Executive Order 11921

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Signed by President  Gerald R. Ford  Friday, June 11, 1976 Federal Register  page & date: 41 FR 24294, Tuesday, June 15, 1976
See the Notes section for a listing of Executive Orders affected by or related to the issuance of this Executive Order.
Executive Order 11921 provides that the President can declare a state of emergency that is not defined, and the United States Congress cannot review this action for six months. — Excerpted from Executive Order 11921 on Wikipedia, the free encyclopedia.

Executive Order 11921 of June 11, 1976

Adjusting Emergency Preparedness Assignments to Organizational and Functional Changes in Federal Departments and Agencies


By virtue of the authority vested in me as President of the United States, and pursuant to Reorganization Plan No. 1 of 1958 (72 Stat. 1799), Reorganization Plan No. 1 of 1973 (87 Stat. 1089), the National Security Act of 1947, as amended (50 U.S.C. 401 et seq.), the Defense Production Act of 1950, as amended (50 App. U.S.C. 2061 et seq.), and the Federal Civil Defense Act of 1950, as amended (50 App. U.S.C. 2251 et seq.), Executive Order No. 11490 of October 28, 1969, is hereby amended as follows:


Section 1. 

The “Table of Contents” is amended as follows:

(a)   In Part 6, delete “Post Office Department” and substitute therefor “United States Postal Service”.
(b)   After Part 15 insert “15A Environmental Protection Agency.”.
(c)   After Part 22 insert “22A National Credit Union Administration.”.
(d)   After Part 28 insert “28A United States Information Agency.”.


Sec. 2.  

The phrase “the Office of Emergency Preparedness” is deleted wherever it occurs, and in its place is inserted the phrase “the Federal Preparedness Agency (GSA)”.


Sec. 3.  

At the end of Section 102(a) add a new sentence as follows: “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 Administrator of General Services who has established within the General Services Administration a subordinance agency, the Federal Preparedness Agency, to assume those functions of the former Office of Emergency Preparedness transferred to the Administrator of General Services by Section 3 of Executive Order No. 11725 of June 27, 1973.”


Sec. 4.  

Amend Section 301(13) to read as follows:

 
“(13)   administration of customs laws, tax laws, the laws on control of alcohol, alcoholic beverage, tobacco, and firearms, and Title XI (Regulation of Explosives) of the Organized Crime Control Act of 1970 (18 U.S.C. Chapter 40);”.


Sec. 5.  

(a) In Section 401(27) delete the phrase “Management (OEP)” and substitute therefor “Policy (35 FR 6421)”.
(b) Add a new Section 401(28) as follows:
“(28) Develop, under the guidance of the Department of the Interior, plans and programs designed to help meet water requirements in an emergency in watershed areas regulated by the Corps of Engineers or other Department of Defense elements.”.
(c) Add a new Section 401(29) as follows:
“(29) Develop plans for emergency assistance to public water supply utilities, working as necessary through agencies having primary responsibility, and with State and local governments.”.
(d) Add a new Section 401(30) as follows:
“(30) In coordination with the Department of Transportation and other responsible Federal agencies, and in cooperation with the Tennessee Valley Authority in matters affecting the Tennessee River and certain of its tributaries, and with respect to all other inland waterways, canals, harbors, and navigation channels within the United States and possessions and territories, develop emergency plans and procedures for improvement, restoration, rehabilitation, operation and maintenance of components of Federally authorized river and harbor projects; locating and removing obstructions to navigation; accomplishing dredging to clear and straighten navigation channels; collecting, compiling, and publishing information on the physical characteristics and facilities of ports of the United States and possessions and territories for the use and benefit of navigation.”.


Sec. 6.  

(a) Amend the title of Part 6 to read “Part 6--United States Postal Service”.
(b) In Section 601(1), delete the phrase “Post Office activities” and substitute therefor “Postal Service activities”; and delete the phrase “Post Office Department” and substitute therefor “United States Postal Service”.
(c) Delete Section 601(2)(d) and renumber 601(2)(e) as Section 601(2)(d).


Sec. 7.  

(a) Amend Section 702(6) to read as follows:
“(6) ‘‘Water’’ means all usable waters, from all sources, within the jurisdiction of the United States, which can be managed, controlled and allocated to meet emergency requirements.”.
(b) Amend Section 703(3) to read as follows:
“(3) Water. Develop overall plans for the management, control, and allocation of the water resources of the nation in an emergency. Establish a system of priorities for the use of water in periods of emergency. Coordinate the emergency water planning efforts of those departments and agencies having specific statutory or delegated water responsibilities. Coordinate the overall plans with those developed by the Environmental Protection Agency to provide potable water for community needs. In developing any plans relating to water for use on farms and in food facilities, assure that those plans are in consonance with plans and programs of the Department of Agriculture. Provide national leadership and coordination for the development of Federal emergency plans for the management and allocation water resources in the national interest during an emergency. Coordinate emergency water resource planning at the State, interstate, and local levels through the appropriate Federal departments and agencies concerned with each area of planning.”.


Sec. 8.  

(a) Amend Section 801(4) to read “(4) defense against hazardous agents (nuclear, biological and chemical) and effects pertaining to agricultural activities; and”.
(b) Amend Section 803(2) to read as follows:
“(2) Stockpiles. Take all possible measures in the administration of Commodity Credit Corporation inventories of food resources to assure the availability of such inventories when and where needed in an emergency. The Secretary shall also develop plans and procedures for the proper utilization of agricultural items stockpiled for survival purposes.”.
(c) Amend Section 804(2) to read as follows:
“(2) Nuclear, biological, and chemical hazards protection for agriculture. Develop, in consonance with overall planning of the Environmental Protection Agency, plans for a national program, direct Federal activities, and furnish technical guidance to State and local authorities concerning (a) diagnosis and strengthening of defensive barriers and control or eradication of diseases, pests, or chemicals introduced as agents of biological or chemical warfare against animals, crops or products thereof; (b) protective measures, treatment and handling of livestock, including poultry or products thereof, which have been exposed to or affected by radiation; and, (c) use of crops, agricultural commodities on farms and ranches, agricultural lands, forest lands, and water for agricultural purposes, any of which have been exposed to or affected by radiation. Develop plans for a national program and direction of Federal activities to assure the safety and wholesomeness and to minimize losses from hazardous agents (nuclear, biological and chemical) and other emergency hazards of livestock, meat and meat products, poultry and poultry products in establishments under the continuous inspection of the Department of Agriculture, and agricultural commodities and products owned by the Commodity Credit Corporation or by the Department of Agriculture.”.
(d) Add a new Section 804(4) as follows:
“(4) Develop, under guidance of the Department of the Interior, plans and programs for water to be used in agricultural production and food processing in an emergency.”.


Sec. 9.  

(a) In Section 901(1), delete the phrase “involving the following:” and substitute therefor “otherwise assigned, including:”.
(b) Amend Section 901(1)(h) to read “(h) Construction, use and management of highways, streets, and appurtenant structures; and”.
(c) Add a new Section 901(1)(i) as follows: “(h) Domestic distribution of health resources.”.
(d) Amend Section 902(3) to read as follows:
“(3) Industry evaluation. Identify those industrial products which are essential, or of very great importance, to mobilization readiness, national defense, or postattack survival and recovery; identify the facilities capable of producing the identified products and evaluate the importance of such facilities to the national security.”.
(e) Add a new Section 902(6) as follows:
“(6) Water claimancy. Develop a system and procedures of provide essential industrial water resource claimancy requirements to the Department of the Interior in an emergency.”.
(f) At the end of Section 903(7), add the following new sentence: “Claimancy for resources shall include materials, manpower, equipment, supplies, services, and water.”.
(g) Add a new Section 906 as follows:
“Sec. 906. National Oceanic and Atmospheric Administration's National Marine Fisheries Service functions. Under a redelegation of authority from the Department of Agriculture to the Department of Commerce, the National Oceanic and Atmospheric Administration shall develop overall plans and programs to ensure that the fishing industry continues to produce essential protein. This includes responsibility for priority and allocation functions, acting as claimant agency for critical materials and additional facilities, labor supply, production and processing of fishery products, and the control and protection of fishing vessels.”.


Sec. 10.  

(a) Amend Section 1101 to read as follows:
“Section 1101. Résumé of Responsibilities.
“The Secretary of Health, Education, and Welfare shall prepare national emergency plans and develop preparedness programs covering health services, civilian health manpower, health resources, welfare services, social security benefits, and educational programs as defined below.”.
(b) Amend Section 1102(1) to read as follows:
“(1) ‘‘Emergency health services’’ means medical and dental care for the civilian population in all of the specialties and adjunct therapeutic fields, and the planning, provision, and operation of first aid stations, hospitals, and clinics; preventive health services, including detection, identification, and control of communicable diseases, their vectors, and other public health hazards, inspection and control of purity and safety of food, drugs, and biologicals; vital statistics services, rehabilitation and related services for disabled survivors; preventive and curative care related to human exposure to hazardous agents (nuclear, biological and chemical); sanitary aspects of disposal of the dead; and food and milk sanitation. It shall be undestood that health services for the purposes of this order do not encompass the following areas for which the Department of Agriculture has responsibility: plant and animal diseases and pest prevention, control, and eradication; wholesomeness of meat and meat products, and poultry and poultry products, in establishments under continuous inspection service by the Department of Agriculture; veterinary biologicals, agricultural commodities and products owned by the Commodity Credit Corporation or the Department of Agriculture; livestock; agricultural commodities stored or harvestable on farms and ranches; agricultural lands and water.”.
(c) Delete Section 1102(6) and renumber Section 1102(7) as Section 1102(6).
(d) Delete Section 1103(2) and renumber all following subsections.
(e) Delete Section 1106 and renumber Section 1107 as Section 1106.


Sec. 11.  

(a) Amend Section 1301(3) to read as follows:
“(3) Determination of the proper apportionment and allocation for control of the total civil transportation capacity (service, equipment and facilities), or any portion thereof, to meet overall essential civil and military needs;”.
(b) Amend Section 1303(1) to read as follows:
“(1) Allocating specifically designated civil air carrier type aircraft to the Civil Reserve Air Fleet (CRAF) and to the War Air Service Program (WASP).”.
(c) Amend Section 1303(2) to read as follows:
“(2) Emergency resource management of the National Aviation System, which is the physical complex of civil airmen, aircraft (including air carrier and general aviation aircraft) airports, airspace, airways and facilities and services, regulations, plans, standards, procedures and practices associated with the complex, for emergency management of the National Airspace System, and for control of civil and military air traffic, except as provided in Part 15 herein. In the performance of these responsibilities:
“(a) The Secretary of Transportation, assisted by the Civil Aeronautics Board as appropriate, shall, with respect to WASP and CRAF aircraft, be responsible for the functions enumerated in Sections 3001 (excluding evaluation), 3002, 3003 and and 3005. When CRAF is activated by the Secretary of Defense, the Secretary of Transportation retains the responsibility for the claimancy function of CRAF aircraft.
“(b) The Secretary of Transportation, assisted by the Secretary of Defense, shall, with respect to the CRAF program, specifically when civil air carrier aircraft allocated thereto are withdrawn for use in the program, retain responsibility for claimancy as provided in Section 3001.”.
(d) Amend Section 1303(3) to read as follows:
“(3) Emergency resource management of all Federal, State, city, local and other highways, roads, streets, bridges, tunnels, and appurtenant structures, and publicly-owned highway maintenance equipment, including:
“(a) The adaptation, development, construction, reconstruction and maintenance of the nation's highway and street systems to meet emergency requirements; and
“(b) The regulation of highway traffic in an emergency through a national program in cooperation with all Federal, State, and local governmental units concerned to assure efficient and safe utilization of available road space.”.


Sec. 12.  

(a) In Section 1502, amend all before subsection (1) to read as follows:
“Sec. 1502. Functions.
“The Civil Aeronautics Board, under the coordinating authority of the Secretary of Transportation, shall exercise emergency resource management of the WASP. Except for those functions enumerated in Sections 3001 (excluding evaluation), 3002, 3003, and 3005, which have been reserved to the Secretary of Transportation with assistance from the Civil Aeronautics Board as appropriate. The Civil Aeronautics Board, in exercising emergency resource management of the WASP, shall:”.
(b) Add a new Section 1502(6) as follows:
“(6) Interagency assistance. Assist the Secretary of Transportation in planning for those responsibilities enumerated in Section 1303(2)(a).”.


Sec. 13.  

Add a new part after Part 15 as follows:

”PART 15A--ENVIRONMENTAL PROTECTION AGENCY
“Section 1550. Résumé of responsibilities.
“The Administrator of the Environmental Protection Agency is responsible for diagnosis of quality problems and hazards in the environment which would impede the survival and recovery efforts of the nation and for developing coordinated Federal plans and fostering State and local plans designed to prevent or minimize the long-term ecological impact of hazardous agents introduced into the environment in an emergency situation, and to assist and coordinate with all primary resource agencies regarding plans to preserve the quality of a resource needed in an emergency.
“Sec. 1551. Definitions.
“As used in this part:
“(1) ‘‘Potable water’’ means drinkable water from all sources required for use in community water supply systems.
“(2) ‘‘Hazardous agents’’ means nuclear, biological, and chemical, or other agents introduced into the environment in an emergency to affect adversely the health of the population and to impede resumption of normal operations of a community or nation.
“Sec. 1552. Functions.
“The Administrator of the Environmental Protection Agency shall:
“(1) Develop, in coordination with the Department of the Interior and other responsible Federal agencies, emergency plans to assure the provision of potable water supplies to meet community needs; develop plans and procedures to safeguard water quality under emergency conditions; and develop emergency programs and procedures designed to assure the availability of materials and equipment for water supply systems.
“(2) Provide guidance on acceptable emergency levels for hazardous agents, and support plans of other Federal agencies that are responsible for developing plans for the detection, reporting, assessment, protection against, and reduction of effects of hazardous agents introduced into the environment.
“(3) Develop these plans in close coordination with appropriate primary resource and support agencies.”.


Sec. 14.  

Delete “10995” in Section 1802 and substitute therefor “11556”.


Sec. 15.  

Amend Section 1901 to read as follows:

“Section 1901. Functions.
“The Federal Power Commission shall assist the Department of the Interior, in conformity with Part 7, in the preparation of national emergency plans and the development of preparedness programs for electric power and natural gas in accordance with current agreements between the Secretary of the Interior and the Chairman of the Federal Power Commission.”.


Sec. 16.  

(a) In Section 2001(12) delete the language after “materials” and substitute therefor:
“in accordance with such guidance as may be provided by the National Security Council and, with respect to the economic and disposal aspects of stockpiling of strategic and critical materials by the Council on Economic Policy.”.
(b) Delete “10995” in Section 2002(3) and substitute therefor “11556”.


Sec. 17.  

Add a new part after Part 22 as follows:

“PART 22A--NATIONAL CREDIT UNION ADMINISTRATION
“Section 2250. Functions.
“The Administrator of the National Credit Union Administration shall:
“(1) Credit union operations. Provide instructions to all State and Federally chartered credit unions for the development of emergency plans to be put into effect as soon as possible after an attack upon the United States in order to guarantee continuity of credit union operations.
“(2) Economic stabilization. Provide guidance and funds as necessary to credit unions that will contribute to stabilization of the nation's economy by helping to establish and maintain a sound economic base for continuing operations, combating inflation, maintaining confidence in public and private financial institutions, and promoting thrift.”.


Sec. 18.  

(a) Amend Section 2301(1) to read as follows:
“(1) Manpower functions. Assist the Department of Labor in sustaining readiness for the mobilization of civilian manpower by:
“(a) being prepared for rapid expansion of the Foundation's current operation as a central clearinghouse for information covering all scientific and technical personnel in the United States and its possessions; and
“(b) developing, in consultation with the Department of Labor, the Selective Service System, and the Department of Defense, plans and procedures to assure the most effective distribution and utilization of the nation's scientific and engineering manpower in an emergency.”.
(b) Amend Section 2301(2) to read as follows:
“(2) Specific functions.
“(a) Provide leadership in developing, with the assistance of Federal and State agencies and appropriate non-governmental organizations, the ability to mobilize scientists, in consonance with overall civilian manpower mobilization programs, to perform or assist in performance of special tasks, including the identification of and defense against unconventional warfare;
“(b) advance the national radiological defense capability by including, in consultation with appropriate agencies, pertinent scientific information and radiological defense techniques in the Foundation's science education programs for science, mathematics and engineering teachers;
“(c) assemble data on the location and character of major scientific research facilities, including non-governmental as well as governmental facilities, and their normal inventories of types of equipment and instruments which would be useful in identification and an analysis of hazards to human life in the aftermath of enemy attack; and
“(d) prepare to carry on necessary programs for research and for training of scientific manpower.”.


Sec. 19.  

Add a new part after Part 28 as follows:

“PART 28A--UNITED STATES INFORMATION AGENCY
“Section 2850. Functions.
“(a) The Director of the United States Information Agency shall prepare national emergency plans and develop preparedness programs for the continuation of essential emergency foreign information activities. These plans and programs shall be designed to develop a state of readiness which will permit continuing necessary activities under all conditions of national emergency including attack upon the United States.
“(b) The Director shall (1) develop plans for the formulation and execution of foreign information programs utilizing the Agency's overseas posts and all media designed to promote an intelligent understanding abroad of the status of the emergency within the United States and the efforts, policies, activities, needs, and aims of the United States in dealing with the international situation then existing; (2) develop emergency plans and programs, and emergency organizational structures required thereby, as an integral part of the continuing activities of the United States Information Agency on the basis that it will have the responsibility for carrying on such programs during an emergency; (3) provide and maintain the capability necessary for simultaneous direct radio broadcasting in major languages to all areas of the world, and wirless teletype to all United States Embassies; (4) provide advice to the executive branch on foreign opinion, and its implications for United States policies, programs, and official statements; (5) maintain liaison with the information agencies of friendly nations for the purpose of relating the United States Government information programs and facilities to those of such nations; (6) participate in the development of policy with regard to the psychological aspects of defense and develop plans for assisting the appropriate agencies in the execution of psychological operations with special attention to overseas crises short of war; (7) maintain United States Information Service staffs abroad for the conduct of public information for all agencies of the Government, recognizing that in a theater of operations the United States Information Agency would make available to the appropriate Commander all United States citizen personnel on the staff of the Agency, who agree to remain, to serve in support of psychological operations; and (8) lend appropriate support in psychological warfare to the military command in the theater or theaters of active military operations, and provide daily guidance and basic informational materials.
“(b) The Director shall insure development of appropriate plans necessary under this Part and issue emergency instructions required to implement all appropriate plans developed under this Part.”.


Sec. 20.  

(a)   Executive Order No. 11522 of April 6, 1970, and Executive Order No. 11746 of November 7, 1973, are hereby superseded.
(b)   Section 7 of Executive Order No. 11556 of September 4, 1970, is hereby superseded.

Signature of Gerald R. Ford

Gerald R. Ford
The White House,
June 11, 1976.
[FR Doc. 1976–xxxxx Filed 6–14–76; 8:45 am]
Billing Code 3195–W0–P

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).