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The National Plan for Civil Defense and Defense Mobilization, Annexes #4-6
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THE NATIONAL PLAN
for
Civil Defense and Defense Mobilization
Annex 4
AUTHORITIES FOR CIVIL
DEFENSE AND DEFENSE
MOBILIZATION
à Diver Library 841
Executive Office of the President
OFFICE OF CIVIL AND DEFENSE MOBILIZATION
Preface
This annex describes the legal authorities upon
which The National Plan for Civil Defense and Defense
Mobilization is based.
It discusses constitutional provisions, statutes,
Executive orders, and other authorities pertinent to civil
defense and defense mobilization at the Federal, State,
and local levels. Citations to these authorities are given
in the footnotes to the annex.
The annex is published in looseleaf form in order
that pages may be added or replaced easily whenever
changes in existing law make revisions appropriate.
EMPROWER - Library
Caltingh Cea
Director
Office of Civil and Defense Mobilization
Issued August 1959
[iii]
Contents
PREFACE
iii
I. DEFINITIONS
1
II. ASSUMPTIONS
3
III. RESPONSIBILITIES
3
IV. ORGANIZATIONS
7
V. FUNCTIONS FOR THE PROTECTION
OF LIFE AND PROPERTY
10
VI. FUNCTIONS FOR MOBILIZATION AND
MANAGEMENT OF RESOURCES
AND PRODUCTION
21
VII. SUPPORTING FUNCTIONS
27
[iv]
ANNEX 4
AUTHORITIES FOR
CIVIL DEFENSE AND DEFENSE
MOBILIZATION
I. Definitions
Generally, at the Federal level the legal basis for
undertaking the actions prescribed in The National Plan
for Civil Defense and Defense Mobilization derives from
authority vested in the President of the United States
by virtue of the Constitution and statutes of the United
States. The constitutions and statutes of the several
States and local charters and ordinances provide the
authority required to implement the Plan at the State
and local level. State and local authorities vary with
è
respect to comprehensiveness and adequacy.
Dwight
JOHNSON
841
Library
Certain of these authorities can be used only under
specific contingencies, such as those described in the
Planning Basis.¹
Civil defense and defense mobilization encompass
the entire field of nonmilitary defense as distinguished
from military defense, which is the function of the
Armed Forces. Civil defense and defense mobilization
together involve all preattack and postattack activities
undertaken to save lives, marshal the resources of the
1See Annex 1, Planning Basis. For example, only in general war would
the comprehensive powers contained in Title III of the Federal Civil De-
fense Act of 1950, as amended (50 USC App. 2291-2297), be invoked on a
nationwide basis. However, the priorities and allocations authority vested
in the President pursuant to the provisions of Title I of the Defense Pro-
duction Act of 1950, as amended (50 USC App. 2071-2073), might be exer-
cised in a limited war situation or a period of heightened tension if the cir-
cumstances were such that the required findings could be made.
[1]
Annex 4
Nation, mobilize production, stabilize the economy, con-
trol the distribution of goods and services, restore com-
munities, and repair industrial plants and facilities of
all kinds.
Civil defense is more specifically defined by statute:
The term "civil defense" means all those activities and
measures designed or undertaken (1) to minimize the effects
upon the civilian population caused or which would be caused
by an attack upon the United States, (2) to deal with the
immediate emergency conditions which would be created by
any such attack, and (3) to effectuate emergency repairs to,
or the emergency restoration of, vital utilities and facilities
destroyed or damaged by any such attack. Such term shall
include, but shall not be limited to, (A) measures to be taken
in preparation for anticipated attack (including the estab-
lishment of appropriate organizations, operational plans, and
supporting agreements; the recruitment and training of per-
sonnel; the conduct of research; the procurement and stock-
piling of necessary materials and supplies; the provision of
suitable warning systems; the construction or preparation of
shelters, shelter areas, and control centers; and, when appro-
priate, the non-military evacuation of civil population) ; (B)
measures to be taken during attack (including the enforce-
ment of passive defense regulations prescribed by duly
established military or civil authorities; the evacuation of per-
sonnel to shelter areas; the control of traffic and panic; and
the control and use of lighting and civil communications) ; and
(C) measures to be taken following attack (including activi-
ties for fire fighting; rescue, emergency medical, health and
sanitation services; monitoring for specific hazards of special
weapons; unexploded bomb reconnaissance; essential debris
clearance; emergency welfare measures; and immediately
essential emergency repair or restoration of damaged vital
facilities)²
²Federal Civil Defense Act of 1950, as amended, Sec. 3(b) (50 USC App.
2252 (b)).
[2]
Annex 4
II. Assumptions
While the National Plan is generally based upon
existing constitutional and statutory provisions, current
authority in some areas does not contemplate imple-
mentation of certain of the activities specified in the
Plan in the most efficient and expeditious manner. This
is especially true of some economic stabilization meas-
ures which it might be necessary to invoke in a situation
short of war.
Therefore, the Departments and Agencies of the
Federal Government, the States, and the localities will
continuously review existing authorities to determine
whether these provide an adequate legal basis for im-
plementing emergency plans and conducting the activi-
D.
ties prescribed in the National Plan. It is assumed that
1481mg
in the event such reviews disclose areas where existing
BUL
L
legal authorities are inadequate, proposed legislation
will be developed and introduced for consideration by
the appropriate legislative bodies at the various levels
of government.
III. Responsibilities
A. Federal
The President's authority and responsibility for
conducting civil defense and defense mobilization activ-
ities at the Federal level can be found primarily in what
³See, for example: Corwin, The President, Office and Powers, 4th Edition,
1957; Corwin and Koenig, The Presidency Today, 1956; Randall, Constitu-
tional Problems Under Lincoln, Revised Edition, 1951; Rossiter, The Supreme
Court and the Commander in Chief, 1951; Small, Some Presidential Interpre-
tations of the Presidency, 1932; The Powers of the President as Commander
in Chief of the Army and Navy of the United States, House Doc. No. 443,
84th Congress, 2d Session, 1956.
[3]
Annex 4
are often called the "war powers" of the Federal Gov-
ernment. It is not the purpose of this annex to discuss
this most comprehensive subject. Many excellent books
and articles have been written thereon.³
With regard to the President's authority to carry
out the "war powers" suffice it to say that he gathers
his powers in emergency not from one but from a va-
riety of sources. He relies upon Constitutional clauses
giving him authority to execute the laws and conduct
foreign relations. Other powers derive from his posi-
tion as Commander in Chief. Much authority comes
from the Congress in the form of statutory grants.⁴ In
discharging his civil defense and defense mobilization
responsibilities the President relies, therefore, upon
varied and scattered sources of authority.5
The Congress has, in one of the primary areas of
such emergency activity, specifically spelled out the re-
spective responsibilities of the Federal Government, the
States, and the localities. In regard to civil defense the
Congress stated:
It is the policy and intent of Congress to provide a
system of civil defense for the protection of life and property
in the United States from attack. It is further declared to be
the policy and intent of the Congress that the responsibility
for civil defense shall be vested jointly in the Federal Gov-
ernment and the several States and their political subdivi-
sions. The Federal Government shall provide necessary direc-
tion, coordination, and guidance; shall be responsible for the
operation of the Federal Civil Defense Administration [Office
⁴Koenig, The Presidency and the Crisis, 1944, p. 6.
In addition to the authorities discussed in this annex, there are a variety
of special emergency authorities, as well as general authorities (not necessarily
vested in the President), the exercise of which might be useful under emer-
gency conditions. These are not, however, specifically discussed in this annex.
[4]
Annex 4
of Civil and Defense Mobilization] as set forth in this Act;
and shall provide necessary assistance as herein authorized.6
There are four principal statutory enactments con-
cerning civil defense and defense mobilization. These
are the National Security Act of 1947,⁷ the Federal Civil
Defense Act of 1950;8 the Defense Production Act of
1950,9 and the Strategic and Critical Materials Stock
Piling Act. 10 All of these must be considered in the light
of Reorganization Plan No. 1 of 1958.¹¹
The constitutional responsibilities of the Federal
Government and these statutory authorities clearly in-
dicate the over-all responsibility which the Federal Gov-
ernment has for direction and coordination of the total
national civil defense and defense mobilization effort.
⁶Federal Civil Defense Act of 1950, as amended, Sec. 2 (50 USC App.
2251), as affected by Reorganization Plan No. 1 of 1958 and P.L. 85-763 (72
D.
Stat. 861).
Dwight
T61 Stat. 495-510; the provisions having application to civil defense and
defense mobilization are Sec. 101 (61 Stat. 496; 50 USC 402), and Secs. 103
841
and 303 (61 Stat. 499, 507; 50 USC 404, 405). These sections of the Act have
been amended but only in a technical manner. Hereafter citations will be to
the Act, as amended. Technical nonsubstantive amendatory citations will be
omitted from subsequent footnotes.
⁸64 Stat. 1245-1257; 50 USC App. 2251-2297; the Act has been amended
on several occasions. See Text of Federal Civil Defense Act, as Amended,
OCDM Advisory Bulletin 226, October 10, 1958, revised January 26, 1959,
for text with amendatory citations. Hereafter citations will be to the Act,
as amended.
⁹64 Stat. 798-822; 50 USC App. 2061-2166; the Act has been amended
on various occasions and certain authorities originally granted thereunder
have expired in accordance with its terms. Hereafter citations will be to the
Act, as amended.
10 53 Stat. 811-812; 50 USC 98-98h. The Act has been amended on various
occasions (citations omitted). Citations are to the Act, as amended.
¹¹⁷2 Stat. 1799; 23 FR 4991; 5 USC 133z-15 fn. The Plan has been
amended. See note 17, infra. Upon the taking effect of Reorganization Plan
No. 1 of 1958, all of the functions (except the function of the Director, ODM,
with respect to being a member of the National Security Council), which had
been vested by law in the Office of Defense Mobilization and the Federal Civil
Defense Administration and the respective heads thereof, were transferred
to the President. Such functions were subsequently delegated to the Director,
OCDM. See note 18, infra. Membership on the National Security Council
was transferred to the Director, OCDM.
[5]
Annex 4
B. State and Local
The sovereign authority of the States, as expressed
in their constitutions and their various emergency and
extraordinary statutory authorities, provide the basis
upon which the State governments and their political
subdivisions direct and coordinate appropriate civil de-
fense and defense mobilization activities. All States
have statutory enactments concerning civil defense;
however, these vary considerably. Most States have gen-
erally followed the Model State Civil Defense Act¹² in
enacting legislation concerning this subject. Therefore,
this annex will use the Model Act as a guide for discus-
sion of State authority.13
In some States¹⁴ there is specific statutory authority
for the conduct of various activities associated with
defense mobilization. However, the statutes of many of
the States are currently inadequate for full perform-
ance of a few of the functions assigned to the States
and localities by the National Plan. A comprehensive
review of existing State and local emergency authori-
The Drafting Committee of State Officials of the Council of State
Governments developed and endorsed the "Model State Civil Defense Act."
See Council of State Governments, Suggested State Legislation Program for
1949. This "Model Act" was reprinted in Suggested State Legislation Pro-
gram for 1951. The Committee suggested amendments in 1951, 1952, and 1953.
These are summarized in Suggested State Legislation Program for 1953; see
subsequent issues of that publication for other suggested legislation in con-
nection with civil defense.
13 OCDM has prepared a "Comparison of State Civil Defense Legislation,"
which constitutes a comprehensive compilation of current State statutes deal-
ing with the subject. In addition, the laws of each State have been compared
with the provisions of the Model State Civil Defense Act. Copies are available
from OCDM upon request.
¹⁴See, for example, the New York State Defense Emergency Act (Sec.
12), the Massachusetts civil defense laws (Mass. Laws Ann. V10, p. 247,
Sec. 7), and Section 8A of the Rhode Island Defense Emergency Act of 1950
(General Laws of Rhode Island, Sec. 30-15-14).
[6]
Annex 4
ties, looking toward the development of the necessary
legislative proposals which can be considered by appro-
priate legislative bodies, has been undertaken jointly by
the States and the Federal Government.
IV. Organizations
A. Federal
Prior to July 1, 1958 the two principal Agencies deal-
ing with nonmilitary defense were the Federal Civil De-
fense Administration (FCDA), created as an independ-
ent agency by the Federal Civil Defense Act, and the
Office of Defense Mobilization (ODM), established in
the Executive Office of the President by Reorganiza-
tion Plan No. 3 of 1953.¹
Reorganization Plan No. 1 of 1958 transferred to
the President all of the functions which were previously
The Dwight D.
vested by law in ODM and in FCDA or the respective
heads thereof.¹⁶ Since several other nonmilitary de-
fense functions already were vested in the President by
the Constitution and statutes, the result of the Reor-
ganization Plan was to place in the President the re-
sponsibilitity for all civil defense and defense mobiliza-
tion functions at the national level.
The Reorganization Plan also consolidated the two
Agencies into the new Office of Civil and Defense Mobil-
ization (OCDM),¹⁷ which was created as part of the
Executive Office of the President.
¹⁵67 Stat. 634; 18 FR 3375; 5 USC 133z-15 fn.
¹"Reorganization Plan No. 1 of 1958, Sec. 1 (a); but see note 11, supra.
¹⁷Ibid., Sec. 2(a). The Plan was "amended" by PL 85-763 (72 Stat. 861)
to change the name of the new Agency from "Office of Defense and Civilian
Mobilization" to "Office of Civil and Defense Mobilization."
[7]
Annex 4
By Executive order all of the functions transferred
to the President by the Reorganization Plan and the
functions previously vested in him and delegated to
ODM and FCDA were delegated to the Director of
OCDM.¹⁸
The Reorganization Plan, as implemented by the
Executive order, provides the legal basis by which the
Director of OCDM, acting for the President, directs,
manages, and coordinates the civil defense and defense
mobilization activities of the Federal Government.
Under special authority in the Reorganization Plan,
the President is empowered to delegate civil defense
and defense mobilization functions to the Departments
and Agencies of the Federal Government as nonmilitary
defense needs require.¹⁹
While all of the functions which previously had been
conducted by ODM and FCDA were by Executive order
delegated to the Director, OCDM, under the Reorgani-
zation Plan the performance of certain functions is as-
signed to other Federal Departments and Agencies. The
Director of OCDM will provide the necessary overall
supervision and coordination of functions so assigned
to insure that they will be carried out in accordance
with the provisions of the National Plan.20
¹⁸Executive Order 10773 of July 1, 1958 (23 FR 5061), as amended by
Executive Order 10782 of September 6, 1958 (23 FR 6971).
"Reorganization Plan No. 1 of 1958, Sec. (b).
2⁰See Annex 5, Federal Delegations and Assignments. The delegations
and assignments by FCDA and ODM existing on the effective date of Re-
organization Plan No. 1 of 1958 remain in effect until modified or rescinded.
See Section 8 of Executive Order 10773, as amended. Future delegations, and
assignments by the Director, may be pursuant to Section 2 of the Executive
order and Section 2(e) of Reorganization Plan No. 1 of 1958.
[8]
Annex 4
The Reorganization Plan provides for the estab-
lishment of OCDM Regional Offices, at the head of which
are Regional Directors.21 These Regional Directors, on
behalf of the Director who is acting for the President,
will coordinate and, where appropriate, direct the civil
defense and defense mobilization functions of all Fed-
eral Agency field stablishments and will maintain the
necessary coordin tion with, and in appropriate circum-
stances provide direction to, State and local civil defense
organizations.
B. State and Local
All States have established a civil defense organ-
ization which generally is under the supervision of a
D.
Director of civil defense. The Model Act provides that
the Governor retains general direction and control over
Dwight
BILL
Listery
the civil defense agency and directs the performance of
emergency functions within the regularly constituted
government structure. The departments and agencies
of the State are utilized by the Governor and the Civil
Defense Director in carrying out the civil defense func-
tions. In the event of disaster beyond local control, the
Governor is authorized to assume direct operational con-
trol over all or any parts of the civil defense organiza-
tions of the State.23
21 Reorganization Plan No. 1 of 1958, Sec. 3.
22 The National Plan for Civil Defense and Defense Mobilization, Part
IV, Section A, Subsections 4 and 5. See Annex 3 for discussion as to the
circumstances under which the Regional Director will "direct" functions of
Federal Agency field establishments.
23 Model State Civil Defense Act, Secs. 4, 6(a), 7(a), and 14. In some
States the title of the office varies.
[9]
Annex 4
The Model Act also authorizes and directs the crea-
tion of local organizations for civil defense, each of
which is headed by a Director who has direct responsi-
bility for local administration and emergency opera-
tions subject to the direction and control of the execu-
tive officer or the governing body of the political sub-
division involved. The Model Act authorizes the con-
duct by the local civil defense organization of functions
under mutual aid arrangements outside the territorial
jurisdiction of the political subdivision.
V. Functions for the Protection
of Life and Property
A. Continuity of Government
1. Federal
The line of succession to the Office of Presi-
dent includes 12 officials. 25 Lines of succession are
established pursuant to law for other key Federal
executive officials.26 The Federal judiciary has
24 Model State Civil Defense Act, Secs. 9 and 10. See also, the Model
Interstate Civil Defense and Disaster Compact, Council of State Govern-
ments, Suggested State Legislation Program for 1951.
U.S. Constitution, Article II, Section 1, clause 6, provides that in case of
the removal of the President from office, or of his death, resignation, or in-
ability to discharge the powers and duties of the said office, the same shall
devolve on the Vice President. Additional legislation in this area is authorized
by the Constitution. Congress has enacted a succession statute (3 USC 19).
Successors to the office after the Vice President are Speaker of the House of
Representatives, President pro tempore of the Senate, Secretary of State,
Secretary of the Treasury, Secretary of Defense, Attorney General, Post-
master General, Secretary of the Interior, Secretary of Agriculture, Secre-
tary of Commerce, and Secretary of Labor.
See, for example, 5 USC 4, 5, and 6. 5 USC 6 authorizes the President
to designate interim successors to department heads. This statute has been
implemented by Executive order. See, for example, Executive Order 10791 of
November 28, 1958 (23 FR 9307), which provides for succession to the Office
of Secretary of State; Executive Order 10820 of May 18, 1959 (24 FR 4045),
which provides for succession to the Office of Secretary of Defense; and Exec-
utive Order 10586 of January 13, 1955 (20 FR 361), which provides for
succession to the Office of Secretary of the Treasury.
[10]
Annex 4
established emergency plans designed to assure a
capability for its continued functioning during
periods of emergency. While currently lines of
succession for Federal legislative offices might ap-
pear to be inadequate (especially for the House of
Representatives) the necessary constitutional
amendment and statutes are being developed to
provide for a system of automatic succession
which would facilitate uninterrupted operation of
the Congress following attack.
Pursuant to the provisions of the National Se-
curity Act, the Federal Civil Defense Act, and
Executive Order 10346,27 Federal Departments
and Agencies have established relocation sites
from which emergency operations can be con-
ducted.
Dwight
Under a variety of specific statutory provi-
BUL
MIGHT
sions, including Reorganization Plan No. 1 of
1958, the Federal Civil Defense Act, the Defense
Production Act, and the general powers of the
President to supervise the conduct of functions
by the Executive Branch, including his constitu-
tional duty to take care that the laws be faith-
fully executed, there is adequate authority for a
system of records preservation and the implemen-
tation of plans designed to assure full utilization
of the resources of the Federal Government for
civil defense and defense mobilization.
27 Executive Order 10346 of April 17, 1952 (17 FR 3477), as amended.
28 See Reorganization Plan No. 1 of 1958, Secs. 1(b), 2(e), and 7. See
also, the Federal Civil Defense Act of 1950, as amended, Sec. 201 (b) (50 USC
App. 2281 Sec. 302 (50 USC App. 2292), Sec. 303 (c) (50 USC App.
2293 (c)), Sec. 401 (c) (50 USC App. 2253 (c)), and Sec. 405 (50 USC App.
2257), and the Defense Production Act of 1950, Sec. 304 (50 USC App.
2094), Sec. 703 (a) (50 USC App. 2153(a)), and Sec. 710(d) (50 USC App.
2160(d)).
[11]
Annex 4
2. State and Local Governments
All State constitutions make provision for
succession to the office of Governor.23 Statutory
provisions in many States provide for succession
to other offices.⁸⁰
The Council of State Governments has de-
veloped, for presentation to the States, suggested
legislation providing for the establishment of
lines of succession to legislative, executive, and
judicial offices at the State and local levels and
providing authority for the establishment of re-
location sites for the carrying on of emergency
government operations. Many States have adopt-
ed, or now are in the process of adopting, this
legislation in whole or in part. Federal financial
assistance is available to States to construct se-
cure emergency government control centers.³²
Suggested legislation to facilitate preservation of
essential records is being prepared.
The Model Act provides that the Governor
and the executive heads or governing bodies of
political subdivisions shall utilize to the maximum
the resources of all State and local agencies of
government.
33
20 For a listing of specific constitutional provisions, see Continuity of Gov-
ernment, Suggested State Legislation, 1959, OCDM, p. 123, fn 61.
30 Ibid., p. 100.
31 Suggested State Legislation Program for 1959, Council of State Govern-
ments. For a discussion of the legal problems involved in this legislation and
of existing provisions of law, see Continuity of Government, Suggested State
Legislation, 1959; note 29, supra.
32 This is accomplished pursuant to the provisions of Sec. 201 (i) of the
Federal Civil Defense Act of 1950, as amended (50 USC App. 2281 (i) See
OCDM Federal Contributions Manual, AM25-1, Chapter 14, for terms and
conditions governing this assistance.
³Model State Civil Defense Act, Sec. 14.
[12]
Annex 4
B. Public Information and Education
1. Federal
The Federal Civil Defense Act provides au-
thority to:
publicly disseminate appropriate civil defense informa-
tion by all appropriate means,³⁴ [and]
conduct or arrange, by contract or otherwise, for train-
ing progams for the instruction of civil defense officials
and other persons in the organization, operation, and
techniques of civil defense.³⁵
It also contains authority under which the Federal
Government can assist the States in their pro-
grams for public education and information.
2. State and Local
All States have adequate authority to conduct
DWISH The Eisenhowsr
public information and education programs and
accept the assistance offered by the Federal Gov-
ernment.³⁷
C. Reduction of Vulnerability
1. Federal
The legal authorities for the activities con-
nected with reduction of vulnerability are closely
allied with the authorities for the activities speci-
fied in Part VI, Sections A, B, and C of this annex
which are discussed more fully hereafter. The
Federal Civil Defense Act provides authority for
34 Sec. 201 (f) (50 USC App. 2281 (f)
35 Sec. 201 (e) (50 USC App. 2281 (e)
36 Sec. 201 (i) (50 USC App. 2281 (i) See OCDM Federal Contributions
Manual, AM25-1, Chapters 7 and 11.
See, for example, the Model State Civil Defense Act, Secs. 6 (c) (3) and
13 (b).
[13]
Annex 4
construction of shelter and procurement of pro-
tective devices³⁸ and for providing assistance to
the States and others in connection therewith.89
The Federal Government also assists the States
in connection with the development of a capability
for movement and reception of persons⁴⁰ and the
establishment of stockpiles of emergency sup-
plies and equipment."
Relative to the dispersal of production facili-
ties, the Defense Production Act provides:
In order to insure productive capacity in the event of such
an attack on the United States, it is the policy of the Con-
gress to encourage the geographical dispersal of the in-
dustrial facilities of the United States in the interest of
the national defense, and to discourage the concentration
of such productive facilities within limited geographical
areas which are vulnerable to attack by an enemy of the
United States. In the construction of any Government-
owned industrial facilities, in the rendition of any Gov-
ernment financial assistance for the construction, expan-
sion, or improvement of any industrial facilities, and in the
procurement of goods and services, under this or any
other Act, each department and agency of the Executive
38 Sec. 3 (b) (50 USC App. 2252 Sec. 201(h) (50 USC App. 2281
(h)), and Sec. 302 (50 USC App. 2292).
39 Sec. 201 (h) (50 USC App. 2281 (h)), Sec. 409 (50 USC App. 2261),
and Sec. 201(i) (50 USC App. 2281(i)). See also, OCDM Federal Contribu-
tions Manual, AM25-1, Chapter 8.
⁴Sec. (i) (50 USC App. 2281(i)). See also, OCDM Federal Con-
tributions Manual, AM25-1. Further, the Federal Government has assisted
the States in the development of Operational Survival Plans. These Plans
make detailed provisions, among other matters, for movement and reception.
The terms and conditions upon which OCDM has provided this assistance are
contained in OCDM Survival Plan Manual, M27-1, revised.
Sec. 201(i) (50 USC App. 2281(i)). See also, OCDM Federal Con-
tributions Manual, AM25-1.
[14]
Annex 4
Branch shall apply, under the co-ordination of the Office
of Defense Mobilization [Office of Civil and Defense Mo-
bilization], when practicable and consistent with existing
law and the desirability for maintaining a sound economy,
the principle of the geographical dispersal of such facil-
ities in the interest of national defense. Nothing con-
tained in this paragraph shall preclude the use of existing
industrial facilities.⁴²
The Defense Production Act also authorizes
activities and measures (including the develop-
ment of alternative production sources) designed
to facilitate the maintenance of the production
mobilization base.⁴³
2. State and Local
The civil defense legislation in most States
provides appropriate authority for the conduct by
141
State and local governments of programs con-
nected with reduction of vulnerability.44
D. Warning of Attack
1. Federal
The Federal Civil Defense Act authorizes the
Federal Government to make appropriate provi-
sion for necessary civil defense communications
and for dissemination of warnings of enemy at-
⁴Sec. 2 (50 USC App. 2062), as affected by Reorganization Plan No. 1
of 1958 and PL 85-763 (72 Stat. 861). See also, the National Security Act
of 1947, as amended (50 USC 404); DMO I-19 of January 3, 1956 (32A CFR
CH 1, DMO I-19; 21 FR 270); and Department of Defense Directive 5220.5
of November 17, 1955.
⁴³Secs. 301-304 (50 USC App. 2091-2094).
See, for example, the Model State Civil Defense Act, Secs. 3 (a), 6(c)
(2), 6(c) (3), 6(c) (4), 6(c) (8), and 7(d).
[ [15]
Annex 4
tacks to the civilian population⁴⁵ and to furnish
financial assistance to the States and cities in con-
nection with their development of attack warn-
ing systems.⁴⁶
2. State and Local
All States have authority for State and local
governments to conduct necessary activities rela-
tive to dissemination of attack warning informa-
tion.⁴⁷
E. Preparations for Damage Assessment
1. Federal
There is adequate authority in the National
Security Act⁴⁸ and in the Federal Civil Defense
Act⁴⁹ for the development of damage assessment
systems and procurement of the equipment and
facilities necessary to make such systems opera-
tional.50
2. State and Local
The Model Act provides authority for the
States to develop damage assessment systems
Sec. 201 (c) (50 USC App. 2281 (c)
⁴⁶Sec. 201 (i) (50 USC App. 2281 (i) See also, OCDM Federal Con-
tributions Manual, AM25-1, Chapter 5.
See, for example, the Model State Civil Defense Act, Secs. 3(a), 6(c)
(2), and 6(c) (8).
4850 USC 404.
⁴⁹Sec. 201 (a), (d) (50 USC App. 2281 (a), (d)) and Sec. 3 (b) (50 USC
App. 2252 (b)
5°See, for example, Sec. 201 (h) (50 USC App. 2281 (h)
[16]
Annex 4
necessary to the emergency government opera-
tion at the State and local level. 51
F. Communications
1. Federal
Comprehensive authority is granted in the
Federal Civil Defense Act⁵² and the Communica-
tions Act of 1934, as amended53 for the Federal
Government to establish and maintain secure
communications systems within and among Fed-
eral Agencies and between the Federal Govern-
ment and the States and to exercise emergency
powers (including establishment of priorities for
use) in order to insure that the fullest use, con-
sistent with military needs, will be made of all
a
communications resources for civil defense and
Dwight
defense mobilization purposes. This includes au-
841
thority for Federal activities in connection with
RACES and CONELRAD.
2. State and Local
Adequate authority exists at the State and
local level for the development of communica-
tions systems for emergency use by the States
and local governments.
51 Model State Civil Defense Act, Secs. 3(a), 6(c) (2), 6(c) (3), and 6(c)
(4).
⁵Sec. (3b) (50 USC App. 2252(b) and Secs. 201 (c) and (h) (50 USC
App. 2281 (c), (h)).
5347 USC 305 and 606. See Executive Order 10312 of December 10, 1951
(16 FR 12452), as amended; Executive Order 10460 of June 16, 1953 (18
FR 3513), as amended; Executive Order 10705 of April 17, 1957 (22 FR
2729), as amended; and DMO IX-4, dated November 6, 1958 (23 FR 9027).
54 For example, see the Model State Civil Defense Act, Secs. 3 (a), 6(c) (2),
6(c) (3), and 6(c) (8).
[17]
Annex 4
G. Maintenance of Government, Law and Order
1. Federal
The broad powers and responsibilities vested
in the Federal Government by Article IV, Section
4 of the Constitution, together with the right of
government to take those actions which are neces-
sary to protect itself and conduct war, as well as
the comprehensive congressional definition of
"civil defense activities,"55 provide the basis upon
which the Federal Government can take neces-
sary actions in relation to guaranteeing the main-
tenance of the essential functions of government,
including the maintenance of law and order.
As Commander in Chief and Chief Executive,
the President is empowered, indeed obliged, to
preserve the peace of the United States against
domestic violence and alien attack. The mandates
of the Constitution, a procession of statutes dat-
ing back to 1792, and the practice of chief execu-
tives in periods of emergency throughout our his-
tory have combined to place in the keeping of the
President a very wide discretion in employing the
Armed Forces to execute the laws and defend the
Nation.
56
55See Federal Civil Defense Act of 1950, as amended, Sec. 2(b) (50 USC
App. 2252 (b)). As previously noted it is not the purpose of this annex to
discuss the broad constitutional principles underlying civil defense and de-
fense mobilization. These, however, are the basis for many of the actions set
forth in the section of the National Plan dealing with the maintenance of
government and law and order. With respect to military assistance, see Annex
7, Role of the Military, and Department of Defense Directive 3025.1 of July
14, 1956.
⁵⁶See Rossiter, The Supreme Court and the Commander-in-Chief, p. 11.
[18]
Annex 4
2. State and Local
The "police power" of the States⁵⁷ and the
Model Act,58 as well as various State constitutions,
provide appropriate authority for activities in
connection with the maintenance of government
and law and order.
H. Disaster Services
1. Federal
The Federal Government, under the Federal
Civil Defense Act, has comprehensive authority
to provide necessary disaster services and to fur-
nish financial and technical assistance to the
States.⁶⁹
à
2. State and Local
DIMBER
BUL
SIGNATURE
Under the Model Act, States are fully author-
ized to accumulate the necessary supplies and
equipment and train personnel required to con-
duct disaster services. In event of enemy attack
the Model Act authorizes State and local govern-
ments to exercise extraordinary authority, in-
cluding requisitioning, to obtain these supplies
and equipment. The Model Act waives the neces-
sity for a license to practice a profession when an
57 For a discussion of the concept that civil defense at the State and local
level is based upon the police power of the States, see People V. City of Chi-
cago, 413 Ill. 83, 108 N.E. 2d 16 (1952). The scope of the police power is
not within the purview of this annex. However, there would appear to be no
reason why many of the actions contemplated would not be within the police
power. It is based on the ancient maxim "salus populi suprema lex" ("the
safety of the people is the supreme law"). The whole National Plan deals
essentially with the safety of the people.
5ˢModel State Civil Defense Act, Secs. 3(a), 6(c) (1), 7(a), 7(f), 19,
and 20.
"See in particular Secs. 302 and 303 (50 USC App. 2292, 2293).
[19]
Annex 4
authorized civil defense worker in performing his
duties engages in professional practice. All dis-
aster services are within the comprehensive
meaning of civil defense as defined in the Model
Act. The Model Act provides authority for the
States and local governments to use the necessary
emergency procedures outlined and specified in
the National Plan.⁶⁰
I. Emergency Protection From Delayed or Unconventional
Weapons Effects
The measures prescribed by the National Plan in
connection with clandestine and unexploded ordnance
and biological, chemical, and radiological defense, in-
cluding protection measures, are carried out pursuant
to the provisions of the Federal Civil Defense Act,⁶¹ the
Atomic Energy Act,62 the basic investigative authorities
of the Federal Bureau of Investigation, and the Model
Act.⁶⁴
60 Model State Civil Defense Act, Secs. 3 (a), 6(c) (2), 6(c) (3), 6(c) (5),
6(c) (8), 7, 8, 9, 10, 11 (b), 13, and 14. See also the Model Interstate Civil
Defense and Disaster Compact.
The definition of "civil defense" as set out in Sec. 3 (b) of the Act (50
USC App. 2252 (b)) includes unexploded bomb reconnaissance and moni-
toring for the hazards of special weapons.
⁶²42 USC 2011-2281. See in particular 42 USC 2077, 2122, 2131, and
2271-2281.
⁶Sec. 411 of the Federal Civil Defense Act of 1950, as amended (50 USC
App. 2263) provides that nothing in the Act shall be construed to authorize
investigations of espionage, sabotage, or subversive acts by other than per-
sonnel of the Federal Bureau of Investigation. This organization carries out
investigations of possible violations of such statutes as the Espionage and
Sabotage Act of 1954 (18 USC 2151-2156) pursuant to such statutes as 5
USC 300. The Federal Bureau of Investigation also has specific functions
under the Atomic Energy Act (See 42 USC 2271 (b)
⁶⁴Model State Civil Defense Act, Sec. 3 (a).
[ 20 ]
Annex 4
VI. Functions for Mobilization and
Management of Resources and Production
A. Development and Maintenance of Essential Resources
1. Federal
The National Security Act⁶⁵ provides a broad
base upon which the Director advises the Presi-
dent concerning measures to be taken to assure
the existence and availability of resources neces-
sary for expanding, maintaining, or restoring
production and distribution facilities essential to
civil defense and defense mobilization.
The Strategic and Critical Materials Stock
D.
Piling Act provides the principal statutory au-
Dwight
thority for activities in connection with the main-
841
Lighter
tenance of the stockpiles of materials necessary
for production in event of attack as well as the
actions taken to assure that these will be ready
for use in event of emergency.66
The Defense Production Act provides an ade-
quate basis upon which the Federal Government
can conduct programs relating to preallocation of
65 50 USC 404.
66 50 USC 98-98h. However, there are many allied authorities. In this
connection see 7 USC 1704(b), 7 USC 1743 (a) (2), 7 USC 1856(a), and
15 USC 714 (b) (h) which relate to the use of surplus agricultural farm com-
modities in connection with obtaining strategic and critical materials. See
also, Executive Order 10560 of September 9, 1954 (19 FR 5927), as amended,
and Executive Order 10575 of November 6, 1954 (19 FR 7249), as amended.
And see 40 USC 485(f), which concerns the use of surplus property in this
connection. Executive Order 10638 of October 10, 1955 (20 FR 7637), as
amended, deals with release of material from the stockpile in event of attack.
[21]
Annex 4
emergency production and distribution contracts,
development of substitutes for essential resources
unavailable from domestic sources, development
of original domestic sources for essential re-
sources, and expansion of existing productive
capacity and the production and supply of mate-
rials and facilities essential to production and dis-
tribution.67
Under the Trade Agreements Extension
Act of 1958, authority is given to the President to
control imports from foreign areas if such im-
ports threaten to impair the national security.68
Under the authority of the Export Control Act of
1949, the President may control exports.69
2. State and Local
The Model Act provides authority to stockpile
emergency supplies and equipment necessary for
civil defense purposes.⁷⁰ Under the Federal Civil
Defense Act, the Federal Government provides
necssary financial assistance to the States for the
development and maintenance by the States of
necessary stocks of survival resources.⁷¹
⁶⁷Defense Production Act, Secs. 101 (50 USC App. 2071) and 301-304
(50 USC App. 2091-2094); Executive Order 10480 of August 14, 1953 (18
FR 4939), as amended by Executive Order 10489 (18 FR 6201), Executive
Order 10537 (19 FR 3807), Executive Order 10574 (19 FR 7249), Execu-
tive Order 10662 (21 FR 1673), Executive Order 10773 (23 FR 5061), and
Executive Order 10782 (23 FR 6971).
⁶PL 85-686, Sec. 8 (a) (72 Stat. 678; 19 USC 1352 (a) See OCDM Reg.
4 (24 FR 364), as amended.
69 50 USC App. 2021-2032.
70 Model State Civil Defense Act, Secs. 6 (c) (3), and 9(b).
71 Sec. 201 (i) (50 USC App. 2281 (i) See also, OCDM Federal Con-
tributions Manual, AM25-1.
[22]
Annex 4
B. Reserves of Consumer End Products
Under the Federal Civil Defense Act, the Fed-
eral Government can accumulate stocks of neces-
sary consumer end products which might be unavail-
able in case of emergency.⁷²
C. Protection of the National Industrial Plant
Pursuant to the provisions of the National Se-
curity Act, the Federal Civil Defense Act, and the
Defense Production Act, the Federal Government, in
accordance with Executive Order 10421,73 conducts
programs connected with physical protection of the
national industrial plant. Under the Defense Pro-
a
duction Act, the Federal Government encourages
dispersal of industrial facilities.⁷⁴ Authority for vol-
841
L
untary agreements in connection with the exchange
of resources by industry is contained in the Defense
Production Act.⁷⁵
D. Preparations for Resources Mobilization and Management
Under the broad authorities granted by the Na-
tional Security Act, the Defense Production Act, the
Federal Civil Defense Act, and the Strategic and
Critical Stock Piling Act, the Federal Government
is developing the plans necessary to implement the
72 Sec. 201 (h) (50 USC App. 2281 (h) See also, the Strategic and
Critical Materials Stock Piling Act (50 USC 98-98h).
"Executive Order 10421 of December 31, 1952 (18 FR 57), as amended.
⁷⁴Sec. 2 (50 USC App. 2062). See note 42, supra.
75Sec. 708 (50 USC App. 2158).
[23]
Annex 4
programs contained in the National Plan for emerg-
ency control of the economy and the mobilization
and management of all essential resources.
E. Exercise of Authority and Controls
The existing legal authorities in this area are
not as comprehensive as they might be for the ef-
fective implementation of some of the programs be-
ing developed under certain contingencies specified
in the National Plan. In the event of attack upon
the United States there is adequate authority in the
Federal Government to implement such control
measures as might be found necessary to the suc-
cessful prosecution of the war; however, implemen-
tation of certain of the planned control measures in
a situation short of war would undoubtedly require
statutory authority in addition to that which pres-
ently exists.
There is currently emergency authority under
the Federal Civil Defense Act for the expeditious
construction and modification of facilities and for
the requisitioning or condemnation of real and per-
sonal property without regard to the limitation of
any existing law.⁷⁶ There is authority to sell, lease,
lend, transfer, or deliver materials or perform serv-
ices for civil defense purposes without regard to the
limitations of existing law.⁷⁷ Under authority con-
tained in the Defense Production Act, materials and
⁷Sec. 303 (a) (50 USC App. 2293 (a)
"Sec. 303 (b) (50 USC App. 2293 (b)
[24]
Annex 4
facilities may be allocated and the unwarranted ac-
cumulation of property can be prohibited. 78 Proposed
"standby" legislation is being developed which
would authorize implementation of certain specific
control measures contemplated by the National
Plan.79
F. Management of Resources After Attack on the Continental
United States
In accordance with the responsibilities specified
in the National Plan, State and local governments
are to provide for the accumulation, control, and
distribution of goods and services. With a few ex-
ceptions it would appear that currently there is not
adequate statutory authority at the State and local
D.
level to take some of the actions contemplated; how-
ever, the general police powers available to the
BUL
Vergin
States and localities would probably be considered
adequate to support such actions following an at-
tack upon the United States.80
Under the Federal Civil Defense Act the Di-
rector is empowered, after direction by the Presi-
dent, to direct and coordinate the relief activities of
the Federal Agencies, and in doing so, to utilize the
services, facilities, and resources of the Federal Gov-
ernment in aid of the States. The Federal resources,
facilities, and services are to be SO utilized after the
78Secs. 101-102 (50 USC App. 2071-2072).
79 At the State level such legislation may be developed by the Council of
State Governments. See also, note 14, supra.
8°See notes 15 and 57, supra. See also, the Model State Civil Defense
Act, Secs. 7(b) and 7(c) and the Model Interstate Civil Defense and Disaster
Compact.
[25]
Annex 4
military requirements of the Department of De-
fense and the requirements of other Departments
and Agencies in support of their essential functions
have been taken into account.81
G. Management of Facilities After Attack on the Continental
United States
1. Federal
The Defense Production Act, the National
Security Act, the Strategic and Critical Stock Pil-
ing Act, and the Federal Civil Defense Act pro-
vide authority for the Federal Government to
undertake the activities described in the National
Plan relating to management of facilities after
attack.
2. State and Local
Under the Model Act, specific authority is
granted by which State and local officials are au-
thorized to invoke extraordinary measures to in-
sure immediate repair and restoration of vital
facilities. 82 Pursuant to the Federal Civil Defense
Act⁸⁸ most of the States have entered into Inter-
state Civil Defense and Disaster Compacts. These
compacts provide for mutual assistance and co-
operation in the event of attack.' 84
81 Sec. 303 (c) (50 USC App. 2293 (c)). See also, Sec. 302 (50 USC App.
2292).
⁸²Model State Civil Defense Act, Secs. 7(b), 7(c), 7(f), and 9.
83 Sec. 201 (g) (50 USC App. 2281 (g)
84 Forty (40) States including Hawaii have one or more interstate civil de-
fense and disaster compacts in effect. Eight (8) additional States have au-
thority to compact but have not filed with Congress. Only one State has no
specific statutory authority in this area. (Alaska is not included herein.) See
FCDA Annual Statistical Report, 1958. See also, Interstate Compacts 1783-
1956, The Council of State Governments, 1956.
[ 26]
Annex 4
VII. Supporting Functions
A. Research and Development
1. Federal
Adequate authority is provided by the Fed-
eral Civil Defense Act and the Defense Produc-
tion Act to conduct appropriate research activi-
ties.⁸⁵ In addition the former Act provides author-
ity to make financial contributions to the States
for the purpose of conducting research.86
2. State and Local
The Model Act specifically provides for the
conduct by the States of research, surveys, and
studies for necessary civil defense purposes.⁸⁷
The Dwight D.
B. Training and Education
1. Federal
The Federal Civil Defense Act makes specific
provision not only for the dissemination of public
information® but also for the conduct by the Fed-
eral Government of training and education pro-
grams.⁸⁹ The Act also provides for financial con-
tributions and technical assistance to the States
85 See Federal Civil Defense Act, Sec. 201 (d) (50 USC App. 2281 (d)
and Defense Production Act, Secs. 302-303 (50 USC App. 2092-2093).
S⁶Sec. 201 (i) (50 USC App. 2281 (i)). See also, OCDM Federal Con-
tributions Manual, AM25-1.
87 Model State Civil Defense Act, Sec. 6 (c) (2) and 6(c) (4).
88 Sec. 201 (f) (50 USC App. 2281 (f)
89 Sec. 201 (e) (50 USC App. 2281 (e)
[27]
Annex 4
and the political subdivisions for their training
and education activities.90
2. State and Local
The Model Act provides authority for the
States to conduct the required training and edu-
cation programs.⁹¹
C. Federal Assistance
1. Federal
The Federal Civil Defense Act authorizes the
Federal Government to provide financial assist-
ance to the States and cities upon the basis of fed-
erally approved programs and projects.⁹² Such
financial assistance includes contributions to-
ward State and local civil defense personnel and
administrative costs.⁹³ The Act also provides for
payment of travel expenses and per diem allow-
ances for students attending federally conducted
or operated civil defense schools or courses.⁹⁴ All
of the foregoing assistance is limited to one-half
of the cost involved.
Federal personal property of nearly every
type and kind, surplus to the needs of the Federal
⁹⁰Sec. 201 (i) (50 USC App. 2281(i)). See also, OCDM Federal Con-
tributions Manual, AM25-1, Chapters 7-11.
91 Model State Civil Defense Act, Sec. 6 (c) (3).
92 Sec. 201 (i) (50 USC App. 2281 (i)
93 Sec. 205 (50 USC App. 2286.) See also, OCDM Manual, AM25-2, Con-
tributions For Civil Defense Personnel and Administrative Expenses.
⁹⁴Sec. 201 (e) (50 USC App. 2281 (e)
[28]
Annex 4
Government, is available for donation to the
States for civil defense purposes.95
The Internal Revenue Code authorizes cer-
tain deductions, for Federal Income Tax pur-
poses, for civil defense expenses. These include
out-of-pocket expenses incurred by individuals in
connection with the performance of civil defense
activities. Expenses actually incurred by busi-
nesses in connection with civil defense activities
or functions are authorized deductions in the
same manner as ordinary and necessary business
expenses.96
The National Housing Act authorizes Fed-
Dwight
eral guarantees and loans for repair, alteration,
our
and improvements on real property on such terms
and conditions as the Federal Housing Admin-
istrator may prescribe.⁹⁷ This includes loans for
the cost of constructing shelters or making alter-
ations to provide protection in, or connected with,
existing dwellings.
Under the Defense Production Act, the Fed-
eral Government may make provision for loans
9540 USC 484(j), (n). See also, FCDA Advisory Bulletin No. 202, re-
vised October 1957, and Supplements Nos. 1 and 2 thereto and Manual
M6-2, FCDA Surplus Property.
⁹⁶Internal Revenue Code of 1954, Sec. 170 (26 USC 170). This section
of the Code deals with charitable contributions. Contributions of money,
equipment, or materials made to governments for public purposes (including
civil defense) are contributions made to organizations for which a deduction is
allowed (Secs. 170(a) (1), (c) (1)). See Rev. Rule 56-509, I.R.B. 1956-42, 11.
See also, OCDM Advisory Bulletin No. 235, dated May 22, 1959.
⁹⁷12 USC 1703. See also, OCDM Information Bulletin No. 100, dated
July 10, 1959.
[29]
Annex 4
(including participations in, or guarantees of,
loans) to private businesses if such are neces-
sary to expedite production and deliveries or serv-
ices to aid in carrying out Government contracts
for the procurement of materials or the perform-
ance of services for the national defense (includ-
ing civil defense).' 98
Under a special provision of the Internal
Revenue Code, rapid tax amortization certifica-
tions may be granted in certain situations if there
is compliance with the specific requirements of
the provisions of the Code.99
2. State and Local
Under the Model Act, States and political sub-
divisions are authorized to accept financial as-
sistance provided by the Federal Government. 100
D. Review, Tests and Inspections
The National Security Act and the Federal Civil
Defense Act provide the authority for the review of
the emergency plans of the Federal Agencies and
of the States and their political subdivisions.¹⁰¹
98 Secs. 301-304 (50 USC App. 2091-2094). See Comptroller General
Opinion, B-134339, dated December 18, 1957.
99 Internal Revenue Code of 1954, Sec. 168(e), (g) (26 USC 168 (e), (g))
See also, Executive Order 10480 of August 14, 1953 (18 FR 4939), as
amended, and ODM Reg. 1A, dated February 26, 1958 (23 FR 1549).
100 Model State Civil Defense Act, Sec. 13 (b).
101 National Security Act (50 USC 404) and Federal Civil Defense Act,
Secs. 201 (a), (b) (50 USC App. 2281(a), (b)).
[30]
Annex 4
Authority is similarly provided for the conduct of
necessary tests and inspections¹⁰² to insure that all
emergency plans and activities of government are
formulated and carried out in accordance with the
National Plan and the provisions of applicable laws
and regulations.
¹⁰²See Executive Order 10346 of April 17, 1952 (17 FR 3477), as
amended.
a Library OUL
[31]
*U. S. GOVERNMENT PRINTING OFFICE : 1959 O - 519783
THE NATIONAL PLAN
for
Civil Defense and Defense Mobilization
Annex 5
FEDERAL DELEGATIONS
AND ASSIGNMENTS
D.
Dwight
BUL
Executive Office of the President
OFFICE OF CIVIL AND DEFENSE MOBILIZATION
ПАЙОГТА! THT
when
3223933
Preface
This annex supports and amplifies the National
Plan for Civil Defense and Defense Mobilization, par-
ticularly Part IV, Section A, Organization of the Federal
Government. It states the basis for making emergency
planning and preparedness assignments to departments
and agencies of the Federal Government and indicates
the type of assignments proposed for each.
Before the establishment of the Office of Civil and
Defense Mobilization (under Reorganization Plan No.
1 of 1958), certain civil defense and defense mobiliza-
tion responsibilities had been assigned to other Federal
agencies by the Federal Civil Defense Administration
through "delegations" and by the Office of Defense
Mobilization through certain "defense mobilization
orders." These and other responsibilities are now
assigned through "emergency preparedness orders" or
letters from the Director, OCDM, in order to provide
for the utilization in an emergency of the staff and
a
resources of the entire Executive Branch of the Federal
Dwight
Government. (The commonly used words "delegations"
BUL
and "assignments" can be employed interchangeably,
although "delegations" more properly refers to the
emergency preparedness orders, and "assignments" is
more specifically equated with the functions stipulated
by the orders or letters.)
Each emergency preparedness order is to be pub-
lished in the Federal Register and also issued as an
appendix to this annex. These assignment documents
[iii]
are subject to refinement and amendment as the full
nature of the Federal Government's emergency organi-
zation is developed.
The annex is published in looseleaf form in order
that pages may be added or replaced easily whenever
revisions are made.
Ce a / Saugh
Director
Office of Civil and Defense Mobilization
Issued January 1961
[ iv ]
Contents
Page
PREFACE
iii
I. AUTHORITY
1
II. ASSUMPTIONS
2
III. KINDS OF ASSIGNMENTS
2
IV. EMERGENCY PREPAREDNESS ORDERS
4
V. USE OF OTHER AGENCIES
6
VI. REDELEGATIONS
6
The Lighter Dwight 0.
[v]
ANNEX 5
FEDERAL DELEGATIONS AND
ASSIGNMENTS
I. Authority
The assignments indicated in this annex and issued
as appendixes to it are made in accordance with Execu-
tive Order 10902, Providing for the Issuance of Emer-
gency Preparedness Orders by the Director of the Office
of Civil and Defense Mobilization. This Executive
order, signed by the President on January 9, 1961, reads
as follows:
By virtue of the authority vested in me by the
provisions of Reorganization Plan No. 1 of 1958 (72 Stat.
1799), the Defense Production Act of 1950, as amended
(50 U.S.C. App. 2061 et seq.), and section 301 of title
3 of the United States Code, and as President of the United
States, it is hereby ordered as follows:
Section 1. In connection with carrying out the
functions delegated or otherwise assigned to him by the
provisions of Executive Order No. 10773 of July 1, 1958,
as amended by Executive Order No. 10782 of September
6, 1958, or by the provisions of other orders thereby
D.
amended, the Director of the Office of Civil and Defense
Mobilization shall establish a series of civil-defense and
Dwight
defense-mobilization planning assignments which (1)
The
shall be known as "Emergency Preparedness Orders,"
(2) shall, so far as practicable, be of uniform character,
and (3) shall be designed to provide for the development
of civil-defense and defense-mobilization plans and pro-
grams by the several departments and agencies of the
executive branch of the Government to meet all condi-
tions of national emergency, including attack upon the
United States.
1See also Executive Order 10773, as amended, and Annex 4,
Authorities for Civil Defense and Defense Mobilization, particularly
Section IV. A.
[1]
Annex 5
Section 2. The head of each department and agency
assigned civil-defense and defense-mobilization functions
by the Director of the Office of Civil and Defense Mobili-
zation in consonance with the provisions of section 1 of
this order shall develop the plans and programs there
referred to under the policy direction and central program
control of the Director of the Office of Civil and Defense
Mobilization.
Section 3. Nothing in this order or in the National
Plan for civil defense and defense mobilization shall be
construed as conferring authority to put into effect any
plan, procedure, policy, program, or other course of action
prepared or developed pursuant to this order or the
National Plan.
II. Assumptions
A. While it is impossible to predict the precise
nature of the Federal organization required after a
massive enemy attack, it must be assumed that all Fed-
eral resources will be required to cope with the emer-
gency. For nonmilitary purposes the civilian agencies
of government-Federal, State, and local-must pre-
pare to concentrate their resources especially on lead-
ership in saving lives and property in an emergency,
distribution of basic supplies required for survival,
control of resources, restoration of vital public utilities,
and production of essential commodities.
B. Every agency of government must know in
advance the nature of its emergency status in order to
develop a state of readiness through current planning,
organization, and training.
III. Kinds of Assignments
A. Each order assigns certain functions to an
agency to be exercised during emergency. These func-
tions assigned to the several agencies for the current
2See Annex 1, Planning Basis.
³See Annex 3, Organization for Civil Defense and Defense Mobiliza-
tion, and Annex 6, Federal Emergency Plans and Procedures.
[2]
Annex 5
period are planning and preparedness activities. The
orders do not carry specific new authority to act in an
emergency, but all provide that emergency plans and
programs be developed as an integral part of the
continuing activities of the agencies which would be
responsible for such programs in an emergency. Some
operations currently being carried out under authority
of other Executive orders or statutes are closely related
to the planning and preparedness activities of the
agencies involved; in most cases these operations are
reflected in the preparedness assignments and are con-
sistent with them.
B. Each order is independent and outlines the
entire preparedness program of the agency. Yet there
are many similarities. Some assignments, contained
in each order, are common to all agencies having any
civil defense or defense mobilization responsibilities
but are carried out independently; the principal com-
mon assignments provide for:
1. Continuity of the agency, both in Washington
and in the field, including lines of succession,
readiness of relocation sites, preservation of
essential records, and availability of an Execu-
tive Reserve.
D.
2. Determination and assessment of the effects of
attack on resources assigned to the agency.
SHA
3. Establishment of working relations at the field
level with other Federal agencies and with State
and local officials, including the use by the State
of Federal resources not needed for Federal
operations.
4. Guidance to those industries, businesses, insti-
tutions, or associations which come within the
[3]
Annex 5
agency's normal area of influence, with regard
to security, self-protection, and participation in
local survival plans.
5. Development of an understanding by the perti-
nent industries or other groups, as well as the
public generally, of the agency's role in an
emergency.
C. Other assignments (such as those for produc-
tion and distribution) are similar for a group of agen-
cies but concern different resources; in general these
involve close coordination. "Horizontal" assignments
such as those pertaining to manpower, transportation,
communications, stabilization, and public works require
a high degree of coordination among several agencies.
IV. Emergency Preparedness Orders
A. Emergency preparedness orders are proposed
for the following categories of agencies:
1. Departments with Cabinet status.
2. Agencies with current defense roles.
3. Agencies with general Federal service func-
tions.
4. Agencies with primary preparedness responsi-
bilities. These agencies will provide the basis
for emergency organizations.
5. Agencies with major support responsibilities,
segments of which will be incorporated into new
wartime agencies such as those required for
stabilization, transportation, communications,
or reconstruction.
6. Agencies with other supporting roles.
B. Emergency preparedness orders are to be issued
by the Director, OCDM, to the following departments
and agencies and incorporated as appendixes to this
annex:
[4]
Annex 5
1. Department of State
19. Federal Power
2. Department of the
Commission
Treasury
20. Federal Reserve
3. Department of
System (Board of
Defense
Governors)
4. Department of
21. General Services
Justice
Administration
5. Post Office
22. Housing and Home
Department
Finance Agency
6. Department of the
23. Interstate Commerce
Interior
Commission
7. Department of
24. National Aeronautics
Agriculture
and Space
8. Department of
Administration
Commerce
25. National Science
9. Department of Labor
Foundation
10. Department of Health,
26. Railroad Retirement
Education, and
Board
Welfare
27. Securities and
11. Atomic Energy
Exchange
Commission
Commission
12. Civil Aeronautics
28. Selective Service
Board
System
13. Export-Import Bank
29. Small Business
14. Farm Credit
Administration
Administration
30. Tennessee Valley
a
15. Federal Aviation
Authority
DIMITE
Agency
31. United States Civil
NEL
16. Federal Communica-
Service
tions Commission
Commission
17. Federal Deposit
32. United States
Insurance
Information
Corporation
Agency
18. Federal Home Loan
33. Veterans
Bank Board
Administration
[5]
Annex 5
V. Use of Other Agencies
Assignments to agencies within the Executive
Office of the President are self-evident and will not be
published as appendixes to this annex. Other agencies
not listed above will have no emergency preparedness
assignments as agencies. They are being requested by
letter from the Director, OCDM, to plan for a tempo-
rary suspension of such of their normal peacetime
functions as would be impractical to administer for a
substantial period following enemy attack, in order
that their resources may be reassigned to emergency
missions.
VI. Redelegations
Each emergency preparedness order includes the
general provision that, in carrying out the functions
outlined, the head of the agency may reassign any por-
tion to appropriate officials within his own agency or
in other agencies. This provision is included to permit
an agency with primary responsibility to include those
elements of other agencies which are in a position to
contribute to a total readiness posture.
GPO 806761-1
[6]
THE NATIONAL PLAN
for
Civil Defense and Defense Mobilization
Annex 6
FEDERAL EMERGENCY
PLANS AND PROCEDURES
THE
0. Library 841
Executive Office of the President
OFFICE OF CIVIL AND DEFENSE MOBILIZATION
LIFE 23/02/11 ЫУИ
Preface
This annex supports and amplifies the National
Plan for Civil Defense and Defense Mobilization, par-
ticularly Part III, Responsibilities, and Part IV, Organ-
ization, as they pertain to the Federal Government. It
states the responsibilities, objectives, and actions
required for the development of complete Federal
emergency plans and procedures for civil defense and
defense mobilization.
While the annex is concerned solely with the
Federal Government, it is of value to the States and
their political subdivisions not only as indicative of
Federal emergency Standard Operating Procedure
(SOP) but also as applicable to similar State and local
planning.
Auxiliary documents will be issued as necessary
and will be subordinate to and compatible with this
annex and the National Plan. These will include emer-
gency action documents for implementing such plans
and procedures. Although certain of the plans and
procedures developed pursuant to this annex will be
classified, the annex and its appendixes will be main-
tained in an unclassified form.
The annex is published in looseleaf form in order
that pages may be added or replaced easily whenever
revisions are made.
The Dwight
leon Hough
Director
Office of Civil and Defense Mobilization
Issued June 1960
[iii]
Contents
Page
PREFACE
iii
I. DEFINITION
1
II. ASSUMPTION
1
III. GENERAL RESPONSIBILITIES
2
IV. FUNCTIONS
3
A. Personnel Protection and Relocation
3
B. Operational Readiness Planning
5
C. Organization, Staffing, Training,
and Equipment
6
D. Assignment of Personnel and
Resources to Other Functions
6
V. EXECUTION
8
A. Office of Civil and Defense
Mobilization
8
B. Other Federal Agencies
8
[ iv ]
ANNEX 6
FEDERAL EMERGENCY PLANS
AND PROCEDURES
I. Definition
For the purpose of this annex, the term "Federal
emergency plans and procedures" refers to those de-
tailed plans and standard operating procedures which
must be developed by each Federal agency in order to
carry out, during an emergency, its responsibilities as
set forth in the National Plan for Civil Defense and
Defense Mobilization. These plans and procedures in-
clude those pertaining to the alerting, movement, and
Dwight D.
emergency use of the employees of each Federal agency,
as well as plans for the emergency use of the agency's
resources. They also cover the substantive actions to
be taken by each agency in carrying out its emergency
functions, including the necessary implementing docu-
ments and orders.
II. Assumption
This annex is based on the assumption that all
possible emergency actions should be planned in ad-
vance, and that the decisions required at the time of
emergency to implement plans and procedures should
be kept to a minimum.
[1]
Annex 6
III. General Responsibilities
The Federal Government is responsible for devel-
oping Federal emergency plans and procedures for all
of its agencies, employees, and material resources,
wherever located. This responsibility must be carried
out not only to achieve Federal operational readiness,
but to provide example to State and local governments,
nongovernmental organizations, and individuals.
A. The Director, Office of Civil and Defense Mobi-
lization, is responsible for:
1. Developing overall Federal plans covering
the three principal contingencies cited in the
Preface to the National Plan-international
tension, limited war, and general war.
2. Providing guidance and assistance to the
Federal agencies in developing their emer-
gency plans and in preparing implementing
documents and procedures.
3. Coordinating the emergency plans, proce-
dures, and documents for the entire Federal
establishment.
4. Developing OCDM plans, procedures, and
documents.
B. The heads of Federal agencies are responsible
for:
1. Developing plans, consistent with overall
plans developed by OCDM and with gov-
erning policies and regulations, for their
agencies' inherent and assigned defense
functions.
2. Developing standard operating procedures
and implementing documents where neces-
sary.
[2]
Annex 6
3. Specifically assigning all of their agencies'
resources for emergency use. This applies
to all agencies.
IV. Functions
The essential elements or functions of Federal
readiness in civil defense and defense mobilization are
the following: (a) Each agency's readiness for alert-
ing employees, its measures for its own self-protection,
and its provision of guidance for the self-protection of
families of employees with emergency assignments;
(b) operational plans for carrying out the agency's
emergency responsibilities; (c) organization, staffing,
training, and equipment necessary for the execution of
plans; and (d) assignment, to other Federal or to State
and local emergency functions, of agency personnel
and resources not needed under the agency's plans.
A. Personnel Protection and Relocation
1. Objective
To assure readiness by each agency for the
warning and protection of its employees and
The Lighty Dwight
their movement, as appropriate, to relocation
sites.
2. Actions Required
Each Federal agency will:
a. Provide for warning its employees.
(Under a tactical or a strategic warning
situation, Federal employees generally
would be alerted through their command
channels or through a general warning
issued to the public,¹ and would take
¹See Annex 7, Role of the Military, for contingency planning by the
military for use of available resources in nonmilitary emergency assign-
ments.
[3]
Annex 6
action as so directed. Some essential
personnel, however, would remain on
duty after tactical warning or would re-
locate as soon as feasible. All Federal
facilities must be so organized that each
employee knows what he is to do upon
warning.)
b. Provide for an internal civil defense
organization in each Federal facility,
consistent, where appropriate, with that
of the locality in which the facility is
located.2
c. Develop relocation plans at the field level,
consistent with the Federal Relocation
Arc program for national headquarters
and with plans of the States and localities
concerned.
d. Provide for movement of appropriate
personnel to relocation sites under emer-
gency conditions, in cooperation with the
States and localities involved.
e. In accordance with OCDM instructions,
provide to employees having emergency
assignments guidance on the care of
their families during an emergency.
(Each employee having an emergency
assignment which would prevent his
direct assistance to his family during the
emergency must indoctrinate his family
in the civil defense plans of its commun-
ity and must take proper preparedness
measures for the family's protection
²See the General Services Administration handbook Building Organ-
ization for Self Protection.
[4]
Annex 6
without dependence on his presence in
an emergency.) No provision can be
made for accommodating dependents in
agencies' relocation facilities.
B. Operational Readiness Planning
1. Objective
To assure that each agency is prepared and
ready to carry out in emergency its necessary
functions.
2. Actions Required
Each Federal Agency³ will:
a. Determine its nonmilitary defense emer-
gency functions and those of its field
establishments, in accordance with the
the National Plan and its annexes and
implementing plans and programs.
b. Develop Standard Operating Procedures
(SOP's) for carrying out these emer-
gency functions. (These procedures
D.
should be integrated with appropriate
State and local civil defense plans.)
BUT
Light
C. Develop emergency documents for im-
plementing the emergency plans. These
include:
(1) Emergency Executive orders.
(2) Presidential proclamations.
(3) Delegations of authority.
(4) Regulations.
(5) Directives.
(6) Emergency appointments.
(7) Draft legislation.
³See Annex 7, Role of the Military, for contingency planning by the
military for use of available resources in nonmilitary emergency assign-
ments.
[5]
Annex 6
d. Test periodically its readiness, at head-
quarters and in the field, to carry out its
emergency functions.
e. Adjust plans, programs, and procedures,
on the basis of test results, to improve
operational capability.
C. Organization, Staffing, Training, and Equipment
1. Objective
To assure that Federal agencies, both at
headquarters level and in the field, are capable
of executing their emergency plans.
2. Actions Required
Each agency will:
a. Determine, to the extent possible pre-
emergency, the personnel and resources
required to perform its emergency mis-
sion.
b. Arrange for the assignment to it of addi-
tionally needed personnel and resources
from other Federal agencies.
C. Advise each unit, facility, and employee
of the emergency functions assigned or
actions to be taken.
d. Train personnel, including Executive
Reservists, as required.
D. Assignment of Personnel and Resources to
Other Functions
1. Objective
To assure that all Federal personnel and
resources are assigned for specific emergency
functions.
4See Annex 39, Review, Tests, and Inspection.
[6]
Annex 6
2. Actions Required
Each Federal agency, in accordance with
pertinent policies and regulations, will:
a. Determine, in cooperation with OCDM
and to the extent possible preemergency,
which of its personnel and resources are
not needed to carry out its own emer-
gency functions.
b. To the extent possible preemergency,
assign those personnel and resources to
emergency service with other Federal
agencies as appropriate or, if not needed
or usable at the Federal level, assign
them to emergency service with State
or local civil defense organizations which
request such assistance. (In the field,
such assignments will be determined by
the OCDM Regional Director or the
field representative of the appropriate
D.
agency, in accordance with the agency's
DEPARTMENT
policies and plans, and will be coordi-
BEL
STATE
nated by the Regional Director through
the Regional Civil and Defense Mobi-
lization Board and other appropriate
agencies. Assignment of personnel or
resources to a local government must
also be coordinated with the State gov-
ernment.)
c. In emergency, reevaluate these assign-
ments in light of then existing conditions
and needs. Personnel without specific
assignments should make their services
available to State or local civil defense.
[7]
Annex 6
V. Execution
A. Office of Civil and Defense Mobilization
The Office of Civil and Defense Mobilization, in
collaboration with other Federal agencies, shall prepare
and issue, as appropriate, Federal plans which outline
the principal Federal actions to be taken under varying
emergency conditions. The Director will issue guidance
to other Federal agencies in accordance with Part III,
Section A, and Part IV, Section A, of the National Plan,
and Parts III and IV of this annex. Guidance regarding
the movement of Executive Branch personnel to reloca-
tion sites has been issued to each Federal agency and
is summarized in Part IV, Section A, of this annex.
B. Other Federal Agencies
Each Federal agency shall, in accordance with
Part IV, Section A, of the National Plan and with this
annex, develop plans, programs, and procedures to carry
out its functions in an emergency and to assure full use
of its personnel under emergency conditions. It shall
make these plans available to State and local govern-
ments as appropriate.
1. The General Services Administration will pro-
vide guidance and assistance to appropriate
Federal agencies regarding their plans for
facility and personnel protection.
2. The Civil Service Commission will coordinate
the reassignment of Federal personnel to emer-
gency duties outside their own agencies.
$See also Annex 8, Preparations for Continuity of Government, and
Annex 11, Protection of Essential Facilities.
* U.S. GOVERNMENT PRINTING OFFICE O-1960
[8]