Saturday, October 9, 2010

VLG Proposed Revision of E.O. 12656

My understanding is that organizations in the Executive Branch have been asked to comment on the appropriateness for revision and revocation of E.O. 12656.

I am suggesting the revocation of that Executive Order and the incorporation into it the underlying principles of NSDD-47 [1982] concerning mobilization. That NSDD and its partial supersession by NSDD-188 would be encompassed in a new Executive Order that would be all-hazards for domestic catastrophic events and would place the Vice President of the United States in a leadership role while still subject to the direction, control and delegation of the Chief Executive of the United States, the President. While the new order would impact all civilian agencies it would not impact either the military chain of command or the President's role as Commander In Chief. Because it would impact all civil organizations housed in DOD it would make clearer the civil military relationships and civilian control of the military by the Commander In Chief.

My text absent the incorporation of NSDD-47 and 188 is as follows:


Establishment of a Domestic Civil Crisis Management System For the Possibility of Catastrophic All-Hazards Incidents and Events and the Assignment of Executive Branch Domestic Civil Emergency Preparedness and Civil Mobilization Responsibilities

Presidential Findings and Policy Direction:

Whereas our international and national and homeland security is dependent upon our ability to assure continuity of government at every level, in any incident or event that might confront the Nation; and

Whereas effective national preparedness planning and mobilization to meet such an event, including any WMD attack, is essential to our national survival; and

Whereas effective national preparedness and mobilization requires the identification of functions to be performed during such an event, the assignment of responsibility for developing, implementing, and maintaining the capability to perform these functions; and

Whereas the Congress has directed the development of various emergency preparedness plans and has provided funds for the accomplishment thereof;

NOW, THEREFORE, by virtue of the authority vested in me as President and Chief Executive by the Constitution and laws of the United States of America, and pursuant to the National Security Act of 1947, as amended, the Homeland Security Act of 2002, as amended, and other planning mandates in various statutes, as currently amended, including among others the Clean Air and Clean Water Acts as amended, it is hereby ordered that the responsibilities of the Federal departments and agencies in domestic incidents and events of a catastrophic nature involving all-hazards shall be as follows:

PART 1---Preamble

Section 101. National Emergency Preparedness and Mobilization Policy.

(a) The policy of the United States is to have sufficient capabilities at all levels of government to meet essential defense and civilian needs during any catastrophic domestic incident or event. A catastrophic domestic incident or event is any occurrence, including natural disaster, military attack, technological emergency, or other emergency, that seriously degrades or seriously threatens any element of the federal government, the STATES and their local units and prevents that federal system from protecting the lives and property of individuals residing in the United States. Policy for preparing, mobilizing, planning, preventing, responding or recovery from such events and mitigating such in order to promote resilience of the United States to such a catastrophic domestic event shall be established by the President. Pursuant to the President’s direction all such preparedness and mobilization programs, functions, and activities shall be consistent with the Constitution and laws of the United States and with preservation of Constitutional government of the United States.

(b) Effective catastrophic preparedness and mobilization planning requires: identification of functions that would have to be performed during such an incident or event; development of plans for performing these functions; and development of the capability to execute those plans.

Sec. 102. Purpose.

(a) The purpose of this Order is to assign civil preparedness and mobilization responsibilities to Federal departments and agencies. These assignments are based, whenever possible, on extensions of the regular missions of the departments and agencies.

(b) This Order does not constitute authority to implement the plans prepared pursuant to this Order. Plans so developed may be executed only in the event that authority for such execution is otherwise authorized by law.

(c) This Order is designed to allow the Governors of the respective STATES to understand more completely the design of federal all-hazards crisis management for large-scale domestic events.

Sec. 103. Scope.

(a) This Order addresses preparedness and mobilization programs, functions and activities, primarily of the civil agencies but when necessary with assistance from lawfully developed and instituted units of the National Guard when federalized, the Active Reserve, and the Armed Forces of the United States. As used in this Order, preparedness functions and activities include, as appropriate, policies, plans, procedures, and readiness measures that enhance the ability of the United States Government and the STATES, and the private sector to mobilize for, respond to, and recover from any catastrophic incident or event.

(b) This Order does not apply to those natural disasters, technological emergencies, or other emergencies, the alleviation of which is normally the responsibility of individuals, the private sector, volunteer organizations, State and local governments, and Federal departments and agencies unless such situations also impact governmental capabilities.

(c) This Order does not require the provision of information concerning, or evaluation of, civil or military policies, plans, programs, or states of civil or military readiness.

(d) This Order does not apply to national security emergency preparedness telecommunications functions and responsibilities that are otherwise assigned by Executive Order 12472, as amended.

Sec. 104. Management of Catastrophic Civil Preparedness and Mobilization.

(a) The Vice President of the United States shall be the principal manager of the programs, functions, and activities developed under this Executive Order which he/she may in turn delegate appropriately to the head of any department or agency that does not otherwise contravene statutory authority. The Attorney General of the United States and the Advisor to the President for National Security Affairs shall be the principal advisers to the Vice President on implementing this Order.

(b) Where programs, functions or activities involving catastrophic preparedness and mobilization functions are shared by more than one agency they shall be coordinated by the head of the Federal Department or agency having primary responsibility as determined by the Vice President and shall be supported by the heads of other departments and agencies having related responsibilities.

(c) There shall be a catastrophic civil preparedness and mobilization exercise program that shall be supported by the heads of all appropriate Federal departments and agencies.

(d) Plans and procedures will be designed and developed to provide maximum flexibility to the President for his implementation of emergency actions.

Sec. 105. Interagency Coordination.

All Cabinet members and agency heads shall be consulted regarding catastrophic national preparedness and mobilization programs, functions, and activities. Each department and agency shall support interagency coordination to improve preparedness and mobilization and response to a catastrophic civil incidents/events and shall develop and maintain resilient capabilities to the extent feasible and appropriate.

PART 2----General Provisions

Sec. 201. General. The head of each Federal department and agency, as appropriate, shall:

(1) Be prepared to respond adequately to all catastrophic civil incidents and events, including those that may occur within any region of the Nation:

(2) Emergency plans and programs, and an appropriate state of readiness, including organizational infrastructure, shall be developed as an integral part of the continuing activities of each Federal department and agency;

(3) Appoint a senior appointed official as Preparedness and Mobilization Coordinator, responsible for developing and maintaining a multi-year plan for the department or agency to include objectives, programs, and budgetary requirements; and to include implementation and operation.

(4) Design preparedness measures to permit a rapid and effective transition

From routine to emergency operations, and to make effective use of the period following initial warning of any catastrophic incident and or event. This will include:

(a) Development of a system of emergency actions that provides options and alternatives, processes, and issues to be considered during various stages of catastrophic civil incidents or events;

(b) Identification of actions that could be taken in the early stages of a civil catastrophic incident or event to mitigate the impact of or reduce significantly the lead times associated with full emergency action implementation;

(5) Base preparedness and mobilization measures on the use of existing authorities, organizations, resources, and systems to the maximum extent practicable;

(6) Identify areas where additional legal authorities may be needed to assist management and, consistent with applicable Executive orders, take appropriate measures toward acquiring those authorities;

(7) Make policy recommendations to the Vice President and President of the United States regarding programs, functions, and activities of the Federal Government concerning catastrophic civil preparedness and mobilization;

(8) Coordinate with the STATES and their local government agencies and other organizations, including private sector organizations, when appropriate. Federal plans should include appropriate involvement of and reliance upon private sector entities in developing plans for mitigating the effects of catastrophic incidents and events impacting civil government and individual citizens, residents, and property owners, and for providing services that are essential to a national response;

(9) Assist the STATES, local, and private sector entities in developing plans for mitigating the effects of catastrophic civil incidents and events and for providing services that are essential to a national response effort;

(10) Cooperate, to the extent appropriate, in compiling, evaluating, and exchanging relevant data related to all aspects of catastrophic preparedness and mobilization efforts;

(11) Develop programs regarding congressional relations and public information that could be used during catastrophic incidents and events, including all elements of Emergency Public Information and ensuring that Protective Action Guidance and Decisions are disseminated only by proper authority and that rumor control is adequately accomplished.

(12) Ensure a capability to provide information concerning Acts of Congress, presidential proclamations, Executive orders, regulations, and notices of other actions to the Archivist of the United States, for publication in the Federal Register;

(13) Develop and conduct training and education programs that incorporate emergency preparedness and mobilization information necessary to ensure an effective national domestic civil response;

(14) Ensure that plans consider the consequences for essential services provided by the STATES and their local governments, and by the private sector, in the event the flow of Federal funds is disrupted;

(15) Consult and coordinate with the Vice President to ensure that those activities and plans are consistent with current Presidential guidelines and policies.

Sec. 202. Continuity of Government. The head of each Federal department and agency shall ensure the continuity of essential functions in any national security emergency by providing for: succession to office and emergency delegation of authority in accordance with applicable law; safekeeping of essential resources, facilities, and records; and establishment of emergency operating capabilities. The federal government shall support with appropriate guidance and funding STATE continuity of government.

Sec. 203. Resource Management. The head of each Federal department and agency, as appropriate within assigned areas of responsibility, shall:

(1) Develop plans and programs to mobilize personnel including reservist programs), equipment, facilities, and other resources;

(2) Assess essential emergency requirements and plan for the possible use of alternative resources to meet essential demands during any large scale domestic crisis or catastrophic incident or event;

Sec. 204. Federal Benefit, Insurance, and Loan Programs. The head of each Federal department and agency that administers a loan, insurance, or benefit programs that relies upon the Federal Government payment system shall coordinate with the Secretary of the Treasury in developing plans for the continuation or restoration, to the extent feasible, of such programs in national security emergencies.

Sec. 205. Research. The Director of the Office of Science and Technology Policy and the heads of Federal departments and agencies having significant research and development programs shall advise the Vice President and the President of scientific and technological developments that should be considered in catastrophic civil preparedness and mobilization planning.

Sec. 206. Redelegation. The head of each Federal department and agency is hereby authorized, to the extent otherwise permitted by law, to redelegate the functions assigned by this Order, and authorize successive re-delegations to organizations, officers, or employees within that department or agency, and where appropriate to cross-delegate to other departments and agencies with the permission of the Vice President or President.

Sec. 207. Retention of Existing Authority. Nothing in this Order shall be deemed to derogate from existing statutory assignments of functions to any Federal department or agency or officer thereof. Any statutory conflicts will be resolved the respective agency or department head in conjunction with the Attorney General or his/her delegate.

Sec. 208. Executive Order No 12656, as amended, is hereby revoked. This Order is effective immediately.