[Executive Orders]
Executive Order 12148 directed FEMA to develop a plan to outline how
their agency would cooperate and respond to a nuclear emergency. They
established the Federal Radiological Emergency Response Plan (FRERP).
The DoD developed its own set of instructions to complement the
federal plan on how to respond to nuclear weapons accidents. In
addition, each military service developed its own set of complementary
instructions.
EX. ORD. NO. 12148. FEDERAL EMERGENCY MANAGEMENT
Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended by
Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R. 53071; Ex. Ord. No.
12156, Sept. 10, 1979, 44 F.R. 53073; Ex. Ord. No. 12381, Sept. 8,
1982, 47 F.R. 39795; Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R.
12571; Ex. Ord. No. 12919, Sec. 904(a)(8), June 3, 1994, 59 F.R.
29533, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the Federal
Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et
seq.), the Disaster Relief Act of 1970, as amended (42 U.S.C.
Chapter 58 note), the Disaster Relief Act of 1974 (88 Stat. 143; 42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7701 et seq.), Section 4 of Public Law 92-385 (86 Stat.
556), Section 43 of the Act of August 10, 1956, as amended (50
U.S.C. App. 2285), the National Security Act of 1947, as amended
(see Short Title note set out under 50 U.S.C. 401), the Defense
Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.),
Reorganization Plan No. 1 of 1958 (set out above), Reorganization
Plan No. 1 of 1973 (set out above), the Strategic and Critical
Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.),
Section 202 of the Budget and Accounting Procedures Act of 1950 (31
U.S.C. 581c) (31 U.S.C. 1531), and Section 301 of Title 3 of the
United States Code, and in order to transfer emergency functions to
the Federal Emergency Management Agency, it is hereby ordered as
follows:
SECTION 1. TRANSFERS OR REASSIGNMENTS
1-1. Transfer or Reassignment of Existing Functions.
1-101. All functions vested in the President that have been
delegated or assigned to the Defense Civil Preparedness Agency,
Department of Defense, are transferred or reassigned to the
Director of the Federal Emergency Management Agency.
1-102. All functions vested in the President that have been
delegated or assigned to the Federal Disaster Assistance
Administration, Department of Housing and Urban Development, are
transferred or reassigned to the Director of the Federal Emergency
Management Agency, including any of those functions redelegated or
reassigned to the Department of Commerce with respect to assistance
to communities in the development of readiness plans for severe
weather-related emergencies.
1-103. All functions vested in the President that have been
delegated or assigned to the Federal Preparedness Agency, General
Services Administration, are transferred or reassigned to the
Director of the Federal Emergency Management Agency.
1-104. All functions vested in the President by the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), including
those functions performed by the Office of Science and Technology
Policy, are delegated, transferred, or reassigned to the Director
of the Federal Emergency Management Agency.
1-2. Transfer or Reassignment of Resources.
1-201. The records, property, personnel and positions, and
unexpended balances of appropriations, available or to be made
available, which relate to the functions transferred, reassigned,
or redelegated by this Order are hereby transferred to the Director
of the Federal Emergency Management Agency.
1-202. The Director of the 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
shall establish Federal policies for, and coordinate, all civil
defense and civil emergency planning, management, mitigation, and
assistance functions of Executive agencies.
2-102. The Director shall periodically review and evaluate the
civil defense and civil emergency functions of the Executive
agencies. In order to improve the efficiency and effectiveness of
those functions, the Director shall recommend to the President
alternative methods of providing Federal planning, management,
mitigation, and assistance.
2-103. The Director shall be responsible for the coordination of
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 shall represent the President in working with
State and local governments and private sector to stimulate
vigorous participation in civil emergency preparedness, mitigation,
response, and recovery programs.
2-105. The Director shall provide an annual report to the
President for subsequent transmittal to the Congress on the
functions of the Federal Emergency Management Agency. The report
shall assess the current overall state of 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
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 Director of the Federal
Emergency Management Agency shall be subject to oversight by the
Secretary of Defense and the National Security Council.
2-205. To the extent authorized by law and within available
resources, the Secretary of Defense shall provide the Director of
the Federal Emergency Management Agency with support for civil
defense programs in the areas of program development and
administration, technical support, research, communications,
transportation, intelligence, and emergency operations.
2-206. All Executive agencies shall cooperate with and assist the
Director in the performance of his functions.
2-3. Transition Provisions.
2-301. The functions which have been transferred, reassigned, or
redelegated by Section 1 of this Order are recodified and revised
as set forth in this Order at Section 4, and as provided by the
amendments made at Section 5 to the provisions of other Orders.
2-302. Notwithstanding the revocations, revisions, codifications,
and amendments made by this Order, the Director may continue to
perform the functions transferred to him by Section 1 of this
Order, except where they may otherwise be inconsistent with the
provisions of this Order.
SEC. 3. FEDERAL EMERGENCY MANAGEMENT COUNCIL
(Revoked by Ex. Ord. No. 12919, Sec. 904(a)(8), June 3, 1994, 59
F.R. 29533.)
SEC. 4. DELEGATIONS
4-1. Delegation of Functions Transferred to the President.
4-101. (Revoked by Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R.
53071.)
4-102. The functions vested in the Director of the Office of
Defense Mobilization by Sections 103 and 303 of the National
Security Act of 1947, as amended by Sections 8 and 50 of the Act of
September 3, 1954 (Public Law 779; 68 Stat. 1228 and 1244) (50
U.S.C. 404 and 405), were transferred to the President by Section
1(a) of Reorganization Plan No. 1 of 1958, as amended (50 U.S.C.
App. 2271 note) (now set out above), and they are hereby delegated
to the Director of the Federal Emergency Management Agency.
4-103. (a) The functions vested in the Federal Civil Defense
Administration or its Administrator by the Federal Civil Defense
Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), were
transferred to the President by Reorganization Plan No. 1 of 1958,
and they are hereby delegated to the Director of the Federal
Emergency Management Agency.
(b) Excluded from the delegation in subsection (a) is the
function under Section 205(a)(4) of the Federal Civil Defense Act
of 1950, as amended (50 U.S.C. App. 2286(a)(4)), relating to the
establishment and maintenance of personnel standards on the merit
basis that was delegated to the Director of the Office of Personnel
Management by Section 1(b) of Executive Order No. 11589, as amended
(Section 2-101(b) of Executive Order No. 12107) (5 U.S.C. 3376
note).
4-104. The Director of the Federal Emergency Management Agency is
authorized to redelegate, in accord with the provisions of Section
1(b) of Reorganization Plan No. 1 of 1958 (50 U.S.C. App. 2271
note) (now set out above), any of the functions delegated by
Sections 4-101, 4-102, and 4-103 of this Order.
4-105. The functions vested in the Administrator of the Federal
Civil Defense Administration by Section 43 of the Act of August 10,
1956 (70A Stat. 636) (50 U.S.C. App. 2285), were transferred to the
President by Reorganization Plan No. 1 of 1958, as amended (50
U.S.C. App. 2271 note) (now set out above), were subsequently
revested in the Director of the Office of Civil and Defense
Mobilization by Section 512 of Public Law 86-500 (50 U.S.C. App.
2285) (the office was changed to Office of Emergency Planning by
Public Law 87-296 (75 Stat. 630) and then to the Office of
Emergency Preparedness by Section 402 of Public Law 90-608 (82
Stat. 1194)), were again transferred to the President by Section 1
of Reorganization Plan No. 1 of 1973 (50 U.S.C. App. 2271 note)
(now set out above), and they are hereby delegated to the Director
of the Federal Emergency Management Agency.
4-106. The functions vested in the Director of the Office of
Emergency Preparedness by Section 16 of the Act of September 23,
1950, as amended (20 U.S.C. 646), and by Section 7 of the Act of
September 30, 1950, as amended (20 U.S.C. 241-1), were transferred
to the President by Section 1 of Reorganization Plan No. 1 of 1973
(50 U.S.C. App. 2271 note) (now set out above), and they are hereby
delegated to the Director of the Federal Emergency Management
Agency.
4-107. That function vested in the Director of the Office of
Emergency Preparedness by Section 762(a) of the Higher Education
Act of 1965, as added by Section 161(a) of the Education Amendments
of 1972, and as further amended (20 U.S.C. 1132d-1(a)), to the
extent transferred to the President by Reorganization Plan No. 1 of
1973 (50 U.S.C. App. 2271 note) (now set out above), is hereby
delegated to the Director of the Federal Emergency Management
Agency.
4-2. Delegation of Functions Vested in the President.
4-201. The functions vested in the President by the Disaster
Relief Act of 1970, as amended (42 U.S.C. Chapter 58 note), are
hereby delegated to the Director of the Federal Emergency
Management Agency.
4-202. The functions (related to grants for damages resulting
from hurricane and tropical storm Agnes) vested in the President by
Section 4 of Public Law 92-335 (86 Stat. 556) are hereby delegated
to the Director of the Federal Emergency Management Agency.
Section (sic) 4-203. The functions vested in the President by the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as
amended (42 U.S.C. 5121 et seq.), except those functions vested in
the President by Section 401 (relating to the declaration of major
disasters and emergencies) (42 U.S.C. 5170), Section 501 (relating
to the declaration of emergencies) (42 U.S.C. 5191), Section 405
(relating to the repair, reconstruction, restoration, or
replacement of Federal facilities) (42 U.S.C. 5171), and Section
412 (relating to food coupons and distribution) (42 U.S.C. 5179),
are hereby delegated to the Director of the Federal Emergency
Management Agency.
4-204. The functions vested in the President by the Earthquake
Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.)
are delegated to the Director of the Federal Emergency Management
Agency.
4-205. Effective July 30, 1979, the functions vested in the
President by Section 4(h) of the Commodity Credit Corporation
Charter Act, as amended (15 U.S.C. 714b(h)), are hereby delegated
to the Director of the Federal Emergency Management Agency.
4-206. Effective July 30, 1979, the functions vested in the
President by Section 204(f) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 485(f)),
are hereby delegated to the Director of the Federal Emergency
Management Agency.
4-207. The functions vested in the President by Section 502 of
the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App.
2302), are delegated to the Director of the Federal Emergency
Management Agency.
SEC. 5. OTHER EXECUTIVE ORDERS
5-1. Revocations.
5-101. Executive Order No. 10242, as amended, entitled
''Prescribing Regulations Governing the Exercise by the Federal
Civil Defense Administrator of Certain Administrative Authority
Granted by the Federal Civil Defense Act of 1950'', is revoked.
5-102. Sections 1 and 2 of Executive Order No. 10296, as amended,
entitled ''Providing for the Performance of Certain Defense Housing
and Community Facilities and Service Functions'', are revoked.
5-103. Executive Order No. 10494, as amended, relating to the
disposition of remaining functions, is revoked.
5-104. Executive Order No. 10529, as amended, relating to federal
employee participation in State and local civil defense programs,
is revoked.
5-105. Section 3 of Executive Order No. 10601, as amended, which
concerns the Commodity Set Aside, is revoked.
5-106. Executive Order No. 10634, as amended, relating to loans
for facilities destroyed or damaged by a major disaster, is
revoked.
5-107. Section 4(d)(2) of Executive Order No. 10900, as amended,
which concerns foreign currencies made available to make purchases
for the supplemental stockpile, is revoked.
5-108. Executive Order No. 10952, as amended, entitled
''Assigning Civil Defense Responsibilities to the Secretary of
Defense and Others'', is revoked.
5-109. Executive Order No. 11051, as amended, relating to
responsibilities of the Office of Emergency Preparedness, is
revoked.
5-110. Executive Order No. 11415, as amended, relating to the
Health Resources Advisory Committee, is revoked.
5-111. Executive Order No. 11795, as amended, entitled
''Delegating Disaster Relief Functions Pursuant to the Disaster
Relief Act of 1974'', is revoked, except for Section 3 thereof.
5-112. Executive Order No. 11725, as amended, entitled ''Transfer
of Certain Functions of the Office of Emergency Preparedness'', is
revoked.
5-113. Executive Order No. 11749, as amended, entitled
''Consolidating Disaster Relief Functions Assigned to the Secretary
of Housing and Urban Development'' is revoked.
5-2. Amendments.
5-201. Executive Order No. 10421, as amended, relating to
physical security of defense facilities (formerly set out as a note
under 50 U.S.C. 404) is further amended by (a) substituting the
''Director of the Federal Emergency Management Agency'' for
''Director of the Office of Emergency Planning'' in Sections 1(a),
1(c), and 6(b); and, (b) substituting ''Federal Emergency
Management Agency'' for ''Office of Emergency Planning'' in
Sections 6(b) and 7(b).
5-202. Executive Order No. 10480, as amended (50 U.S.C. App. 2153
note), is further amended by (a) substituting ''Director of the
Federal Emergency Management Agency'' for ''Director of the Office
of Emergency Planning'' in Sections 101(a), 101(b), 201(a), 201(b),
301, 304, 307, 308, 310(b), 311(b), 312, 313, 401(b), 401(e), and
605; and, (b) substituting ''Director of the Federal Emergency
Management Agency'' for ''Administrator of General Services'' in
Sections 305, 501, and 610.
5-203. Section 3(d) of Executive Order No. 10582, as amended,
which relates to determinations under the Buy American Act (41
U.S.C. 10d note) is amended by deleting ''Director of the Office of
Emergency Planning'' and substituting therefor ''Director of the
Federal Emergency Management Agency''.
5-204. Paragraph 21 of Executive Order No. 10789, as amended (50
U.S.C. 1431 note), is further amended by adding ''The Federal
Emergency Management Agency'' after ''Government Printing Office''.
5-205. Executive Order No. 11179, as amended, concerning the
National Defense Executive Reserve (50 U.S.C. App. 2153 note), is
further amended by deleting ''Director of the Office of Emergency
Planning'' in Section 2 and substituting therefor ''Director of the
Federal Emergency Management Agency''.
5-206. Section 7 of Executive Order No. 11912, as amended,
concerning energy policy and conservation (42 U.S.C. 6201 note), is
further amended by deleting ''Administrator of General Services''
and substituting therefor ''Director of the Federal Emergency
Management Agency''.
5-207. Section 2(d) of Executive Order No. 11988 entitled
''Floodplain Management'' (42 U.S.C. 4321 note) is amended by
deleting ''Federal Insurance Administration'' and substituting
therefor ''Director of the Federal Emergency Management Agency''.
5-208. Section 5-3 of Executive Order No. 12046 of March 29, 1978
(47 U.S.C. 305 note), is amended by deleting ''General Services
Administration'' and substituting therefor ''Federal Emergency
Management Agency'' and by deleting ''Administrator of General
Services'' and substituting therefor ''Director of the Federal
Emergency Management Agency''.
5-209. Section 1-201 of Executive Order No. 12065 (50 U.S.C. 435
note) is amended by adding ''The Director of the Federal Emergency
Management Agency'' after ''The Administrator, National Aeronautics
and Space Administration'' and by deleting ''Director, Federal
Preparedness Agency and to the'' from the parentheses after ''The
Administrator of General Services''.
5-210. Section 1-102 of Executive Order No. 12075 of August 16,
1978 (42 U.S.C. 1450 note), is amended by adding in alphabetical
order ''(p) Federal Emergency Management Agency''.
5-211. Section 1-102 of Executive Order No. 12083 of September
27, 1978 (42 U.S.C. 7101 note) is amended by adding in alphabetical
order ''(z) the Director of the Federal Emergency Management
Agency''.
5-212. Section 9.11(b) of Civil Service Rule IX (5 CFR Part 9) (5
U.S.C. 3301 note) is amended by deleting ''the Defense Civil
Preparedness Agency and''.
5-213. (Revoked by Ex. Ord. No. 12381, Sept. 8, 1982, 47 F.R.
39795.)
5-214. Executive Order No. 11490, as amended (see note above) is
further amended as follows:
(a) Delete the last sentence of Section 102(a) and substitute
therefor the following: ''The activities undertaken by the
departments and agencies pursuant to this Order, except as provided
in Section 3003, shall be in accordance with guidance provided by,
and subject to, evaluation by the Director of the Federal Emergency
Management Agency.''.
(b) Delete Section 103 entitled ''Presidential Assistance'' and
substitute the following new Section 103: ''Sec. 103 General
Coordination. The Director of the Federal Emergency Management
Agency (FEMA) shall determine national preparedness goals and
policies for the performance of functions under this Order and
coordinate the performance of such functions with the total
national preparedness programs.''.
(c) Delete the portion of the first sentence of Section 401 prior
to the colon and insert the following: ''The Secretary of Defense
shall perform the following emergency preparedness functions''.
(d) Delete ''Director of the Federal Preparedness Agency (GSA)''
or ''the Federal Preparedness Agency (GSA)'' and substitute
therefor ''Director, FEMA'', in Sections 401(3), 401(4), 401(5),
401(9), 401(10), 401(14), 401(15), 401(16), 401(19), 401(21),
401(22), 501(8), 601(2), 904(2), 1102(2), 1204(2), 1401(a), 1701,
1702, 2003, 2004, 2801(5), 3001, 3002(2), 3004, 3005, 3006, 3008,
3010, and 3013.
(e) The number assigned to this Order shall be substituted for
''11051 of September 27, 1962'' in Section 3001, and for ''11051''
in Sections 1802, 2002(3), 3002 and 3008(1).
(f) The number assigned to this Order shall be substituted for
''10952'' in Sections 1103, 1104, 1205, and 3002.
(g) Delete ''Department of Defense'' in Sections 502, 601(1),
804, 905, 1103, 1104, 1106(4), 1205, 2002(8), the first sentence of
Section 3002, and Sections 3008(1) and 3010 and substitute therefor
''Director of the Federal Emergency Management Agency.''.
SEC. 6.
This Order is effective July 15, 1979.
(Section 1-106 of Ex. Ord. No. 12155, which enacted sections
4-205 and 4-206 of Ex. Ord. No. 12148, was revoked by Pub. L.
100-180, div. C, title II, Sec. 3203(b), Dec. 4, 1987, 101 Stat.
1247.)
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