The Secretary of Transportation, in carrying out his responsibilities to exercise leadership in transportation matters affecting the national defense and those involving national or regional transportation emergencies, shall prepare emergency plans and develop preparedness programs covering:
(1) Preparation and promulgation of over-all national policies,
plans, and procedures related to providing civil transportation of all
forms - air, ground, water, and pipelines, including public storage and
warehousing (except storage of petroleum and gas and agricultural food
resources including cold storage): Provided that plans for the movement
of petroleum and natural gas through pipelines shall be the responsibility
of the Secretary of the Interior except to the extent that such plans are
a part of functions vested in the Secretary of Transportation by law;
(2) Movement of passengers and materials of all types by all forms
of civil transportation;
(3) Determination of the proper apportionment and allocation for control
of the total civil transportation capacity, or any portion thereof, to
meet over-all essential civil and military needs;
(4) Determination and identification of the transportation resources
available and required to meet all degrees of national emergencies and
regional transportation emergencies;
(5) Assistance to the various States, the local political subdivisions
thereof, and non-governmental organizations and systems engaged in transportation
activities in the preparation of emergency plans;
(6) Rehabilitation and recovery of the Nation's transportation systems;
and
(7) Provisions for port security and safety, for aids to maritime navigation,
and for search and rescue and law enforcement over, upon, and under the
navigable waters of the United States and the high seas.
Functions. In carrying out the provisions of Section 1301, the Secretary of Transportation, with assistance and support of other Federal, State and local governmental agencies, and the transport industries, as appropriate, shall:
(1) Obtain, assemble, analyze, and evaluate data on current
and projected emergency requirements of all claimants for all forms of
civil transportation to meet the needs of the military and of the civil
economy, and on current and projected civil transportation resources --
of all forms available to the United States to move passengers or materials
in an emergency.
(2) Develop plans and procedures to provide - under emergency conditions
- for the collection and analysis of passenger and cargo movement demands
as they relate to the capabilities of the various forms of transport, including
the periodic assessment of over-all transport resources available to meet
emergency requirements.
(3) Conduct a continuing analysis of transportation requirements and
capabilities in relation to economic projections for the purpose of initiating
actions and/or recommending incentive and/or regulatory programs designed
to stimulate government and industry improvement of the structure of the
transportation system for use in an emergency.
(4) Develop systems for the control of the movement of passengers and
cargo by all forms of transportation, except for those resources owned
by, controlled by, or under the jurisdiction of the Department of Defense,
including allocation of resources and assignment of priorities, and develop
policies, standards, and procedures for emergency enforcement of these
controls.
Except for those resources owned by, controlled by, or under the jurisdiction of the Department of Defense, the Secretary of Transportation shall prepare emergency operational plans and programs for, and develop a capability to carry out, the transportation operating responsibilities assigned to the Department, including but not limited to:
(1) Allocating air carrier civil air transportation capacity
and equipment to meet civil and military requirements.
(2) Emergency management, including construction, reconstruction, and
maintenance of the Nation's civil airports, civil aviation operating facilities.
civil aviation services, and civil aircraft (other than air carrier aircraft),
except manufacturing facilities.
(3) Emergency management of all Federal, State, city, local, and other
highways, roads, streets, bridges, tunnels, and appurtenant structures,
including:
(a) The adaptation, development, construction, reconstruction,
and maintenance of the Nation's highway and street systems to meet emergency
requirements;
(b) The protection of the traveling public by assisting State and local
authorities in informing them of the dangers of travel through hazardous
areas; and
(c) The regulation of highway traffic in an emergency through a national
program in cooperation with all Federal, State, and local governmental
units or other agencies concerned.
(4) Emergency plans for urban mass transportation, including:
(a) Providing guidance to urban communities in their emergency
mass transportation planning efforts, either directly or through State,
regional, or metropolitan agencies;
(b) Coordinating all such emergency planning with the Department of
Housing and Urban Development to assure compatibility with emergency plans
for all other aspects of urban development;
(c) Maintaining an inventory of urban mass transportation systems.
(5) Maritime safety and law enforcement over, upon, and under the high seas and waters, subject to the jurisdiction of the United States, in the following specific programs:
(a) Safeguarding vessels, harbors, ports, and waterfront facilities
from destruction, loss or injury, accidents, or other causes of a similar
nature.
(b) Safe passage over, upon, and under the high seas and United States
waters through effective and reliable systems of aids to navigation and
ocean stations.
(c) Waterborne access to ice-bound locations in furtherance of national
economic, scientific, defense, and consumer needs.
(d) Protection of lives, property, natural resources, and national
interests through enforcement of Federal law and timely assistance.
(e) Safety of life and property through regulation of commercial vessels,
their officers and crew, and administration of maritime safety law.
(f) Knowledge of the sea, its boundaries, and its resources through
collection and analysis of data in support of the national interest.
(g) Operational readiness for essential wartime functions.
(6) Planning for the emergency management and operation of the Alaska Railroad,
and for the continuity of railroad and petroleum pipeline safety programs.
(7) Planning for the emergency operation and maintenance of the United
States-controlled sections of the Saint Lawrence Seaway.
The Atomic Energy Commission shall prepare national emergency plans and develop preparedness programs for the continuing conduct of atomic energy activities of the Federal Government. These plans and programs shall be designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States and, consistent with applicable provisions of the Atomic Energy Act of 1954, as amended, shall be closely coordinated with the Department of Defense and the Office of Emergency Preparedness. The Atomic Energy Commission shall:
(1) Production. Continue or resume in an emergency, essential
(a) manufacture, development, and control of nuclear weapons
and equipment, except to the extent that the control over such weapons
and equipment shall have been transferred to the Department of Defense;
(b) development and technology related to reactors;
(c) process development and production of feed material, special nuclear
materials, and other special products;
(d) related raw materials procure- ment, processing, and development;
and
(e) repair, maintenance, and construction related to the above.
(2) Regulation. Continue or resume in an emergency
(a) controlling the possession, use, transfer, import, and
export of atomic materials and facilities; and
(b) ordering the opera- tion or suspension of licensed facilities,
and recapturing from licensees, where necessary, special nuclear materials
whether related to military support or civilian activities.
(3) Public health and safety. Shut down, where required, in anticipation
of an imminent enemy attack on the United States, and maintain under surveillance,
all Commission- owned facilities which could otherwise constitute a signifi-
cant hazard to public health and safety, and insure the development of
appropriate emergency plans for nuclear reactors and other nuclear activities
licensed by the Commission whether privately-owned or Government-owned.
(4) Scientific, technical, and public atomic energy information. Organize,
reproduce, and disseminate appropriate public atomic energy information
and scientific and technical reports and data relating to nuclear science
research, development, engineering, applications, and effects to interested
Government agencies, the scientific and technical communities, and approved,
friendly, and cooperating foreign nations.
(5) International atomic energy affairs. Maintain, in consultation
with the Department of State, essential liaison with foreign nations with
respect to activities of mutual interest involving atomic energy.
(6) Health services. Assist the Department of Health, Education, and
Welfare, consistent with the above require- ments, in integrating into
civilian health programs in an emergency the Commission's remaining health
manpower and facilities not required for the performance of the Commission's
essential emergency functions.
(7) Priorities and allocations. Plan for the administration of any
priorities and allocations authority delegated to the Atomic Energy Commission.
Authorize procurement and production schedules and make allotments of controlled
materials pursuant to program determinations of the Office of Emergency
Preparedness.
As used in this part:
(1) "War Air Service Program" (hereinafter referred to as WASP)
means the program designed to provide for the maintenance of essential
civil air routes and services, and to provide for the distribution and
redistribution of air carrier aircraft among civil air transport carriers
after withdrawal of aircraft allocated to the Civil Reserve Air Fleet.
(2) "Civil Reserve Air Fleet" (hereinafter referred to as CRAF) means
those air carrier aircraft allocated by the Secretary of Transportation
to the Department of Defense to meet essential military needs in the event
of an emergency.
The Civil Aeronautics Board, under the coordinating authority of the Secretary of Transportation, shall:
(1) Distribution of aircraft. Develop plans and be prepared
to carry out such distribution and redistribution of all air carrier civil
aircraft allocated by the Secretary of Transporta- tion among the civil
air transport carriers as may be necessary to assure the maintenance of
essential civil routes and services under WASP operations after the CRAF
requirements have been met.
(2) Economic regulations. Develop plans covering route authorizations
and operations, tariffs, rates, and fares charged the public, mail rates,
government compensation and subsidy, and accounting and contracting procedures
essential to WASP operations.
(3) Operational controls and priorities. Develop plans and procedures
for the administration of operational controls and priorities of passenger
and cargo movements in connection with the utilization of air carrier aircraft
for WASP purposes in an emergency.
(4) Investigation. Maintain the capability to investigate violations
of emergency economic regulations affecting air carrier operations.
(5) Contracting. Prepare to perform as a contracting agency, if such
an agency is necessary, in connection with distribution and redistribution
of aircraft for WASP.
(a) Under guidance of the Secretary of the Treasury, the Export-Import
Bank shall develop plans for the utilization of the resources of the Bank,
or other resources made available to the Bank, in expansion of productive
capacity abroad for essential materials, foreign barter arrangements, acquisition
of emergency imports, and in support of the domestic economy, or any other
plans designed to strengthen the relative position of the Nation and its
allies.
(b) In carrying out the guidance functions described above, the Secretary
of the Treasury shall consult with the Secretary of State and the Secretary
of Commerce as appropriate.
The Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Farm Credit Administration, and the Federal Deposit Insur- ance Coorporation shall participate with the Office of Emergency Preparedness, the Department of the Treasury, and other agencies in the formulation of emergency financial and stabilization policies. The heads of such agencies shall, as appropriate, develop emergency plans, programs, and regula- tions, in consonance with national emergency financial and stabilization plans and policies, to cope with potential economic effects of mobilization or an attack, including, but not limited to, the following:
(1) Money and credit. Provision and regulation of money and
credit in accordance with the needs of the economy, including the acquisition,
decentralization, and distribution of emergency supplies of currency; the
collection of cash items and non-cash items; and the conduct of fiscal
agency and foreign operations.
(2) Financial institutions. Provision for the continued or resumed
operation of banking, savings and loan, and farm credit institutions, including
measures for the re-creation of evidence of assets or liabilities destroyed
or inaccessible.
(3) Liquidity. Provision of liquidity necessary to the continued or
resumed operation of banking, savings and loan, credit unions, and farm
credit institutions, including those damaged or destroyed by enemy action.
(4) Cash withdrawals and credit transfers. Regulation of the withdrawal
of currency and the transfer of credits including deposit and share account
balances.
(5) Insurance. Provision for the assumption and discharge of liability
pertaining to insured deposits and insured savings accounts or withdrawable
shares in banking and savings and loan institutions destroyed or made insolvent.
Heads of agencies shall, as appropriate, participate with the Office
of Emergency Preparedness and the Department of the Treasury in the development
of policies, plans, and procedures for implementation of national policy
on sharing war losses.
As used in this part:
(1) "Common carrier" means any person subject to Commission
regulation engaged in providing for use by the public, for hire, interstate
or foreign communications facilities or services by wire or radio; but
a person engaged in radio broadcasting shall not, insofar as such person
is so engaged, be deemed a common carrier.
(2) "Broadcast facilities" means those stations licensed by the Commission
for the dissemination of radio communications intended to be received by
the public directly or by the intermediary of relay stations.
(3) "Safety and special radio services" includes those non-broadcast
and non-common carrier services which are licensed by the Commission under
the generic designation "safety and special radio services" pursuant to
the Commission's Rules and Regulations.
The Federal Communications Commission shall develop policies, plans, and procedures, in consonance with national telecommunications plans and policies developed pursuant to Executive Order No. 10705, Executive Order No. 10995, Executive Order No. 11051, the Presidential Memorandum of August 21, 1963, "Establishment of the National Communications System", and other appropriate authority, covering:
(1) Common carrier service.
(a) Extension, discontinuance, or reduction of common carrier
facilities or services, and issuance of appropriate authorizations for
such facilities, services, and personnel in an emergency; and control of
all rates, charges, practices, classifications, and regulations for service
to Government and non-Government users during an emergency, in consonance
with overall national economic stabilization policies.
(b) Development and administration of priority systems for public correspondence
and for the use and resumption of leased inter-city private line service
in an emergency.
(c) Use of common carrier facilities and services to overseas points
to meet vital needs in an emergency.
(2) Broadcasting service. Construction, activation, or deactivation of
broadcasting facilities and services, the continuation or suspension of
broadcasting services and facilities, and issuance of appropriate authorizations
for such facilities, services, and personnel in an emergency.
(3) Safety and special radio services. Authorization, opera- tion,
and use of safety and special radio services, facilities, and personnel
in the national interest in an emergency.
(4) Radio frequency assignment. Assignment of radio frequencies to,
and their use by, Commission licensees in an emergency.
(5) Electromagnetic radiation. Closing of any radio station or any
device capable of emitting electro-magnetic radiation or suspension or
amending any rules or regulations applicable thereto, in any emergency, except for those belonging to, or operated by, any department or agency of the United States Government.
(6) Investigation and enforcement. Investigation of viola- tions of pertinent law and regulations in an emergency, and development of procedures designated to initiate, recom- mend, or otherwise bring about appropriate enforcement actions required in the interest of national security.