Executive order consolidating government in emergency

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Frank Church (D-ID) and Charles Mc Mathias (R-MD) September 30, 1973 Executive Order 10999 -- ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF COMMERCE By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. (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. 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. (d) Fallout forecasting based on current weather data. 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. 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. 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. 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. 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. 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. 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. 2061), the Federal Civil Defense Act of 1950, as amended (50 U. Test and exercise programs and procedures for the evaluation of the capability of the Nation's telecommunications resources to meet national security or emergency preparedness telecommunications requirements; and e. 606), should the President issue implementing instructions in accordance with the National Emergencies Act (50 U. (2) The Director of the Office of Science and Technology Policy shall provide information, advice, guidance and assistance, as appropriate, to the President and to those Federal departments and agencies with responsibilities for the provision, management, or allocation of telecommunications resources, during those crises or emergencies in which the exercise of the President's war power functions is not required or permitted by law; (3) The Director of the Office of Science and Technology Policy shall establish a Joint Telecommunications Resources Board (JTRB) to assist him in the exercise of the functions specified in this subsection. Plans, procedures and standards for minimizing or removing technical impediments to the interoperability of government-owned and/or commercially-provided telecommunications systems; d. Provide policy direction for the exercise of the President's non-wartime emergency telecommunications functions, should the President so instruct.It is possible that some future President could exercise this vast authority in an attempt to place the United States under authoritarian rule. 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. The Secretary is hereby authorized to redelegate within the Department of Commerce the functions hereinabove assigned to him.

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NOTE: The National Communications System [NCS] was established by Executive Order (EO) 12472 as a Federal interagency group assigned national security and emergency preparedness (NS/EP) telecommunications responsibilities throughout the full spec-trum of emergencies. Alternative mechanisms for funding, through the budget review process, national security or emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities. (2) The Director of the Office of Science and Technology Policy shall direct the exercise of the war power functions of the President under Section 606(a), (c)-(e), of the Communications Act of 1934, as amended (47 U. The Director of the Office of Science and Technology Policy shall serve as chairman of the JTRB; select those Federal departments, agencies, or entities which shall be members of the JTRB; and specify the functions it shall perform.a.(e) Collection and reporting of census data for emergency planning purposes. 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. 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. To plan for the operation and control of Federal activities concerned with: (1) Shipping allocation. The Secretary shall be prepared to implement all appropriate plans developed under this order.

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16 Comments

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