This order consolidates the assignment of emergency preparedness functions to various departments and agencies heretofore contained in the 21 Executive orders and 2 Defense Mobilization orders listed in Section 3015 of this order. Assignments have been adjusted to conform to changes in organization which have occurred subsequent to the issuance of those Executive orders and Defense Mobilization orders.
(a) This order is concerned with the emergency national planning
and preparedness functions of the several departments and agencies of the
Federal Government which complement the military readiness planning responsibilities
of the Department of Defense; together, these measures provide the basic
foundation for our overall national preparedness posture, and are fundamental
to our ability to survive.
(b) The departments and agencies of the Federal Government are
hereby severally charged with the duty of assuring the continuity of the
Federal Government in any national emergency type situation that might
confront the nation. To this end, each department and agency with essential
functions, whether expressly identified in this order or not, shall develop
such plans and take such actions, including but not limited to those specified
in this order, as may be necessary to assure that it will be able to perform
its essential functions, and continue as a viable part of the Federal Government,
during any emergency that might conceivably occur. These include plans
for maintaining the continuity of essential functions of the department
or agency at the seat of government and elsewhere, through programs concerned
with:
(1) succession to office;
(2) predelegation of emergency authority;
(3) safekeeping of essential records;
(4) emergency relocation sites supported by communications and required
services;
(5) emergency action steps;
(6) alternate headquarters or command facilities; and
(7) protection of Government resources, facilities, and personnel.
The continuity of Government activities undertaken by the departments and
agencies shall be in accordance with guidance provided by, and subject
to evaluation by, the Director of the Office of Emergency Preparedness.
(c) In addition to the activities indicated above, the heads of departments and agencies described in Parts 2 through 29 of this order shall:
(1) prepare national emergency plans, develop preparedness
programs, and attain an appropriate state of readiness with respect to the functions assigned to them in
this order for all conditions of national emergency;
(2) give appropriate consideration to emergency preparedness factors
in the conduct of the regular functions of their agencies, particularly
those functions considered essential in time of emergency, and
(3) be prepared to implement, in the event of an emergency, all appropriate
plans developed under
this order.
The Director of the Office of Emergency Preparedness, in accordance with the provisions of Executive Order No. 11051 of September 27, 1962, shall advise and assist the President in determining national preparedness goals and policies for the performance of functions under this order and in coordinating the performance of such functions with the total national preparedness program.
The functions assigned by Part 30, General Provisions, apply to all departments and agencies having emergency preparedness responsibilities. Specific functions are assigned to departments and agencies covered in Parts 2 through 29.
The purpose and legal effect of the assignments contained in this order do not constitute authority to implement the emergency plans prepared pursuant to this order. Plans so developed may be effectuated only in the event that authority for such effectuation is provided by a law enacted by the Congress or by an order or directive issued by the President pursuant to statutes or the Constitution of the United States.
The Secretary of State shall prepare national emergency plans and develop preparedness programs to permit modification or expansion of the activities of the Department of State and agencies, boards, and commissions under his jurisdiction in order to meet all conditions of national emergency, including attack upon the United States. The Secretary of State shall provide to all other departments and agencies overall foreign policy direction, coordination, and supervision in the formulation and execution of those emergency preparedness activities which have foreign policy implications, affect foreign relations, or depend directly or indirectly, on the policies and capabilities of the Department of State. The Secretary of State shall develop policies, plans, and procedures for carrying out his responsibilities in the conduct of the foreign relations of the United States under conditions of national emergency, including, but not limited to
(1) the formulation and implementation, in consultation with
the Department of Defense and other appropriate agencies, and the negotiation
of contingency and post-emergency plans with our allies and of the intergovernmental
agreements and arrangements required by such plans;
(2) formulation, negotiation, and execution of policy affecting the
relationships of the United States with neutral States;
(3) formulation and execution of political strategy toward hostile
or enemy States, including the definition of war objectives and the political
means for achieving those objectives;
(4) maintenance of diplomatic and consular representation abroad;
(5) reporting and advising on conditions overseas which bear upon the
national emergency;
(6) carrying out or proposing economic measures with respect to other
nations, including coordination with the export control functions of the
Secretary of Commerce;
(7) mutual assistance activities such as ascertaining requirements
of the civilian economies of other nations, making recommendations to domestic
resource agencies for meeting such requirements, and determining the availability
of and making arrangements for obtaining foreign resources required by
the United States;
(8) providing foreign assistance, including continuous supervision
and general direction of authorized economic and military assistance programs,
and determination of the value thereof;
(9) protection or evacuation of American citizens and nationals abroad
and safeguarding their property;
(10) protection and/or control of international organization and foreign
diplomatic, consular,and other official personnel and property, or other
assets, inthe United States;
(11) documentary control of persons seeking to enter or leave the United
States; and
(12) regulation and control of exports of items on the munitions list.
The Secretary of the Treasury shall develop policies, plans and procedures for the performance of emergency functions with respect to
(1) stabilization aspects of the monetary, credit, and financial
system;
(2) stabilization of the dollar in relation to foreign currencies;
(3) collection of revenue;
(4) regulation of financial institutions;
(5) supervision of the Federal depository system;
(6) direction of transactions in government securities;
(7) tax and debt policies;
(8) participation in bilateral and multilateral financial arrangements
with. foreign governments;
(9) regulation of foreign assets in the United States and of foreign
financial dealings (in consultation with the Secretaries of State and Commerce);
(10) development of procedures for the manufacture and/or issuance
and redemption of securities, stamps, coins, and currency;
(11) development of systems for the issuance and payment of Treasury
checks;
(12) maintenance of the central government accounting and financial
reporting system;
(13) administration of customs laws, tax laws, and laws on control
of alcohol, alcoholic beverages, tobacco, and firearms;
(14) suppression of counterfeiting and forgery of government securities,
stamps, coins, and currency;
(15) protection of the President and the Vice President and other designated
persons;
(16) granting of loans (including participation in or guarantees of
loans) for the expansion of capacity, the development of technological
processes, or the production of essential material; and
(17) to the extent that such functions have not been transferred to
the Secretary of Transportation, enforcement of marine inspection and navigation
laws.
The Secretary shall assume the initiative in developing plans for implementation of national policy on sharing war losses and for the coordination of emergency monetary, credit, and Federal benefit payment programs of those departments and agencies which have responsibilities dependent on the policies or capabilities of the Department.
In addition to the civil defense functions assigned to the Secretary of Defense by Executive Order No. 10952, the Secretary of Defense shall perform the following emergency preparedness functions:
(1) Provide specific strategic guidance as required for emergency
preparedness planning and programming, including, for example, guidance
regarding such factors as accessibility of foreign sources of supply and
estimated shipping loss discounts and aircraft losses in the event of war.
(2) Develop and furnish quantitative and. time-phased military requirements
for selected end-items, consistent with defined military concepts, and
supporting requirements for materials, components, production facilities,
production equipment, petroleum, natural gas, solid fuels, electric power,
food, transportation, and other services needed to carry out specified
Department of Defense current and mobilization procurement, construction,
research and development, and production programs. The items and supporting
resources to be included in such requirements, the periods to be covered,
and the dates for their submission to the appropriate resource agency will
be determined by mutual agreement between the Secretary of Defense and
the head of the appropriate resource agency.
(3) Advise and assist the Office of Emergency Preparedness in developing
a national system of production urgencies.
(4) Advise and assist the Office of Emergency Preparedness in
developing a system, in conjunction with the Department of State, for the
international allocation of critical materials and products among the United
States and the various foreign claimants in the event of an emergency,
including an attack on the United States.
(5) Plan for and administer priorities and allocations authority
delegated to the Department of Defense. Authorize procurement and production
schedules and make allotments of controlled materials pursuant to program
determinations of the Office of Emergency Preparedness.
(6) Assist the Department of Commerce and other appropriate agencies
in the development of the production and distribution controls plans for
use in any period of emergency.
(7) Develop with industry, plans for the procurement and production
of selected military equipment and supplies needed to fulfill emergency
requirements, making maximum use of plants in dispersed locations, and,
where essential and appropriate, providing for alternative sources of supply
in order to minimize the effects of enemy attack.
(8) Develop with industry, plans and programs for minimizing
the effect of attack damage to plants producing major items of military
equipment and supply.
(9) Recommend to the Office of Emergency Preparedness measures
for overcoming potential deficiences in production
capacity to produce selected military supplies and equipment needed
to fulfill emergency requirements, when necessary measures cannot be effected
by the Department of Defense.
(10) Furnish information and recommendations, when requested by the
Office of Emergency Preparedness, for purposes of processing applications
for defense loans under Title III of the Defense Production Act of 1950,
as amended.
(11) Furnish advice and assistance on the utilization of strategic
and critical materials in defense production, including changes that occur
from time to time.
(12) Analyze problems that may arise in maintaining an adequate mobilization
production base in military-product industries and take necessary actions
to overcome these problems within the limits of the authority and funds
available to the Department of Defense.
(13) Assist the Secretary of Commerce with respect to the identification
and evaluation of facilities important to the national defense.
(14) Advise and assist the Office of Emergency Preparedness in the
development and review of standards for the strategic location and physical
security of industries, services, government, and other activities for
which continuing operation is essential to national security, and exercise
physical security cognizance over the facilities assigned to him for such
purpose.
(15) Develop and operate damage assessment systems and assist the Office
of Emergency Preparedness and other departments and agencies in their responsibilities
as stated in Section 3002 (2): participate with the Office of Emergency
Preparedness in the preparation of estimates of potential damage from enemy
attack.
(16) Advise and assist the Office of Emergency Preparedness in the
development of over-all manpower policies to be instituted in the event
of an emergency, including an attack on the United States, including the
provision of information relating to the size and composition of the Armed
Forces.
(17) Advise on existing communications facilities and furnish military
requirements for commercial communications facilities and services in planning
for and in event of an emergency, including an attack on the United States.
(18) Furnish military requirements for all forms of transportation
and transportation facilities in planning for and in the event of emergency,
including an attack upon the United States.
(19) Assist the Office of Emergency Preparedness in preparation
of legislative programs and plans for coordinating nonmilitary support
of emergency preparedness programs.
(20) Develop plans and procedures for the Department of Defense
utilization of noindustrial facilities in the event of an emergency in
order to reduce requirements for new construction and to provide facilities
in a minimum period of time.
(21) Advise and assist the Office of Emergency Preparedness in
(1) determining what key foreign facilities and operating rights
thereto are important to the security of the United States, and
(2) obtaining through appropriate channels protection against sabotage.
(22) Develop plans and procedure to carry out Department of Defense responsibilities stated in the National Censorship
Agreement between the Department of Defense and the Office of Emergency
Preparedness.
(23) Advise and assist the Department of State in planning for the
evacuation of dependents from overseas areas, United States teachers and
administrators in the overseas dependents schools, and such other United
States citizens as may be working in United States schools overseas.
(24) Develop plans for implementation of approved Department of State/Department
of Defense policies and procedures for the protection and evacuation of
United States citizens and certain designated aliens abroad.
(25) Develop plans and procedures for the provision of logistical support
to members of foreign forces, their employees and dependents as may be
present in the United States under the terms of bilateral or multilateral
agreements which authorize such support in the event of a national emergency.
(26) Develop with the Department of Transportation and Federal Communications
Commission plans and programs for the control of air traffic, civil and
military, during an emergency.
(27) Develop with the Federal Communications Commis- sion and the Office
of Telecommunications Management (OEP) plans and programs for the emergency
control of all devices capable of emitting electromagnetic radiation.
The Attorney General shall perform the following emergency preparedness functions:
(1) Emergency documents and measures. Provide advice,
as appropriate, with respect to any emergency directive or procedure prepared
by a department or agency as a part of its emergency preparedness function.
(2) Industry support. As appropriate, review the legal procedures
developed by the Federal agencies concerned to be instituted if it becomes
necessary for the Government to institute extraordinary measures with respect
to vital production facilities, public facilities, communications systems,
transportation systems, or other facility, system, or service essential
to national survival.
(3) Judicial and legislative liaison. In cooperation with the
Office of Emergency Preparedness, maintain liaison with Federal courts
and with the Congress so there will be mutual understanding of Federal
emergency plans involving law enforcement and the exercise of legal powers
during emergencies of various magnitudes.
(4) Legal advice. Develop emergency plans for providing legal
advice to the President, the Cabinet, and the heads of Executive departments
and agencies wherever they may be located in an emergency, and provide
emergency procedures for the review as to form and legality of Presidential
proclamations, Executive orders, directives, regulations, and documents,
and of other documents requiring approval by the President or by the Attorney General which may be issued by authorized
officers after an armed attack.
(5) Alien control and control of entry and departure.
Develop emergency plans for the control of alien enemies and other
aliens within the United States, and in consultation with the Department
of State and Department of the Treasury, develop emergency plans for the
control of persons attempting to enter or leave the United States. These
plans shall specificaily include provisions for the following:
(a) The location, restraint, or custody of alien enemies.
(b) Temporary detention of alien enemies and other persons attempting
to enter the United States pending determination of their admissibility.
(c) Apprehension of deserting alien crewmen and stowaways.
(d) Investigation and control of aliens admitted as contract
laborers.
(e) Control of persons entering or departing from the United
States at designated ports of entry.
(f) Increased surveillance of the borders to preclude prohibited
crossings by persons.
(6) Alien property. Develop emergency plans, in consultation with
the Department of State, for the seizure and administration of property
of alien enemies under provisions
of the Trading with the Enemy Act.
(7) Security standards. In consultation with the Department of
Defense and with other executive agencies, to the extent appropriate, prepare
plans for adjustment of security standards governing the employment of
Federal personnel and Federal contractors in an emergency.
(8) Drug Control. Develop emergency plans and pro- cedures for
the administration of laws governing the import, manufacture, and distribution
of narcotics. Consult with and render all possible aid and assistance to
the Office of Emergency Preparedness, the Department of Health, Educa-
tion, and Welfare, and the General Services Administration in the allocation,
distribution, and, if necessary, the replenish- ment of Government stockpiles
of narcotic drugs.
In consonance with national civil defense programs developed by the Department of Defense, the Attorney General shall:
(1) Local law enforcement. Upon request, consult with
and assist the Department of Defense to plan, develop, and distribute materials
for use in the instruction and training of law enforcement personnel for
civil defense emergency opera- tions; develop and carry out a national
plan for civil defense instruction and training for enforcement officers,
designed to utilize to the maximum extent practicable the resources and
facilities of existing Federal, State, and local public schools. academies,
and other appropriate institutions of learning; and assist the States in
preparing for the conduct of intrastate and interstate law enforcement
operations to meet the extra- ordinary needs that would exist for emergency
police services under conditions of attack or imminent attack.
(2) Penal and correctional institutions. Develop emer- gency
plans and procedures for the custody and protection of prisoners and the
use of Federal penal and correctional insti- tutional resources, when available,
for cooperation with local authorities in connection with mass feeding
and housing, for the storage of standby emergency equipment, for the emer-
gency use of prison hospitals and laboratory facilities, for the continued
availability of prison-industry products, and, in coordination with the
Department of Labor, for the develop- ment of Federal prisoner skills to
appropriately augment the total supply of manpower, advise States and their
political subdivisions regarding the use of State and local prisons, jails,
and prisoners for the purpose of relieving local situations and conditions
arising from a state of emergency.
(3) Identification and location of persons. Develop emer- gency
plans and procedures for the use of the facilities and personnel of the
Department of Justice in assisting the Department of Health, Education,
and Welfare with the development of plans and procedures for the identification
of the dead and the reuniting of families during a civil defense emergency.
The Postmaster General shall prepare plans and programs for emergency mail service and shall cooperate with indicated Federal agencies, in accord- ance with existing agreements or directives, in the following national emergency programs:
(1) Registering of persons. Assist the Department of Health, Education, and Welfare in planning a national program and developing technical guidance for States, and directing Post Office activities concerned with registering persons and families for the purpose of receiving and answering welfare inquiries and reuniting families in civil defense emergencies. The program shall include procurement, transportation, storage, and distribution of safety notification and emergency change of address cards in quantities and localities jointly determined by the Department of Defense and the Post Office Department. (2) Other emergency programs.
(a) Censorship of international mails. (Department of Defense; Department of the Treasury; Office of Emergency Preparedness)
(b) Provision for emergency mail service to Federal agencies at both regular and emergency sites. (General Services Administration)
(c) Emergency registration of Federal employees. (Civil Service Commission)
(d) Emergency leasing of space for Federal agencies. (General Services Administration)
(3) Registration of enemy aliens. (Department of Justice)