Specifically, this would involve

A. The development and execution of a fallout shelter program.

B. The development and execution of a chemical, biological, and radiological (CBR) warfare defense program.

C. The assumption of responsibility for transmitting warning of impending attack to civilian authorities and to the public, in accordance with policies determined by you.

D. The maintenance of a national communications network for use by civilian authorities of Government postattack.

E. The development of planning guidance for, and emergency assistance to, State and local governments in such postattack community services as health and sanitation services, maintenance of law and order, firefighting and control, debris clearance, traffic control, and the provision of adequate water supplies.

F. The collection of data on location and strength of enemy strikes and such assessment of their damage as is required to minimize such damage. G. The administration of Federal matching funds programed for the strengthening of State and local civil defense capabilities.

H. Assistance to the States and localities in the provision of protected facilities to serve the requirements of damage control operations and to facilitate the OEP plans for the continuity of State and local government. I. The development and execution of plans for making available to State and local governments such surplus Federal property as will enhance their civil defense capabilities.

J. The development and maintenance of a capability to direct, both nationally and in the regions, the movement from unattacked areas to attacked areas of such aid and resources as can be made available for civil defense operations.

In the fulfillment of these responsibilities, it is contemplated that the Secretary of Defense would avail himself wherever feasible of the capabilities of other Federal agencies, as determined by you, by contractual or other agreement.

IV. Assignment to the Department of Health, Education, and Welfare of responsibility for national emergency medical stockpile

The national stocks of medical supplies and equipment would be woefully inadequate to meet the emergency civil defense requirements and the continuing health needs to the Nation following a nuclear attack. I therefore recommend that you assign to the Department of the Health, Education, and Welfare the responsibility for developing and maintaining a national emergency medical stockpile. Requirements for such a stockpile should be developed in cooperation with the Department of Defense for civil defense operations and with the Office of Emergency Planning for the continuing health needs of the Nation until such time as production to meet such requirements could be reasonably anticipated.

V. Assignment to the Department of Agriculture of responsibility for a national food stockpile

While total supplies of food might be adequate for a considerable period following an attack, bottlenecks in processing capabilities and poorly planned storage locations may obtain without proper advance planning. I therefore recommend that you assign to the Department of Agriculture responsibility for estimating the food requirements of the Nation following an attack and making plans to assure the required availability of food for the surviving population until such time as adequate food production could be resumed. In making such plans, the Department of Agriculture should work closely with the Department of Defense and the Office of Emergency Planning.

VI. General

In connection with each responsibility outlined above, there would be involved, of course, responsibility for such research, training, and public information as is required by the individual programs. In order that such supporting activities may fit into a consistent national approach, I recommend that the OEP on your behalf maintain general coordination.

In fulfillment of these recommendations, I propose to work out with the several departments mutually agreeable transfers of personnel and funds from the present OCDM. Since the bulk of the transfers will be to the Department of Defense in connection with the assignment of responsibility for the total civil

defense program, I propose further the transfer of the staff college and training schools to the Department of Defense.

It is my belief that such assignments as are herein proposed offer promise of an invigorated, meaningful, nonmilitary defense program, if supported by a larger commitment of Federal resources than has been made in the past, and buttressed by a continuation of the Presidential concern, leadership, and support which you have demonstrated.

To this end I pledge my full support and that of the staff of the new Office of Emergency Planning.

Respectively submitted.

(Signed) Frank B. Ellis, FRANK B. ELLIS.

APPENDIX 3A.-EXECUTIVE ORDER NO. 10952, JULY 20, 1961

Whereas the possibility of enemy attack upon the United States must be taken into account in developing our continental defense program; and

Whereas following a thorough review and consideration of our military and nonmilitary defense activities, I have concluded that adequate protection of the civilian population requires a substantial strengthening of the Nation's civil defense capability; and

Whereas the rapid acceleration of civil defense activities can be accomplished most effectively and efficiently through performance by the regular departments and agencies of government of those civil defense functions related to their established roles and capabilities; and

Whereas I have concluded that the undertaking of greatly accelerated civil defense activities, including the initiation of a substantial shelter program, requires new organizational arrangements:

Now, therefore, by virtue of the authority vested in me as President of the United States and Commander in Chief of the Armed Forces of the United States, including the authority contained in the Federal Civil Defense Act of 1950, as amended, and other authorities of law vested in me pursuant to Reorganization Plan No. 1 of 1958, it is hereby ordered as follows:

SECTION 1.-Delegation of authority to the Secretary of Defense.—(a) Except as hereinafter otherwise provided and as is reserved to the Office of Civil and Defense Mobilization in section 2 of this order, the Secretary of Defense is delegated all functions (including as used in this order, powers, duties, and authority) contained in the Federal Civil Defense Act of 1950, as amended (hereinafter referred to as the act), vested in me pursuant to Reorganization Plan No. 1 of 1958 (72 Stat. 1799), subject to the direction and control of the President. Such functions to be performed by the Secretary of Defense, working as necessary or appropriate through other agencies by contractual or other agreements, as well as with State and local leaders, shall include but not be limited to the development and execution of-

(i) a fallout shelter program;

(ii) a chemical, biological, and radiological warfare defense program; (iii) all steps necessary to warn or alert Federal military and civilian authorities, State officials, and the civilian population;

(iv) all functions pertaining to communications, including a warning network, reporting on monitoring, instructions to shelters, and communications between authorities;

(v) emergency assistance to State and local governments in a postattack period, including water, debris, fire, health, traffic, police, and evacuation capabilities;

(vi) protection and emergency operational capability of State and local government agencies in keeping with plans for the continuity of government; and

(vii) programs for making financial contributions to the States (including personnel and administrative expenses) for civil defense purposes. (b) In addition to the foregoing, the Secretary shall

(i) develop plans and operate systems to undertake a nationwide postattack assessment of the nature and extent of the damage resulting from enemy attack and the surviving resources, including systems to monitor

and report specific hazards resulting from the detonation or use of special weapons; and

(ii) make necessary arrangements for the donation of Federal surplus property in accordance with section 203 (j) (4) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 484 (j) (4)), subject to applicable limitations.

SECTION 2. Civil defense responsibilities of the Office of Civil and Defense Mobilization. The Director of the Office of Civil and Defense Mobilization shall

(a) Advise and assist the President in

(i) determining policy for, planning, directing and coordinating, including the obtaining of information from all departments and agencies, the total civil defense program;

(ii) reviewing and coordinating the civil defense activities of the Federal departments and agencies with each other and with the activities of the States and neighboring countries in accordance with section 201 (b) of the act;

(iii) determining the appropriate civil defense roles of Federal departments and agencies, and enlisting State, local, and private participation, mobilizing national support, evaluating progress of programs, and preparing reports to the Congress relating to civil defense matters; (iv) helping and encouraging the States to negotiate and enter into interstate civil defense compacts and enact reciprocal civil defense legislation in accordance with section 201 (g) of the act, and

(v) providing all practical assistance to States in arranging, through the Department of State, mutual civil defense aid between the States and neighboring countries in accordance with section 203 of the act; (b) Develop plans, conduct programs, and coordinate preparations for the continuity of Federal governmental operations in the event of attack; and

(c) Develop plans, conduct programs, and coordinate preparations for the continuity of State and local governments in the event of attack, which plans, programs, and preparations shall be designed to assure the continued effective functioning of civilian political authority under any emergency condition.

SECTION 3. Excluded functions.-The following functions of the President under the provisions of the act are excluded from delegations to the Secretary of Defense made by this order and are reserved to the President:

(a) Those under subsections (h) and (i) of section 201 of the act (50 U.S.C. App. 2281 (h), (i)) to the extent that they pertain to medical stockpiles and food stockpiles.

(b) Those under the following provision of the act: Sections 102 (a), 201(b), and 402 and title III.

SECTION 4. Transfer of property, facilities, personnel and funds.-Subject to applicable law, there shall be hereby transferred to the Secretary of Defense such portion of the property, facilities, and personnel of the Office of Civil and Defense Mobilization engaged in the performance of the civil defense responsibilities herein assigned to the Secretary of Defense as shall be agreed upon by the Secretary and the Director of the Office of Civil and Defense Mobilization together with such portions of the funds currently available for those purposes as shall be approved by the Director of the Bureau of the Budget.

SECTION 5. Reports.-The Secretary of Defense shall annually submit to the President a written report covering expenditures, contributions, activities, and accomplishments of the Secretary of Defense pursuant to this order.

SECTION 6. Redelegation.-The Secretary of Defense is hereby authorized to redelegate within the Department of Defense the functions hereinabove delegated to him.

SECTION 7. Amendment.-The Director of the Office of Civil and Defense Mobilization is hereby relieved of responsibilities under the act except as otherwise provided herein, and the provisions of Executive Order No. 10773, as amended, are amended accordingly.

SECTION 8. Prior actions.—(a) Except to the extent that they may be inconsistent with the provisions of this order, and except as particular Executive orders or other orders are amended, modified, or superseded by the provisions of this order, all determinations, authorizations, regulations, rulings, certificates, orders (including emergency preparedness orders), directives, contracts, agreements,

and other actions made, issued, or entered into with respect to any function effected by this order, and not revoked, superseded, or otherwise made inapplicable before the date of this order, shall continue in full force and effect until amended, modified, or terminated by the President or other appropriate author. ity; but, to the extent necessary to conform to the provisions of this order, any of the foregoing shall be deemed to refer to the Secretary of Defense or other appropriate officer or agency instead of, or in addition to, the Office of Civil and Defense Mobilization or the Director thereof.

(b) This order shall not terminate any delegation or assignment of any substantive (program) function to any delegate agency made by any emergency preparedness order heretofore issued by the Director of the Office of Civil and Defense Mobilization (26 F.R. 651-662; 835-840) (which emergency preparedness order shall remain in effect until amended or revoked by or at the specific direction of the President). No such emergency preparedness order shall limit the delegation or assignment of any substantive (program) function to the Secretary of Defense made by the foregoing sections of this order.

SECTION 9. Effective date.-This order shall become effective on the first day of August 1961.

THE WHITE HOUSE, July 20, 1961.

JOHN F. Kennedy,

APPENDIX 3B.-WHITE HOUSE PRESS RELEASE OF JULY 20, 1961, RE EXECUTIVE ORDER NO. 10952

The President today issued an Executive order assigning major civil defense responsibilities to the Secretary of Defense and redefining the role of the Director of the Office of Civil and Defense Mobilization. The President stressed that civil defense will remain civilian in nature and leadership.

The order puts into effect recommendations made by Frank B. Ellis, Director of the Office of Civil and Defense Mobilization, following an intensive study of the civil defense program. Mr. Ellis' report is being released today.

In his message to the Congress of May 25, the President indicated his intention to delegate certain civilian protection functions to the Secretary of Defense. In issuing today's order, the President said: "More than ever, a strong civil defense program is vital to the Nation's security. Today,civil defense is of direct concern to every citizen and at every level of government."

The Secretary of Defense will be in charge of Federal programs for the protection of the Nation's civilian population against the dangers of nuclear attack. The responsibilities actually assigned to the Secretary will include the development and exclusion of a fallout shelter program, of a warning and communications system, and of a program to assist the State and local governments in such postattack community services as health and sanitation, maintenance of law and order, firefighting and control, debris clearance, traffic control, and the provision of adequate water supplies.

The Director of the Office of Civil and Defense Mobilization will advise and assist the President in coordinating the civil defense operations of all executive departments. Mr. Ellis will also continue his highly important responsibilities for planning for the continuity of State and local governments, the natural disaster relief program, the defense mobilization program, and the strategic and critical materials stockpiling programs. Legislation will be proposed in the near future to change the name of the Office of Civil and Defense Mobilization to the Office of Emergency Planning.

The President has directed the Secretary of Defense in carrying out his responsibilities to prepare and direct national plans and programs for the civil defense of the United States designed to afford adequate protection of life and property and to provide for civil defense warning and communication systems to furnish Federal, State, and local officials, as well as the public at large, with. emergency information and instructions. The Secretary of Defense will work closely with the States in planning and preparing these programs.

The President instructed the Secretary of Defense to give urgent attention. to plans for a survey of shelter facilities in existing structures. At the Presiden's direction, Secretary McNamara has already begun work.

In keeping with the injunction of the Federal Civil Defense Act of 1950, the Secretary of Defense will make maximum use of the facilities of existing Federal departments and agencies. Responsibilities previously assigned to them will remain in effect.

The President said:

"In calling upon the resources of the Department of Defense to stimulate and invigorate our civil defense preparations, I am acting under the basic Federal premise that responsibility for the accomplishment of civil defense preparations at the Federal level is vested in me. In the States and localities, similar responsibilities are vested in the Governors and local executives. It is my hope that they, too, will redouble their efforts to strengthen our civil defense and will work closely with the Department of Defense in its new assignment.

"Civil defense, like other elements of the total nonmilitary defense program, reaches into virtually every phase of our government and of our national life. I shall accordingly be actively concerned with the problem of coordinating our civil defense preparations with other nonmilitary defense preparations required to achieve a strong position for our Nation. In this, I shall be represented and assisted by the Director of the Office of Civil and Defense Mobilization.”

The President also pointed out that the Director of OCDM will have extensive and important responsibilities in assisting him in planning for the management of national resources in various types of emergency, in making plans to deal with the effects of enemy strikes on human and material resources, in appropriate economic warfare matters, such as restriction of imports threatening national security, in developing plans and policies covering the maintenance of the strategic and critical stockpile, and in other aspects of the defense mobilization program. The Director of OCDM will also advise and assist the President in dealings with State Governors and will generally assist him in his role as leader and coordinator of the Nation's civil defense effort. He will retain his present responsibilities to plan for the continuity of Federal, State, and local government, to coordinate Federal natural disaster operations, and to act as telecommunications coordinator for the executive branch.

The President took occasion to compliment Mr. Ellis and the OCDM organization on their vigorous and successful efforts since shortly after Inauguration Day to focus national attention on the critical gaps in our civil defense preparations. He particularly congratulated Mr. Ellis on his constructive attitude in consultations leading to agreement on the new program direction.

The President anticipates the early submission to the Congress of a request for increased Federal support for an invigorated civil defense program. He is convinced that the Executive order issued today constitutes a step toward achieving, in the form of realistic, strengthened civil defense program, the survival insurance and the increased defensive strength so vital to the Nation's security.

APPENDIX 3C.-STATEMENT OF FRANK B. ELLIS, DIRECTOR, OFFICE OF CIVIL AND DEFENSE MOBILIZATION, JULY 20, 1961

Following the White House release of the Executive order assigning certain civil defense responsibilities to the Secretary of Defense, Frank B. Ellis, Director of Office of Civil and Defense Mobilization, issued the following statement :

"The President has today ordered the Secretary of Defense to develop an accelerated program of civil defense for the Nation.

"Earlier in his message of May 25 to the Congress, the President indicated his intention to support such a program by a larger commitment of Federal participation than has been made in the past.

"These are indeed encouraging developments to those State and local government leaders, civil defense officials, and selfless dedicated supporters of civil defense who have labored these many years against such discouraging odds to bring about a state of civil defense preparedness in this country.

"President Kennedy has recognized clearly the importance of civil defense preparedness to our national security. He has assigned major responsibility to that department of Government which can commit the greatest resources to its execution.