The Robert T. Stafford Disaster Assistance And Emergency Relief Act,

    13CFR123.1 Chapter I--Small Business Administration Part 123--Disaster Loan Program

  US Code TITLE 50 - War and National Defence CHAPTER 34 - National Emergencies

Executive Orders

    Executive Order 10995
    Telecommunications Management 

    Executive Order 10997 --
    Electric power, petroleum and gas, solid fuels, and minerals

    Executive Order 10998 --
     Food resources, farms, fertilizer, and facilities

    Executive Order 10999 --
    Transportation, the production and distribution of all materials

    Executive Order 11000 --
    Manpower management

     Executive Order 11001 --
    Health and welfare services, and educational programs
     Executive Order 11002 --
    National emergency registration system
      Executive Order 11003 --
    Air travel, airports, operating facilities

       Executive Order 11004 --
    Housing and community facilities

       Executive Order 11005 --
    Interstate Commerce

      Executive Order 11051 --
    Emergency Planning 

      Executive Order 11490 --
    Federal departments and agencies

      Executive Order 12472 --   
    Telecommunications functions

      Executive Order 12656 --
    Continuity of Government

      Executive Order 12919 --
    National Defense Industrial  Preparedness
     Executive Order 12938 --
    Weapons Of Mass Destruction
     Executive Order 13074 --
    Noncombatant Evacuation Operations
"The President has the power to seize property, organize and control the means of production, seize commodities, assign military forces abroad, call reserve forces amounting to 2 1/2 million men to duty, institute martial law, seize and control all menas of transportation, regulate all private enterprise, restrict travel, and in a plethora of particular ways, control the lives of all Americans...

Most [of these laws] remain a a potential source of virtually unlimited power for a President should he choose to activate them. It is possible that some future President could exercise this vast authority in an attempt to place the United States under authoritarian rule.

While the danger of a dictatorship arising through legal means may seem remote to us today, recent history records Hitler seizing control through the use of the emergency powers provisions contained in the laws of the Weimar Republic."

--Joint Statement, Sens. Frank Church (D-ID) and Charles McMathias (R-MD) September 30, 1973

By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), it is hereby ordered as follows:

SECTION 1. Scope. The Secretary of Commerce (hereinafter referred to as the Secretary) shall prepare national emergency plans and develop preparedness programs covering:

    (a) Development and coordination of over-all policies, plans, and procedures for the provision of a centralized control of all modes of transportation in an emergency for the movement of passenger and freight traffic of all types, and the determination of the proper apportionment and allocation of the total civil transportation capacity, or any portion thereof, to meet over-all essential civil and military needs.

    (b) Federal emergency operational responsibilities with respect to: highways, roads, streets, bridges, tunnels, and appurtenances; highway traffic regulation; allocation of air carrier aircraft for essential military and civilian operations; ships in coastal and intercoastal use and ocean shipping, ports and port facilities; and the Saint Lawrence Seaway; except those elements of each normally operated or controlled by the Department of Defense.

    (c) The production and distribution of all materials, the use of all production facilities, the control of all construction materials, and the furnishing of basic industrial services except the following:

        (1) Production and distribution of and use of facilities for petroleum, solid fuels, gas, and electric power;

        (2) Production, processing, distribution and storage of food resources and the use of food resource facilities for such production, processing, distribution, and storage;

        (3) Domestic distribution of farm equipment and fertilizer;

        (4) Use of communications services and facilities, housing, and lodging facilities, and health and welfare facilities;

        (5) Production, and related distribution, of minerals defined as all raw materials of mineral origin (except petroleum, gas, solid fuels, and source materials as defined in the Atomic Energy Act of 1954, as amended) obtained by mining and like operations and processed through the stages specified, and at the facilities designated in an agreement between the Secretary of Commerce and the Secretary of the Interior as being within the emergency preparedness responsibilities of the Secretary of the Interior, and the construction and use of facilities designated as within the responsibilities of the Secretary of the Interior;

        (6) Distribution of items in the supply systems of, or controlled by the Department of Defense and the Atomic Energy Commission, and

        (7) Construction and use of civil aviation facilities.

    (d) Fallout forecasting based on current weather data.

    (e) Collection and reporting of census data for emergency planning purposes. These plans and programs shall be designed to develop a state of readiness in those areas with respect to all degrees of national emergency, including attack upon the United States.

SEC. 2. Transportation Planning and Coordination Function. The Secretary shall develop long range programs designed to integrate the mobilization requirements for movement of all forms of commerce with all forms of national and international transportation systems including air, ground, water, and pipelines, in an emergency; more particularly he shall:

    (a) Resources and requirements. Obtain, assemble, analyze, and evaluate data on the requirements of all claimants for all types of civil transportation to meet the needs of the military and of the civil economy. Consolidate, evaluate, and interpret both current and projected resources and requirements data developed by all Federal agencies concerned with moving passengers or cargo by all modes of transportation for the purpose of initiating actions designed to stimulate government and industry actions to improve the peacetime structure of the transportation system for use in an emergency.

    (b) Economic projections. Conduct a continuing analysis of transportation problems and facilities in relation to long-range economic projections for the purpose of recommending incentive and/or regulatory programs designed to bring all modes of transportation in balance with each other, with current economic conditions, projected peacetime conditions, and with emergency conditions.

    (c) Passenger and cargo movement. Develop plans and procedures which would provide for the central collection and analysis of passenger and cargo movement demands of both shipper and user agencies as they relate to the capabilities of various transport modes in existence at the time, control or delegate control of the priority of movement of passengers and cargo for all modes of transportation by mode or within a mode and develop policies, standards and procedures for emergency enforcement of controls through the use of means such as education, incentives, embargoes, permits, sanctions, clemency policies, etc.

    (d) Emergency transportation functions. In consonance with plans developed by other agencies assigned operational responsibilities in the transportation program, develop plans for and be prepared to provide the administrative facilities for performing emergency transportation functions when required by the President.

SEC. 3. Transportation Operations Planning Functions. The Secretary shall develop plans and procedures in consonance with international treaties and in cooperation with other Federal agencies, the States and their political subdivisions to:

    (a) Highways and streets. Adapt and develop highway and street systems to meet emergency requirements and provide procedures for their repair, restoration, improvement, revision and use as an integral part of the transportation system in an emergency.

    (b) Ocean shipping and ports. To plan for the operation and control of Federal activities concerned with:

        (1) Shipping allocation. Allocation of merchant shipping to meet all national requirements including those for military, foreign assistance, and emergency procurement programs, and those essential to the civilian economy. The term "merchant shipping" and the term "ocean shipping" as used herein include all coastwise and intercoastal, and Great Lakes shipping except that solely engaged in the transportation of passenger and cargo between United States ports.

        (2) Ship acquisition. Provision of ships for ocean shipping by purchase, charter, or requisition, by breakout from the national defense reserve fleet, and by construction.

        (3) Operations. Operation of ocean shipping directly or indirectly.

        (4) Traffic control. Provision for the control of traffic through port areas to assure an orderly and continuous flow of such traffic. The term "port area(s)" as used herein includes any zone contiguous to or associated in the traffic network of an ocean or Great Lakes port, or outport location, including beach loading sites, within which facilities exist for the transshipment of persons and property between domestic carriers and carriers engaged in coastal, intercoastal, and overseas transportation.

        (5) Traffic priority. Administration of priorities for the movement of traffic through port areas.

        (6) Port allocation. Allocation of available ports and port facilities to meet the needs of the Nation and our allies. The term "port facilities" as used herein includes all port facilities (including the Great Lakes), port equipment including harbor craft, and port services normally used in accomplishing the transfer or interchange of cargo and passengers between ocean-going vessels and other media of transportation or in connection therewith.

        (7) Support activities. Performance of supporting activities needed to carry out the above functions, such as: ascertaining national requirements for ocean shipping including those for military and other Federal programs and those essential to the civilian economy, maintenance, repair, and arming of ships, recruitment, training, and assignment of officers and seamen; procurement, warehousing, and issuance of ships stores, supplies, equipment, and spare parts; supervision of stevedoring and bunkering; management of terminals, shipyards, and other facilities; and maintenance, restoration, and provision of port facilities.

    (c) Air carrier civil air transportation. Develop plans for a national program to utilize the air carrier civil air transportation capacity and equipment, both domestically and internationally, in a national emergency, particularly in the following areas concerned with:

        (1) Requirements. Obtaining from the Department of Defense, Civil Aeronautics Board, or other agencies, and analyzing requirements for the services of air carrier aircraft for essential military and civilian use.

        (2) Allocation. Allocation of air carrier aircraft to meet the needs of the Department of Defense for military operations and the Civil Aeronautics Board for essential civilian needs. SEC. 4. Production Functions. Within the areas designated in section 1 (c) hereof, the Secretary shall:

            (a) Requirements. Periodically assemble, develop as appropriate, and evaluate estimated requirements for assigned resources and services taking into account the estimated needs for military, civilian, and foreign purposes. Such evaluation shall take into consideration geographical distribution of requirements in an emergency.

            (b) Resources. Periodically assess assigned resources available from all sources in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas, and develop appropriate recommendations and programs including those necessary for the maintenance of an adequate mobilization base. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

            (c) Priorities and allocations. Develop priorities, allocation, production, and distribution control systems, including provisions for other Federal departments and agencies, as appropriate, to serve as allotting agents for materials made available under such systems for construction and operation of facilities assigned to them.

            (d) New construction. Develop procedures by which new production facility construction proposals will be reviewed for appropriate location in the light of such area factors as locational security, availability of labor, water, housing, and other requirements.

            (e) Industry evaluation. Identify and rate those products and services, and their producing or supporting facilities, which are of exceptional importance to mobilization readiness, national defense, or post-attack survival and recovery.

            (f) Production capability. Analyze potential effects of attack on actual production capability, taking into account the entire production complex including shortages of resources, and conduct studies as a basis for recommending pre-attack measures that would strengthen capabilities for post-attack production.

            (g) Stockpiles. Assist the Office of Emergency Planning in formulating and carrying out plans for stockpiling of strategic and critical materials, and essential survival items.

            (h) Essential activities. Maintain lists of activities essential to defense production and to minimum requirements of the civilian economy, such lists to be used in conjunction with lists of critical occupations.

            (i) Financial aid. Develop plans and procedures for financial aids and incentives, including credit assistance to producers, processors, and distributors of those industries included in section 1(c) hereof, who might need such assistance in various mobilization conditions, particularly those resulting from attack.

            (j) Salvage and rehabilitation. Develop plans for the salvage of stocks and rehabilitation of assigned products and facilities after attack.

SEC. 5. Economic Stabilization. The Secretary shall cooperate with the Office of Emergency Planning in the development of suitable economic stabilization measures providing continuing guidance to the States, their political subdivisions, manufacturers, processors, and the public on the use and conservation of essential commodities in an emergency including rationing.

SEC. 6. Cooperation with Department of Defense. In consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, the Secretary shall:

    (a) Facilities protection. Provide industry protection guidance materials adapted to the needs of assigned facilities and promote a national program to stimulate disaster preparedness and control in order to minimize the effects of overt or covert attack, and to maintain continuity of production and capacity to serve essential users in an emergency. Guidance shall include, but not be limited to, organizing and training facility personnel, personnel shelter, evacuation plans, records protection, continuity of management, emergency repair, deconcentration or dispersal of critical facilities, and industrial mutual aid associations for emergency.

    (b) Public roads control. Develop plans for a national program, in cooperation with all Federal, State and local government units or other agencies concerned, for technical guidance to States and direction of Federal activities relating to highway traffic control problems which may be created during an emergency; and plans for barricading and/or marking streets and highways, leading into or out of restricted fallout areas, for the protection of the public by external containment of traffic through hazardous areas.

    (c) Weather function. Prepare and issue currently, as well as in an emergency, forecasts and estimates of areas likely to be covered by fallout in event of attack and make this information available to the Federal, State, and local authorities for public dissemination.

    (d) Monitoring. Provide for the detection, identification, monitoring, and reporting of chemical, biological and radiological agents at facilities operated or controlled by the Department of Commerce.

    (e) Damage assessment. Maintain a capability to assess the effects of attack on assigned resource areas and departmental installations, other facilities; and maintenance, restoration, and provision of port facilities.

SEC. 7. Claimancy. The Secretary shall prepare plans to claim supporting materials, manpower, equipment, supplies and services which would be needed to carry out assigned responsibilities and other essential functions of the Department from the appropriate agency and shall work with such agencies in developing programs to insure availability of such resources in an emergency.

SEC. 8. Census Data. The Secretary shall provide for the collection and reporting of census information on the status of human and economic resources including population, housing, agriculture, manufacture, mineral industries, business, transportation, foreign trade, construction, and governments, as required for emergency planning purposes.

SEC. 9. Research. Within the framework of Federal research objectives, the Secretary shall supervise or conduct research in areas directly concerned with carrying out his emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving the Department's interest.

SEC. 10. Functional Guidance. The Secretary, in carrying out the functions assigned in this order, shall be guided by the following:

    (a) Interagency cooperation. The Secretary shall assume the initiative in developing joint plans for the coordination of transportation and production programs which involve other departments and agencies which have responsibilities for any segment of such activities. He shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements.

    (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in, coordinating the performance of functions under this order with the total national preparedness program.

    (c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Department of Commerce on the basis that it will have the responsibility for carrying out such programs during an emergency. The Secretary shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, will be in accordance with policy determination by the President.

SEC. 11. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

SEC. 12. Redelegation. The Secretary is hereby authorized to redelegate within the Department of Commerce the functions hereinabove assigned to him.

SEC. 13. Prior Action. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 2 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 653-654), is hereby revoked.

THE WHITE HOUSE, February 16, 1962.