Executive Order 11090—Assigning Emergency Preparedness Functions to the Civil Aeronautics Board

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 Civil Aeronautics Board (hereinafter referred to as the Board) shall prepare national emergency plans and develop preparedness programs covering establishment, administration, and control of the War Air Service Program described in Section 2(a) of this order; economic regulation of the domestic and international aspects of United States air carrier operations; and accident investigation of civil air operations. 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. Definitions. As used in this order:

(a) "War Air Service Program" (hereinafier referred to as WASP) means the program designed to provide for the maintenance of essential civil air routes and services, and to provide for the distribution and redistribution of air carrier aircraft among civil air transport carriers after withdrawal of aircraft allocated to the Civil Reserve Air Fleet.

(b) "Civil Reserve Air Fleet" (hereinafter referred to as CRAF) means those air carrier aircraft allocated by the Secretary of Commerce to the Department of Defense to meet essential military needs in the event of an emergency.

SEC. 3. Functions. The Board shall:

(a) Distribution of aircraft. Develop plans and be prepared to carry out such distribution and redistribution of all air carrier civil aircraft allocated by the Secretary of Commerce among the civil air transport carriers as may be necessary to assure the maintenance of essential civil routes and services under WASP operations after the requirements of the Department of Defense for CRAF have been met.

(b) Economic regulation. Develop plans covering route authorizations and operations, tariffs, rates, and fares charged the public, mail rates, government compensation and subsidy, and accounting and contracting procedures essential to WASP operations.

(c) Priorities. Develop plans and procedures, in consonance with the general transportation planning and coordination function of the Secretary of Commerce, for the administration of controls and priorities of passenger and cargo movements in connection with the utilization of air carrier aircraft for WASP purposes in an emergency.

(d) Investigation. Maintain the capability to investigate major accidents involving civil air carrier aircraft, and violations of emergency economic regulations affecting air carrier operations.

(e) C1aimancy. Assist the Federal Aviation Agency hereinafter referred to as FAA) in preparing plans to evaluate requests for, and to claim from the appropriate agencies, the materials, manpower, equipment, supplies, and services that would be needed by air carriers in carrying out WASP and other civilian emergency functions that may be assigned to the Board. Assist FAA to work with such agencies in developing programs to insure the availability of such supplies and services in an emergency.

(f) Resources. Periodically assess the availability of air carrier aircraft in order to plan for their utilization under any emergency situation. Analyze resource estimates in relation to estimated requirements in order to identify probable deficiencies, recommend corrective action to the appropriate authorities, and provide data and assistance before and after attack for national resource evaluation purposes to the Office of Emergency Planning and to the Department of Commerce.

(g) Requirements. Develop on a continuing basis, in coordination with FAA, requirements for manpower, fuel, equipment, supplies, and other resources essential to the maintenance of WASP operations.

(h) Salvage and rehabilitation. Assist FAA in development of standby plans for the salvage of supplies and equipment and the rehabilitation, restoration, or replacement of essential civil aircraft and services after attack.

(i) Damage assessment. Provide assistance, as appropriate, to FAA and to the Department of Defense in assessing the effects of attack on air carrier aircraft.

(j) Professional liaison. Maintain relations with the air transportation industry to foster mutual understanding and support of WASP and the utilization of executive reservists.

(k) Financial aid. Develop plans and procedures for financial and credit assistance to the air transportation industry in the event these are needed under emergency conditions.

(1) Contracting. Prepare to perform as a contracting agency, if such agency is necessary, in connection with distribution and redistribution of aircraft for WASP.

SEC. 4. Research. Within the framework of Federal research objectives, the Board shall supervise or conduct research in areas directly concerned with carrying out its 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 Board's interest.

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

(a) Interagency cooperation. The Board shall work with the Secretary of Commerce, the Administrator of FAA, and the heads of other agencies concerned with the development of emergency transportation programs. The Board 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. Plans and programs developed by the Board shall be in consonance with emergency transportation plans and policies developed by the Secretary of Commerce.

(b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for the performance of functions under this order and in coordinating the performance of such functions with the total national preparedness program.

(c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Board on the basis that it will have the responsibility for carrying out such programs during an emergency. The Board 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 determinations 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 Board is hereby authorized to redelegate within the Board the functions hereinabove assigned to it.

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.

JOHN F. KENNEDY

THE WHITE HOUSE,

February 26, 1963