Sunday, November 28, 2010

Section 2 of EO 12148

Let's for a minute assume my position that EO 12148 which has been amended many times is no longer of operative legal effect because its underlying legal authority in Reorganization Plan No. 3 of 1978 is no longer in effect. Clearly delegations of the Robert T. Stafford Act by Executive Order are appropriate and should be done in an entirely new Executive order. That stated what could be done to improve E.O. 12148 now?

Let's look at possible language changes to critical section 2 of the order. Executive orders amending other sections of E.O.12148 are E.O.’s 12155,12156,12319,12356,12379,12381, 12673, and 13286.

TEXT OF Proposed Revisions to SECTION 2 OF

Section 2. Management of Emergency Planning and Assistance

Revison by VLG: Section 2. Establishment and Oversight of Federal Policies Enhancing National Resiliency in Event of Catastrophic Incidents or Events.

2-1. General.

As Revised by VLG:

2-101. Definition: National Resilience shall mean all federal policies, programs, functions and activities that support preparedness, planning, protection, prevention, mitigation, response and recovery in the context of catastrophic events, especially those that destroy governmental capability to accomplish reconsitution and restoration of governmental capabilities.

2-102. The Secretary of Homeland Security shall establish Federal policies for, and coordinate, all civil security and civil resilience policies for catastrophic events including preparedness, planning, protection, prevention, mitigation, response and recovery functions of Executive Branch departments and agencies.

2-103. The Secretary shall periodically review and evaluate the policies, programs, functions, and activities of the Executive Branch departments and agencies to determine their impact on national resilience. In order to improve the efficiency and effectiveness of those programs, functions, and activities the Secretary shall recommend to the President alternative methods of improving national resilience.

2-104. The Secretary shall represent the President in working with State and local governments and the private profit making and non-profit sectors to promote national resilience.

2-105. The Secretary shall provide an annual report to the President for subsequent transmittal to the Congress on issues of national resilience that the Secretary finds appropriate. This may also include the activities of independent federal regulatory entities that impact issues of national resilience. The report shall assess the current overall state of national resilience.

2-2. Implementation.

2-201. In executing the functions under this Order, the Secretary shall develop policies, programs, functions, and activities that to the extent possible provide that all efforts to promote national resilience by Executive Branch departments and agencies are:

(a) founded on the use of existing organizations, resources, and systems, and their programs, functions, and activities to the maximum extent practicable;

(b) integrated to the extent possible with organizations, resources, and programs of State and local governments, the private sector and volunteer organizations; and

2-202. Assignments by the Secretary of national resilience programs, functions, and activities shall, whenever possible, be based on extensions (under emergency conditions) of the missions, programs, functions, and activities of the Executive agencies.

2-203. To the extent authorized by law and within available resources, the Secretary of Defense shall provide the Secretary of Homeland Security with support for national resilience programs in the areas of program development and administration, technical support, research, communications, transportation, intelligence, and emergency operations.

2-206. All Executive agencies shall cooperate with and assist the Secretary in the performance of his/her functions.

So perhaps this version will never see the light of day officially but now at least the present and future administrations have a alternative choices. Determine that EO 12148 should be vacated or revised appropriately. One thing for sure its citation of the Federal Civil Defense Act of 1950 [Public Law 920 of the 81st Congress] is defective.

And just for the record I understand that close to 300 Executive Order recommended promulgations and/or revisions now under way in the Executive Branch. Under E.O. 11030, the Executive Order on Executive Orders almost any Executive Branch component can suggest or recommend a new or revised Executive Order. Hopefully at some point NARA will update and provide virtually the REAGAN ADMINISTRATION's 1989 compendium of Extant Executive Orders and their specific language.