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Executive Order 11089—Assigning Emergency Preparedness Functions to the Atomic Energy Commission

February 26, 1963

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 Atomic Energy Commission (hereinafter referred to as the Commission ) shall prepare national emergency plans and develop preparedness programs for the continuing conduct of atomic energy activities of the Federal Government. 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 and, consistent with applicable provisions of the Atomic Energy Act of 1954, as amended, will be closely coordinated with the Department of Defense and the Office of Emergency Planning.

SEC. 2. Functions. The Commission shall develop plans to:

(a) Production. Continue or resume in an emergency essential (1) manufacture, development, and control of nuclear weapons and equipment, except to the extent that the control over such weapons and equipment has been transferred to the Department of Defense; (2) development and technology related to reactors; (3) process development and production of feed material, special nuclear materials, and other special products; (4) related raw materials procurement, processing, and development; and (5) repair, maintenance, and construction related to the above.

( b ) Regulation. Continue or resume in an emergency ( 1 ) controlling the possession, use, transfer, import, and export of atomic materials and facilities, and (2) ordering the operation or suspension of licensed facilities, and recapturing from licensees, where necessary, special nuclear materials whether related to military support or civilian activities.

(c) Public health and safety. Shut down in anticipation of an imminent enemy attack on the United States, and maintain under surveillance, all Commission-owned facilities which could otherwise constitute a significant hazard to public health and safety; and insure the development of appropriate emergency plans for nuclear reactors and other nuclear activities licensed by the Commission whether privately-owned or Government-owned.

(d) Research and development. Adapt and utilize the Commission's scientific and technological capability to meet pre-attack and post-attack priority needs of the Federal Government within the framework of Federal research objectives.

( e) Scientific, technical, and public atomic energy information. Organize, reproduce, and disseminate appropriate public atomic energy information and scientific and technical reports and data relating to nuclear science research, development., engineering, applications, and effects to interested Government agencies, the scientific and technical communities, and approved, friendly, and cooperating foreign nations.

(f) International atomic energy affairs. Maintain essential liaison with foreign nations with respect to activities of mutual interest involving atomic energy.

(g) Health services. Assist the Department of Health, Education, and Welfare, consistent with the above requirements, in integrating into civilian health-programs in an emergency the Commission's remaining health manpower and facilities not required for the performance of the Commission's essential emergency functions.

(h) Damage assessment. Maintain a capability to assess the effects of attack on the Commission's resources, both at national and field levels, and provide data to the Department of Defense.

(i) Claimancy. Prepare plans to claim material, manpower, equipment, supplies, and services needed to carry out assigned responsibilities and other essential functions of the Commission from the appropriate agencies and work with such agencies in developing programs to insure availability of such resources in an emergency.

SEC 3. Resources Evaluation. The Commission shall provide for appropriate participation in the national resource evaluation program administered by the Office of Emergency Planning.

SEC 4. Functional Guidance. The Commission, in carrying out the functions assigned in this order, shall be guided by the following:

(a) Interagency cooperation. The Commission shall assume the initiative in developing joint plans for the coordination of emergency atomic energy programs of those departments and agencies which have responsibilities for any segment of such activities. It 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.

(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 Commission on the basis that it will have the responsibility for carrying out such programs during an emergency. The Commission 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. 5. Emergency Action. 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 6. Redelegation. The Commission is hereby authorized to redelegate within the Commission the functions hereinabove assigned to it.

SEC 7. 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.



February 26, 1963

John F. Kennedy, Executive Order 11089—Assigning Emergency Preparedness Functions to the Atomic Energy Commission Online by Gerhard Peters and John T. Woolley, The American Presidency Project

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