Executive Order 11004 -- ASSIGNING CERTAIN EMERGENCY PREPAREDNESS FUNCTIONS TO THE HOUSING AND HOME FINANCE ADMINISTRATOR

    The Robert T. Stafford Disaster Assistance And Emergency Relief Act,

    13CFR123.1 Chapter I--Small Business Administration Part 123--Disaster Loan Program

  US Code TITLE 50 - War and National Defence CHAPTER 34 - National Emergencies


Executive Orders

    Executive Order 10995
    Telecommunications Management 

    Executive Order 10997 --
    Electric power, petroleum and gas, solid fuels, and minerals

    Executive Order 10998 --
     Food resources, farms, fertilizer, and facilities

    Executive Order 10999 --
    Transportation, the production and distribution of all materials

    Executive Order 11000 --
    Manpower management

     Executive Order 11001 --
    Health and welfare services, and educational programs
   
     Executive Order 11002 --
    National emergency registration system
   
      Executive Order 11003 --
    Air travel, airports, operating facilities

       Executive Order 11004 --
    Housing and community facilities

       Executive Order 11005 --
    Interstate Commerce

      Executive Order 11051 --
    Emergency Planning 

      Executive Order 11490 --
    Federal departments and agencies

      Executive Order 12472 --   
    Telecommunications functions

      Executive Order 12656 --
    Continuity of Government

      Executive Order 12919 --
    National Defense Industrial  Preparedness
        
     Executive Order 12938 --
    Weapons Of Mass Destruction
       
     Executive Order 13074 --
    Noncombatant Evacuation Operations
"The President has the power to seize property, organize and control the means of production, seize commodities, assign military forces abroad, call reserve forces amounting to 2 1/2 million men to duty, institute martial law, seize and control all menas of transportation, regulate all private enterprise, restrict travel, and in a plethora of particular ways, control the lives of all Americans...

Most [of these laws] remain a a potential source of virtually unlimited power for a President should he choose to activate them. It is possible that some future President could exercise this vast authority in an attempt to place the United States under authoritarian rule.

While the danger of a dictatorship arising through legal means may seem remote to us today, recent history records Hitler seizing control through the use of the emergency powers provisions contained in the laws of the Weimar Republic."

--Joint Statement, Sens. Frank Church (D-ID) and Charles McMathias (R-MD) September 30, 1973
Executive Order 11004 -- ASSIGNING CERTAIN EMERGENCY PREPAREDNESS FUNCTIONS TO THE HOUSING AND HOME FINANCE ADMINISTRATOR

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 Housing and Home Finance Administrator (hereinafter referred to as the Administrator) shall prepare national emergency plans and develop preparedness programs covering all aspects of lodging or housing and community facilities related thereto. 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. Housing Functions. The Administrator shall:

    (a) New housing. Develop plans for the construction and management of new housing and the community facilities related thereto, when and where it is determined to be necessary with public funds through direct Federal action; or the construction of new housing through financial or credit assistance, in support of production programs.

    (b) Communities. Develop plans for the selection, acquisition, development, and disposal of areas for civilian uses in new, expanded, restored, or relocated communities; and for the construction of housing for new or restored communities.

    (c) Resources. Periodically assess assigned resources available from all sources in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas and develop appropriate recommendations and programs. Provide data and assistance, before and after attack for national resources evaluation purposes of the Office of Emergency Planning.

    (d) Priorities. Develop standards and priorities for guidance of States and communities in making maximum use of and allocating available housing resources.

    (e) Requirements. Periodically assemble, develop as appropriate, and evaluate requirements with respect to assigned resources and services. Such estimates shall take into consideration the geographical distribution of requirements under emergency conditions.

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

    (g) Distribution. Develop allocation and distribution control systems consistent with the priorities and allocations procedures prescribed by the Department of Commerce for materials and equipment needed for housing, and develop programs for the domestic distribution and use of mobile lodging facilities in an emergency.

    (h) Stockpiles. Assist the Office of Emergency Planning in formulating and carrying out plans for stockpiling of strategic and critical materials, and survival items in the housing field.

    (i) Economic stabilization. Cooperate with the Office of Emergency Planning and the Federal financial agencies in the development of preparedness measures involving emergency financing, real estate credit, and rent stabilization.

SEC. 3. Cooperation with Department of Defense. In consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, the Administrator shall:

    (a) Billeting. Develop plans for a billeting program, including advice and guidance for State and local government agencies in the administration thereof. The Secretary of the Department of Health, Education, and Welfare shall incorporate billeting plans in the general welfare guidance program for States.

    (b) Temporary housing. Develop plans for the emergency repair and restoration to use of damaged housing, for the construction and management of emergency housing units and the community facilities related thereto, and for the emergency conversion to dwelling use of non-residential structures with public funds through direct Federal action or through financial or credit assistance.

    (c) Population movement. Participate in the preparation of plans for determining which areas are to be restored and in the development and coordination of plans for the movement of people on a temporary basis from areas to be abandoned to areas where housing is available or can be made available.

    (d) Shelter. Assist in the development of plans to encourage the construction of fallout shelters for both old and new housing in conformance to the national shelter policy.

    (e) Vulnerability. Participate in promoting the dispersal of new or expanding communities and government installations in conformance to national vulnerability reduction policy.

    (f) Damage assessment. Maintain a capability to assess the effects of attack on housing resources, both at national and field levels, and provide data assistance to the Department of Defense.

SEC. 4. Research. Within the framework of overall Federal research objectives the Administrator shall supervise or conduct research directly concerned with carrying out 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 agency's interests.

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

    (a) Interagency cooperation. The Administrator shall assume the initiative in developing joint plans for the coordination of civilian housing emergency programs of those departments and agencies which normally have responsibilities for any segment of such activities. 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.

    (b) Presidential coordination. 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.

(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 Housing and Home Finance Agency on the basis that it will have the responsibility for carrying out such programs during an emergency. The Administrator 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 determination 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. In carrying out the functions outlined in this order, the Administrator may reassign such functions to and designate or appoint any official or employee within the Housing and Home Finance Agency, including the constituent agencies, to serve in any position within the Housing and Home Finance Agency.

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. Emergency Preparedness Order No. 6 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 658-659), is hereby revoked.

JOHN F. KENNEDY
THE WHITE HOUSE, February 16, 1962.