ex. Ord. No. 11490, Oct. 28, 1969, F.R. , as amended by Ex. Ord. No. 11522, Apr. 6, 1970, F.R. ; Ex. Ord. No. 11556, Sept. 4, 1970, F.R. ; Ex. Ord. No. 11746, Nov. 7, 1973, F.R. ; Ex. Ord. No. 11921, June 11, 1976, F.R. ; Ex. Ord. No. 11953, Jan. 7, 1977, F.R. ; Ex. Ord. No. 12038, Feb. 3, 1978, F.R. ; Ex. Ord. No. 12046, Mar. 27, 1978, F.R. ; Ex. Ord. No. 12107, Dec. 28, 1978, F.R. ; Ex. Ord. No. 12148, July 20, 1979, F.R. ; Ex. Ord. No. 12608, Sept. 9, 1987, F.R. , 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, F.R. , set out below.

Executive Order No. 11522
Ex. Ord. No. 11522, Apr. 6, 1970, F.R. , 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, F.R. .

Executive Order No. 11725
Ex. Ord. No. 11725, June 27, 1973, F.R. , as amended by Ex. Ord. No. 11749, Dec. 10, 1973, F.R. ; Ex. Ord. No. 12046, Mar. 27, 1978, F.R. , 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, F.R. , set out below.

Executive Order No. 11746
Ex. Ord. No. 11746, Nov. 7, 1973, F.R. , 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, F.R. .

Ex. Ord. No. 12148. Federal Emergency Management
Ex. Ord. No. 12148, July 20, 1979, F.R. , as amended by Ex. Ord. No. 12155, Sept. 10, 1979, F.R. ; Ex. Ord. No. 12156, Sept. 10, 1979, F.R. ; Ex. Ord. No. 12381, Sept. 8, 1982, F.R. ; Ex. Ord. No. 12673, Mar. 23, 1989, F.R. ; Ex. Ord. No. 12919, § 904(a)(8), June 3, 1994, F.R. ; Ex. Ord. No. 13286, § 52, Feb. 28, 2003, F.R. , 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 ( U.S.C. et seq.), the Disaster Relief Act of 1970, as amended (42 U.S.C. Chapter 58 note), the Disaster Relief Act of 1974 (; U.S.C. et seq.), the Earthquake Hazards Reduction Act of 1977 ( U.S.C. et seq.), Section 4 of Public Law 92–385 (), Section 43 of the Act of August 10, 1956, as amended ( U.S.C. ), the National Security Act of 1947, as amended [see Short Title note set out under U.S.C. ], the Defense Production Act of 1950, as amended ( U.S.C. 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 ( U.S.C. et seq.), Section 202 of the Budget and Accounting Procedures Act of 1950 ( U.S.C. 581c) [ U.S.C. ], and Section of Title of the United States Code, and in order to transfer emergency functions to the Department of Homeland Security, 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 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 ( U.S.C. 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 Director of the Federal Emergency Management Agency [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 Director [Secretary] shall periodically review and evaluate the civil defense and civil emergency functions of the Executive agencies. In order to improve the efficiency and effectiveness of those functions, the Director [Secretary] shall recommend to the President alternative methods of providing Federal planning, management, mitigation, and assistance. 2–103. The Director [Secretary] shall be responsible for the coordination of efforts to promote dam safety, for the coordination of natural and nuclear disaster warning systems, and for the coordination of preparedness and planning to reduce the consequences of major terrorist incidents. 2–104. The Director [Secretary] 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 [Secretary] 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 Director [Secretary] shall develop policies which provide that all civil defense and civil emergency functions, resources, and systems of Executive agencies are: (a) founded on the use of existing organizations, resources, and systems to the maximum extent practicable; (b) integrated effectively with organizations, resources, and programs of State and local governments, the private sector and volunteer organizations; and (c) developed, tested and utilized to prepare for, mitigate, respond to and recover from the effects on the population of all forms of emergencies. 2–202. Assignments of civil emergency functions shall, whenever possible, be based on extensions (under emergency conditions) of the regular missions of the Executive agencies. 2–203. For purposes of this Order, “civil emergency” means any accidental, natural, man-caused, or wartime emergency or threat thereof, which causes or may cause substantial injury or harm to the population or substantial damage to or loss of property. 2–204. In order that civil defense planning continues to be fully compatible with the Nation’s overall strategic policy, and in order to maintain an effective link between strategic nuclear planning and nuclear attack preparedness planning, the development of civil defense policies and programs by the 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 Director [Secretary] 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 , and as provided by the amendments made at Section to the provisions of other Orders. 2–302. Notwithstanding the revocations, revisions, codifications, and amendments made by this Order, the Director [Secretary] 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, F.R. .]

Sec. 4. Delegations
4–1. Delegation of Functions Transferred to the President. 4–101. [Revoked by Ex. Ord. No. 12155, Sept. 10, 1979, F.R. .] 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; and 1244) ( U.S.C. and ), were transferred to the President by Section 1(a) of Reorganization Plan No. 1 of 1958, as amended ( U.S.C. ) [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 ( U.S.C. 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 ( U.S.C. ), 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) [ U.S.C. ]. 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 ( U.S.C. ) [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) [ U.S.C. ], were transferred to the President by Reorganization Plan No. 1 of 1958, as amended ( U.S.C. ) [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 ( U.S.C. ) [the office was changed to Office of Emergency Planning by Public Law 87–296 () and then to the Office of Emergency Preparedness by Section 402 of Public Law 90–608 ()], were again transferred to the President by Section 1 of Reorganization Plan No. 1 of 1973 ( U.S.C. ) [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 ( U.S.C. ), and by Section 7 of the Act of September 30, 1950, as amended ( U.S.C. ), were transferred to the President by Section 1 of Reorganization Plan No. 1 of 1973 ( U.S.C. ) [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 ( U.S.C. 1132d–1 (a)), to the extent transferred to the President by Reorganization Plan No. 1 of 1973 ( U.S.C. ) [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 () 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 ( U.S.C. et seq.), except those functions vested in the President by Section (relating to the declaration of major disasters and emergencies) [ U.S.C. ], Section (relating to the declaration of emergencies) [ U.S.C. ], Section (relating to the repair, reconstruction, restoration, or replacement of Federal facilities) [ U.S.C. ], and Section (relating to food coupons and distribution) [ U.S.C. ], 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 ( U.S.C. 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 ( U.S.C. ), 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 ( U.S.C. 485 (f)) [now U.S.C. ], 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 ( U.S.C. ), 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 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 U.S.C. ] is further amended by (a) substituting the “Director of the Federal Emergency Management Agency” for “Director of the Office of Emergency Planning” in Sections , , and ; and, (b) substituting “Federal Emergency Management Agency” for “Office of Emergency Planning” in Sections and . 5–202. Executive Order No. 10480, as amended [ U.S.C. ], is further amended by (a) substituting “Director of the Federal Emergency Management Agency” for “Director of the Office of Emergency Planning” in Sections , , , , , , 307, 308, 310 (b), 311 (b), 312, 313, , , and ; and, (b) substituting “Director of the Federal Emergency Management Agency” for “Administrator of General Services” in Sections , , and . 5–203. Section 3(d) of Executive Order No. 10582, as amended, which relates to determinations under the Buy American Act [ U.S.C. ] 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 [ U.S.C. ], is further amended by adding “The Federal Emergency Management Agency” after “Government Printing Office”. 5–205. Executive Order No. 11179, as amended, concerning the National Defense Executive Reserve [ U.S.C. ], is further amended by deleting “Director of the Office of Emergency Planning” in Section 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 [ U.S.C. ], 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” [ U.S.C. ] 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 [ U.S.C. ], 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 [ U.S.C. ] 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 [ U.S.C. ], 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 [ U.S.C. ] 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) [ U.S.C. ] is amended by deleting “the Defense Civil Preparedness Agency and”. 5–213. [Revoked by Ex. Ord. No. 12381, Sept. 8, 1982, F.R. .] 5–214. Executive Order No. 11490, as amended [see note above] is further amended as follows: (a) Delete the last sentence of Section and substitute therefor the following: “The activities undertaken by the departments and agencies pursuant to this Order, except as provided in Section , shall be in accordance with guidance provided by, and subject to, evaluation by the Director of the Federal Emergency Management Agency.”. (b) Delete Section entitled “Presidential Assistance” and substitute the following new Section : “Sec. 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 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 , , , , , , , , , , , , , , , , , , , , , , , , 3004, 3005, 3006, 3008, 3010, and . (e) The number assigned to this Order shall be substituted for “11051 of September 27, 1962” in Section , and for “11051” in Sections , , and 3008 (1). (f) The number assigned to this Order shall be substituted for “10952” in Sections , , , and . (g) Delete “Department of Defense” in Sections , , , , , , , , , the first sentence of Section , 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 , div. C, title II, § 3203(b), Dec. 4, 1987, .]

Ex. Ord. No. 12472. Assignment of National Security and Emergency Preparedness Telecommunications Functions
Ex. Ord. No. 12472, Apr. 3, 1984, F.R. , as amended by Ex. Ord. No. 13286, § 46, Feb. 28, 2003, F.R. , 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 ( U.S.C. ), the National Security Act of 1947, as amended, the Defense Production Act of 1950, as amended ( U.S.C. ), the Federal Civil Defense Act of 1950, as amended ( U.S.C. ), the Disaster Relief Act of 1974 ( U.S.C. ), 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 Federal departments, agencies and other entities, including telecommunications in support of national security leadership and continuity of government; (2) Is capable of satisfying priority telecommunications requirements under all circumstances through use of commercial, government and privately owned telecommunications resources; (3) Incorporates the necessary combination of hardness, redundancy, mobility, connectivity, interoperability, restorability and security to obtain, to the maximum extent practicable, the survivability of national security and emergency preparedness telecommunications in all circumstances, including conditions of crisis or emergency; and (4) Is consistent, to the maximum extent practicable, with other national telecommunications policies. (d) To assist in accomplishing its mission, the NCS shall: (1) serve as a focal point for joint industry-government national security and emergency preparedness telecommunications planning; and (2) establish a joint industry-government National Coordinating Center which is capable of assisting in the initiation, coordination, restoration and reconstitution of national security or emergency preparedness telecommunications services or facilities under all conditions of crisis or emergency. (e) The Secretary of 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 ; 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 [ U.S.C. ]; 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 (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 ( U.S.C. ), should the President issue implementing instructions in accordance with the National Emergencies Act ( U.S.C. ). (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 , (c)–(e), of the Communications Act of 1934, as amended ( U.S.C. ), should the President issue implementing instructions in accordance with the National Emergencies Act ( U.S.C. ).(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. (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 [ U.S.C. ]; the Secretary of Defense, with respect to communications security responsibilities assigned pursuant to Executive Order No. 12333 [ U.S.C. ]; 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 promulgated by and agreements with the Federal Communications Commission, plans and capabilities for, and provide policy and management oversight of, the Emergency Broadcast System, and advise and assist private radio licensees of the Commission in developing emergency communications plans, procedures and capabilities. (c) Department of State. The Secretary of State, in accordance with assigned responsibilities within the Diplomatic Telecommunications System, shall plan for and provide, operate and maintain rapid, reliable and secure telecommunications services to those Federal entities represented at United States diplomatic missions and consular offices overseas. This responsibility shall include the provision and operation of domestic telecommunications in support of assigned national security or emergency preparedness responsibilities. (d) Department of Defense. In addition to the other responsibilities assigned by this Order, the Secretary of Defense shall: (1) Plan for and provide, operate and maintain telecommunications services and facilities adequate to support the National Command Authorities and to execute the responsibilities assigned by Executive Order No. 12333 [ U.S.C. ]; 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 of title , 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 (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 [ U.S.C. ], 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 [ U.S.C. ], 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 [ U.S.C. ], 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.

Ex. Ord. No. 12656. Assignment of Emergency Preparedness Responsibilities
Ex. Ord. No. 12656, Nov. 18, 1988, F.R. , as amended by Ex. Ord. No. 13074, Feb. 9, 1998, F.R. ; Ex. Ord. No. 13228, § 9, Oct. 8, 2001, F.R. ; Ex. Ord. No. 13286, § 42, Feb. 28, 2003, F.R. , 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 () [set out above], the National Security Act of 1947, as amended [ U.S.C. et seq.], the Defense Production Act of 1950, as amended [see U.S.C. ], 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 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: (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 continuity of essential functions in any national security emergency by providing for: succession to office and emergency delegation of authority in accordance with applicable law; safekeeping of essential resources, facilities, and records; and establishment of emergency operating capabilities. Sec. 203. Resource Management. The head of each Federal department and agency, as appropriate within assigned areas of responsibility, shall: (1) Develop plans and programs to mobilize personnel (including reservist programs), equipment, facilities, and other resources; (2) Assess essential emergency requirements and plan for the possible use of alternative resources to meet essential demands during and following national security emergencies; (3) Prepare plans and procedures to share between and among the responsible agencies resources such as energy, equipment, food, land, materials, minerals, services, supplies, transportation, water, and workforce needed to carry out assigned responsibilities and other essential functions, and cooperate with other agencies in developing programs to ensure availability of such resources in a national security emergency; (4) Develop plans to set priorities and allocate resources among civilian and military claimants; (5) identify occupations and skills for which there may be a critical need in the event of a national security emergency. Sec. 204. Protection of Essential Resources and Facilities. The head of each Federal department and agency, within assigned areas of responsibility, shall: (1) Identify facilities and resources, both government and private, essential to the national defense and national welfare, and assess their vulnerabilities and develop strategies, plans, and programs to provide for the security of such facilities and resources, and to avoid or minimize disruptions of essential services during any national security emergency; (2) Participate in interagency activities to assess the relative importance of various facilities and resources to essential military and civilian needs and to integrate preparedness and response strategies and procedures; (3) Maintain a capability to assess promptly the effect of attack and other disruptions during national security emergencies. Sec. 205. Federal Benefit, Insurance, and Loan Programs. The head of each Federal department and agency that administers a loan, insurance, or benefit program that relies upon the Federal Government payment system shall coordinate with the Secretary of the Treasury in developing plans for the continuation or restoration, to the extent feasible, of such programs in national security emergencies. Sec. 206. Research. The Director of the Office of Science and Technology Policy and the heads of Federal departments and agencies having significant research and development programs shall advise the National Security Council 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.

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 industrial products and facilities that are essential to mobilization readiness, national defense, or post-attack survival and recovery; (3) In cooperation with the Secretary of Defense and other Federal departments and agencies, analyze potential effects of national security emergencies on actual production capability, taking into account the entire production complex, including shortages of resources, and develop preparedness measures to strengthen capabilities for production increases in national security emergencies; (4) In cooperation with the Secretary of Defense, perform industry analyses to assess capabilities of the commercial industrial base to support the national defense, and develop policy alternatives to improve the international competitiveness of specific domestic industries and their abilities to meet defense program needs; (5) In cooperation with the Secretary of the Treasury, develop plans for providing emergency assistance to the private sector through direct or participation loans for the financing of production facilities and equipment; (6) In cooperation with the Secretaries of State, Defense, Transportation, and the Treasury, prepare plans to regulate and control exports and imports in national security emergencies; (7) Provide for the collection and reporting of census information on human and economic resources, and maintain a capability to conduct emergency surveys to provide information on the status of these resources as required for national security purposes; (8) Develop overall plans and programs to ensure that the fishing industry continues to produce and process essential protein in national security emergencies; (9) Develop plans to provide meteorological, hydrologic, marine weather, geodetic, hydrographic, climatic, seismic, and oceanographic data and services to Federal, State, and local agencies, as appropriate; (10) In coordination with the Secretary of State and the 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 transfer of certain Federal resources to the jurisdiction and/or operational control of the Department of Defense in national security emergencies; (6) Acting through the Secretary of the Army, develop, with the concurrence of the heads of all affected departments and agencies, overall plans for the management, control, and allocation of all usable waters from all sources within the jurisdiction of the United States. This includes: (a) Coordination of national security emergency water resource planning at the national, regional, State, and local levels; (b) Development of plans to assure emergency provision of water from public works projects under the jurisdiction of the Secretary of the Army to public water supply utilities and critical defense production facilities during national security emergencies; (c) Development of plans to assure emergency operation of waterways and harbors; and (d) Development of plans to assure the provision of potable water; (7) In consultation with the Secretaries of State and Energy, the 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 direction for the stockpiling of strategic and critical materials, conduct storage, maintenance, and quality assurance operations for the stockpile of strategic and critical materials, and formulate plans, programs, and reports relating to the stockpiling of strategic and critical materials.[;] (16) Subject to the direction of the President, and pursuant to procedures to be developed jointly by the Secretary of Defense and the Secretary of State, be responsible for the deployment and use of military forces for the protection of United States citizens and nationals and, in connection therewith, designated other persons or categories of persons, in support of their evacuation from threatened areas overseas. Sec. 502. Support Responsibilities. The Secretary of Defense shall: (1) Advise and assist the heads of other Federal departments and agencies in the development of plans and programs to support national mobilization. This includes providing, as appropriate: (a) Military requirements, prioritized and time-phased to the extent possible, for selected end-items and supporting services, materials, and components; (b) Recommendations for use of financial incentives and other methods to improve defense production as provided by law; and (c) Recommendations for export and import policies; (2) Advise and assist the Secretary of State and the heads of other Federal departments and agencies, as appropriate, in planning for the protection, evacuation, and repatriation of United States citizens in threatened areas overseas; (3) Support the Secretary of Housing and Urban Development and the heads of other agencies, as appropriate, in the development of plans to restore community facilities; (4) Support the Secretary of Energy in international liaison activities pertaining to nuclear materials facilities; (5) In consultation with the Secretaries of State and Commerce, assist the Secretary of the Treasury in the formulation and execution of economic measures that affect other nations; (6) Support the Secretary of State and the heads of other Federal departments and agencies as appropriate in the formulation and implementation of foreign policy, and the negotiation of contingency and post-emergency plans, intergovernmental agreements, and arrangements with allies and friendly nations, which affect national security; (7) Coordinate with the 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. <