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 authority; 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. "I am sure that all of our citizens, and particularly those 61⁄2 million persons. who have been devoting their unselfish efforts to the cause of civil defense, will redouble their efforts now that the prospects are so favorable for an invigorated program under the President's leadership. "In the next few days I expect to send this message to all Governors, regional and State directors, and many county and city leaders throughout the country.” APPENDIX 3D.-STATEMENT OF ROBERT S. MCNAMARA, SECRETARY OF DEFENSE, JULY 20, 1961 "In understanding the serious responsibilities transferred to us today by the President, the Department of Defense will be guided by these major considerations: "(1) The civil defense effort must remain under civilian direction and con-trol, involving, as it does, the survival of every citizen. It requires the closest and most sympathetic cooperation between the Federal civilian authorities and State and local governments. "(2) In the age of thermonuclear war, civil defense must be integrated with. all aspects of military defense against thermonuclear attack. "(3) The civil defense functions of the Department must not be permitted to downgrade the military capabilities of our Armed Forces. "(4) Whatever expenditures are undertaken for civilian defense projects must be directed toward obtaining maximum protection for lowest possible cost. "The civil defense function will be organized within the Department of Defense. as a civilian function, drawing where necessary on the military departments for available support. For example, the district offices of the Army Corps of Engineers or the Navy Bureau of Yards and Docks could be utilized in planning and directing the survey marking and improvement of available fallout shelter space in existing construction, as directed by the President. In the meantime, em-ployees of the OCDM working on civil defense matters, for which I now have responsibility, will be transferred to my Office. "A special group is at work preparing a budget for the new and accelerated civil defense program outlined by the President. Thereafter, the group will address itself to the organizational problems presented by the transfer of civil defense functions, including operations in Washington, in Battle Creek, Mich.,. and in the field." APPENDIX 4A.-EXECUTIVE ORDER NO. 10958, AUGUST 14, 1961 EXECUTIVE ORDER No. 10958 DELEGATING FUNCTIONS RESPECTING CIVIL DEFENSE: By virtue of the authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), and as President of the United States, it is ordered as follows:: PART I. MEDICAL STOCKPILES SECTION 101. Delegation of functions. Certain functions under the Federal Civil Defense Act of 1950, as amended (which were transferred to the President: by the provisions of Reorganization Plan No. 1 of 1958 (72 Stat. 1799)), are hereby delegated to the Secretary of Health, Education, and Welfare, hereafter in this part referred to as the Secretary, as follows: (a) All functions (including, as used in this order, powers, duties, and authority) under section 201 (h) of that act, 50 U.S.C. App. 2281 (h), to the extent that they pertain to the stockpiling of medical supplies and equipment. (b) To the extent that they are incidental to or necessary for the performance by or under the Secretary of the functions delegated by the provisions of section 101 (a) of this order, other functions under the Federal Civil Defense Act of 1950, as amended, excluding, however, functions under sections 102(a), 201(b), and 402 and title III of that act. SECTION. 102. Redelegation. The Secretary may redelegate any of the func tions delegated to him by this order to any of his subordinates. PART II. FOOD STOCKPILES SECTION 201. Delegation of functions. Certain functions under the Federal Civil Defense Act of 1950, as amended (which were transferred to the President by the provisions of Reorganization Plan No. 1 of 1958 (72 Stat. 1799)), are hereby delegated to the Secretary of Agriculture, hereafter in this part referred to as the Secretary, as follows: (a) All functions under section 201 (h) of that act, 50 U.S.C. App. 2281(h), to the extent that they pertain to the stockpiling of food. (b) To the extent that they are incidental to or necessary for the performance by or under the Secretary of the functions delegated by the provisions of section 201(a) of this order, other functions under the Federal Civil Defense Act of 1950, as amended, excluding, however, functions under sections 102 (a), 201(b), and 402 and title III of that act. SECTION 202. Redelegation. The Secretary may redelegate any of the functions delegated to him by this order to any of his subordinates. PART III. GENERAL PROVISIONS SECTION 301. Relationships with other agencies. The responsibilities of the Director of the Office of Civil and Defense Mobilization in respect of the functions delegated by the provisions of parts I and II of this order shall be those stated in section 2(a) of Executive Order No. 10952 of July 20, 1961 (26 F.R. 6577). SECTION 302. Property, personnel, and records. Subject to law, property, personnel, and records of the Office of Civil and Defense Mobilization shall be transferred as follows: (a) To the Department of Health, Education, and Welfare, so much thereof, related to the functions delegated by the provisions of part I of this order, as may be determined jointly by the Secretary of Health, Education, and Welfare and the Director of the said Office. (b) To the Department of Agriculture, so much thereof, related to the functions delegated by the provisions of part II of this order, as may be determined jointly by the Secretary of Agriculture and the said Director. SECTION 303. Funds. There shall be transferred to the Department of Agriculture and to the Department of Health, Education, and Welfare so much of the appropriations, allocations, and other funds (available or to be made available) of the Office of Civil and Defense Mobilization as shall be determined in pursuance of the provisions of section 202(b) of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c(b)) and section 1(k) of Executive Order No. 10530 of May 10, 1954. SECTION 304. Prior Executive orders. Exclusive of Executive Order No. 10952 of July 20, 1961, all prior Executive orders (including Executive Order No. 10773 of July 1, 1958, as amended, and Executive Order No. 10902 of January 9, 1961) are hereby superseded to the extent that, immediately prior to the issuance of this order and in respect of the functions delegated by the provisions of parts I and II of this order (to the extent there delegated), they delegate or otherwise assign, or authorize the delegation or other assignment of, functions or subject, or authorize the subjection of, the performance of functions to supervision, direction, control, or coordination. SECTION 305. Other prior actions. Except to the extent that they may be inconsistent with the provisions of this order, and except to the extent revoked, superseded or otherwise rendered inapplicable before the date of this order, all determinations, authorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, and other actions heretofore made, issued, or entered into with respect to any function delegated by the provisions of part I or of part II of this order (to the extent there delegated) shall continue in effect until such time as the Secretary of Health, Education, and Welfare or the Secretary of Agriculture, as the case may be, under the authority of this order, shall amend, modify, or terminate them. The status of prior Executive orders shall be governed by the provisions of section 304 of this order. THE WHITE HOUSE, August 14, 1961. JOHN F. KENNEDY. |