ML19308B885
| ML19308B885 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/20/1979 |
| From: | Carter J PRESIDENT OF U.S. & EXECUTIVE OFFICES |
| To: | NRC COMMISSION (OCM) |
| References | |
| TASK-TF, TASK-TMR NUDOCS 8001170494 | |
| Download: ML19308B885 (7) | |
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43233 Federal Repster h[Q$fdQQkl@fhQCU@$Ok$
Vol 44. No.143 7uesday. buy 24.13:9 Title 3--
F_xecutive Order 12143 of July 20,19 7 The President Federal Emergency danagement Dv the authority vested in me as President by the Constitution and laws of the '
United States of America. includid.g the Federal Civil Defense Act of 1930. as amended (30 U.S.C. A;n. 2251 er see). Se Disaster Relief Act of 1970. as amended (c U.S.C. Ch.2pter 53 note), de Disaster Relief Act of 1974 (8a Stat.
143: 42 U.S.C. 5121 et seg).Se Earthcuaia Hazards Reducnca Act cf.1977 (42 U.S.C.7701 et seq.), Sectica 4 cf ?:blic Law 92-385 (56 Stat. 336). Section 43 cf de Act of August 10. 1936. as amended (30 U.S.C. App. 2085), de National Secunty Act of 1947, as amended. the Defe::se Froductica Act of 1930. as amended (50 U.S C. App. TC61 er se7) Reorgani::atica Flan No.1 of 1933.
Reorganination P!an.h 1 of 1973. &e Strategte and Cntical hiatenals Stecb Piling Act. as amended (50 U.S.C. 98 et seq.). Section :02 of de Budget and Acccunting Procedures Act cf 1920 (31 U.S.C. 3alc), and Secdon 0C1 cf Title 3 af de United States Code. and in order ic 'ransfer emergency functions to de Federal Emergency Management Agency, it is hereby ordered as follows:
Section 1. Transfers or Reassignments 1-1. Tr=sfer orRecssig= en* :fFrisL:g Func:icas.
1-101. All functions vested in de President 6at have been delegated or assigned to the Defense Civil P eparedness Agency. Department of Defense.
are transfened er reassigped to the Director of de Federal Emergency Wa.
agesnent Agency.
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_t-102: All func!fons vested.~a the Fresident dat have been delegated ce assigned to Se Federal Disaster Assistance Administration. Department of Housing and Urban Deve!c;nnent. are transfer ed er reasaigned to the Directer of the Federal Emergency Manage =ent Agency including any of $cse"func-tions redelegated er reassigned to de Depar ment ei Commerce with respect to ass: stance to communities in de development of readiness plans for severe weader-related emergencies.
t-103. A!! functions vested 'n de Fresident that have been delegated cr
' assigned to the Federal Preparedness Agency. General Services Adminisca.
tion. are transferred ce :eassigned to de Cirecter ci de Federal Emergency Management Agency.
1-104. All functicns vested in e President by de Eardquake Hanard.3 Reductica Act of 12 7 (c U.1C. 7701 et seq.i. including dose functions perfonned by de Gifice ci Science and Techncicgy Policy, are delegated.
transferred, or reassigned to &e Directcr of the Federal E=ergency Manage-
=ent Agency.
2-2: Tr:nsr*er or Recsaignn:ena cf Tascu.~ es.
1-201, The reccrds, preperty personnel and positiens, and unexpended ba!.
ancas ci arprognatiocs, avadable ce ta he made availab;e. which reiste :a de functicas *ransfer ed. rearsigned :: rede!egated 'ay th:s Ceder are herecy transferred to de Ciracter ci Ge Federal Emergency.' fanagement Agency.
1-:07 The Directar si te Off!ce ciManag-ment and Sudget shall make su.h deternNnJncas. !saue such Orders..and 3ke all aCrions necessa'"/ cr appropn-eifectuate te nnsiers or reass:gn=ents prov ded by this Cener.
are :1 inclurJng Se cansfer of.5ncs, records. pr:per y and ;er:cnnel w~b m
fad // 7049Y
/
Fodsral Registzr / Vol. 4. No.143 / Tuesday, July 21.19 9 / P esidential Documents i
43240 Section 2. Management of Emegency Planning and Assistance
' 2-1. General.
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2-101. The Director of the Federal Emegency blanagement Agency shall establish Federal policies for, and coordinate, all civd defense and civd emergency planning management. citigatien and assistance !.tctions of Executive agencies.
2-102. The Director shall periodically review and evaluate the en.1 defense and civd emegency functions of the Executive agencies. In order to improve the efficiency and effectiveness of these functions, the Direc cr shall recom-3 mend'to, the President altemative methods of providing Federal planning.
management. mitigation, and assistance.
2-103. The Director shall be respenaible for Se coordination of efforts to s
e' promote dam safety. Ice the coordination of natural and nuclear disaster warning systems. and for the cecrdination cf preparedness and planning.:o reduce the consequences of major terrorist incidents.
2-104. The Director shall represent Se President in working with State and local govemments and private sector to sti=clate vigcrous participation in civil e=ergexy preparedness, mitigation. response. and recovery progams.'
2-105. The Director shall provide an annual report to the President for subsecuent transmittal to the Ccngress on de func:fons of the Federal Emer-gencyManage=ent Agency.The repcet shall assess $e current overall state of effectiveness of Federal civil defense and civil e=er;ency func: ions, orgam:a-tions, resources, and systems and recc==end measures to be taken to im-prove planning, manage =ent, assistance, and re!!ef by all levels of govern-ment, the private sector, and volunteer crgani:stions.
2-2. Implementntion.
2-201. In executing the func:fons under this Orde.. the Director ihall develop '
policies which provide 6at all'cini defense and civil emergency functions.
resources, and systems of Executive agencies.are:
(a) founded en de use of existing organizations, rescurces, and systems to de
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' maximum ex:ent practicabier (b) inteFated effectively.with organizaticns, rescurces, and pregrams.cf State
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and local governments de private sectcr and volunteer organizaticas: and (c) developed. tested and utill:ed to prepare for, mitigate. respond to and recover fr0m ie effects on the population of all forms of emerge.cies.
2-202. Assignments of civil emeq'ency Emetions shrd!. whenever possible, he based en extensions (under emergency conditions) of the regular miss;cns of the Executive agencies.
2-203. For purposes of this Or' den "civd emegency'* =eans any accidental, natural. man-caused. cr wartme e=egency or tnreat dereof. which causes or may cause substantialinjury or harm to the population or substandal damage to or loss of property.
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2 order that civil defense planning cer.:!nues to be f'dly companble on's overad str3tepc pouc'. and in crder to maintain an effecMye f
- 9. ya stratepc nuclear planning and nuclear attack preparedness
,, g
- e development et civil de
- ense ogict33 3nd..g 3
g, e
ire of of de Feder31 Emergency hianage'ne"nt Agenc',' U"ad u'@b y -e Secretary at De:,ense and de Nanonal Secun:y Couned.
i Sn
-205. To de extent uthcr::ed by !aw and widin avadable 'ascurces' <
ecretary ct Defense shall prende te Direc:ct ci te Federal :-
Management Agency wt6 supper: fcr en-d defense ;rc2 rams in I pregam devescpment and ad-'Wstrafica. :echnical su- ~crt. resea-nications, transpct:at:ca. intelligence, and emegency cperat: ens.
2-2CS. AU 7.xecutife agenews shall cooperate wis.and assist Se Citac:ct in
- performanca et ma n;nenen3, l
Federcl Rsgistsr / Vc'. 44. No.143 / Tuesday, July 24, 1979 / Presidential Documents 43241
- 24. 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.
s 2-302. Notwithstanding the revocations, revisions. codifications, and amend.
rnents made by this Order. the Director =ay continue to perform the functions transferred to him by Section 1 of this Order. except where they may.
otherwise be inconsistent with &e provisions of this Order.
Section 3. Federal Emergency 51anagement Council 3-1. Establishment of the Council.
3-101. There is hereby established the Emergency 5tanagement Council.
3-102. The Council shall be composed of the Director of the Federal Emergen.
cy hianagement Agency, who shail be the Chairman, the Director of the Office of hfanagement and Budget and such others as the President may designate.
3-2. Functions of the Council.
3-201. The Council shall advise and assist the President in the oversight and, direction of Federal emergency programs and policies.
3-202. The Council shall provide guidance to the Director of the Federal Emergency hIanagement Agency in the performance of functions vested in him.
3-3. Administrative and GenerclProvisicas.
3-301. The heads of Executive agencies shall cooperate with and assist the Councilin the performance cf its functions.
3-302 The Director of the Federal Emergency N!anagement Agency shall provide the Council with such administrative services and support as may be -
necessary or appropriate.
Section 4. Delegations 4-1. Del elation of Functions Transferred :o the President.
4-101.The following functions were trcnsferred to the Director of the O$ce of Defense N!abili:ation by Section 2 of Reorganization Plan No. 3 of 1953 (50 U.S.C. 404 note): they were subsequent!y transferred to the President by S4ction 1(a) of Reorganization Plan No.1 of 1958, as amended (50 U.S.C. App.
2271 ncte), and they are hereby delegated to the Director of the Federal Emergencyblanagement Agency:
(a) The functicns vested in the Secretaries of $e Army. Navy. Air Force. and Interior by the Strategic and Critical Afaterials Stock Piling Act, as amended (50 U.S.C. 98 et see.). including the functicas vested in the Army and Navy Stunitions Board by iteci (21 of Section 6(a) of that Act (50 U.S.C. 98e(a)(2)).
but excluding the functions vested in the Secretary of the Intenor by Section 7 of that Act (50 U.S.C 98f}.
(b) The functions vested in the hfunitions Board of the Department of Defense by Section 4th) of the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b(hl).
(c) The function vested in the hiuniticas Board of the Department of Defense by Section 204(f)(originally 204(e of de Federal Property and Administrative Senices Act of 1949. as amended (40 U.S.C. 485(f)). ^ 4-102. The func:icns vested in the Director of Se Office of Defense Niobdiza. Lion by Sections 103 and 303 of Se National Security Act of 1947, as amended by Sections 8 and 50 of de Act of September 3.1954 (Public Law - 9. 68 Stat. ) 1228 and 1214) (50 U.S.C. 404 and 403). were transferred to the President by Section 1(a) of Reorgecizatica Plan Sc.1 of 1958. as amended (50 U.S.C. App. \\ j .r w
33:e Tsdrral Register / Vol. 44. No.143 / Tuesday. July 24, 1979 / Presidential Documents 2271 note). and they are hereby delegated to the Director of the Federal Emergern.y hianagement 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 (30 l 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 hlanagement Agency. (bL 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 6f Personnel hianagement by Section 1(b) of Executive Order No. 11589. as amended (Section 2-101(b) of Executive Order No.12107). 4-104. The Director of the Federal Emergency hianagement Agency is author-ized to redelegate. in accord with the provisions of Section 1(b) of Reorganiza-tion Plan No.1 of 1958 (50 U.S.C. App. 2271 note). any of the functions delegated by Sections 4-101. 4-102. and 4-103 of this Order. 4-105. The functions vcated In the Administrator of the Federal Civil Defense Administration by Section 43 of the Act of August 10.1958 (70A Stat. 626) were transferred to the President by Reorgani:ation Plan No. I of 1958, as amended (50 U.S.C. App. 2271 note), were subsequently revested in the Director of the Office of Civil and Defense hfobilization by Section 512 of Public Law 86-500 (50 U.S.C App. 2235) (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 (32 Stat. 1194)). were again transferred to the President by Section 1 of Reorganization. Plfn No.1 of 1973 (50 U.S.C. App. 22 1 note), and they are hereby delegated to the Director of the Federal Emergency h!anagement Agency. 4-100. The functions vested in the Director of the Office of Emergency Preparedness by Section 16 of the Act of September 23,1950, a: amended (20 U.S.C. M6), and by Section 7 of the Act of September 30.1950. as amended (20 U.S.C. 241-1), were transferred to the President by Section 1 of Reorganization Plan No.1 of 1973 (50 U.S.C. App. 2271 note), and they are hereby delegated *to the Director of the Federal Emergency hianagement 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 Arsendments of 1972, and as further amended (20 U.S.C.1132d-l(a)), to the extent transferred to the President by Reorganization Plan No.1 of 1973 [50 U.S.C. App. 2271 note), is hereby delegated to the Director of the Federal Emergency hianagement Agency. 4-2. Delegation of Functions Vestedin the President. ~ ' 4-201. The functions vested in the President by the Disaster Relief Act of 1970. ~ as amended (42 U.S.C. Chapter Sa note), are hereby delegated to the Director of the Federal Emergency hianagement Agency. . 4-202. The functions (related to grants fer damages resulting from hurricane and tropical storm Agnes) vested in the President by Section 4 of Public Law 92-385 (88 Stat. 556) are hereby delegated to the Director of the Federal 4 Emergency hianagement Agency. l 4-203. The functions vested In the President by Se Disaster Relief Act of 1974 l (84 Stat.143: 42 U.S.C. 5121 et seq.), except those functions vested in the i President by Sections 301(relating to the declaration of' emergencies and major disasters). 401 (relating to the repair, reconstruction. restoration, or replace-ment of Federal facilities), and 409 (relating to food coupons and surplus commodities), are hereby delegated to the Director cf the Federal E=ergency hianagement Agency. 5
Fed;ral Register / Vol. 64. No.143 / Tuesday, July 24. 1979 / Presidential Documents 43243 4-204. The functions vested in the President by the Earthquake Hazards Reduction Act of 1977 (91 Stat.1098: 42 U.S.C. 7701 et seq.) are hereby delegated to the Director of the Federal Emergency Nfanagement Agency. Section 5. Other Executive Orders 5-1. Revocations. b101. Executive Order No.10242. as amended. entitled " Prescribing Regula- ~ tions 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 s Facilities and Service Functions", are revoked. 5-103. Executive Order No.10404, 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 fcreign currencies made available to make purchases for the supple-mental 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. Exec *utive 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 Re-sources Advisory Committee. is revok'ed. 5-11t Executive Order No.11795, as amer;ded, entitled " Delegating D saster 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. entit!ed " Consolidating Disas-ter Relief Functions Assigned to the Secretary of Housing andTrban. Develop-ment"is revoked. 5-2. Amendments. 5-201. Executive Order No.10421. as amended. relating to physical security of defense facilities is further amended by (a) substitutmg the " Director of the Federal Emergency N!anagment Agency" for " Director of the Office of Emer-gency Planning" in Sections 1(a),1(c), and 6(b): and. (b) substituting " Federal Emergency Nianagement Agency" for " Office of Emergency Planning" in Sections 6(b) and 7(b). 5-202. Executive Order No.10480. as a:nended, is further amended by (a) substituting " Director of the Federal Emergency Afanagement Agency" for " Director of the Office of Emergency Planning" in Sections 101(a) 101[b). i 201(a). 201(b) 301. 304. 307, 308. 310ib) 311(b) 312. 313. 401(b) 401(e), and 605: and. (b) substituting " Director of the Federal Emergency Nianagement Agency" for " Administrator of General Services
- In Section 610.
3-203. Section 3(d) cf Executive Order No.105a2 as amended, which relates to determinations under Se Buy A:nerican Act u amended by deleting " Director I
l 43211 Fedtral Regist:r / Vol. 44. No.143 / Tuesday. July 24. 1979 / P esidential Documents of the Office of Emergency Planning" and substituting therefor " Director of the Federal Emersency hianagment Agency". t 5-2m. Paragraph 21 of Executive Order No.10739. as amended. is further amended by adding "The Federal Emergency h!anagement Agency" after "Covernment Printing Office". 5-205. Executive Order No.11179, as amended. concernir.g the National Defense Executive Reserve, is further amended by deleting "D: rector of the Office of Emergency Planning"in Section 2 and substituting therefor " Director of the Federal Emergency hianagement Agency **. 5-206. Section 7 of Executive Order No.11912, as amended, concerning energy policy and conservation. is further amended by deleting " Administrator of General Services" and substituting therefor." Director of the Federal Emergen. cy hianagement Agency". 5-207. Section 2(d) of Executive Order No.11988 entitled " Floodplain hiange. ment"is amended by deleting "FederalInsurance Administration" and substi. tuting therefor " Director of the Federal Emergency h!anagement Agency" 5-208. Section 5-3 of Executive Order No.12MS of hiarch 29,1978, is amended by deleting "GeneralServices Administratica"and substituting therefor " Fed. eral Emetyency Management Agency" and by deleting " Administrator of GeneralServices* and substituting therefer " Directer of the Federal Emergen-cy hianagement Agenc.y". 5-209. Section 1-201 of Executive Order No.12003 is amended by adding "The, Director of the Federal Emergency h!anagement Agency" after "The Adminis. trator. National Aerenautics 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, is amended by adding in alphabetical order "(p) Federal Emergency hianage-ment Agency". 5-211. Section 1-102 of Executive Order No.12083 of September 27.1978 is amended by adding in alphabetical order "(x) the Director of the Federal Emergency Nianagement Agency". 5-212. Section 9.11[b) of Civil Service Rule IX (5 CFR Part 9) is amended by deleting "the Defense Civil Preparedness Agency and". ~ 5-213. Section 3(21 of eac'h of the following described Executive orders is amended by adding " Federal Emergency hianagement Agency" immediately after" Department of Transportation". (a) Executive Order No.11331 establishing the Pacific Northwest River Basins Commission. (b) Executive Order No.11345, as amended, establishing the Great Lakes Basin Commission. (c) Executive Order No.11371, as amended. establishing the New England River Basins Commiss!cn. [d] Executive Order No.11578, as amended, establishing the Ohio River Basia ~ Commission. (e) Executive Order No.11658, as amended. establishing the htissouri River Basin Commission. (f) Executive Order No.11659. as amended, estaolishing the IJpper h!ississippi River Basin Commission, s 5-214. Executive Order No.11490, as amended is further amended as follows: (a) Delete the last sentence of Secton 102(a) and substitute therefer the following "The activities undertaken by the departnents and agencies pursu. ant to this Orden except as provided in Section 3003. shall be in accordance
~ Fcdml Register / Vol. 44. No.143 / Tuesday. July 24, 1979 / Presidential Documents 43:45 with guidance provided by, and subject to evaluation by the Director of the Federal Emergency hianagement Agency.". (b) Delete Section 103 entitled " Presidential Assistance" and substitute the following new Section 103: "Sec.103 Cenerel Cocrcinction. The Director of the Federal Emergency h!anagement Agency (FEhiA) shall determine national preparedness go&!s and policies for the performance of functions under this Order and coordinate the performance of such functions with the total nation-al 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 "Directior of the Federal Preparedness Agency (G9A)" or "the Federal Preparedness Agency (CSA)" and substitute therefor " Director. FEh!A", 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) 904l11 1102(2),1204(2),1401(a), 1701.1702, 2003. 2004. 2801(5), 3001, 3002(2), 3004, 205, 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 1103,11N,1205, and 3002. (g) Delete " Department of Defense" Ir Sections 502. 601(1),8N,905,1103,11M, 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 Stanage-ment Agency ". Section 6.This Order is effective July 15.1979. j THE WHITE HOUSE, fuly 20,1979. [FR Doc.%2.*915 Filed 7.D-T 113 pml Bd!ms code 3195-01-M ~ e am i 6 .}}