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 Administrator of the Federal Aviation Agency (hereinafter referred to as the Administrator) shall prepare national emergency plans and develop preparedness programs covering the emergency management of the Nation's civil airports, civil aviation operating facilities, civil aviation services, and civil aircraft other than air carrier aircraft. 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.

SEC. 2. Transportation Functions. The Administrator shall:

    (a) National Program Guidance. Develop plans and issue national program guidance designed to utilize to the maximum extent the existing non-military facilities, technical competence and resources of the Federal Government, the States and the local political subdivisions thereof, and non-governmental organizations and systems engaged in aeronautical activities to promote the effective and safe use and maintenance of aeronautical facilities, equipment, and services in an emergency.

    (b) Operations. Formulate plans for the development, utilization, expansion and emergency management of the Nation's civil airports, civil aviation ground facilities and equipment required for essential civil air operations, except manufacturing facilities, but including the development of orders for insuring the continued operation of essential civil airports, civil aviation operating facilities, and civil aviation. equipment.

    (c) Priorities and allocations. Develop plans and procedures for controls, allocations and priorities concerned with the utilization of aircraft other than air carrier aircraft in an emergency.

    (d) 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. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

    (e) Requirements. Determine emergency requirements for material and supplies needed to manufacture, maintain or operate air navigation facilities, civil airports, and civil aircraft for which the Administrator is responsible.

    (f) Claimancy. Prepare plans to claim materials, manpower, equipment, supplies, and services needed to carry out assigned responsibilities and other essential functions of the agency from the appropriate agencies and work with such agencies in developing programs to insure availability of such resources in an emergency.

SEC. 3. 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 Administrator shall:

    (a) Professional training. Prepare and incorporate into appropriate courses dealing with aeronautics and aviation applicable civil defense knowledge and skills necessary to insure the maximum operational effectiveness of essential civil air transportation systems and facilities; and prepare and distribute such civil defense information to the management of air transportation systems and facilities, States and local governments, voluntary agencies, and commercial and professional groups concerned with the development, utilization, expansion, and emergency management of non-military aviation.

    (b) Facilities protection. Analyze the potential effects of attack as a basis for developing and promoting a national program of vulnerability reduction, disaster preparedness, and damage control designed to minimize the effects of overt or covert attack on civil aviation facilities except aircraft manufacturing plants. Such program shall include, but shall not be limited to, guidance with respect to deconcentration and dispersal of facilities and equipment, organization and training of facility employees, shelter, evacuation and relocation plans, records protection, continuity of management, and emergency repair and recovery of facilities.

    (c) Monitoring. Provide for the detection, identification, monitoring, and reporting of chemical, biological, and radiological agents at facilities operated or controlled by the Federal Aviation Agency.

    (d) Decontamination. Provide technical advice, guidance, and consultation to Federal, State and local civil aviation authorities on measures for minimizing the effects of chemical, biological, and radiological contamination of civil airports and civil aviation facilities, aircraft, ground equipment, and personnel.

    (e) Damage assessment. Maintain a capability to assess the effects of attack on all air navigation, air traffic control and aeronautical communications facilities, all civil airports, civil aircraft, and all other facilities essential to safe and effective air transportation operations in a national emergency agency and provide data to the Department of Defense.

    ( f) Salvage and rehabilitation. Develop plans for salvage of supplies and equipment and the rehabilitation or replacement of essential civil aviation systems, facilities, and services after attack, excluding the manufacture of aircraft but including direction of Federal activities for the emergency clearance and restoration of essential civil airports in damaged areas.

SEC. 4. Research. Within the framework of over-all Federal research objectives, the Administrator shall supervise or conduct research directly concerned with carrying out 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 Agency's interest.

SEC. 5. Functional Guidance. The Administrator, in carrying out the functions assigned in this order, shall be guided by the following:

    (a) Interagency cooperation. The Administrator shall work with the Secretary of Commerce, the Civil Aeronautics Board, and heads of other agencies concerned with the development of a national emergency transportation program. In the development of emergency plans and programs pursuant to this order and in the execution of functions assigned thereunder, the Administrator shall perform his functions in a manner compatible with his responsibilities to the Department of Defense under the Federal Aviation Act of 1958, and without compromise of his ability to discharge such responsibilities. Nothing in this order shall be construed to limit the authority vested in the Administrator by the Federal Aviation Act of 1958 with respect to the exercise of the Administrator's authority and responsibility in an "air defense emergency" (as distinguished from a "civil defense emergency"), or other state of emergency as may be declared by the President.

    (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 organizational structure required thereby, shall be developed as an integral part of the continuing activities of the Federal Aviation Agency on the basis that it will have the responsibility for carrying out such programs during an emergency. The Administrator 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. 6. 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. 7. Redelegation. The Administrator of the Federal Aviation Agency is hereby authorized to redelegate within the Agency the functions hereinabove assigned to him.

SEC. 8. Prior Actions. 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. 3 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 655-656) is hereby revoked.

THE WHITE HOUSE, February 16, 1962.