U.S. Department of Housing and Urban Development

ADMINISTRATION

Special Attention of:

Transmittal Handbook No.: 3200.1
REV-3

Issued: April 29, 1992

1. This Transmits

Handbook 3200.1 Rev-3, Emergency Planning and Operations.

2. PURPOSE:

This handbook revises and updates the Department's basic policy, procedures and organization for national security emergencies based on Executive Order (E.O.) 12656.

3. SIGNIFICANT CHANGES.

a. This handbook is a revision of Handbook 3200.1 Rev 2, dated August 1983.

b. This revision reflects the current HUD and Federal Government organizational structure and brings HUD policy into conformity with E.O. 12656, and current guidance of the Federal Emergency Management Agency (FEMA).

c. Principal changes are the role of the Department regarding continuity of government, the realignment of the various emergency teams (see Chapter 2), and an additional chapter on "Alternative Strategies For Addressing Housing Shortages" (see chapter 8). These alternatives are examples of how to provide shelter and housing in national security emergencies ranging from major earthquakes to nuclear war.

d. Based on the automation of most record functions, Handbook 2227.1, Vital Records Program, dated May 25, 1984 is no longer needed as a separate entity. Vital Records Program requirements have been incorporated into HB 3200.1 Rev-3, Chapter 7.

4. CANCELLATION:

Handbook 3200.1 REV-2, dated August 1983, is cancelled.
Handbook 2227.1, dated May 1984 is cancelled.

FILING INSTRUCTIONS:

Remove:

Handbook 3200.1 REV-2 dated August 1983
Handbook 2227.1, dated May 1984

Insert:

Handbook 3200.1 REV-3 dated April 1992

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U.S. Department of Housing and Urban Development Office of Administration

Departmental Staff

Emergency Planning and Operations

April 1992

TABLE OF CONTENTS

CHAPTER 1. GENERAL

1-1 Background
1-2 Program Purpose
1-3 Authorities
1-4 Policy
1-5 Responsibilities

CHAPTER 2. PREPAREDNESS PROGRAM ORGANIZATION

2-1 General
2-2 Headquarters
2-3 Regions

CHAPTER 3. CONTINUITY OF GOVERNMENT: PLANS AND GUIDANCE

3-1 General
3-2 Succession Orders
3-3 Cascade Alerting System
3-4 Federal Civil Readiness Levels
3-5 Essential Records
3-6 Continuity of Disbursing
3-7 Advance Payments and Evacuation Payments
3-8 Operating Instructions

CHAPTER 4. DEPARTMENTAL EMERGENCY ORGANIZATION

4-1 General
4-2 Authority
4-3 National Headquarters
4-4 Emergency Field Service
4-5 Emergency Delegation of Authority
4-6 Preparedness Planning

CHAPTER 5. EMERGENCY STANDBY ORDERS

5-1 General
5-2 Purpose
5-3 Identifying Code System

CHAPTER 6. RESOURCE MANAGEMENT

6-1 General
6-2 Policy
6-3 Guidance
6-4 Resource Management Functions
6-5 Emergency Program Support
6-6 Implementation Responsibility
6- 7 Federal-State Cooperation

CHAPTER 7. VITAL RECORDS PROGRAM

7-1 Purpose
7-2 Background
7-3 Authorities
7-4 Definitions
7-5 How the Vital Records Program Operates
7-6 Responsibilities
7-7 Relationship of Vital Records to Essential Emergency Functions
7-8 HUD's Essential Emergency Functions
7-9 Recommending Vital Records
7-10 Screening Agency Records
7-11 Guarding Against Overly Elaborate Vital Records Program
7- 12 HUD Headquarters Issuances and Forms Already Being Stored

CHAPTER 8. ALTERNATIVE STRATEGIES FOR ADDRESSING HOUSING SHORTAGES

8- 1 General
8-2 Housing Shortages
8-3 Decision Factors
8-4 HUD Coordination
8-5 Special Consideration

APPENDICES

1. Excerpts from E.O. 12656
2. Emergency Standby Orders
3. Succession Orders
4. Authorities, Records and Resources
5. Appointment of Additional Certifying Officers to Facilitate Disbursing After an Attack
6. Advance Payments and Evacuation Payments
7. Federal Civil Readiness Levels and Instructions
8. Emergency Organization
9. Instructions for Claimancy and Control of Critical Materials in a Post-Attack Emergency

LIST OF SAMPLE FORMS

Sample Form A - Request and Approval to Requisition
Sample Form B - Order of Taking by the United States of America
Sample Form C - Certification by Ordering Officer
Sample Form D - Notice to Present Claims
Sample Form E - Proof of Claim
Sample Form F - Certificate of Ownership and Just Compensation
Sample Form G - Stipulation and Release
Sample Form H – Disclaimer
Sample Form MC-1 - HUD Certification of Priority

LIST OF ABBREVIATIONS

ADP     Automated Data Processing
DOA     Director of Administration
EOF     Emergency Operating Facility
EPC     Emergency Preparedness Council
EPS     Emergency Preparedness Staff
E.O.     Executive Order
FEMA     Federal Emergency Management Agency
FPC     Federal Preparedness Circular
FRC     Federal Regional Center
HB     Handbook
IPS     Office of Information Policies and Systems
NEMT     National Emergency Management Team
NSEP     National Security Emergency Preparedness
OAMS     Office of Administrative and Management Services
OMB     Office of Management and Budget
OPM     Office of Personnel Management
REC     Regional Emergency Coordinator
REMT     Regional Emergency Management Team
REPC     Regional Emergency Planning Committee
RMLO     Records Management Liaison Officer
VRRO     Vital Records Reporting Organization
VRROH     Vital Records Reporting Organization Head

CHAPTER 1. GENERAL

1-1. BACKGROUND. The Emergency Preparedness Program of the Department of Housing and Urban Development (HUD) includes both its national security emergency program and its natural disaster assistance program. This handbook provides policy and procedures for HUD's national security emergency program. (A separate Handbook 3200.2 Disaster Response and Assistance addresses HUD's natural disaster assistance program.) A national security emergency is any occurrence, including natural disasters, military attack, technological emergency, or other emergency that seriously degrades or threatens the national security of the United States.

The Secretary of Housing and Urban Development is responsible for preparing national plans and developing preparedness programs to deal with any national security emergency. Such plans and programs shall include the provision and management of housing, and the restoration of community facilities related to housing, in cooperation with the heads of other Federal departments and agencies and State and local governments.

1-2. PROGRAM PURPOSE. The purpose of the National Security Emergency Preparedness (NSEP) Program is to assure the continuity of the Department and to assure its ability to carry out its emergency functions. HUD is a Category "I" agency - i. e., it must continue to function without interruption during any national security emergency.

1-3. AUTHORITIES. The basic authority for HUD's NSEP Program is:

EXECUTIVE ORDER 12656 of November 18, 1988: This Executive Order assigns to the Secretary of Housing and Urban Development certain emergency preparedness functions, and directs the Secretary to prepare national emergency plans and to develop preparedness programs. The Order does not provide authority to effect these programs, but rather directs the Secretary to be prepared to do so upon further instruction from the President; see Appendix 1.

1-4. POLICY. All HUD emergency preparedness planning shall be subject to and consistent with the national security policy as established by the President, developed by the National Security Council and coordinated by the Federal Emergency Management Agency (FEMA), and with Executive Order 12656.

HUD's policy is that local and State governments should meet their emergency housing needs to the extent possible. If their resources are not sufficient to meet their needs, then the State government should officially request HUD to assist in providing necessary housing and community facilities.

1-5. RESPONSIBILITIES. HUD's NSEP Program responsibilities fall into two major categories:

A. Planning and Coordinating Responsibilities. These are the permanent and on-going responsibilities which include planning, developing, testing and administering the emergency preparedness program. The basic focus of these responsibilities is to assure that HUD is prepared to carry out its emergency functions. These responsibilities are in Chapter 2 of this Handbook.

B. Emergency Responsibilities. These are the responsibilities for managing HUD in an emergency. They are predetermined, but become operational only after the Secretary so orders. The Secretary may issue such an order only after the declaration (by the President or Congress) of a national security emergency. These responsibilities are in Chapter 4 of this Handbook.

2-1. GENERAL. Executive Order 12656 charges the heads of Federal Departments and agencies with the duty of assuring the continuity of the Federal Government in any national security emergency.

The Deputy Secretary is the senior policy official designated by the Secretary for HUD's emergency program, The Assistant Secretary for Administration is delegated operational responsibility for developing emergency plans and programs to assure continuity of the department in a national security emergency. Regional Administrators have the responsibility for developing regional emergency plans and programs, in accord with the program guidance of the Assistant Secretary for Administration.

The following organizations have been established in Headquarters and the Field Offices to carry out these permanent, ongoing planning and program development responsibilities.

2-2. HEADQUARTERS.

A. Emergency Preparedness Staff (EPS). The EPS has responsibility for coordinating HUD's NSEP Program. The EPS is located within the Office of Administrative and Management Services, Administration. The Director of the EPS is HUD's primary point of contact with the Federal Emergency Management Agency (FEMA).

B. Emergency Preparedness Council (EPC). The EPC consists of designated representatives from all major Headquarters organizations, and assists in developing and maintaining emergency plans, programs and essential records.

C. Executive Emergency Teams. As a Category I agency, HUD must be prepared to carry out its national-level essential functions from its Headquarters and from two other alternate emergency operating facilities, one of which would be with all other Category I agencies. HUD meets these requirements through the following three teams:

1. ALPHA - Crisis Management Team: This team shall have the primary responsibility for managing HUD's response to the national security emergency - in coordination with representatives of other Federal agencies, when appropriate. This team would function at Headquarters.

2. BRAVO - National Emergency Management Team (NEMT): Depending on the nature of the national security emergency, HUD representatives would join representatives from other agencies to form a functionally organized NEMT, which would manage the emergency from a designated facility. The HUD NEMT members must have a Top Secret security clearance.

3. CHARLIE - Recovery and Reconstitution Team: This team would conduct the recovery and reconstitution activities of HUD during the post-emergency period, and would provide assistance and support in carrying out HUD's emergency functions during the actual emergency period. This team would function in HUD's Emergency Operating Facility (EOF) outside Washington, D. C.

2-3. REGIONS.

A. Directors of Administration (DOA). Within each region, the DOA is the Regional Emergency Coordinator (REC). The Regional Administrator should also designate an alternate REC. The REC is responsible for coordinating the regional NSEP program and is the primary regional point of contact with the FEMA regional office, and the liaison with the Headquarters EPS.

B. Regional Emergency Planning Committee (REPC). The REPC is the regional counterpart to the Headquarters EPC and has the same functions (see above, paragraph 2-2 B).

C. Regional Emergency Teams. HUD Regional Offices shall maintain the capability to perform their essential functions in national security emergencies from two locations. The Regions meet these requirements through the following two teams:

1. ALPHA (Regional Crisis Management Team): This team would perform HUD's essential functions at the Regional Office.

2. BRAVO (Regional Emergency Management Team - REMT): HUD Regional representatives join representatives from other agencies to form a functionally organized REMT, which would manage the emergency from the Federal Regional Center (FRC). These HUD REMT members must have at least a Secret security clearance.

The Regional Administrators shall determine the location of Regional Headquarters in an actual national security emergency.

CHAPTER 3. CONTINUITY OF GOVERNMENT: PLANS AND GUIDANCE

3-1. GENERAL. HUD must assure continuity of its operations in any national emergency, especially during and immediately after an attack. The following paragraphs describe HUD's orders of succession, as well as basic HUD guidance on emergency functions, readiness levels, records, training, disbursing and pay. Executive Order 12656 requires HUD and all Category "I" agencies to have such plans and guidance,

3-2. SUCCESSION ORDERS. The Department has issued orders providing for succession to the positions of Secretary and principal office heads in a national security emergency (See Appendix 3). Regional Administrators must develop succession orders for the positions of Acting Regional Administrator and Acting HUD Emergency State Directors.

3-3. CASCADE ALERTING SYSTEM. The Department has established a cascade telephone alerting system by which Headquarters and field staff with emergency assignments will receive reporting orders and other instructions. The EPS at Headquarters and the Regional Emergency Coordinators should test this system annually.

3-4. FEDERAL CIVIL READINESS LEVELS. FEMA has established four civil readiness levels: COMMUNICATIONS WATCH, INITIAL ALERT, ADVANCED ALERT and ATTACK WARNING. Each level indicates the degree of readiness which Federal agencies must achieve in relation to a perceived threat to this nation's security. Appendix 7 contains the specific actions to be taken at HUD Headquarters and in the field for each readiness level. Notification regarding readiness levels is normally communicated through the cascade alerting system.

3-5. ESSENTIAL RECORDS. HUD maintains essential records from all major Headquarters program areas, as well as emergency standby orders, authorities, operating instructions, and other required working tools at a designated facility outside Washington, DC. Essential records, orders, authorities, etc., are also maintained at all Regional and Emergency State Offices, and at the Federal Regional Centers (See Chapter 7 and Appendix 4).

3-6. CONTINUITY OF DISBURSING. HUD has made provision for the appointment of Certifying Officers at the local level to avoid interruption of disbursing services in a national security emergency (See Appendix 5).

3-7. ADVANCE PAYMENTS AND EVACUATION PAYMENTS. HUD has established the authority and procedures for paying employees who are ordered to be evacuated from their assigned duty posts (See Appendix 6).

3-8. OPERATING INSTRUCTIONS. HUD has prepared a series of Operating Instructions to assist in providing housing and related community facilities in an emergency. A brief description of each follows:

A. Emergency Use of Tents and Trailers: Operating Instructions No. 1. In the pre-attack period, local governments should prepare an inventory of existing stocks of tents, recreational vehicles and manufactured housing (previously "campers" and "mobile homes") in the hands of dealers and manufacturers located within their geographical or jurisdictional area. Post attack activities include a determination as to what portion of the emergency housing need can be met by use of tents, recreational vehicles and manufactured housing and the process of putting these resources into place where they can be used. Instructions cover preparation and maintenance of a current inventory, standards for occupancy, site selection, preparation, acquisition, financing procedures, and management. This instruction will also be useful in natural disaster situations.

B. Emergency Repair of Damaged Housing: Operating Instruction No. 2. Emergency repairs to damaged housing means those repairs essential for restoring the damaged structures to minimum housing use, and may or may not include the repair of all damage sustained by the structure. Instructions include criteria for determining which structures are repairable, and methods, organization, sample contract forms and financing procedures for housing repair programs.

C. Emergency Conversion of Non-Dwelling Structures for Use as Dwellings: Operating Instructions No. 3. By definition, "conversion" is a term used to indicate a non-dwelling structure which is physically altered by construction changes or additions so that it may be used as living quarters for people. Instructions include program responsibility, standards for determining convertibility, contracts, financing, and sample forms.

D. Emergency Housing Construction: Operating Instruction No. 4. Plans, drawings, specifications, and lists of materials have been developed for the prefabrication and erection of emergency barrack-type structures to accommodate 20 persons each, or to be subdivided into family units. Some have been designed for use as mess halls and lavatories. Instructions include administrative procedures, design criteria, construction and financing procedures, and sample forms.

E. Emergency Community Facilities: Operating Instruction No. 5. Such facilities include installations necessary to furnish water, sewer, electric, and gas services between the housing unit or project and the nearest practical source or servicing point. Instructions cover administrative, construction and financing procedures, and sample forms for the repair, construction, and financing of emergency community facilities related to housing.

F. Emergency Housing Management Manual: Operating Instruction No. 6. Emergency housing owned, controlled, or financed by the Federal Government is subject to prescribed management policies and procedures. The manual includes policies and procedures covering eligibility criteria and selection of tenants; causes of removal; establishment, collection and disposition of rents; and other types of housing management activities.

G. Local Emergency Housing Service: Operating Instruction No. 7. This is a guide to local governments for establishing and operating emergency housing and related community facilities programs, including arrangements for the transfer of people from lodging billets to temporary or permanent housing. Included are details on responsibilities, authorities, relationship to other local plans and operations, pre-attack planning, staffing requirements, post-attack functions, and anticipated State and Federal Government housing operations.

CHAPTER 4. DEPARTMENTAL EMERGENCY ORGANIZATION

4-1. GENERAL. A standby emergency order establishing the HUD emergency organization at the National Headquarters, Regional and Field Office levels has been prepared and made a part of this handbook (See Appendix 8). The standby order becomes effective only when approved by the Secretary after the declaration of a National Emergency by the President or the Congress and after HUD has been directed by the President to activate HUD emergency programs. This standby order describes the HUD emergency responsibilities, establishes the emergency organization through which emergency functions are implemented, describes organizational assignments, and redelegates authority for emergency programs.

4-2. AUTHORITY. The HUD Emergency Organization is established pursuant to the authority contained in Sections 104, 201, 202, and Section 901 of Executive Order 12656.

4-3. NATIONAL HEADQUARTERS. The Headquarters emergency offices are identified, along with their assigned emergency functions, in Part I of the Secretary's standby emergency order, in Appendix 8, as follows:

A. Office of Emergency Program Development and Resource Management. This office is responsible for establishing program goals, formulating emergency housing programs based on a determination of housing needs, assessing and evaluating the Nation's housing resources and coordinating resource allocations and emergency programs with FEMA and other Federal agencies.

B. Office of Emergency Housing. This office consists of the following divisions with the following responsibilities:

1. Housing Production Division. This division is responsible for implementing and administering emergency housing programs, developing technical and construction standards, and providing for and regulating the financing of construction and repair of emergency housing and community facilities.

2. Housing Management Division. This division is responsible for managing, operating and maintaining all emergency housing, including the disposition of properties. This division trains and assists local and state housing agencies to perform these functions when appropriate.

C. Office of Emergency Community Planning and Development. This office consists of the following divisions with the following responsibilities:

1. Community Planning Division. This division is responsible for planning the reconstruction of damaged urban areas and the construction of new urban areas, for the financing of these programs, for coordinating these plans with long range urban development plans, and for coordinating with other agencies concerned with water, health and transportation.

2. Community Development Division. This division is responsible for adapting community development programs to the recommended urban reconstruction plans for post-attack recovery, for assisting in selection of locations for new or expanded urban development areas, and for assisting local governments to develop the capability to manage their own programs.

D. Support Organizations. All regular Headquarters organizations will redirect their efforts to support emergency operations until directed to do otherwise. The following organizations will be required to immediately support HUD's emergency operations in any National Emergency situation:

1. Administration is responsible for:

a. Administrative management of necessary supplies, equipment and office space to support emergency operations,

b. Availability of essential communications, and

c. Emergency functions of budget, personnel, accounting, procurement, and security.

2. General Counsel is responsible for:

a. Advising the Secretary on legal aspects of all emergency programs, and

b. Proposing and reviewing emergency legislation.

3. Fair Housing and Equal Opportunity is responsible for:

a. Civil rights compliance in the administration of all HUD programs related to emergency housing of families, urban and community planning, housing relocation, hiring of personnel, community development, and contracting. These activities shall be accomplished without discrimination on the basis of race, color, religion, sex, age, national origin, or handicap.

4. Office of Inspector General is responsible for:

a. Assuring that emergency programs developed are not subject to fraud or mismanagement, and

b. Auditing program utilization and funding.

4-4. EMERGENCY FIELD SERVICE. There is established herein the HUD Emergency Field Service which shall be activated by the Secretary (see Appendix 9, Part 11) in the event of a National Security Emergency when declared by the President or the Congress as provided by Section 301 of the Federal Civil Defense Act of 1950, as amended and after HUD has been directed by the President to activate HUD's emergency programs. The Emergency Field Service shall consist of the ten (10) HUD Regional Offices and the designated Emergency State Office for each of the fifty (50) States. The HUD Emergency Field Service provides a means of coordinating the Department's emergency functions at the local, State and Regional levels.

4-5. EMERGENCY DELEGATION OF AUTHORITY. Should communications be lost with Headquarters, the Regional and/or the Emergency State Offices are hereby delegated the emergency authority to implement HUD's emergency programs in support of local, State and Regional Housing needs (see Appendix 8, Part II, Paragraph 8).

A. Regional Offices. The Emergency Field Service in each Region is headed by the Regional Administrator who reports to the Secretary. The Regional Administrator is responsible for:

1. Developing an Emergency Field Service organization consistent with the Headquarters emergency organization and functions,

2. Coordinating all HUD emergency programs and activities within the Region's jurisdiction,

3. Assigning staff, resources and facilities of the Region to emergency operations, as needed,

4. Maintaining liaison with FEMA, other Federal agencies and adjacent HUD Regions for all emergency operations within the Region, and

5. Maintaining at Headquarters a current listing of the:

a. Order of Succession for Acting Regional Administrator,

b. Emergency State Offices and Directors, and

c. Order of Succession for Emergency State Directors.

B. Emergency State Offices. Each Regional Administrator has designated Emergency State Offices for each State within the Region's jurisdiction, which is headed by an Emergency State Director. The Emergency State Director administers all emergency housing programs in the counties within a designated State. The Emergency State Director reports to the Regional Administrator and is responsible for:

1. Assigning Field Office staff in the State to emergency operations, as needed,

2. Carrying out all HUD emergency housing programs in support of local and State emergency needs, when communications are lost with the Regional Office and Headquarters cannot be contacted, and

3. Coordinating emergency program activities with State emergency officials.

4-6. PREPAREDNESS PLANNING. Each Regional Administrator and each designated Emergency State Director shall formulate in advance under Headquarters guidance, plans necessary to facilitate the implementation and operation of the Department's emergency programs and the Emergency Field Service. The Regional 3200.1 Handbook, "Emergency Planning and Operations" prepared by each Region shall include the Region's "emergency functions", identify the Region's designated Emergency State Offices and define the Emergency Organization of the Region.

CHAPTER 5. EMERGENCY STANDBY ORDERS

5-1. GENERAL. HUD has prepared a series of emergency standby orders (see Appendix 2) which the Secretary can make effective upon:

A. Declaration of a national security emergency by the President or the Congress, and

B. A specific authorization for each standby order. Specific authorization for HUD's standby orders are flexible in that the authorizations may derive from Congressional actions, Executive Orders, or authorizations from FEMA and/or other agencies which will quote their own authorization for such issuances.

The incorporation of these orders into this handbook provides ready access to them by all HUD emergency personnel authorized to exercise emergency powers of the Secretary (See Chapter 4 of this Handbook).

5-2. PURPOSE. The HUD orders were developed for the purpose of dealing with the immediate problems during a national emergency and until such time as the housing situation could be assessed and the need for particular measures determined. These orders are intended as short-run measures, to be replaced or amended as the housing needs are determined. They are reviewed periodically to keep them current and in line with FEMA policies and HUD's emergency plans,

5-3. IDENTIFYING CODE SYSTEM. A system of identifying code words has been used as a means of notifying the field offices that these orders are in effect. The orders and their code word identifications are:

ASP - Order to Suspend All Nonessential Programs and Activities.

BEAR - Order Making Federally-Owned or Controlled Housing and Related Facilities Available for Refugee Lodging.

CAT - Delegation of Emergency Contracting Authority.

DOG - Order Delegating Authority to Requisition Private Property.

ELK - Delegation of Authority to Insure Timely and Necessary Authorizations for the Obligation, Expenditures, and Reimbursement of Funds and Other Appropriate Actions.

FOX - Delegation of Broad Activity to Take Immediate Civilian Personnel Action Necessary to the Effective Functioning of Agency Programs.

CHAPTER 6. RESOURCE MANAGEMENT

6-1. GENERAL. HUD resource management in a national security emergency is the process of assuring that housing resources are available to meet any housing needs that might arise. Executive Order 12656 assigns to HUD the responsibility of providing and managing housing in national security emergencies and restoring community facilities related to housing, in cooperation with other Federal Departments and agencies and State and local governments. Assessment of the Nation's housing resources under any emergency condition is essential in order to carry out the Department's assigned emergency responsibilities for resource management.

6-2. POLICY. The Department shall utilize all available data sources, and especially FEMA's automated, emergency resource data systems, both at the national and field levels, to assess and evaluate available housing relative to housing requirements. HUD shall provide and receive information on the status of the Nation's housing to and from other Federal Agencies and State and local officials through mutual exchange of data. HUD must report the effects of attack on HUD office facilities.

6-3. GUIDANCE. Utilization of the Nation's resources will be coordinated according to plans and instructions prepared at the Federal and State levels.

A. HUD Resource Management Plans. Plans for the development and management of emergency housing are contained in the seven HUD Emergency Operating Instructions available to staff in the field and at Headquarters; see Chapter 3 of this handbook.

B. State Plans. State governments have developed, under FEMA guidance, State Emergency Plans that contain State policies, guidance, and actions for the repair, conversion, construction, and management of emergency housing.

6-4. RESOURCE MANAGEMENT FUNCTIONS. HUD resource management includes the following functions:

A. Housing Resource Analysis. HUD assessment of housing in the event of a national security emergency, includes: estimating numbers of survivors, estimating housing resources available and comparing these two factors for a geographic location to determine housing resource needs. Evaluation and analysis of this information will facilitate development of plans for the provision of needed housing, which may include: the use of tents, mobile homes and existing housing, repair of damaged housing, construction of new housing, etc. Emergency Operating Instructions: Nos. 1, 2, 3, 4, 6 and 7 provide guidance for these functions.

B. Analysis of Community Facilities. HUD must assure that housing provided to survivors has water, sewers, gas and electricity necessary for safety and sanitation. HUD must coordinate the process of making community facilities available through the appropriate resource agencies and local community officials. Local communities prepare and maintain data on community facilities. The following resource agencies assist the local communities to compile the data: Environmental Protection Agency, Department of Commerce, Department of Energy and Department of Interior. HUD emergency staff use this data to determine the availability of utilities essential to housing. Emergency Operating Instruction No. 5 provides guidance for this function.

6-5. EMERGENCY PROGRAM SUPPORT. HUD has authority to certify its own priorities for essential materials and services to appropriate resource agencies. Post-attack procedures prescribed by the Department of Commerce for allocation of materials, supplies and equipment in effect at the time will be followed.

Claimancy. HUD is authorized to claim on a priority basis land, materials, labor, equipment, supplies, and services needed in support of emergency housing and essential community facilities (See Federal Preparedness Circular: FPC-6.) HUD will coordinate with all appropriate resource agencies to insure availability of required materials, equipment and labor. General guidance on claimancy is provided in Appendix 9.

6-6. IMPLEMENTATION RESPONSIBILITY. HUD develops housing resource information essential to the implementation of national recovery plans at both the Headquarters and field office levels. Headquarters assesses the Nation's overall housing resource status and provides this information to FEMA and the President for their planning of national recovery. State and local government's determinations of housing damage, housing needs and evaluation of local capability to implement emergency housing programs are essential to the development of specific recovery plans at the Regional levels.

HUD Emergency State Office Directors are authorized to implement, on behalf of the Secretary, any or all HUD emergency programs in their area of jurisdiction when communications are lost with their Regional Office and Headquarters. The seven Emergency Operating Instructions provide guidance for the HUD emergency housing program.

6-7. FEDERAL-STATE COOPERATION. The HUD Emergency State Offices shall develop a close working relationship with state civil defense agencies responsible for emergency housing. This involves exchange of information and guidance on policy issues. HUD Emergency State Directors shall become familiar with their appropriate State Emergency Plan and the State Agency responsible for its implementation. This will assure a coordinated effort by the State and HUD in the provision of emergency housing.

CHAPTER 7. VITAL RECORDS PROGRAM

7-1. PURPOSE. The purpose of the Vital Records Program is to ensure the selection and protection of that core of records necessary to the Department in performing its essential functions in a national emergency.

7-2. BACKGROUND. Executive Order 12656 requires each Federal department and agency to be prepared to carry out its essential functions under all national emergency conditions.

A. More specifically, HUD, with guidance from the Federal Emergency Management Agency (FEMA) is required to have the capability to accomplish its essential emergency National level functions without interruption from any one of three geographic locations, and its essential emergency Regional level functions from either of two geographic locations.

B. Towards the fulfillment of the requirements in A. above, HUD has established three National level emergency operating facilities: one at the Headquarters building; one at a facility designated by FEMA, and one at HUD's EOF. Similarly, each HUD Regional Office has two emergency operating facilities: one at the Regional Office building and the other at the FEMA Federal Regional Center (FRC).

7-3. AUTHORITIES.

A. Executive Order 12656 directs the departments and agencies to develop such plans and take such actions as necessary to continue as a viable part of the Federal Government during any emergency that might conceivably occur. These include plans for maintaining the continuity of essential functions through programs concerned with, among others, safekeeping of Vital Records.

B. Executive Order 12148 specifies that FEMA shall develop policies and plans to assure the continuity of essential Government activities through a variety of programs including the safekeeping of essential records.

7-4. DEFINITIONS: The terms below have the meaning indicated when used in connection with the Vital Records Program:

A. Vital Records are those records necessary to the Department in performing its essential functions during a national emergency (including a nuclear attack on this country).

B. Vital Records Reporting Organizations (VRROS) are Headquarters organizations whose heads report directly to the Secretary or Deputy Secretary and Regional organizations whose heads report directly to the Regional Administrator.

7-5. HOW THE VITAL RECORDS PROGRAM OPERATES. A great deal of Departmental records are on magnetic tape and are transferred once a year to a facility designated by FEMA by the Office of Information Policies and Systems (IPS), and the Emergency Preparedness Staff (EPS). These tapes are backed up on a daily basis at a non-governmental facility. Record Management Liaison Officers (RMLOS) need only to determine whether any of their Vital Records are not on tape. These "hard copy" records would need to be collected at a minimum annually and forwarded to EPS for transfer to the designated facility.

Upon arrival of the tapes at the designated facility, an OAMS employee will conduct an inventory of the tapes to insure that all tapes listed are actually received. An OAMS employee will also conduct an inventory of all tapes on hand at the designated facility prior to their return to IPS. (The prior year's tapes should be returned to IPS at the same time the current year's tapes are delivered.) An inventory will also be conducted at the six month interval.

Along with the shipment of tapes, IPS will also send a current copy of the IPS Inventory of Automated Systems and a current ADP Contingency Plan.

7-6. RESPONSIBILITIES.

A. Vital Records Reporting Organization Heads (VRROHs) are responsible for the Vital Records Program for their organizations including the identification of Vital Records on hard copy that are not on magnetic tape. Specifically the VRROHs have oversight responsibility for all Vital Records functions within their respective organizations including:

1. Designating a Records Management Liaison Officer (RMLO).

2. Identifying Vital Records in their possession on hard copy and certifying a list of such records. The records shall be listed on the "Annual Report on Vital Records". Identification is a judgment call made by the program people within the organization who best know the kinds of essential functions most likely to be performed by their organizations during a national emergency, and the kinds of records necessary in performing those essential functions. It has to be kept in mind though, that whatever is on tape is automatically transmitted to the designated facility and the non-governmental computer backup facility.

3. Gathering copies of each of the records and forwarding them to the Emergency Preparedness Staff.

4. Assuring the periodic transmittal of those records which need to be updated more frequently than annually.

5. Maintaining a proper correspondence file regarding this Vital Records assignment, including copies of transmittals of Vital Records.

6. Maintaining proper liaison with the staff which has coordinating responsibility for the Vital Records Program (i.e., in Headquarters, the Emergency Preparedness Staff; and in the Regions, the Regional Emergency Coordinator).

B. Emergency Preparedness Staff (EPS): The Emergency Preparedness Staff (Office of Administrative and Management Services, Office of Administration), is the overall coordinating unit for all of the Department's emergency preparedness programs, including the Vital Records Program. Specifically, this staff shall be responsible for developing and maintaining the system including:

1. Requesting from each VRROH, the Annual Report on Vital Records.

2. Providing advice and assistance on the selection of Vital Records.

3. Maintaining liaison with the National Archives and Records Administration, FEMA, and other Government agencies, on all Vital Records matters.

4. Receiving, storing, retrieving, disposing and reporting activities related to records at the designated facility.

C. Records Management Liaison Officers (RMLOs). RMLOs serve as the principal point of contact within their organizations on all matters relating to Vital Records. They are responsible for assuring the actual performance of all of the Vital Records activities for which their organization heads are responsible, except, of course, the designation of the Records Management Liaison Officer and the actual certification of the organization's list of Vital Records.

D. Regional Emergency Coordinators (RECs) have implementation responsibilities in the Regions paralleling those of the Emergency Preparedness Staff in Headquarters. Specifically, the REC is responsible for:

1. Initiating the Annual Report on Vital Records in the regions by preparing a memorandum of request to reporting organizations.

2. Providing advice and assistance on the selection of Vital Records. In carrying out this advisory function, the REC should bear in mind any space limitations that HUD may be subject to at the Federal Regional Center (FRC).

7-7. RELATIONSHIP OF VITAL RECORDS TO ESSENTIAL EMERGENCY FUNCTIONS. Since Vital Records are those records necessary for the Department to perform its essential functions during a national emergency (including a nuclear attack), an understanding of HUD's essential emergency functions is necessary.

7-8. HUD's ESSENTIAL EMERGENCY FUNCTIONS. In general HUD's essential emergency functions are the following:

A. Before National - develop emergency plans and Security Emergency programs;

- establish capability to function in emergency conditions.

B. During National - advise the national leadership regarding Security Emergency damage to housing and community facilities;

- advise the national leadership regarding what it should instruct and inform the nation;

- recommend to the national leadership housing objectives in accord with the evolving situation; and

- prepare to coordinate federal housing assistance to State/local governments at earliest opportunity.

C. After National - organize and staff for housing recovery; Security Emergency

- initiate temporary housing program;

- initiate salvage, rehabilitation and new Construction operations for permanent housing and community facilities;

- initiate urban development programs;

- arrange for adequate financing for above;

- develop national long-range housing policy;

- establish national housing goals, objectives and priorities;

- preserve the rights and interests of individual citizens and the Government (through use of records containing proof of ownership, financial interest, legal decisions, etc.)

7-9. RECOMMENDING VITAL RECORDS. Each HUD RMLO should identify as a Vital Record any document associated with its organization which is necessary to the Department for performance of the essential emergency functions. Each year's List of Vital Records for any organization should of course begin with a review of the validity of the most recent Vital Records Listing for that organization.

7-10. SCREENING AGENCY RECORDS. As a safeguard against overlooking Vital Records needed for performance of essential emergency functions, it is recommended that special consideration is given to the following types of records:

A. General Management Records.

1. Copies of basic legislation, regulations and procedures.

2. Summary status reports on its regular on-going programs.

B. Personnel Records.

1. Rosters of employees (telephone directories or payroll lists).

2. Rosters of employees showing skills that might be useful during or following an emergency.

C. Legal Rights Records.

1. Records of legal rights maintained by the Federal Government as the statutory office of records.

2. Civil Service employees' records of equity in their retirement funds; also their leave and pay records.

D. Fiscal Records.

1. Periodic summaries of financial status of programs.

2. Records of significant amounts of money due the Government.

3. Records of certain debts owed by the Government.

4. Records of loans the Government has made.

E. Industrial (Type) Records.

1. Engineering drawings.

2. Lists of suppliers of items and materials not available everywhere.

7-11. GUARDING AGAINST OVERLY ELABORATE VITAL RECORDS PROGRAM. Some agencies identify too many records as "vital," thereby risking (unnecessarily) running into budget or procedural difficulties. Private companies, usually identify no more than one or two percent of their records as "vital."

7-12. HUD HEADQUARTERS ISSUANCES AND FORMS ALREADY BEING STORED. Although not all HUD Headquarters issuances (Handbooks, Mortgagee Letters and Notices) and forms would be considered Vital Records, many would. Since there is a constant flow of Headquarters issuances and forms being printed, it has been determined to be more cost effective for HUD to treat all of them as Vital Records and send copies to the Headquarters storage center(s) automatically at the time of their initial distribution.

CHAPTER 8. ALTERNATIVE STRATEGIES FOR ADDRESSING HOUSING SHORTAGES

8-1. GENERAL. National security emergencies can run the gamut from a catastrophic natural disaster (such as a massive earthquake) to a conventional or nuclear war. In all such emergencies, severe housing shortages may result. HUD's role in these emergencies is to coordinate the effort to provide housing and related community facilities (water, sewers, gas, electricity), whenever the emergency is clearly beyond the capability of State and local governments to handle, or when the States request HUD assistance. Otherwise, the HUD role is to support State and local governments, which have primary responsibility to deal with emergencies.

8-2. HOUSING SHORTAGES. The nature of a housing shortage can vary very widely, for example, from the need for additional housing for war workers and their families in an industrial mobilization to the need to house millions of survivors after a nuclear attack has destroyed a large portion of the Nation's housing stock. By the same token, HUD staff have a large number of alternatives to respond to different types of housing shortages. This chapter does not intend to provide an exhaustive list of alternatives, but rather to describe the type of actions that HUD staff should consider in any shortage and a summary of some possible approaches available for relieving housing shortages. The specific actions to be taken in an emergency will depend on the actual problems to be solved, and especially on how severe and widespread the shortage is and how quickly the housing must be made available. For some of these approaches, authority already exists to carry them out; while for others, local/State/Federal legislation may be required.

A. Alternative Approaches: In ascending order from zero to total government control, the following are a range of possible government interventions to alleviate housing shortages:

1. The free market alone solves the problem. Over time, the demand for housing stimulates the production of an adequate supply.

2. Conduct private market surveys of existing, vacant, housing units.

3. Make available HUD-owned units for use.

4. Determine availability of public housing units.

5. Encourage car and van pools and special bus transportation to take advantage of vacancies at a distance.

6. Arrange temporary housing through use of hotels/motels, mobile home parks, or even "tent cities".

7. Determine fair-market rents.

8. Encourage local governments to rescind zoning ordinances which inhibit the sale or rental of housing units.

9. Assist in new construction, including barracks-type housing.

10. Local/State/Federal governments prioritize and allocate building materials.

11. Federal government provides credit guarantees and/or subsidizes interest rates.

12. Federal government guarantees to owners/developers full occupancy levels and/or a stipulated rate of return on their investment.

13. Federal government provides bonuses to factories quickly producing mobile homes and other forms of manufactured housing.

14. Federal government funds and directly contracts for emergency housing construction.

8-3. DECISION FACTORS. Among the decision factors to be considered are the severity and extent of the emergency, how quickly housing must be provided to how many, the consequence of delays in providing needed housing, and the availability of needed resources to build housing. As economic goods, the supply of housing is relatively inelastic in the short term -- i.e., it takes considerable time to improve land and build housing, no matter how strong the demand. Also, emergency housing is frequently a problem that needs to be solved only once - i.e., once the shortage is eliminated, the problem does not resurface - at least in the same location. Moreover, it is possible that severe shortages could occur only in a few localities and not be a national problem. All of these factors influence the choices to be made to solve emergency housing problems.

8-4. HUD COORDINATION. As always in emergencies, proper coordination with appropriate agencies is paramount.

With regard to housing and community facilities, HUD staff would necessarily have to develop their plans jointly with staff from many other departments and agencies: e.g., the Departments of Interior, Health and Human Services, Commerce, Labor, Agriculture, Defense, Treasury, Energy, Transportation, the Environmental Protection Agency and others. The need for coordination arises from the dependence of housing and community facilities on available food and water supplies, energy resources, a safe environment, medical resources, money, building supplies, transportation, labor, etc.

At the national, State and local levels, HUD staff would coordinate and plan with other Federal, State and local entities regarding where and when housing should be constructed for the long term.

They would determine what useable housing is available, what housing could be salvaged or rehabilitated and what new construction would be required. The number and location of people to be sheltered, together with all of the factors mentioned above would have to be analyzed to develop workable plans to achieve military, social and industrial goals, at the national, regional and local levels.

HUD staff should coordinate their efforts as much as possible with FEMA, since it can provide information on a variety of resources, solutions and alleviate confusion, when multiple players are involved in managing a National Security Emergency. FEMA is also a major player in establishing damage assessment figures.

Once national housing goals and plans have been approved, Headquarters staff must determine how to fund and staff the programs to be implemented. Probably some funds and staff can be redirected from suspended, non-essential programs to the essential emergency programs. If, however, additional dollars and staff are required, HUD would coordinate with the Office of Management and Budget (OMB) to develop budget requests for Congress.

Regarding staffing needs, HUD would coordinate with the Office of Personnel Management and the Department of Labor to acquire people with the required skills, after determining how many and where the additional people were needed.

If a new comprehensive effort is needed at the national level to overcome a severe housing shortage in a national security emergency, HUD will make specific recommendations for decision makers, including the President and Congress.

8-5. SPECIAL CONSIDERATION. In the process of finding solutions for various housing shortage situations, an interesting fact should be kept in mind. Historically ten percent of U.S. pre-attack/emergency dwellings are not occupied. Sixty-five percent of occupied dwellings average two or more rooms per person. Pre-attack/ emergency U.S. dwelling space per person exceeds European averages by more than double and Soviet averages by more than triple. Thus depending on the particular situation in the affected location much sheltering may be accomplished by making greater use of existing housing.

Appendix 1
Executive Order 12656 of November 18, 1988

Assignment of Emergency Preparedness Responsibilities

WHEREAS our national security is dependent upon our ability to assure continuity of government, at every level, in any national security emergency situation that might confront the Nation; and

WHEREAS effective national preparedness planning to meet such an emergency, including a massive nuclear attack, is essential to our national survival; and

WHEREAS effective national preparedness planning requires the identification of functions that would have to be performed during such an emergency, the assignment of responsibility for developing plans for performing these functions, and the assignment of responsibility for developing the capability to implement those plans; and

WHEREAS the Congress has directed the development of such national security emergency preparedness plans and has provided funds for the accomplishment thereof;

NOW, THEREFORE, by virtue of the authority vested in me as President by the Constitution and laws of the United States of America, and pursuant to Reorganization Plan No., 1 of 1958 (72 Stat. 1799), the National Security Act of 1947, as amended, the Defense Production Act of 1950, as amended, and the Federal Civil Defense Act, as amended, it is hereby ordered that the responsibilities of the Federal departments and agencies in national security emergencies shall be as follows:

PART 1 - Preamble

Section 101. National Security Emergency Preparedness 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 national security emergency. A national security emergency is any occurrence, including natural disaster, military attach, technological emergency, or other emergency, that seriously degrades or seriously threatens the national security of the United States. Policy for national security emergency preparedness shall established by the President. Pursuant to the President's direction, the National Security Council shall be responsible for developing and administering such policy. All national security emergency preparedness activities shall be consistent with the Constitution and laws of the United States and with preservation of the constitutional government of the United States.

(b) Effective national security emergency preparedness planning requires: identification of functions that would have to be performed during such an emergency; 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 national security emergency preparedness 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 authorized by law.

Sec. 103. Scope.

(a) This Order addresses national security emergency preparedness functions and activities. 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 to mobilize for, respond to, and recover from a national security emergency.

(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 constitute a national security emergency.

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

Sec. 104. Management of National Security Emergency Preparedness.

(a) The National Security Council is the principal forum for consideration of national security emergency preparedness policy.

(b) The National Security Council shall arrange for Executive branch liaison with, and assistance to, the Congress and the Federal judiciary on national security-emergency preparedness matters.

(c) The Director of the Federal Emergency Management Agency shall serve as an advisor to the National Security Council on issues of national security emergency preparedness, including mobilization preparedness, civil defense, continuity of government, technological disasters, and other issues, as appropriate. Pursuant to such procedures for the organization and management of the National Security Council process as the President may establish, the Director of the Federal Emergency Management Agency also shall assist in the implementation of and management of the National Security Council process as the President may establish, the Director of the Federal Emergency Management Agency also shall assist in the implementation of national security emergency preparedness policy by coordinating with the other Federal departments and agencies and with State and local governments, and by providing periodic reports to the National Security Council on implementation of national security emergency preparedness policy.

(d) National security emergency preparedness functions that are shared by more than one agency shall be coordinated by the head of the Federal department or agency having primary responsibility and shall be supported by the heads of other departments and agencies having related responsibilities.

(e) There shall be a national security emergency exercise program that shall be supported by the heads of all appropriate Federal departments and agencies.

(f) 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.

(a) All appropriate Cabinet members and agency heads shall be consulted regarding national security emergency preparedness programs and policy issues. Each department and agency shall support interagency coordination to improve preparedness and response to a national security emergency and shall develop and maintain decentralized capabilities wherever feasible and appropriate.

(b) Each Federal department and agency shall work within the framework established by, and cooperate with those organizations assigned responsibility in, Executive Order No. 12472, to ensure adequate national security emergency preparedness telecommunications in support of the functions and activities addressed by this Order.

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 national security emergencies, including those that are international in scope, and those that may occur within any region of the Nation;

(2) Consider national security emergency preparedness factors in the conduct of his or her regular functions, particularly those functions essential in time of emergency. 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 policy official as Emergency Coordinator, responsible for developing and maintaining a multi-year, national security emergency preparedness plan for the department or agency to include objectives, programs, and budgetary requirements;

(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 indication of a probable national security emergency. This will include:

(a) Development of a system of emergency actions that defines alternatives, processes, and issues to be considered during various stages of national security emergencies;

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

(5) Base national security emergency preparedness 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 National Security Council regarding national security emergency preparedness activities and functions of the Federal Government;

(8) Coordinate with State and local government agencies and other organizations, including private sector organizations, when appropriate. Federal plans should include appropriate involvement of and reliance upon private sector organizations in the response to national security emergencies;

(9) Assist State, local, and private sector entities in developing plans for mitigating the effects of national security emergencies and for providing services that are essential to a national response;

(10) Cooperate, to the extent appropriate, in compiling, evaluating, and exchanging relevant data related to all aspects of national security emergency preparedness;

(11) Develop programs regarding congressional relations and public information that could be used during national security emergencies;

(12) Ensure a capability to provide, during a national security emergency, information concerning Acts of Congress, presidential proclamations, Execution orders, regulations, and notices of other actions to the Archivist of the United States, for publication in the Federal Register, or to each agency designated to maintain the Federal Register in an emergency;

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

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

(15) Consult and coordinate with the Director of the Federal Emergency Management Agency to ensure that those activities and plans are consistent with current National Security Council 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.

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 and following national security emergencies;

(3) Prepare plans and procedures to share between and among the responsible agencies resources such as energy, equipment, food, land, materials, minerals, services, supplies, transportation, water, and workforce needed to carry out assigned responsibilities and other essential functions, and cooperate with other agencies in developing programs to ensure availability of such resources in a national security emergency;

(4) Develop plans to set priorities and allocate resources among civilian and military claimants;

(5) Identify occupations and skills for which there may be a critical need in the event of a national security emergency.

Sec. 204. Protection of Essential Resources and Facilities. The head of each Federal department and agency, within assigned areas of responsibility, shall:

(1) Identify facilities and resources, both government and private, essential to the national defense and national welfare, and assess their vulnerabilities and develop strategies, plans, and programs to provide for the security of such facilities and resources, and to avoid or minimize disruptions of essential services during any national security emergency;

(2) Participate in interagency activities to assess the relative importance of various facilities and resources to essential military and civilian needs and to integrate preparedness and response strategies and procedures;

(3) Maintain a capability to assess promptly the effect of attack and other disruptions during national security emergencies.

Sec. 205. Federal Benefit, Insurance, and Loan Programs. The head of each Federal department and agency that administers a loan, insurance, or benefit program 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. 206. 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 National Security Council of scientific and technological developments that should be considered in national security emergency preparedness planning.

Sec. 207. 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 to authorize successive redelegations to organizations, officers, or employees within that department or agency.

Sec. 208. Transfer of Functions. Recommendations for interagency transfer of any emergency preparedness function assigned under this Order or for assignment of any new emergency preparedness function shall be coordinated with all affected Federal departments and agencies before submission to the National Security Council.

Sec. 209. Retention of Existing Authority. Nothing in this Order shall be deemed to derogate from assignments of functions to any Federal department or agency or officer thereof made by law.

PART 9 - Department of Housing and Urban Development

Sec. 901. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Housing and Urban Development shall:

(1) Develop plans for provision and management of housing in national security emergencies, including:

(a) Providing temporary housing using Federal financing and other arrangements;

(b) Providing for radiation protection by encouraging voluntary construction of shelters and voluntary use of cost-efficient design and construction techniques to maximize population protection;

(2) Develop plans, in cooperation with the heads of other Federal departments and agencies and State and local governments, to restore community facilities, including electrical power, potable water, and sewage disposal facilities, damaged in national security emergencies.

Appendix 2
EMERGENCY STANDBY ORDERS

1. EMERGENCY STANDBY ORDERS. Attached are six emergency standby orders that can be made effective upon specific authorization. (See Chapter 5):

A. ASP

B. BEAR

C. CAT

D. DOG

E. ELK

F. FOX

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

ASP

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

ORDER TO SUSPEND ALL NONESSENTIAL PROGRAMS AND ACTIVITIES

TO: ALL OFFICIALS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Section 1. Pursuant to the authority delegated to the Secretary of Housing and Urban Development by the________________,

I hereby direct the immediate suspension of all operations of your respective organizations in connection with the undertaking or completion of programs, activities, projects and applications administered by such organizations unless:

A. Such suspension will result in irreparable damage or injury to the Government and the continuation of the operation will not involve the expenditure or commitment of resources (including materials, staff and funds) otherwise necessary to meet the national defense emergency, or

B. Such undertaking or activity is directly or specifically necessary or helpful in meeting the national defense or emergency.

Section 2. You are requested to issue appropriate orders or directives to your respective organizations to implement and carry out this directive, and to the extent that exceptions under "A" and "B" above cannot be determined and promulgated immediately with respect to any program, activity, project or application, you are to suspend without exception all operations in connection therewith, without prejudice to subsequent reactivation of such operations within said exceptions.

Section 3. This Order is effective the_________day of _________, 19__.

Secretary of Housing and Urban Development

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

BEAR

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

ORDER MAKING FEDERALLY-OWNED OR CONTROLLED HOUSING AND RELATED FACILITIES AVAILABLE FOR REFUGEE LODGING

TO: ALL FEDERAL DEPARTMENTS AND AGENCIES OWNING OR CONTROLLING HOUSING AND RELATED FACILITIES

Section 1. Pursuant to the authority delegated to the Secretary of Housing and Urban Development by the ________________, all housing and related facilities Federally-owned or controlled shall be made available immediately for the necessary lodging of refugees.

Section 2. Each Federal Department and Agency having jurisdiction over such housing and related facilities is hereby delegated authority, pending issuance of further orders, to take such actions as are necessary to implement this Order including, without limitation, the assignment of housing accommodations to refugees in the area of such housing; the establishment, if necessary, of priority rights thereto on basis of sex, age, and physical disability but without regard to race, color, religion or national origin; the establishment of procedures and operations for recording, to the extent possible, actions taken hereunder and claims for compensation or damages resulting therefrom; and the enforcement of measures essential to the accomplishment of this Order.

Section 3. Each such Federal Department and Agency shall forthwith prepare and transmit to the Secretary of Housing and Urban Development a list, in triplicate, of Federally-owned or controlled housing accommodations within their respective jurisdictions indicating:

A. the location, character (single, duplex, apartments, barracks, trailers, etc.) and the number and size thereof (either in terms of dimensions or units and rooms per unit);

B. present number of vacancies and estimate of the additional number of refugees that may be accommodated by such housing under emergency conditions;

C. the adequacy and maximum capacity of existing community facilities to meet increased demands; and

D. the nature and extent of the Government's interest in and control over such housing.

Section 4. Housing and related facilities mean, for the purpose of this Order, all dwellings suitable for human habitation or structures readily convertible to same, and the facilities related thereto, including, without limitation, houses, apartments, barracks, trailers, tents, recreation shelters and halls, armories, warehouses and similar accommodations.

Section 5. This Order shall not apply to the Department of Defense and military services thereunder, the Nuclear Regulatory Commission (NRC) and other Government agencies directly involved in the national defense and/or subject to security regulations and controls, except to the extent that housing and related facilities owned or controlled by them can be made available for lodging refugees by virtue of not being subject to security regulations and not being used or not presently essential to the carrying out of the functions and operations of said departments and agencies.

Section 6. This Order is effective the_______ day of_______, 19__.

Secretary of Housing and Urban Development

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CAT

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

DELEGATION OF EMERGENCY CONTRACTING AUTHORITY

TO: ALL OFFICIALS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Pursuant to the authority delegated to the Secretary of Housing and Urban Development by the _______________, it is hereby ordered as follows:

Section 1.

A. Subject to the provisions of Sections 2 and 3 of this Order and subject to such other policies as may be prescribed by the _____________, the authority for Emergency Contracting Authority is hereby delegated to the Assistant Secretaries, respectively, the Regional Administrators and Emergency State Directors (as provided in Chapter 4 of this Handbook).

B. The authority delegated by this section may be redelegated to such officers and employees of the Department of Housing and Urban Development as are deemed appropriate to carry out the emergency responsibilities and functions of the Department.

Section 2.

A. The contracts hereby authorized to be made include agreements of all kinds (whether in the form of letters of intent, purchase orders, or otherwise) for all types and kinds of things and services necessary, appropriate or convenient for the national defense, or for the invention, development, or production of, or research concerning any such things so long as such agreements are consistent with the Government priorities and allocation regulations, orders and directives.

B. The officers and employees as designated may by agreement modify or amend or settle claims under contracts heretofore or hereafter made; may make advance, progress, and other payments upon such contracts of any percentum of the contract price, and may enter into agreements with contractors or obligors, modifying or releasing accrued obligations of any sort, including accrued liquidated damages or liability under surety or other bonds, whenever, in their judgment, the national defense will be thereby facilitated. Amendments and modifications of contracts may be with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished hereunder, irrespective of the time or circumstances of the making, or the form, of the contract amended or modified, or of the amending or modifying contract, and irrespective of rights which may have accrued under the contract or the amendments or modifications thereof.

C. Advertising, competitive bidding, and bid, payment, performance or other bonds or other forms of security need not be required.

D. Complete data shall be maintained by the responsible HUD Officials as to all contracts and purchases made pursuant to this directive. The responsible officials designated in section (A) shall make available for public inspection so much of such data as they may respectively deem compatible with the public interest and as does not cover classified contracts or purchases.

Section 3.

A. There shall be no discrimination in any act performed hereunder against any person on the ground of race, creed, color, or national origin, and all contracts hereunder shall contain a provision that the contractor or any subcontractors thereunder shall not so discriminate.

B. All good faith efforts shall be made to assure minority business involvement in any emergency contracting activities.

C. No claim against the United States arising under any purchase or contract made under the authority of this Order shall be assigned except in accordance with the Assignment of Claims Act of 1940 (54 Stat. 1029).

D. Advance payments shall be made hereunder only after careful scrutiny to determine that such payment will promote the national defense.

E. Every contract entered into, amended, or modified pursuant to this Order shall contain a warranty by the contractor in substantially the following terms:

"The Contractor warrants that no person or selling Agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage, or contingent fee."

F. All contracts entered into, amended, or modified pursuant to authority of this Order shall include a clause to the effect that the Comptroller General of the United States or any of his/her duly authorized representatives shall have access to and the right to examine any pertinent books, documents, papers and records of the contractor or any of his/her subcontractors engaged in the performance of and involving transactions related to such contract or subcontracts.

G. Nothing herein shall be construed to authorize the cost-plus-a-percentage-of-cost system of contracting.

H. Nothing herein shall be construed to authorize any contracts in violation of existing law relating to limitation of profits, or the payment of a fee in excess of such limitation as may be specifically set forth in the act appropriating the funds of granting the contract authorization obligated by a contract. In the absence of such limitation, the fixed fee to be paid the contractor as a result of any cost-plus-a-fixed-fee contract entered into under the authority of this Order shall not exceed ten percentum of the estimated cost of the contract, exclusive of the fee, as determined by the Secretary at the time of entering into such contract (except that a fee not in excess of 15 percentum of such estimated cost is authorized in any such contract for experimental, developmental, or research work; and that a fee inclusive of the contractor's costs and not in excess of six percentum of the estimated cost, exclusive of fees, as determined by the Secretary at the time of entering into the contract, of the project to which such fee is applicable, is authorized in contracts for architectural or engineering services relating to any public works or utility project).

I. No contract or modification or amendment thereof shall be exempt from the provisions of the Copeland Act (48 Stat. 948), as amended, because of being entered into without advertising or competitive bidding, and the provisions of such Act, if otherwise applicable, shall apply to contracts made and performed under the authority of this Order.

J. Nothing herein contained shall prejudice any authority which the Department may have with respect to procurement.

Section 4. This Order is effective the _______ day of ______, 19___.

Secretary of Housing and Urban Development

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DOG

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

ORDER DELEGATING AUTHORITY TO REQUISITION PRIVATE PROPERTY

Pursuant to the authority delegated to the Secretary of Housing and Urban Development by the ___________, it is hereby ordered as follows:

1. DELEGATION. Authority to requisition supplies, equipment and property, or to condemn or use private property in the interest of national security, to provide housing and related facilities for dislocated persons is hereby delegated to the HUD Assistant Secretaries, respectively, and to the Regional Administrators and Emergency State Directors (as provided in Chapter 4 of this Handbook), in connection with carrying out their respective functions and responsibilities, and may be exercised by them in accordance with the procedures established by the Secretary of Housing and Urban Development and the policies and procedures specified in this Order.

2. REDELEGATION. Each of the foregoing officers, hereinafter referred to as Requisitioning Authority, is authorized, subject to the provisions of this Order, to redelegate the authority vested in him/her under Section 1 above, to such responsible officers and employees under his/her jurisdiction who have personal knowledge of the policies prescribed by this action and who shall be hereinafter referred to as Ordering Officers.

3. LIMITATIONS ON USE OF REQUISITIONING AUTHORITY. The authority to requisition private property, hereby redelegated, being one of the most drastic powers exercised by the Federal Government, shall be used only when necessary for military operations and support, or survival of the population of the country. The power is not to be used, ordinarily, until reasonable attempts to secure the required property by purchase or other arrangements have failed, or unless time does not permit such attempts to be made or continued. Except when the exigencies of the situation otherwise require, the requisitioning of real property or facilities should be limited to requisitioning the temporary use of such property or facilities. Requisitioning actions without centralized review in advance should be limited to actions required by those exigencies primarily in disaster areas and, to the maximum practicable extent, should be taken only during the immediate critical period. Any actions taken under this order shall be free from discrimination based on race, color, religion, sex, age, national origin or handicap.

4. ORDER OF TAKING. When any property is requisitioned an Order of Taking shall be given by the ordering officer to the extent practicable to all persons known to have or to claim any interest in the property, and all of those persons shall be directed to file their claims with the Requisitioning Authority.

5. JUST COMPENSATION. As promptly as practicable after property has been requisitioned, the Requisitioning Authority shall make a preliminary determination of just compensation to be paid for the property. To the extent practicable, the Requisitioning Authority shall give notice of this determination to each person known to have or to claim interest in the property. A claimant may file written objections to the preliminary determination with the Requisitioning Authority, specifying in reasonable detail the grounds for his/her objection, not later than 180 days after receipt of this notice.

6. CLAIMS. Whenever an objection is filed, the Requisitioning Authority shall designate a time and a place for all persons known to have or to claim an interest in the property requisitioned to appear in support of their claims. This appearance shall be before a Board or an official formally designated by the Requisitioning Authority for this purpose. No member of any Board or official so designated shall have participated in any way in the preliminary determinations. The Board or official shall hear the claimants who appear and shall receive any evidence relevant to the inquiry. A transcript of recording of the proceeding before the Board or official and copies of all written evidence submitted shall be preserved. Following the inquiry, the Board or official shall make a recommendation to the Requisitioning Authority with respect to the amount of compensation to be paid.

7. SETTLEMENT AGREEMENT. At any time after property has been requisitioned, the Requisitioning Authority may enter into a settlement agreement with the claimants as to the amount of compensation and the persons entitled thereto, provided that at the time of making any settlement, the Requisitioning Authority shall determine that the amount of the settlement constitutes just compensation for the property requisitioned.

8. ENTITLEMENT. No payment shall be made to any claimant until:

a. the claimant has presented such proof of this entitlement as the Requisitioning Authority may require, and

b. the Requisitioning Authority with the advice of appropriate legal counsel has determined that compensation or any part thereof may safely be paid. If the Requisitioning Authority determines that compensation can safely be paid to any claimant, such compensation shall be paid to persons entitled and willing to accept. If such person or persons are unwilling to accept the award, only 75% of the amount awarded may be paid and the owner or owners shall be left to their remedy in a court of competent jurisdiction. If the Requisition Authority determines that the compensation cannot safely be paid to any claimant, an award of compensation shall be made and the amount of the award shall be set aside until the person or persons entitled to receive the award can be established.

9. EVIDENCE. A Requisitioning Authority may administer oaths and affirmations and may require by subpoena or otherwise the attendance and testimony of a witness and the production of any books or records or any other documentary or physical evidence which may be required at any designated place in any state, or at any other place subject to the jurisdiction of the United States of America.

10. RETURN OF PROPERTY. When the property requisitioned is not consumed in whole or in part in the use thereof, e.g., real property or machinery, such property shall be returned to the owner as soon as the need thereof ceases to exist.

11. IMPLEMENTING INSTRUCTIONS. The Instructions describing the procedures to be followed in executing the provisions of this Order are entitled "Standby Procedure for Requisitioning Privately-Owned Real Property in a National Defense Emergency."

12. EFFECTIVE DATE. This Order is effective the ________ day of ____, 19__.

Secretary of Housing and Urban Development

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STANDBY PROCEDURE
for
REQUISITIONING PRIVATELY OWNED REAL PROPERTY IN A NATIONAL DEFENSE EMERGENCY

Department of Housing and Urban Development
Assistant Secretary for Administration
Emergency Preparedness Staff

1. GENERAL. This procedure is pursuant to the Secretary's order "DOG," concerning the authority to requisition supplies, equipment, and property or to condemn or use private property to provide housing and related facilities in the event of nuclear attack on the United States. The requisition of private property is one of the most drastic powers of the Federal Government and shall be used only when necessary for military operations and support, or survival of the population of the country, and should be limited to the temporary use of such property.

2. AUTHORITIES. The Secretary's authority for issuing Order "DOG" derives from the declaration of a national emergency by the President or Congress, and from specific authorization from the President or Congress.

3. DEFINITIONS.

a. Requisition. Government action to acquire property needed immediately for temporary use without regard to the willingness of the owners to provide it, as distinguished from normal procurement. Requisitioning implies payment of fair value for the property.

b. Requisitioning Authority. The Secretary of Housing and Urban Development, or by delegation; the Assistant Secretaries, the Regional Administrators, and the Emergency State Directors.

c. Ordering Officer. An officer or employee to whom a Requisitioning Authority delegates authority to sign Orders of Taking and to perform such other actions as the Requisitioning Authority shall redelegate.

d. Order of Taking. When any property is requisitioned an Order of Taking shall be given by the ordering officer to all persons known to have or to claim any interest in the property. The Order of Taking notifies the owners of the Government's action and directs owners to file their claims with the Requisitioning Authority.

e. Owner. The word "owner" includes any duly authorized agent of the owner or, where the owner is a corporation, any duly elected officer thereof.

f. Property Covered by this Procedure. Real property to be used for housing, and the community facilities related thereto.

4. ORDERING OFFICER.

a. Appointment. The Ordering Officer, to be appointed by the Requisitioning Authority, will be the Director of Administration at the Regional level, and the counterpart position at the State (Emergency State Office as provided in Chapter 4 of the Emergency Planning and Operations Handbook) level, or such other person as the Requisitioning Authority shall designate.

b. Duties. The Requisitioning Authority will delegate to the Ordering Officer authority to perform various functions including but not limited to the following: execution of the Order of Taking; preliminary determination of just compensation; designation of time and place for presentation of claims; execution of settlement agreement; administration of oaths and affirmations; subpoena attendance and testimony of a witness; and the production of any books, records, documentary or other evidence.

5. PROCEDURES FOR EFFECTING REQUISITION OF PROPERTY.

a. Proposal for Requisitioning. The Ordering Officer may initiate action for the requisitioning of property by submitting to the Requisitioning Authority a proposal for the requisitioning and disposition of such property.

(1) Conditions. Requisitioning shall not be initiated or approved unless:

(a) the property is needed so that HUD can carry out its emergency functions;

(b) other means of obtaining the property on fair and reasonable terms have been exhausted; and

(c) the need is so immediate and impending as will not permit delay or the use of other means of obtaining the property.

(2) Approval. The Requisitioning Authority will approve the requisitioning of property, after having been satisfied of the existence of the conditions stated above, and will authorize the Ordering Officer to exercise the requisitioning authority. (See Sample Form A, Request and Approval to Requisition.)

b. Order of Taking. The Order of Taking shall contain a description of the exact property or property interest taken; a statement to the effect that just compensation will be paid to the owner by the Government of the United States; and shall be dated and signed by the Ordering Officer with the full name, official title, and the office (Regional, State, etc.) in which employed (see Sample Form B.) In addition to personal service or notice and publication in a local newspaper, all Orders of Taking shall be filed in a centralized location such as Washington, D.C., or the capital of the State.

c. Notices To Owner.

(1) If Known. Where the owner is known and can be reached in person in a reasonable time (in light of the need for the property) in the city or community where such property is located, a fair offer for the purchase, lease, or rental of the property shall be made before the requisitioning authority is exercised. If the owner refuses to accept such offer, the property may be requisitioned provided, however, that the Ordering Officer serve the owner with an Order of Taking. If the Order of Taking cannot be served, a copy shall be mailed to the owner at last known address.

(2) If Unavailable. Where the owner is known but cannot be reached in person in a reasonable time (in light of the need of the property) in the city or community where the property is located, the property may be requisitioned provided, however, that the Ordering Officer prepare an Order of Taking and mail a copy thereof to the last known address of the owner. If the address of the owner is unknown, the Order shall be published in any local newspaper or other regularly published periodical in the city of the community where the property is located; and if there be no such paper or other regularly published periodical, the Order shall be posted in the local U. S. Post Office, in the City Hall, County Courthouse, or in some other local public building.

(3) If Unknown. Where the owner is not known, the property may be requisitioned provided, however, that the Ordering Officer prepare an Order of Taking and such Order be published in a local newspaper or other regularly published periodical in the city of the community where the property is located; and if there be no such paper or other regularly published periodical, the Order shall be posted in the local U. S. Post Office, in the City Hall, County Courthouse, or in some other local public building. If the owner is deceased and heirs, if any, are unknown or unavailable the same procedure shall be followed.

d. Certification by Ordering Officer. Whenever property has been requisitioned in accordance with the provisions of paragraphs c(1), (2), or (3) above, the Ordering Officer shall certify in writing the manner in which compliance was made with the provisions of the applicable paragraph. The certification shall include:

(1) Under the conditions specified in paragraph C(1) above, the offer made, a copy of the Order of Taking furnished to the owner and a statement of date and place of service, or if personal service was not made, a statement of the address to which the Order was sent and the date and place of mailing.

(2) Under the conditions specified in paragraph C(2) above, a statement of the address to which the Order was sent, and the date and place of mailing or, if the address of the owner was unknown, a copy of the publication and the name and date of the newspaper or periodical in which published, or a statement of the date and place where a copy of the Order was posted.

(3) Under the conditions specified in paragraph C(3) above, a copy of the publication and the name and date of the newspaper or periodical in which published, or a statement of the date and place where a copy of the Order was posted.

The certifications by the Ordering Officer described above shall be prepared in triplicate, one copy to be retained in the files of the Ordering Officer, one copy to be sent to the Secretary, HUD, and one copy to be sent to the____________, (see Sample Form C).

e. Just Compensation. In accordance with the provision for just compensation in the Fifth Amendment to the Constitution of the United States, there shall be payment of just compensation for any property or the use thereof which is requisitioned.

(1) Determination. Just compensation shall be an amount determined to be the fair market value of the property as of the time and place of taking; but the amount shall not be in excess of any applicable ceiling or fixed price established by the duly authorized authority, nor in excess of the value otherwise established by law in effect at the time of taking. If the Order of Taking is for temporary use instead of taking a full title, then the compensation shall be an amount determined to be the fair market value of the property as of the time and place of taking, and for the period of time during which the property is under the control and use of the Federal Government.

(2) Notices. As promptly as practicable after property has been requisitioned, a determination of just compensation will be made and notice of same given to each person known to have or to claim an interest in the property, (see Sample Form D).

(3) Proof of Claim. Persons claiming the right to such compensation shall be required to furnish a Proof of Claim (see Sample Form E) and such other evidence as may be required to permit safe payment of compensation.

(4) Payment. If there is no question as to who is entitled to compensation and the amount of claims does not exceed the determination of just compensation, the Requisitioning Authority shall process vouchers through the appropriate certifying officer for payment of Just compensation to claimants who have duly executed releases (see Sample Form F) .

If a claimant is unwilling to accept the amount of compensation determined to be just, the Requisitioning Authority will pay 75% of the amount so determined and the claimant will be left to achieve remedy in a court of competent jurisdiction to claim the remainder.

(5) Entitlement. No payment shall be made to any claimant until proof of entitlement has satisfied the Requisitioning Authority. If the proof is not satisfactory, the amount of the award shall be set aside until the person or persons entitled to receive it can be established (see Sample Form G) .

(6) Records. HUD will maintain permanent records of all actions pertaining to each piece of property, supplies or equipment until all claims have been settled, including those on which HUD has made no payment because owners, beneficiaries, or descendants could not be found, and information on the latter category of requisitions will be published periodically post-attack.

6. CLAIMS AND APPEALS. A claimant may file written objections to the preliminary determination with the Requisitioning Authority, specifying in reasonable detail the grounds for objection, not later than 180 days after receipt of the notice of determination of just compensation.

a. Creation of Board to Hear Claims. The Requisitioning Authority will designate a Board to hear objections against preliminary determinations of just compensation, and to make recommendations as to the amount of compensation to be paid.

(1) Membership. The Board will be composed of, but not limited to, the following members:*

[ * Titles refer to HUD emergency organization as explained in Appendix 9, "HUD Emergency Planning and Operations" Handbook. (The membership of the Board may vary to the extent that the Regional 3200.1 Handbook "Emergency Planning and Operations" differs from the Titles shown.)]

Regional level:

Chairman: Director, Program Planning & Evaluation Staff
Director, Regional Housing
Regional Counsel
Director, Fair Housing and Equal Opportunity

State level:

Chairman: Director, Community Planning and Development
Director, Housing Division
Director, Fair Housing and Equal Opportunity

(2) Prohibition. No member of the Board shall have participated in preliminary determinations of just compensation.

(3) Function. If the amount of just compensation determined by the Requisitioning Authority is not acceptable to the persons entitled to receive compensation for the property, or if there is a question of who is entitled to receive compensation which the Requisitioning Authority is unable to resolve, the Requisitioning Authority shall submit the case to the Board designated above.

(4) Claimants. All claimants shall be entitled to a hearing before the Board according to rules of procedure prescribed by the Board.

(5) Findings. After such hearing, the Board shall make its findings known to the claimants and to the Requisitioning Authority. If the Board is unable to determine the person or persons entitled to receive compensation, it shall recommend to the Requisitioning Officer as to the further disposition of the matter.

(6) Records. A transcript or recording of the proceedings before the Board and copies of all written evidence submitted shall be preserved.

7. RETURN OF PROPERTY. When the property requisitioned is not consumed in whole or in part in the use thereof, e.g., real property or machinery, such property shall be returned, at fair market value at the time of return, to the owner as soon as the need thereof ceases to exist.

8. FORMS. The sample forms attached to this procedure are not prescribed by HUD. They are merely guides, which may be modified to accommodate varying emergency conditions. They do, however, represent minimum data requirements in the exercise of the Federal Requisitioning authority.

Sample Form A

REQUEST AND APPROVAL TO REQUISITION

Name and address of activity initiating request:

Control designation (optional use):

PROPOSAL FOR REQUISITIONING

A. Description of the property (in as great detail as possible). (The specifications may be set forth in an attached statement.):

___________________________________________________________________

B. Present location of the owner (if known):

Name of Owner

Address

___________________________

___________________________

___________________________

___________________________

C. All other persons known to or who may have an interest in the property or who may claim a right to share in the award of compensation:

Name

Address

Nature of Interest or Claim

___________________________

___________________________

___________________________

___________________________

___________________________

___________________________

D. Use or intended use of disposition of the property by present owner:

___________________________________________________________________

E. Person or persons to whom it is proposed to sell or otherwise dispose of the property upon its being requisitioned:

___________________________________________________________________

F. Use to be made of the property by persons described in E:

___________________________________________________________________

G. The undersigned, who is a duly authorized Ordering Officer of _________________________ (HUD) hereby declares and certifies that all of the facts set forth above and in the annexed Statement are true to the best of his/her knowledge and belief and that, upon the basis thereof, he/she believes that:

a. The property is needed for national defense;

b. Other means of obtaining the property on fair and reasonable terms have been exhausted, or the need is so immediate and impending as will not admit of delay or resort to any other means of obtaining the property; and

c. It is in the public interest that such property be sold or disposed of as above provided.

This certificate is executed this _____ day of ____, 19__.

______________________________________
(Name, title, and address of Ordering Officer)

STATEMENT

1. It is necessary in the interest of national defense to requisition the property described in the annexed Proposal for the following reasons:

___________________________________________________________________

2. It is in the public interest that such property be disposed of as provided in the Proposal for the following reasons:

___________________________________________________________________

3. The following documents of title, relating to the property, are outstanding and held by the following persons:

Document

Name and Address of Holder (if known)

___________________________

___________________________________

___________________________

___________________________________

4. Such property was not acquired by contract for the following reasons:

___________________________________________________________________

5. The nature and extent of inquiry made to ascertain possible owners of, and claimants of interest in, the property was:

___________________________________________________________________

6. The ceiling or fixed price, if any, established by the duly authorized agency or otherwise established by law, applicable to the property, is $____, the applicable regulation or schedule being (if known):

___________________________________________________________________

7. The fair market value of the property as indicated by the following recent sales of similar property at or near the location of the property, is believed to be:

___________________________________________________________________

8. Cost and charges incurred subsequent to the execution of the Requisition, and relating to the requisitioned property, should be referred for payment to:

Office

Address

___________________________

___________________________________

___________________________

___________________________________

9. The following officers, agents, or employees of the United States are available to serve personally the requisition at or near the location of the property:

Name and Title

Street Address

City and State

___________________________

___________________________

___________________________

___________________________

___________________________

___________________________

10. When the property has been requisitioned, the Ordering Officer is hereby directed to make the following disposition of the property:

APPROVAL

The above proposal to requisition the property described in said proposal is hereby approved, and _____________is hereby designated the Ordering Officer.

__________________________________________________
(Name, title, and address of Requisitioning Authority)

Sample Form B

ORDER OF TAKING BY THE UNITED STATES OF AMERICA

Under Authority of _________________________________________________

Name and address of HUD office

Order of Taking No.:

___________________________

___________________________

To (name of Ordering Officer):

______________________________________________________________________________

It having been determined that the following property is needed for national defense; and that other means of obtaining the property on fair and reasonable terms have been exhausted, or the need is so immediate and impending as will not admit of delay or resort to any other means of obtaining the property:

You are therefore authorized and commanded to take said property and the possession thereof, including the right to dispossess owners and tenants as expeditiously as possible; to receipt for the same in the name of the United States; to dispose of the same as directed; and, to the end that, among other things, just compensation therefore may be ascertained, to make a report to the Requisitioning Authority of all things done and proceedings had in the execution of this requisition.

All persons having any claim to or interest in any of the above-described property are directed to submit proof of their claims, as duly instructed, to the Requisitioning Authority named below.

________________________________________________________________________

Dated at _____ this _____ day of _______, 19___.

________________________________________
(Name and address of Requisitioning Authority)

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RECEIPT

Received from ____________________________________________________ at ________________ on this _____________ day of _____________, 19___, in _______________condition, the property covered by Requisition No._____________, except as indicated below.

The United States of America

By_____________________________
Title: Ordering Officer

Sample Form C
CERTIFICATION BY ORDERING OFFICER

Name and address of requisitioning agency: __________________________________________

Order of Taking No.: _______________________________________________________________

The undersigned hereby reports and certifies that:

1. The above-numbered Requisition, dated __________________, was by me served in person by exhibiting the original manually signed Order of Taking to, and by leaving a copy thereof (with the related Receipt duly completed and signed) with:

Name

Address

___________________________

___________________________________

2. Appropriately completed copies of the Notice to Present Claims, and copies of the Proof of Claim, the Disclaimer, and the Instructions for Preparation and Submission of Proof of Claim and of Disclaimer were by me served in person upon: Name Address and were by me served by registered mail, return receipt requested, upon:

Name

Address

___________________________

___________________________________

___________________________

___________________________________

which receipts, when returned, will be forwarded by me to the Requisitioning Authority who signed the Request and Approval to Requisition.

3. Inquiry made by me indicates that the following persons in addition to those enumerated in paragraph 2 above may have, or assert, an interest in the property at the time it was requisitioned or a right to be compensated by reason of its taking:

Name

Address

Nature of Interest or Claim

___________________________

___________________________

___________________________

___________________________

___________________________

___________________________

4. The nature and extent of such inquiry was:

____________________________________________________________________________

5. Such inquiry (included) (did not include) search of appropriate recording and registry records to ascertain the existence of recorded liens against the property:

____________________________________________________________________________

6. All the property described in the Requisition was taken thereunder except:

____________________________________________________________________________

which was not taken for the following reasons:

____________________________________________________________________________

7. The following is a more detailed description of the property taken than that set forth in the Requisition:

____________________________________________________________________________

8. The property taken was disposed of as follows:

____________________________________________________________________________

9. The condition of the property at the time it was taken was (state fully any factors of condition which may assist in determining the amount of compensation to be paid):

____________________________________________________________________________

10. To the extent known by the Ordering Officer:

a. Before requisitioning, the property was used as follows:

_____________________________________________________

b. The cost of the property to the owner was:

_____________________________________________________

c. The age of the property at the time the Requisition was served was:

_____________________________________________________

d. The owner had taken depreciation on the property for tax purposes to the extent of:

_____________________________________________________

11. The following documents of title relating to the property were transmitted to the Ordering Officer designated in the Request and Approval to Requisition:

__________________________________________________________________

__________________________________________________________________

Date :_____________

________________________________________________
(Signature and regular address of Ordering Officer)

Sample Form D

NOTICE TO PRESENT CLAIMS

Name and address of HUD office: _______________________________________

Order of Taking No.: _________________________________

To all persons known to have or to claim an interest in the property described below:

Please take notice that the property described below was on ________________________, 19___ requisitioned and taken over for the defense of the United States:

________________________________________________________________________

which property at the time of the taking was located at______________________________________

________________________________________________________________________

If you had or claimed any interest in such property at the time it was requisitioned, you are required to file Proof of Claim on the attached form.

If you did not have or claim any interest in such property, you are required to file a Disclaimer on the form attached.

Such documents must be filed within thirty (30) days of the service hereof with the Requisitioning Authority unless he/she extends in writing the time for such filing. The name and address of the Requisitioning Authority are:

______________________________________________________

Notice of the requisitioning of such property has been given to:

______________________________________________________

If you know of any other person, firm, or corporation which had, or may claim, any interest in the requisitioned property, you should so advise at once the Requisitioning Authority named above, specifying in detail the name and address of such person, firm, or corporation and the nature of such interest.

Dated at ________ this________ day of 19___.

________________________________________
(Signature and address of Ordering Officer)

Sample Form E
PROOF OF CLAIM

The claimant who has signed this Proof of Claim or on whose behalf it was signed, having received due notice of the service of Requisition No. ___ __________ issued by __________________________________________ (Name of Agency)

hereby files Proof of Claim with the United States and avers:

1. The full name and address of the claimant are as follows:

2. The claimant is entitled to just compensation in the amount of $_____ on account of the taking by the United States, on the ______ day of _________ 19___, under the above-referenced Requisition, of the following property (if the description or quantity of the property claimed to have been taken differs from the description and quantity as stated in the Requisition, set forth the differences in a concise and clear manner.):

3. That claimant had, on the date of such taking, the following right, title, and interest in and to such property (state fully claimant's interest in the property at the time of taking; i.e., whether claimant was the sole owner or claimed some other interest in the property; how and when such interest was acquired, etc.; also referring to documents evidencing claimant's title, annexing original or photostat copies thereof):

4. That no other persons had any right, title, or interest in the property at the time of such taking thereof by the United States except (if no exceptions, so state; otherwise, state names and addresses of all other persons having an interest in the property, describing the nature of their respective interests):

5. That the amount claimed above as just compensation for the interest in the property, which the claimant avers above, was arrived at as follows:

6. That claimant is the present owner of this claim and that neither this claim nor any interest in it has been transferred, sold, pledged, or assigned; and, that if such claim or any part thereof is otherwise paid or satisfied, claimant will give prompt notice thereof.

7. That ______________ is hereby authorized to represent and act for claimant in this proceeding in all respects, including authority to agree as to the amount representing just compensation for the property. (If no one is so authorized, insert "No one".)

Dated at _________, State of ____________ on this _______ day of _______ 19___, and submitted with the knowledge that submission of a claim known to be false or submission of a claim intended to defraud the Government of the United States of America will make the claimant subject to punishment as provided by law.

_______________________________________________________
(Signature and address of claimant; if claimant is a corporation, partnership,
or other entity, name and address of claimant and signature and title of person
authorized to sign)

Sample Form F
CERTIFICATE OF OWNERSHIP AND JUST COMPENSATION

Name and address of requisitioning agency: ________________________

Order of Taking No.:________________________

The undersigned hereby reports and certifies:

1. That the following property was taken for the defense of the United States under the above-numbered Requisition:

2. That the undersigned has determined, on behalf of HUD, $______ to be just compensation for the property, which amount is( within) (exceeds) the applicable ceiling or fixed price, if any, established by the duly authorized agency or otherwise established by law, and that such amount was determined and arrived at as follows:

3. That the following inquiry was made to ascertain the former owners of, and claimants of interest in, the property:

_________________________________________________________________

as a result of which appropriately completed copies of the Notice to Present Claims, and copies of the Proof of Claim, the Disclaimer, and the instructions for Preparation and Submission of Proof of Claim and of Disclaimer were served upon the following persons:

Name

Address

Nature of Interest or Possible Interest

___________________________

___________________________

___________________________

___________________________

___________________________

___________________________

4. That the undersigned has determined that the following are the only persons who owned, or had any interest in, the property at the time it was so taken:

Name

Address

Nature of Interest

___________________________

___________________________

___________________________

___________________________

___________________________

___________________________

such determination being based upon the following:

5. That the undersigned has determined that the just compensation for the property should, and may safely, be paid to the following persons in the following amounts:

Name

Address

Amount

___________________________

___________________________

___________________________

___________________________

___________________________

___________________________

6. That the following of such persons have agreed to accept such respective sums in full satisfaction and discharge of their respective claims for just compensation on account of the taking of the property, as evidenced by the Stipulations and Releases annexed hereto:

_______________________________________________________________

Upon the foregoing, the undersigned recommends that $______ be determined to be just compensation for the property taken for the defense of the United States under the above-numbered Requisition and that such amount be paid to the persons enumerated, and in the respective amounts stated, in paragraph 5 hereof.

Dated: ___________________

_____________________________
(Requisitioning Authority)

Sample Form G
STIPULATION AND RELEASE

Name and address of requisitioning agency: ___________________________________________

Order of Taking No.: ___________________________________________

In the Matter of the Claim of (insert name of claimant):

______________________________________________________________________________________

it is hereby stipulated and agreed by the claimant to and with the United States of America:

1. That the following property authorized to be taken by the above-referenced Order of Taking, and no other property, was taken by the United States:

___________________________________________________________________

which property at the time of its taking was located at

___________________________________________________________________

2. That, at the time such property was requisitioned, the undersigned had, and hereby warrants to the United States that the undersigned had, the following interest in such property:

___________________________________________________________________

3. That the undersigned agrees to accept $________, without interest, in full and complete settlement and satisfaction of the undersigned's said interest in such property and of all claims which the undersigned has or may have against the United States and its offices, agents, and employees on account of the requisitioning of such property.

4. That the undersigned does hereby forever absolve, release, and discharge the United States and each of its officers, agents, and employees, from any and all claims which the undersigned has, may have, or could have, by reason of the taking and otherwise; however, the foregoing indemnity agreement and release are conditioned upon the payment to the undersigned by the United States of $_____, without interest.

___________________________________________________
(Signature and address of claimant; if claimant is a corporation,
partnership, or other entity, name and address of claimant and
signature and title of person authorized to sign)

Sample Form H

DISCLAIMER

__________________________________________
(Insert name)

having received due notice of the service of Requisition No._______________ issued by _____________________ (HUD Office) dated _______,does hereby disclaim any right, title, of interest in or to the property taken under such Requisition and any claim for compensation on account of such taking.

Dated at _______________, State of ________, on this ________ day of _________, 19_____.

_________________________________________________
(Signature and address of disclaimer; if disclaimer is a corporation,
partnership, or other entity, name and address of disclaimer and
signature and title of person authorized to sign)

INSTRUCTIONS
For Preparation and Submission of Proof of Claim and of Disclaimer

1. Each Proof of Claim and each Disclaimer shall be filled as directed in the Notice to Present Claims.

2. Each document submitted in support of a Proof of Claim shall be appropriately and adequately identified. Each page of each such document shall be numbered, using the following form of numbering:

"Page 1 of ____ pages", "Page 2 of ____ pages", etc.

3. A Proof of Claim shall be in the form prescribed, shall contain all the averments indicated in the prescribed form, and shall be executed as therein prescribed.

4. A Disclaimer shall be in the prescribed form and shall be executed as prescribed therein.

5. Claimant shall attach to his Proof of Claim such evidence of the title or interest in the requisitioned property which claimant claimed at the time of taking, such as bills of sale, warehouse receipts, trust receipts, etc.; or otherwise, such evidence of his payment for the property; and such evidence as to the propriety of the amount of his claim, such as invoices, etc., as shall be appropriate in the particular case. Documents so attached should be originals or photostat copies.

6. If claimant is acting through an attorney in fact, a signed copy of the power of attorney shall be furnished with the Proof of Claim.

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ELK

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

DELEGATION OF AUTHORITY TO INSURE TIMELY AND NECESSARY AUTHORIZATIONS FOR THE OBLIGATION, EXPENDITURES, AND REIMBURSEMENT OF FUNDS AND OTHER APPROPRIATE ACTIONS

TO: ALL OFFICIALS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Pursuant to the authority delegated to the Secretary of Housing and Urban Development by the ___________________, it is hereby ordered as follows:

Section 1. Subject to the provisions of Section 2 of this Order and subject to such policies and procedures as may be prescribed with respect to accounting, reporting and control of funds, there is hereby delegated to the Assistant Secretaries, the Regional Administrators and the State Directors (as provided in Chapter 4 of the Emergency Planning and Operations Handbook, 3200.1 REV-3) authority to incur such obligations and make such expenditures from appropriations or funds available or made available to them by allotment or otherwise and, when such appropriations or funds are exhausted, pledge the credit of the United States to finance such actions as may be necessary to carry out essential Government activities, especially the emergency responsibilities assigned to the Secretary of Housing and Urban Development by Executive Order. When made in good faith and in the exercise of due care, such obligations and expenditures may be made without regard to laws or regulations controlling or regulating the expenditure of public funds or relating to fiscal limitations or procedures, except those made specifically applicable to emergency conditions.

Section 2. The authority delegated by Section 1 of this Order shall remain available as specified herein until the expiration of 15 days after Congress:

a. has enacted legislation dealing specifically with the manner in which essential wartime functions are to be financed and accounted for or

b. insofar as the financing of essential wartime functions is concerned, has appropriated funds for such functions.

Section 3. This Order is effective the ________ day of ___________, 19__.

Secretary of Housing and Urban Development

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FOX

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

DELEGATION OF BROAD AUTHORITY TO TAKE IMMEDIATE CIVILIAN PERSONNEL ACTION NECESSARY TO THE EFFECTIVE FUNCTIONING OF DEPARTMENTAL PROGRAMS

TO: ALL OFFICIALS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Pursuant to the authority delegated to the Secretary of Housing and Urban Development by the Office of Personnel Management, it is hereby ordered as follows:

Section 1. There is hereby delegated to the Assistant Secretaries, the Regional Administrators and the Emergency State Office Directors (as provided in Chapter 4 of the Emergency Planning and Operations Handbook, 3200.1 REV-3) authority to take personnel actions under the broad authority of Office of Personnel Management Regulations and specifically Federal Personnel Manual, Supplements 910-1 and 990-3. A copy of Standby Instructions for Maintenance of Personnel Records in a National Emergency Disaster is attached.

Section 2. This Order is effective the __________ day of __________, 19___.

Secretary of Housing and Urban Development

OFFICE OF PERSONNEL MANAGEMENT INSTRUCTIONS

STANDBY INSTRUCTIONS FOR MAINTENANCE OF PERSONNEL RECORDS
IN A NATIONAL EMERGENCY DISASTER.

Variations in procedures

If the continental United States should sustain a disaster of major proportions, extreme variations in agency ability to follow usual recording or reporting procedures would result, for example:

- One activity might be relatively unaffected and able to continue to follow the usual procedures.

- Another might be unaffected except for loss of communications. This one would stop reporting, verifying service, and transferring official personnel folders; it might locally reproduce standard forms of records in short supply, but would otherwise continue its previous practices without change.

- A third activity established near the disaster area might require a complete departure from normal practices.

Minimum records

Even in the most extreme situations, an activity must sustain at least skeleton records sufficient to serve the immediate interests of employees and the Government and to serve as the basis for future reconstruction of full employment records and the settlement of possible claims. As a minimum, these skeleton records should:

- Include appointment oaths and affidavits;

- Identify :

o The employee by name and date of birth

o The employer

o Location of employment

o Nature of personnel action

o Authority for action

o Position to which officially assigned (title)

o Rate of pay

o Effective date of action

- Show whether the employee is covered by Federal Employee Group Life Insurance.

Form of records

The form of these skeleton records is not important, except that they should be capable of identification as official records by authentication or otherwise. If the usual personnel forms are not available, or if time does not permit the use of these forms, records should be kept on any appropriate forms, cards, or papers.

Determinations

As soon as circumstances permit, the activity should:

- Secure a certificate of total Federal service for leave accrual purposes;

- Find out who is the next of kin or beneficiary;

- Determine the employee's retirement coverage, veteran preference, and selective service or military reserve status; and

- Secure any other necessary information. Relocation sites

Significant numbers of Federal employees will move to relocation sites in the event of national security emergency. Arrivals of employees at relocation sites should be entered on appropriate records which should be available at the site or, if necessary, on records established in accordance with the guides given above.

Appendix 3
SUCCESSION ORDERS

1. INTRODUCTION. Executive Order 12656 assigns to HUD certain emergency functions for housing resources and a general charge to assure continuity of the Federal Government in any National Security Emergency. In order to continue as a viable part of the Federal Government during any emergency the Secretary and principal office heads have prepared succession orders for their respective offices.

2. POSITIONS. Copies of Orders providing for succession to the following positions are included in this Appendix.

a. Acting Secretary

b. Acting General Counsel

c. Acting Assistant Secretary for Housing - Federal Housing Commissioner

d. Acting Assistant Secretary for Community Planning and Development

e. Acting Assistant Secretary for Policy Development and Research

f. Acting Assistant Secretary for Administration

g. Acting Assistant Secretary for Congressional and Intergovernmental Relations

h. Acting Assistant Secretary for Fair Housing and Equal Opportunity

i. Acting Assistant Secretary for Public Affairs

j. Acting Assistant Secretary for Public and Indian Housing

k. Acting President, Government National Mortgage Association

l. Acting Assistant to the Secretary for Field Management

m. Acting Inspector General

ACTING SECRETARY OF HOUSING AND URBAN DEVELOPMENT

Order of Succession

Federal Register / Vol. 54, No.236 / Monday, December 11, 1989 / Notices 50823
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
Docket No. D-89-908

Acting Secretary of Housing and Urban Development; Order of Succession

During any period when, by reason of absence, disability, or vacancy in office, the Secretary of Housing and Urban Development is not available to exercise the powers and perform the duties of the Secretary, appointees to the positions listed below are authorized to act as Secretary and exercise all powers, functions, and duties assigned to or vested in the Secretary. Exec. Order No. 11274, 3 CFR 537 (1966-70 Comp.). However, no official shall act as Secretary until all of the appointees listed before such official's title in this designation are unable to act by reason of absence, disability, or vacancy in office.

1. Under Secretary *
2. General Counsel
3. Assistant Secretary for Housing-Federal Housing Commissioner
4. Assistant Secretary for Community Planning and Development
5. Assistant Secretary for Policy Development and Research
6. Assistant Secretary for Administration
7. Assistant Secretary for Legislation and Congressional Relations **
8. Assistant Secretary for Fair Housing and Equal Opportunity
9. Assistant Secretary for Public Affairs
10. Assistant Secretary for Public and Indian Housing

In the event of a national security emergency and none of the officials named above is able to act, appointees to the positions listed below are authorized to act as Secretary and exercise all powers, functions, and duties assigned to or vested in the Secretary, Exec. Order No. 12656, 3 CFR 585 (1989 Comp.). However, no official shall act as Secretary until all of the appointees listed before such official's title in this designation are unable to act by reason of absence, disability, or vacancy in office.

1. President, Government National Mortgage Association
2. Deputy Under Secretary for Field Coordination ***
3. Deputy Under Secretary for Intergovernmental Relations ****
4. Regional Administrator, Region I (Boston)
5. Regional Administrator, Region II (New York)
6. Regional Administrator, Region III (Philadelphia)
7. Regional Administrator, Region IV (Atlanta)
8. Regional Administrator, Region V (Chicago)
9. Regional Administrator, Region VI (Fort Worth)
10. Regional Administrator, Region VII (Kansas City)
11. Regional Administrator, Region VIII (Denver)
12. Regional Administrator, Region IX (San Francisco)
13. Regional Administrator, Region X (Seattle)

This designation supersedes the designation effective July 2, 1985, published July 11, 1985 (50 FR 28269).

Authority:

Executive Order 11274, 31 FR 5243, 3 CFR 537 (1966-70 Comp.); Sec. 7(d) of the Department of Housing and Urban Development Act, 42 U.S.C. 3535(d); Executive Order 12656, 53 FR 47491, 3 CFR 585 (1989 Comp,).

Effective Date:

This order is effective November 8, 1989.

Jack Kemp,
Secretary, Department of Housing and Urban Development.

FR Doc. 89-28787 Filed 12-8-89; 8:45am
BILLING CODE 4210-32-M

*Now Deputy Secretary
**Now Assistant Secretary for Congressional and Intergovernmental Relations
***Now Assistant to the Secretary for Field Management
****This position has been eliminated

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of General Counsel

Delegation to exercise power and authority of the General Counsel during any period when, by reason of absence, disability, or vacancy of office, the General Counsel is unable to act as General Counsel, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the General Counsel is unable to act as General Counsel, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the General Counsel, provided that no officer is authorized to exercise the power and authority of the position unless all other officers whose titles precede the General Counsel's in this delegation are unable to act by reason of absence, disability, or vacancy in office.:

1. Principal Deputy General Counsel

2. Deputy General Counsel (Operations)

3. Associate General Counsel for Program Enforcement

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Housing - Federal Housing Commissioner

Delegation to exercise power and authority of the Assistant Secretary for Housing-Federal Housing Commissioner during any period when, by reason of absence, disability, or vacancy of office, the Assistant Secretary for Housing-Federal Housing Commissioner is unable to act as Assistant Secretary for Housing-Federal Housing Commissioner, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for Housing-Federal Housing Commissioner is unable to act as Assistant Secretary for Housing-Federal Housing Commissioner, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the Assistant Secretary for Housing-Federal Housing Commissioner, provided that no officer is authorized to exercise the power and authority of the Assistant Secretary for Housing-Federal Housing Commissioner unless all other officers whose titles precede incumbent's in this delegation are unable to act by reason of absence, disability, or vacancy in office:

1. General Deputy Assistant Secretary for Housing-Deputy Federal Housing Commissioner

2. Associate General Deputy Assistant Secretary for Housing

3. Deputy Assistant Secretary for Operations

4. Deputy Assistant Secretary for Multifamily Housing Programs

5. Deputy Assistant Secretary for Single Family Housing

6. Housing - FHA Comptroller

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Community Planning and Development

Delegation to exercise power and authority of the Assistant Secretary for Community Planning and Development during any period when, by reason of absence, disability, or vacancy of office, the Assistant Secretary for Community Planning and Development is unable to act as Assistant Secretary for Community Planning and Development, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for Community Planning and Development is unable to act as Assistant Secretary for Community Planning and Development, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the Assistant Secretary for Community Planning and Development, provided that no officer is authorized to exercise the power and authority of the Assistant Secretary for Community Planning and Development unless all other officers whose titles precede incumbent's in this delegation are unable to act by reason of absence, disability, or vacancy in office:

1. Deputy Assistant Secretary for Operations

2. Deputy Assistant Secretary for Grant Programs

3. Deputy Assistant Secretary for Economic Development

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Policy Development and Research

Delegation to exercise power and authority of the Assistant Secretary for Policy Development and Research during any period when, by reason of absence, disability, or vacancy of office, the Assistant Secretary for Policy Development and Research is unable to act as Assistant Secretary for Policy Development and Research, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for Policy Development and Research is unable to act as Assistant Secretary for Policy Development and Research, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the Assistant Secretary for Policy Development and Research, provided that no officer is authorized to exercise the power and authority of the Assistant Secretary for Policy Development and Research unless all other officers whose titles precede incumbent's in this delegation are unable to act by reason of absence, disability, or vacancy in office:

1. General Deputy Assistant Secretary

2. Deputy Assistant Secretary for Policy Development

3. Deputy Assistant Secretary for Research

4. Deputy Assistant Secretary for Economic Affairs

5. Associate Deputy Assistant Secretary for Economic Affairs

6. Director, Office of Financial Institutions Regulation

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Administration

Delegation to exercise power and authority of the Assistant Secretary for Administration during any period when, by reason of absence, disability, or vacancy of office, the Assistant Secretary for Administration is unable to act as Assistant Secretary for Administration, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for Administration is unable to act as Assistant Secretary for Administration, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the Assistant Secretary for Administration, provided that no officer is authorized to exercise the power and authority of the Assistant Secretary for Administration unless all other officers whose titles precede incumbent's in this delegation are unable to act by reason of absence, disability, or vacancy in office:

1. Deputy Assistant Secretary for Finance and Management

2. Deputy Assistant Secretary for Resource Planning and Operations

3. Director, Office of Budget

4. Director, Office of Finance and Accounting

5. Director, Office of Information Policy and Systems

6. Director, Office of Personnel and Training

7. Director, Office of Procurement and Contracts

8. Director, Office of Administrative and Management Services

9. Director, Office of Management and Planning

10. Director, Office of Ethics

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Congressional and Intergovernmental Relations

Delegation to exercise power and authority of the Assistant Secretary for Congressional and Intergovernmental Relations during any period when, by reasons of absence, disability, or vacancy of office, the Assistant Secretary for Congressional and Intergovernmental Relations is unable to act as Assistant Secretary for Congressional and Intergovernmental Relations, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for Congressional and Intergovernmental Relations is unable to act as Assistant Secretary for Congressional and Intergovernmental Relations, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the Assistant Secretary for Congressional and Intergovernmental Relations, provided that no officer is authorized to exercise the power and authority of the Assistant Secretary for Congressional and Intergovernmental Relations unless all other officers whose titles precede incumbent's in this delegation are unable to act by reason of absence, disability, or vacancy in office:

1. Deputy Assistant Secretary for Legislation

2. Deputy Assistant Secretary for Congressional Relations

3. Deputy Assistant Secretary for Intergovernmental Relations

4. Executive Assistant to the Assistant Secretary

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Fair Housing and Equal Opportunity

Delegation to exercise power and authority of the Assistant Secretary for Fair Housing and Equal Opportunity during any period, when, by reason of absence, disability, or vacancy of office, the Assistant Secretary for Fair Housing and Equal Opportunity is unable to act as Assistant Secretary for Fair Housing and Equal Opportunity, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for Fair Housing and Equal Opportunity is unable to act as Assistant Secretary for Fair Housing and Equal Opportunity, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the Assistant Secretary for Fair Housing and Equal Opportunity, provided that no officer is authorized to exercise the power and authority of the Assistant Secretary for Fair Housing and Equal Opportunity unless all other officers whose titles precede incumbent's in this delegation are unable to act by reason of absence, disability, or vacancy in office:

1. General Deputy Assistant Secretary for Fair Housing and Equal Opportunity

2. Deputy Assistant Secretary for Operations and Management

3. Director, Office of Management and Field Coordination

4. Director, Office of Affirmative Action and Equal Employment Opportunity

5. Director, Office of Investigations

6. Director, Office of Program Standards and Evaluation

7. Director, Office of Fair Housing Assistance and Voluntary Programs

8. Director, Office of Program Training and Technical Assistance

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public Affairs

Delegation to exercise power and authority of the Assistant Secretary for Public Affairs during any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for Public Affairs is unable to act as Assistant Secretary for Public Affairs, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for Public Affairs is unable to act as Assistant Secretary for Public Affairs, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the Assistant Secretary for Public Affairs, provided that no officer is authorized to exercise the power and authority of the Assistant Secretary for Public Affairs unless all other officers whose titles precede incumbent's in this delegation are unable to act by reason of absence, disability, or vacancy in office:

1. Deputy Assistant Secretary

2. Director, Office of Press Relations

3. Director, Office of Policy Support

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing

Delegation to exercise power and authority of the Assistant Secretary for Public and Indian Housing during any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for Public and Indian Housing is unable to act as Assistant Secretary for Public and Indian Housing, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for Public and Indian Housing is unable to act as Assistant Secretary for Public and Indian Housing, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the Assistant Secretary for Public and Indian Housing, provided that no officer is authorized to exercise the power and authority of the Assistant Secretary for Public and Indian Housing unless all other officers whose titles precede incumbent's in this delegation are unable to act by reason of absence, disability, or vacancy in office:

1. General Deputy Assistant Secretary

2. Deputy Assistant Secretary for Resident Initiatives

3. Director, Office of Management Operations

4. Director, Office of Indian Housing

5. Director, Office of Construction, Rehabilitation and Maintenance

6. Director, Office of Management and Policy

7. Public and Indian Housing Comptroller

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the President Government National Mortgage Association

Delegation to exercise power and authority of the President, Government National Mortgage Association (GNMA) during any period when, by reason of absence, disability, or vacancy of office, the President, GNMA, is unable to act as President, GNMA, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the President, GNMA, is unable to act as President, GNMA, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the President, GNMA, provided that no officer is authorized to exercise the power and authority of the President, GNMA, unless all other officers whose titles precede incumbent's in this delegation are unable to act by reason of absence, disability, or vacancy in office:

1. Executive Vice President

2. Vice President, Office of Mortgage-Backed Securities

3. Vice President, Office of Asset Management

4. Vice President, Office of Finance

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant to the Secretary for Field Management

Delegation to exercise power and authority of the Assistant to the Secretary for Field Management during any period when, by reason of absence, disability, or vacancy of office, the Assistant to the Secretary for Field Management is unable to act in the position, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the Assistant to the Secretary for Field Management is unable to act in the position, the following officer appointed to the following position is hereby authorized to exercise the power and authority of the Assistant to the Secretary for Field Management, provided that no other officer is authorized to exercise the power and authority of the Assistant to the Secretary for Field Management.

1. Deputy Assistant to the Secretary for Field Management

2. Special Assistant to the Secretary for Field Management

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Inspector General

Delegation to exercise power and authority of the Inspector General during any period when, by reason of absence, disability, or vacancy of office, the Inspector General is unable to act as Inspector General, effective upon existence of a state of civil defense emergency.

During any period when, by reason of absence, disability, or vacancy in office, the Inspector General is unable to act as Inspector General, each of the following officers appointed to the following positions is hereby authorized to exercise the power and authority of the Inspector General, provided that no officer is authorized to exercise the power and authority of the Inspector General unless all other officers whose titles precede incumbent's in this delegation are unable to act by reason of absence, disability, or vacancy in office:

1. Deputy Inspector General

2. Assistant Inspector General for Audit

3. Assistant Inspector General for Investigation

4. Assistant Inspector General for Management and Policy

This delegation shall become effective only upon the existence of a state of civil defense emergency, as proclaimed by the President or by concurrent resolution of the Congress, as provided under Section 301 of the Federal Civil Defense Act of 1950, 64 State. 1251, 50 U.S.C. App 2291.

Appendix 4
AUTHORITIES, RECORDS AND RESOURCES

A. INTRODUCTION. In order to carry out its assigned emergency functions, the Department should have available certain authorities, essential program records, resources and supplies. The following listed items shall be prepositioned at all HUD Emergency Operating Facilities (EOFs), including Headquarters and Regional EOF's, Regional Offices and Emergency State Offices.

B. AUTHORITIES. HUD staff need the following emergency program authorities.

1. Executive Order 12656

2. Executive Order 12148

3. HUD 3200.1 REV-3, Emergency Planning and Operations

4. Regional Emergency Planning and Operations Handbook

5. Emergency Operating Instructions:

No. 1 - Emergency Use of Tents, Travel Trailers and Mobile Homes (3210.1 - 1984);

No. 2 - Emergency Repair of Damaged Housing (1980);

No. 3 - Emergency Conversion of Non-Dwelling Structures for use as Dwellings (1980);

No. 4 - Instructions for the Provisions of Emergency Housing (Barracks) (3910.1 - 1983);

No. 5 - Emergency Community Facilities Related to Housing (1980);

No. 6 - Emergency Housing Management Manual (1980);

No. 7 - Local Emergency Housing Service (1980); and

6. Appropriate State Emergency Plans.

C. RECORDS. Records essential to HUD emergency functions, continuity of government program and the reconstitution of major programs shall be identified, prepositioned and maintained current at designated locations provided for Departmental emergency activities (See Chapter 7).

Appendix 5
APPOINTMENT OF ADDITIONAL CERTIFYING OFFICERS TO FACILITATE DISBURSING AFTER AN ATTACK

After an attack upon the United States, HUD Offices will need to be capable of contracting for goods and services and expeditiously certifying vouchers for payment.

Since normal lines of communications between HUD offices may be disrupted for an indefinite period, all HUD offices after an attack are to have an adequate number of Certifying Officers.

If more Certifying Officers are needed, the official in charge may designate the necessary number of such officers, exercising the authority redelegated on the activation of the Emergency Field Service as provided in Chapter 4 of this Handbook. Each person so designated will sign Standard Form-210, Signature Card for Certifying Officer. The signed SF-210, along with a copy of the designation and a copy of Chapter 4 of this Handbook shall be forwarded to the disbursing officers to whom vouchers will be certified for payments.

Copies of this Handbook and copies of SF-210, Signature Card for Certifying Officer, are to be stored at each Regional relocation facility.

Appendix 6
ADVANCE PAYMENTS AND EVACUATION PAYMENTS

A. GENERAL. Issuance of policy regarding payments to federal workers during an evacuation is the responsibility of the Office of Personnel Management (OPM). The following guidance is based on OPM policy and regulations.

B. PURPOSE. HUD employees who are ordered to be evacuated from assigned posts of duty for military or other reasons which create imminent danger to the life or lives of such employee(s) or of such dependents or immediate family, are eligible for certain payments for themselves and their dependents. These payments consist of:

1. Advanced salary payments (repayable to HUD, unless repayment is waived);

2. Continuing salary payments during the evacuation period;

3. Special allowances to reimburse the employees for added expense incurred for themselves and dependents as a result of the evacuation, i.e., travel, subsistence, etc.

C. AUTHORITY. The following regulations are issued under the authority contained in:

1. Public Law 87-304, 75 State. 662, as amended;

2. Executive Order 10982 issued December 25, 1961, as amended by Executive Order 12107, issued December 28, 1978;

3. Regulations of the United States Office of Personnel Management (OPM), (5 CFR 25.701, et seq.).

D. COVERAGE.

1. Employees Covered. These regulations apply to (a) civilian employees who are United States citizens or who are United States nationals, (b) civilian employees who are not citizens or nationals of the United States but who are recruited with a transportation agreement which provides return transportation to the area from which recruited, and (c) to aliens hired in the United States when they are assigned to posts of duty in the areas included in the following paragraph.

2. Locations. These regulations apply to evacuations from, or within, the United States (including the District of Columbia), the Commonwealth of Puerto Rico, the Canal Zone, and any territory or possession of the United States (excluding the Trust Territory of the Pacific Islands.)

3. Evacuations. These regulations do not apply to evacuations occasioned by a natural disaster occurring within the 48 contiguous States or the District of Columbia.

E. ENTITLEMENT.

1. Employees and their dependents Shall be entitled to be paid only if they meet the requirements of these regulations.

2. Entitlement to payment shall cease on the date when the employee is determined to be covered by the Missing Persons Act (50 App. U.S.C. 1001 et seq.), unless payment is earlier terminated under these regulations.

F. DEFINITIONS. As used in these regulations, the following terms are defined:

1. Advance Payment. The monetary amount payable to an evacuated employee, his/her dependents, and/or designated representative in advance of the date on which the employee would otherwise be entitled to be paid.

2. Authorizing Officer. The Secretary of HUD; any Assistant Secretary or equivalent; any Regional Administrator; or any HUD Emergency State Director.

3. Day. Calendar day except when otherwise specified.

4. Dependent. A relative of the employee, normally a member of the employee's household and dependent on the employee for support.

5. Designated Representative. A person 16 years of age or over who is named by an employee for the purpose of caring for a dependent.

6. Evacuated Employee. An employee who is evacuated from his/her post of assignment or who is at the evacuated post but cannot be evacuated for reasons beyond his/her control.

7. Evacuation Payment. The monetary amount payable to an employee, his her dependents, and/or designated representative during a period of evacuation.

8. Monetary Amount. The net amount of compensation (including any allowances or post differentials) due an employee after making all deductions authorized by law, such as retirement or social security deductions, authorized allotments, Federal withholding tax, and others, when applicable.

9. Safehaven Post. A post designated as the post to which the employee or his/her dependents will be evacuated, or a post to which the employee or his/her dependents are actually evacuated.

10. Special Allowance. An additional allowance payment to offset the direct added expenses incident to an evacuation.

G. ORDER OF EVACUATION. For purposes of these regulations, an order of evacuation is either an oral or written order by duly constituted authority to evacuate a post of assignment or an area in which the post of assignment is located.

H. ADVANCE PAYMENTS.

1. Entitlement to Advance Payment. An evacuated employee may be paid an advance payment when, in the opinion of the authorizing officer, payment is required to help the employee defray the immediate expenses incident to his/her evacuation or the evacuation of his/her dependents.

2. Rate of Advance Payment. The amount of the advance payment is the monetary amount covering a period of not to exceed 30 days or a lesser number of days as determined appropriate by the authorizing officer.

3. Computation of Advance Payment. Computation of the amount of the advance payment as prescribed by the preceding paragraph shall be made as follows:

a. For full-time and regular part-time employees, the amount of advance payments shall be computed on the basis of the number of regularly scheduled workdays that will occur during the period as determined by the authorizing officer.

b. For intermittent employees, the amount of advance payment shall be computed on the basis of the number of days on which the employee would be expected to work during the period as determined by the authorizing officer. The number of days shall be determined whenever possible, by approximating the number of days per week normally worked by the employee during an average six weeks period.

4. To Whom Paid. The advance payments may be paid to the employee, his/her adult dependent (that is, 16 years of age or over), and/or a designated representative. When these payments are made to other than the employee, prior written authorization must have been given by the employee.

I. WHEN PAID. The advance payment may be made at any time after the order of evacuation is given, but not later than the expiration of 30 days after the effective date of the evacuation.

J. RECOVERY.

1. General Requirements. After an employee's account is reviewed as required elsewhere in these regulations and it is found that the employee is indebted for any part of the advance payment made to him/her, his/her dependents, or designated representative, recovery of the indebtedness will be effected by the payroll office having jurisdiction over the employee's account, unless a waiver of recovery has been approved. Repayment of the indebtedness may be either in full or in partial payment(s) as agreed upon by the payroll officer and the employee.

2. Waiver of Recovery. Recovery of indebtedness for advance payment shall not be required when it is determined by the authorizing officer that the recovery would be against equity and good conscience, or against the public interest. Findings which formed the basis for waiver of recovery shall be filed in the employee's personnel folder on the permanent side.

K. EVACUATION PAYMENTS.

1. Rate of Evacuation Payment. An employee's evacuation payment is computed on the rate of compensation (including allowances or post differentials) to which he/she was entitled immediately prior to the issuance of the order of evacuation.

2. Duration of Evacuation Payments. Evacuation payments shall be ad to an evacuated employee, his/her adult dependents (that is, 16 years of age or over), and/or his/her designated representative during the period of time (but not to exceed 180 days) in which the order of evacuation remains in effect, unless earlier terminated under these regulations. When the evacuation is ordered, the authorizing officer concerned (if other than the Secretary) shall immediately submit to the Secretary of HUD a report containing the following information:

a. Expected duration of the evacuation.

b. Number of evacuated employees.

c. Feasibility of officially reassigning evacuated employees to other positions.

d. Number and kinds of evacuated employees needed to reactivate the post from which evacuated.

e. Any other facts or circumstances which may aid in determining whether evacuation payments are necessary beyond the first 60 days of the period of evacuation.

A similar report shall be made after the expiration of 45 days of evacuation. Upon receipt of this report, the Secretary (or the head of the appropriate operating element) will determine the number of evacuated employees who will be required to be retained as the civilian staff available for the performance of duty and for whom evacuation payments may be continued beyond the first 60 days of the period of evacuation. As soon as this determination is made, the authorizing officer shall instruct the payroll office concerned as to the number of evacuated employees who may continue to receive evacuation payments and the duration of the period for which such payments will continue.

When the extension thus granted is less than 120 additional days, and the evacuation lasts beyond the approved period for continuation of the evacuation payments, approval for continuation of evacuation payments up to the full 120 additional days must be secured from the Secretary (or the head of the appropriate operating element).

L. COMPUTATION AND PAYMENT OF EVACUATION PAYMENTS.

1. Insofar as practicable, evacuation payments shall be paid on the employee's regular pay days, and computed as follows:

a. For full-time and regular part-time employees, the amount of the evacuation payment shall be computed on the basis of the employee's regularly scheduled workweek.

b. For intermittent employees, the amount of the evacuation payment shall be computed, whenever possible, by approximating the number of days per week normally worked by the employee during an average six-week period.

2. When the employee is evacuated, the amount of allowances and post differentials which may be due shall be computed in accordance with the applicable provisions of Part 350 of the Office of Personnel Management's Regulations (Chapter 3 of Title 5 of the Code of Federal Regulations, 5 CFR 350, et seq.)

M. TO WHOM PAID. Evacuation payments may be paid to the employee, his/her adult dependents (that is, 16 years of age or over), or a designated representative. When payment is made to other than the employee, prior written authorization must have been given by the employee.

N. RELATIONSHIP BETWEEN ADVANCE PAYMENT AND EVACUATION PAYMENT. When an advance payment has been made to or for the account of the employee, the amount of the advance payment shall not diminish the amount of the evacuation payments which would otherwise be due the employee.

O. WORK ASSIGNMENTS FOR EVACUATED EMPLOYEES.

1. Evacuated employees at safehaven posts may be assigned to perform any work considered as necessary or required to be performed during the period of the evacuation without regard to the grades or titles of the employees.

2. Failure or refusal to perform assigned work may be a basis for terminating further evacuation payments.

3. When part-time employees, either regular or intermittent, are given assigned work at the safehaven post, records of the number of hours worked shall be maintained so that payment may be made for any hours of work which are greater than the number of hours on which evacuation payments are computed.

P. SPECIAL ALLOWANCES.

1. Purpose of Special Allowance. Special allowances are paid to evacuated employees to offset any direct added expenses which are incurred by the employee as a result of his/her evacuation or the evacuation of his/her dependents.

Q. DETERMINING DIRECT ADDED EXPENSES. In determining the direct added expenses which may be payable as special allowances under these regulations, the following items shall be considered:

1. Travel Expenses. The travel expenses and per diem for the evacuated employee and the travel expenses for his/her dependents shall be determined in accordance with the Standardized Government Travel Regulations issued by the Office of Management and Budget, and implementing travel regulations. In addition, per diem is authorized for dependents of the evacuated employee at a rate which is equal to the rate payable to the employee as determined in accordance with the Standardized Government Travel Regulations (except that the rate for dependents under 11 years of age shall be one-half this rate). Per diem for the employee and his/her dependents shall be payable from the date of departure from the evacuation post through the date of arrival at the safehaven post, including any period of delay en route which is beyond the evacuee's control or which may result from evacuation travel arrangements. After arrival at a safehaven post, subsistence expenses are authorized under paragraph 2.

2. Subsistence Expense. Unless otherwise directed by the Office of Personnel Management, subsistence expenses for the evacuated employee or his/her dependents shall be determined at applicable per diem rates for the safehaven post or for a station other than the safehaven post which has been approved by appropriate authority. Such subsistence expenses shall begin to be paid on the date following arrival and may continue until terminated under these regulations. The subsistence expenses shall be computed on a daily rate basis, as follows:

a. The applicable maximum per diem rate for the employee and each dependent who is 11 years of age or over; and one-half such rate for each dependent under 11 years of age. This prescribed maximum rate shall be paid for a period not to exceed the first 30 days of evacuation.

b. After expiration of the 30-day period and if the evacuation has not been terminated, the per diem rate shall be computed at 60 percent of the rates prescribed in subparagraph a until a determination is made by competent authority that subsistence expenses are no longer authorized but not to exceed 180 days after the evacuation.

Payment of the subsistence expenses provided under this paragraph shall be decreased by the applicable per person amount for any period during which the employee is authorized regular travel per diem in accordance with Standardized Government Travel Regulations, and implementing travel regulations.

R. GENERAL PROVISIONS.

1. Designation of Safehaven Post. A safehaven post shall be selected as far in advance of any actual, or possible, evacuation as practicable, and employees will be notified of the designated safehaven post to which it is expected that they and their dependents will be evacuated in any emergency requiring evacuation. Alternate safehaven posts may be designated when considered necessary.

2. Pay Data Cards.

a. When it is considered that an evacuation is imminent, or upon instructions issued by competent authority, each employee who will be evacuated, each adult dependent (that is, 16 years of age or over) designated by him/her, and/or his/her designated representative, shall be furnished with pay data cards (a) which specify the monetary amount payable to each as advance payment and as evacuation payment; and (b) which set forth emergency standby evacuation travel orders.

b. Each person to whom a pay data card is issued shall be advised to keep the pay data card in his/her personal possession at all times.

c. When any pay data card is lost, stolen, mutilated, or destroyed, that fact must be reported immediately. The employee must make written application for replacement, furnishing the authorizing officer all the facts and circumstances concerning the need for replacement of the card and, when possible, returning the card for destruction or other appropriate action if replacement is required. The authorizing officer shall, if he/she approves the request, supply the payroll office concerned with written authorization for replacement, and a copy, together with the employee's application for replacement, shall be filed with the employee's payroll records. Replacement pay data cards shall be clearly marked as duplicate issues.

d. Pay data cards shall be surrendered when the employment circumstances warrant the surrender of these cards and a request for surrender is made by appropriate officials. Pay data cards issued to other than the employee shall be surrendered upon the request of appropriate officials when the employee is determined to be missing, as defined under the Missing Persons Act.

Appendix 7
FEDERAL CIVIL READINESS LEVELS AND INSTRUCTIONS

A. DEFINITION AND PURPOSE. Federal Civil Readiness Levels are specific terms used to:

1. communicate that a threat to this nation exists, and

2. give an evaluation as to how serious the threat is. For each readiness level specific actions are to be taken by HUD offices. The use of such readiness levels reduces the chances that the receivers of the message will misinterpret it and implement either stronger or weaker actions than intended.

B. FEDERAL CIVIL READINESS LEVELS AND HUD ACTIONS. FEMA has established four Federal Civil Readiness Levels. HUD and other agencies will receive the notification of such levels directly from the President or from the Director of FEMA. Shown below, the readiness levels are ranked in order from lowest threat to highest threat. The terms themselves are to be used only when the alerts are real. For practice or test alerts the code words shown in parentheses below are used.

1. Communications Watch (Quick Step). This is the lowest level of alert and appropriate actions by HUD are as follows:

a. At Headquarters.

(1) The Emergency Coordinator will notify the Secretary, all persons in Headquarters in the emergency line of succession to the Secretary, and HUD's Emergency Preparedness Council.

(2) The Emergency Preparedness Staff and the Emergency Preparedness Council will make an internal review of all readiness plans to determine any adjustments that may be necessary. However, no actions to adjust will be taken.

(3) HUD will monitor official voice and record communications on a 24-hour basis.

(4) These steps are to be carried out without public disclosure and with minimal internal disclosure.

b. At Regional Offices.

None. (This readiness level will be limited to the national Headquarters office unless specific instructions direct otherwise.)

c. At Emergency State Offices.

None. (Same as 2 above.)

2. Initial Alert (Tight Rein). This level of readiness calls for a step-up of preparations. HUD actions are as follows:

a. At Headquarters.

(1) Establish continuous staffing of emergency operations at Headquarters. HUD's highest level executives are to participate. Full time participation by HUD Alpha (Crisis Management) Team may be needed.

(2) Take corrective action to meet deficiencies noted in review of readiness plans under Communications Watch.

(3) The Emergency Coordinator will inform the Regional Administrators of this alert level.

(4) These actions will be carried out with minimal public disclosure.

b. At Regional Offices.

(1) The Regional Administrator notifies persons in the emergency line of succession to the Regional Administrator and the Regional Emergency Planning Committee (REPC).

(2) The REPC will make an internal review of all readiness plans to determine, and to execute, any adjustments that may be necessary.

(3) The regions will monitor official voice and record communications on a 24-hour basis.

(4) The Regional Administrator will consult with the FEMA Regional Director.

(5) The Regional Administrator notifies Directors of State Emergency Offices.

(6) These actions will be carried out with minimal public disclosure.

c. At Emergency State Offices.

(1) Director notifies those in line of succession.

(2) Director consults with FEMA State Headquarters.

(3) Actions are carried out with minimal public disclosure.

3. Advanced Alert (Flood Tide). This level of readiness alert will result in public participation as well as participation by government departments and agencies. Notification of this level will indicate that the President desires achievement of the highest degree of civil emergency readiness. HUD actions are as follows:

a. At Headquarters.

(1) Continuous staffing of emergency operations (established under Initial Alert) will be reinforced by HUD Alpha (Crisis Management) Team members working shifts around the clock, if necessary.

(2) HUD Bravo and HUD Charlie Site Emergency Teams will prepare to relocate upon direction.

b. At Regional Offices.

(1) The region's primary emergency operating center (Alpha) will be staffed and actions necessary for activation of Bravo will be completed.

(2) The HUD Bravo (Regional Emergency Management) Team will prepare to relocate upon direction.

c. At Emergency State Offices.

(1) The Emergency State Offices will prepare to receive and execute specific instructions.

(2) The Emergency State Offices will consult with the FEMA State Headquarters to determine how it can best help FEMA and other agencies in a coordinated effort to assist the States and localities.

4. Attack Warning. Attack Warning means that an attack against this country has been detected and all feasible Federal/civilian agency actions should be directed toward the continuity of government and the preservation of life and property.

FEMA has federal responsibility for making appropriate arrangements for warning the public and for the operation of the Federal portion of the attack warning system. Federal departments and agencies at all levels as well as State and local governments, will receive notification from FEMA of Attack Warning.

Movement on Attack Warning. If emergency relocation team members assigned to alternate duty stations (Bravo and Charlie facilities for headquarters teams and Bravo facilities for Regional Office teams) have not relocated to their duty stations prior to Attack Warning, they shall do so upon Attack Warning.

Cancellation of Readiness Levels. The cancellation of any readiness level, without further declaration, will indicate a return to normal operations.

Readiness Level Alerts out of Sequence. Headquarters, Regional, and Emergency State Offices will take all actions that would have been taken in all alert levels up to and including the level declared.

Appendix 8
EMERGENCY ORGANIZATION DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PART 1. NATIONAL HEADQUARTERS

1. SECRETARY'S EMERGENCY ORDER NO._____ DATE ______

2. SUBJECT: HUD Emergency Organization and Functions

3. PURPOSE. This emergency standby order describes the emergency responsibilities of the Department and provides for effective direction and coordination of emergency programs at both the national and field levels. This emergency order issued by the Secretary of Housing and Urban Development on a standby basis becomes effective only after the declaration by the President or the Congress of a national emergency, and after HUD has been directed by the White House to activate HUD emergency programs.

4. AUTHORITY. This order is issued pursuant to authority contained in Section 103 and Section 901 of Executive Order 12656.

5. HUD RESPONSIBILITIES. Subject to the program and policy determinations of the Federal Emergency Management Agency, the Secretary of Housing and Urban Development is responsible for developing and administering temporary and permanent housing programs and assuring availability of related community facilities, including programs for the construction and financing of new housing and related community facilities; the restoration of damaged housing and related community facilities; the allocation and control of housing production; and the planning, development, and redevelopment of communities to serve national recovery objectives and to meet the needs of the post-attack economy. Also, the Secretary advises FEMA and appropriate Federal agencies on rents, housing prices and real estate financing. The Secretary shall develop and administer programs to provide emergency housing through the use of existing housing, the repair of damaged housing and related community facilities, the conversion of non-dwelling structures to dwelling use, the use of existing stocks of manufactured housing, and the procurement, construction, financing, and management of temporary housing.

In the exercise of these responsibilities, HUD staff should be especially alert to the Department's increased vulnerability to improper use of funds or abuses during a national emergency.

6. Establishment of HUD Emergency Organization, National Headquarters. By this order the Secretary establishes the following emergency offices and will assign existing Executive level appointees to administer these organizations.

a. Office of Emergency Program Development and Resource Management

b. Office of Emergency Housing

(1) Housing Production Division

(2) Housing Management Division

c. Office of Emergency Community Planning and Development

(1) Community Planning Division

(2) Community Development Division

The Executive level appointees assigned to these emergency organizations will carry the title of Assistant Secretary for each of the emergency offices in addition to their official title. They are hereby authorized and directed to make staff assignments and redelegations to assure that the peacetime programs are continued, curtailed, suspended, or redirected in line with national emergency policies, and that emergency programs of HUD are fully activated and effectively administered, when authorized.

The Assistant Secretaries, the General Counsel and the President GNMA will, upon direction, suspend all peacetime programs and fully support the emergency programs.

7. Emergency Offices and Functions. The specific functions and programs assigned to each emergency office are described below.

a. Office of Emergency Program Development and Resource Management. This office shall be responsible for the formulation and coordination of Departmental emergency housing programs, program policies and goals, and the coordination of resource assessment and evaluation. More specifically, this office shall be responsible for the performance of the following functions:

(1) Provide HUD representation on any national committee or board responsible for program determinations and for the allocation and control of materials and labor related to housing;

(2) Determine the number and type of emergency housing units required by local, State, and Regional entities;

(3) Maintain operating liaison with the Department of Health and Human Services (HHS) to assure coordination of HUD emergency housing with HHS billeting programs;

(4) Plan and coordinate HUD functions with respect to the allocation and control of materials, labor, and other limited or critical resources for the repair and construction of housing and community facilities;

(5) Develop and administer the HUD claimant agency functions;

(6) Coordinate Damage Assessment activities by receiving, analyzing, and providing interpretation of data regarding the effects of an attack on the Nation's housing resources.

(7) Assure that HUD has adequate representation on any interagency group established to plan the economic recovery of the Nation.

b. Office of Emergency Housing. This Office consists of two Divisions and the following functions:

(1) Housing Production Division. This Division of the Office of Emergency Housing shall be responsible for the development, implementation and administration of housing programs and shall:

(a) Provide authority and financial aid for the emergency repair of damaged housing;

(b) Develop technical standards and guides to assure efficient utilization of labor and materials in the construction of housing;

(c) Control and direct the financing of housing construction needed for defense and industrial areas;

(d) Regulate the privately financed construction of new housing in areas not identified as defense or industrial requirements; and

(e) Develop and implement programs to provide emergency housing through direct or indirect financial aid (using public funds) to meet national emergency housing needs, and to support defense and industrial mobilization and national recovery, including the purchase, lease, or construction of dwelling units. This Division shall be responsible for the development and administration of programs to:

1. coordinate and evaluate all housing finance programs of HUD to identify areas in which special direct or indirect financial assistance may be needed to attain essential emergency housing objectives;

2. develop programs and procedures for obtaining such financing; and

3. insure that housing receives appropriate consideration with respect to the impact of any overall economic stabilization measures which affect housing or housing finance matters.

(2) Housing Management Division. This Division of the Office of Emergency Housing shall be responsible for the development and administration of programs to manage housing provided through direct Federal actions or indirectly through financial aid (using public funds), including:

(a) Dwelling units provided as temporary and permanent housing for emergency purposes;

(b) The development of housing maintenance and repair programs;

(c) The management and operation of all housing and mobile homes owned by or under the control of HUD, and the management, operation and disposition of all properties conveyed to or in the custody of HUD;

(d) Managing privately owned housing requisitioned or taken over by the Federal Government for any reason; and

(e) Borrowing funds for financing project operations on the private market through the sale of notes, bonds, or other instruments.

c. Office of Emergency Community Planning and Development (CPD). Consists of two Divisions and the following functions:

(1) Community Planning Division. This Division of the Office of CPD shall be responsible for comprehensive planning for reconstruction of damaged urban areas and construction of new and expanded urban areas to replace severely damaged areas.

In addition, this Division shall be responsible for assuring that planned physical reconstruction is carried out in accordance with previously prepared long range peacetime urban development plans, except where changes are determined necessary due to post-attack conditions. Where practical, this Division shall implement previously prepared plans for modification of the urban structure to eliminate major deficiencies previously uncorrectable through normal peacetime programs.

Functional plans for urban reconstruction and new urban development may extend to many essential community systems which must be coordinated with other concerned agencies, such as the Departments of Energy, Interior, Transportation, Health and Human Services and the Environmental Protection Agency.

(2) Community Development Division. This Division of the Office of CPD shall be responsible for adapting HUD community development programs to the post attack recovery effort. More specifically, this office shall be responsible for the development and administration of programs to:

(a) Provide professional advice and assistance and participate in the selection, acquisition, planning, preparation, and disposal of sites for new, expanded, or redeveloped communities;

(b) Provide assistance to local public agencies for the repair, restoration, and construction of community facilities;

(c) Determine, for housing use, the supply requirements of community facilities;

(d) Provide technical and financial assistance to local public agencies for rehabilitation of public and private community structures; and

(e) Provide technical and financial assistance to local governments to help develop local capability to manage emergency programs.

8. Support Organizations. The existing organizations of Administration, General Counsel, Equal Opportunity, Policy Development and Research, Public and Indian Housing, Inspector General, Congressional Liaison, and Labor Relations will change from the on-going peacetime programs, upon direction, to those dealing with the emergency programs and functions. The immediately required support functions are those to be performed by the Assistant Secretary for Administration, Assistant Secretary for Fair Housing and Equal Opportunity, the General Counsel, and the Office of Inspector General.

a. Administration. This office shall be responsible for administrative management on a Department-wide basis of supplies, equipment and work space needed by the HUD emergency organization and staff assigned to carry out the HUD emergency programs.

More specifically, this office will be responsible for:

(1) The development and execution of emergency administrative programs and procedures for Department-wide provision of work space, supplies and equipment;

(2) The coordination of emergency budgetary, accounting, audit, procurement, personnel, and security activities for the Department; and

(3) The maintenance of necessary communications networks.

b. Fair Housing and Equal Opportunity. This office shall be responsible for assuring that Equal Opportunity considerations are included in the formulation and execution of all Departmental emergency policies and programs. Specifically, this office shall be responsible for assuring civil rights coverage of all programs having to do with emergency planning and operations including, but not limited to, housing of families, urban and community planning, housing relocation, hiring of personnel, community development, and contracting. These program activities shall be administered without discrimination on the basis of race, color, religion, sex, age, national origin or handicap.

c. General Counsel. The General Counsel shall be responsible for the provision of the legal advice and assistance required in the formulation and execution of the Department's emergency policies and programs, for conducting studies of basic legal problems, and for representing the Secretary on all legal matters. The General Counsel shall be responsible for preparation and/or review of proposed emergency Federal legislation, reports, statements, and other materials concerning proposed or pending legislation; preparation or review of public regulations of the Department, and related documents; and preparation of legal opinions, briefs, and contract documents.

d. Office of Inspector General. This office shall be responsible for assuring that all emergency programs are formulated and executed with minimal vulnerability to fraud, waste and mismanagement, and for conducting audits appropriate to program activity.

9. AUTHORIZATION. This Order shall become effective only when authorized by the Secretary of Housing and Urban Development after the declaration of a national emergency by the President or the Congress and when directed by the President or the Director of the Federal Emergency Management Agency to activate HUD emergency programs.

a. In executing the emergency responsibilities described in this Order all HUD Headquarters officials are directed to conform to the delegations to the HUD Emergency Field Service as established under HUD Handbook 3200.1 REV-3, "Emergency Planning and Operations Handbook, Appendix 8, Part II."

This Order signed this ______ day of _____, 19__.

____________________________________
Secretary of Housing and Urban Development

EMERGENCY ORGANIZATION PART II. EMERGENCY FIELD SERVICE

1. SECRETARY'S EMERGENCY ORDER NO._____ DATE: _______

2. SUBJECT. HUD Emergency Organization and Functions

3. PURPOSE. This emergency order describes the emergency responsibilities of the Department and provides for effective direction and coordination of emergency programs at the field level. This emergency order issued by the Secretary of Housing and Urban Development on a standby basis becomes effective only after the declaration by the President or the Congress of a national emergency, and after HUD has been directed by the White House.

4. AUTHORITY. This order is issued pursuant to authority contained in Section 103 and Section 901 of Executive Order 12656.

5. HUD RESPONSIBILITIES. Subject to the program and policy determinations of the Federal Emergency Management Agency (or the Office of Emergency Resources), the Secretary of Housing and Urban Development is responsible for developing and administering temporary and permanent housing programs and assuring availability of related community facilities, including programs for the construction and financing of new housing and related community facilities; the restoration of damaged housing and related community facilities; the allocation and control of housing production; and the planning, development, and redevelopment of communities to serve national recovery objectives and to meet the needs of the post-attack economy. Also, the Secretary advises FEMA and appropriate Federal agencies on rents, housing prices and real estate financing. The Secretary shall develop and administer programs to provide emergency housing through the use of existing housing, the repair of damaged housing and related community facilities, the conversion of non-dwelling structures to dwelling use, the use of existing stocks of manufactured housing, and the procurement, construction, financing, and management of temporary housing.

6. Establishment of HUD Emergency Field Service. There is established herein the Emergency Field Service of the Department of Housing and Urban Development. The Emergency Field Service shall consist of the ten (10) HUD Regional Offices and the fifty (50) designated Emergency State Offices.

7. Emergency Field Service Organization and Functions. The Emergency Field Service is responsible for coordinating HUD emergency activities at the Region, State and local levels in any declared national emergency and when authorized by the Secretary by issuance of this emergency order.

a. Region. The Regional Administrator is responsible for supervision and coordination of emergency activities within the Region, liaison and FEMA, other Federal Agencies and adjacent HUD Regions, and the assignment of staff and resources as emergency operations require. Regional Office emergency functions consistent with departmental emergency responsibilities described in paragraph 5 above, and the organization for emergency operations as defined in the Regional 3200.1 Handbook, "Emergency Planning and Operations", as prepared by each Region are hereby established.

b. Emergency State Office. The Emergency State Director is responsible for all emergency operations and activities under the jurisdiction of the Emergency State Office, and the assignment of staff and resources for emergency operations within the State. The Emergency functions and the organization of the Emergency State Office for emergency operations as defined in the Regional 3200.1 Handbook, "Emergency Planning and Operations" and prepared by each Region are hereby established.

8. Delegations of Emergency Authorities. In the absence of communications with higher Departmental authority, each Regional Administrator and each Emergency State Director in the Emergency Field Service of the Department of Housing and Urban Development, with respect to emergency programs within the geographic area over which they have jurisdiction, is hereby authorized to exercise all emergency powers now or hereafter vested in or assigned to the Secretary of Housing and Urban Development, except those powers which by law cannot be delegated by the Secretary.

a. Each Regional Administrator and Emergency State Director is authorized to redelegate any of the foregoing authority to any officers and employees under their jurisdiction.

b. The senior employee of the Department of Housing and Urban Development who is present (by grade, and within grade by length of service):

(1) At any Regional office in the absence of a person designated to serve as Regional Administrator or as acting Regional Administrator.

(2) At any HUD Emergency State Office in the absence of a person designated to serve as Emergency State Director or as Acting Emergency State Director, or

(3) At any other HUD location where on duty, during such times as it may be impossible or infeasible to contact higher authority, is authorized to assume and exercise the authorities herein or hereafter delegated to Regional Administrators in the Emergency Field Service.

9. Authority to Execute. This order shall become effective only upon authorization by the Secretary of Housing and Urban Development, after the declaration of a National emergency by the President or the Congress, and when directed by the President or the Director of the Federal Emergency Management Agency to activate HUD emergency programs.

This order signed this _____ day of ____, 19___.

_______________________________________
Secretary of Housing and Urban Development

Appendix 9
INSTRUCTIONS FOR CLAIMANCY AND CONTROL OF CRITICAL MATERIALS IN A POST-ATTACK EMERGENCY

Under Executive Order 12656, the Department of Housing and Urban Development has, among other emergency assignments, the claimancy function.

1. CLAIMANCY. HUD will claim materials, labor, equipment, supplies, and services needed in support of assigned emergency housing responsibilities from appropriate resource agencies, and work with such agencies in developing programs to insure availability of resources in an emergency. Allocation and distribution controls consistent with the procedures prescribed at the time by the Department of Commerce (DOC) for materials and equipment needed for housing shall be strictly adhered to during any declared national emergency.

2. AUTHORITY. The authority and instructions for carrying out these functions come from the DOC. The Defense Production Act of 1950, as amended, permits DOC to direct and control industrial production, distribution, and construction through the issuance of regulations and control orders.

Implicit in these orders is the provision that in an emergency there will be established a system of automatic control. As a part of this system, HUD along with other agencies having emergency responsibilities will have the authority to certify its own priorities for essential materials. This self-certification authority comes into effect immediately following the declaration of a National Emergency by the President or the Congress or when ordered by the President.

3. Until superseded by new instructions, the following procedures would be followed by HUD personnel at all levels in carrying out post-attack claimancy and control functions:

a. HUD will rely upon the local and State governments' emergency housing agencies during the immediate post-attack period for information as to the number of housing units which are needed in addition to existing housing available, and as to the quantities of materials which are needed in addition to existing supplies.

b. The State Emergency Housing Agency (or whatever State agency is responsible for emergency housing) will issue an order directing local governments in need of emergency housing and related supplies, equipment, and labor, to apply to the State Housing Agency for the additional materials and labor which are needed.

If the State Government intends to request Federal assistance, a copy of the application should be submitted to the HUD Emergency State Office.

c. HUD Regional Administrators and HUD Emergency State Directors may authorize contractors to certify to their priority rights to claim materials and labor necessary to provide emergency housing and related community facilities. Sample Form No. MC-1, "HUD Certification of Priority," a sample of which is attached, shall be used for purposes of self-certification. The appropriate sample forms, "Emergency Housing Program Authorization," "Emergency Community Facilities Authorization," and related sample forms "Request for Allocation of Critical Materials" and "Request for Assignment of Labor" will be evidence in support of self-certification. These sample forms are contained in the several HUD Emergency Operating Instructions and are identified as follows:

Sample Forms EHC-3, EHC-6, and EHC-7 -- Emergency Housing Construction

Sample Forms EHR-2, EHR-3, and EHR-4 -- Emergency Repair of Damaged Housing

Sample Forms EHV-2, EHV-3, and EHV-4 -- Emergency Conversion of Non-Dwelling Structures for Use as Dwellings

Sample Forms ECF-2, ECF-4, and ECF-5 -- Emergency Community Facilities Related to Housing

The contractor(s) (or, in force account construction, the local government or the HUD Emergency State Director) will present one copy of the certification for critical materials to the suppliers or manufacturers, and one copy of the certification for labor to the local labor agency. These requests will be given priority to the extent that materials and labor are available.

d. If the self-certified priority claims exceed available resources, the request will be referred to the appropriate priorities board at the State level. The decision of the State Priorities Board will be final in all cases which are confined to the State.

e. If the availability of the materials or labor within the State is inadequate in relation to the established needs, then the claim may be referred to the Regional level by either the State Government which would refer it to the Regional Director of the Federal Emergency Management Agency or Emergency State Office which would refer it to the HUD Regional Administrator. In either case, the request would come before the Regional Preparedness Committee or its successor for review and priority assignment.

4. PRIORITY ACTIVITIES IN IMMEDIATE POST-ATTACK PERIOD. The following housing activities are to be accorded priority over all other housing claims for materials, supplies, equipment and services.

a. Emergency Housing Repair

b. Conversion of Non-Dwelling Structures to Emergency Housing Units

c. Emergency Housing Construction

5. ASSIGNMENT OF RESOURCES. Resources required for essential uses, including labor, will be assigned to meet the emergency housing requirement of the priority activities indicated above. The principal objectives are to use available resources to serve emergency housing needs promptly and effectively, and to:

a. Protect and prevent waste of resources prior to their assignment to priority activities.

b. Support emergency repair of housing, construction of housing needed for survival, or the conversion of structures to housing use, where this can be accomplished quickly. Other construction already under way should be stopped, and no new construction started unless it can be used immediately for emergency housing purposes.

6. ASSESSMENT AND CONSERVATION MEASURES.

a. The priority assignment of resources by the HUD Regional Administrator assumes that local officials have established their authority, conducted assessment of housing needs and taken conservation measures.

This includes:

(1) Immediate freeze on all inventories of essential housing materials, supplies and equipment, including authorization for exceptions to the freeze to meet health and life saving needs.

(2) Assessment of requirements for housing resources.

(3) Assessment of availability of construction materials, supplies, equipment and labor on a local area basis.

b. HUD officials must consider both present and anticipated requirements, must evaluate conflicting demands, and must regulate use to assure that available resources are conserved and maximum utilization obtained.

7. EMERGENCY HOUSING AND RELATED COMMUNITY FACILITIES MATERIALS. The following list of materials and equipment shall be included as the basic materials in a self-certification claimancy and control system for housing:

a. Asphalt and tar roofing and siding products;

b. Builders hardware-hinges, locks, handles, etc;

c. Building board, including insulating board, laminated fiberboard, hardpressed fiberboard and gypsum board.

d. Building papers;

e. Plastic patching, couplings, clamps, etc., for emergency repairs;

f. Plumbing fixtures and fittings;

g. Prefabricated housing;

h. Rough hardware-nails, bolts, screws, etc.;

i. Sewer pipe and fittings;

j. Tents and tarpaulins; canvas, plastics, and other similar materials;

k. Lumber and allied products: Lumber, principally 1-inch and 2-inch, minor quantities of small and large timbers; siding and flooring; plywood; millwork, doors, and windows;

l. Masonry products--brick, cement, lime, concrete block, hollow tile, tile, etc.;

m. Translucent window coverings;

n. Water pipe and hose, plus fittings--all types, including fire hose.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

SAMPLE FORM MC-1

HUD CERTIFICATION OF PRIORITY

This is an official certification of priority rights to building and construction materials, labor, equipment and supplies necessary for the construction of (check one)

Emergency Housing ____________________

Emergency Housing Repair ____________________

Emergency Conversion of Nondwelling Structures ____________________

Emergency Community Facilities ____________________

This certification is issued to _________________________________________ who is hereby given a priority claim on the necessary materials, labor and equipment to carry out the emergency work described on and supported by Forms ____________________ dated ________________ which are attached hereto and made a part of this certification. (Attach program authorization, request for critical materials, and request for labor as appropriate.)

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

By

______________________________________
(Title)

DATE ____________________

PLACE ____________________

INSTRUCTIONS: Provide copies to HUD Regional Administrator, State Government Housing Agency, which sends two to local government housing agency which gives one to contractor and holds one.