DEFENSE MOBILIZATION ACTIVITIES FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED [Public Law 920,' 81st Congress, 64 Stat. 1246, 50 U.S.C. App. 2251] AN ACT To authorize a Federal civil defense program, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Civil Defense Act of 1950". Sec. 2. Declaration of policy. Sec. 3. Definitions. TABLE OF CONTENTS TITLE I-ORGANIZATION Sec. 101. Federal Civil Defense Administration. TITLE II-POWERS AND DUTIES Sec. 201. Detailed functions of Administrator. Sec. 202. Relation of Defense Production Act of 1950 to civil defense. Sec. 205. Personnel and Administrative Expenses. TITLE III-EMERGENCY AUTHORITY Sec. 301. National emergency for civil defense purposes. Sec. 302. Utilization of Federal departments and agencies. Sec. 303. Emergency powers. Sec. 304. Immunity from suit. Sec. 305. Waiver of Administrative Procedure Act. Sec. 306. Compensation for nongovernmental property acquired. TITLE IV-GENERAL PROVISIONS Sec. 401. Administrative authority. Sec. 402. Exemption from certain prohibitions. Sec. 403. Security regulations. Sec. 404. Transfers to Administration. Sec. 405. Utilization of existing facilities. Sec. 406. Annual report to Congress. 1 Reorganization Plan No. 1 of 1958, effective July 1, 1958, 23 Fed. Reg. 4991, transferred the functions of the Federal Civil Defense Administration and Administrator to the President of the United States, and the Federal Civil Defense Administration was consol dated with the Office of Defense Mobilization to form the Office of Defense and Civilian Mobilization. By Executive Order 10773, effective July 1, 1958, 23 Fed. Reg. 5061, the President delegated to the Director of the Office of Defense and Civilian Mobilization all functions transferred to the President by Reorganization Plan No. 1 of 1958. Public Law 85-763, approved Aug. 26, 1958, 72 Stat. 861, amended Reorganization Plan No. 1 of 1958 by changing the name of the Office of Defense and Civilian Mobilization to the Office of Civil and Defense Mobilization. Executive Order 10782, effective Sept. 6, 1958, 23 Fed. Reg. 6971, amended Executive Order 10773 by changing references therein to the Office of Defense and Civilian Mobilization to the Office of Civil and Defense Mobilization. Public Law 87-296, approved Sept. 22, 1961, 75 Stat. 630. further amended Reorganization Plan No. 1 of 1958 by changing the name of the Office of Civil and Defense Mobilization to the Office of Emergency Planning. Executive Order 11051, effective Sept. 27, 1962, 27 Fed. Reg. 9683, revoked Executive Orders 10773 and 10782 to the extent that such orders have become inapplicable. Sec. 407. Applicability of Act. Sec. 408. Appropriations and transfers of funds. Sec. 409. Reconstruction Finance Corporation. Sec. 410. Atomic Energy Act of 1946. Sec. 411. Federal Bureau of Investigation. Sec. 412. Separability. Sec. 413. Applicability of Reorganization Plan Numbered 1. DECLARATION OF POLICY SEC. 2. It is the sense of the Congress that the defense of the United States, in this thermonuclear age, can best be accomplished by enacting into law the measures set forth in this Act. 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 Government and the several States and their political subdivisions. The Federal Government shall provide necessary direction, coordination, and guidance; shall be responsible for the operation of the Federal Civil Defense Administration as set forth in this Act; and shall provide necessary assistance as herein authorized. DEFINITIONS SEC. 3. As used in this Act (a) The term "attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes; (b) 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 establishment of appropriate organizations, operational plans, and supporting agreements; the recruitment and training of personnel; the conduct of research; the procurement and stockpiling of necessary materials and supplies; the provision of suitable warning systems; the construction or preparation of shelters, shelter areas, and control centers; and, when appropriate, the non-military evacuation of civil population); (B) measures to be taken during attack (including the enforcement of passive defense regulations prescribed by duly established military or civil authorities; the evacuation of personnel 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 1 This section amended to read as set forth in the text by Public Law 85-606, approved August 8, 1958, 72 Stat. 532. 89-983-68- -40 (including activities 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); (c) The term "organizational equipment" means equipment determined by the Administrator to be (1) necessary to a civil defense organization, as distinguished from personal equipment, and (2) of such a type or nature as to require it to be financed in whole or in part by the Federal Government. It shall not be construed to include those items which the local community normally utilizes in combating local disasters except when required in unusual quantities dictated by the requirements of the civil defense plans; (d) The word "materials" shall include raw materials, supplies, medicines, equipment, component parts and technical information and processes necessary for civil defense; (e) The word "facilities", except as otherwise provided in this Act, shall include buildings, shelters, utilities, and land; (f) The term "United States" or "States" shall include the several States, the District of Columbia, the Territories, and the possessions of the United States; and (g) The term "neighboring countries" shall include Canada and Mexico. SEC. 101. (a) There is established in the executive branch of the Government a Federal Civil Defense Administration (hereinafter referred to as the "Administration") at the head of which shall be a Federal Civil Defense Administrator appointed from civilian life by the President, by and with the advice and consent of the Senate. (b) There shall be in the Administration a Deputy Administrator who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. The Deputy Administrator shall perform such functions as the Administrator shall prescribe and shall act for, and exercise the powers and perform the duties of, the Administrator during his absence or disability. (c) The Administrator shall perform his functions subject to the direction and control of the President. CIVIL DEFENSE ADVISORY COUNCIL 2 SEC. 102. (a) There is hereby created a Civil Defense Advisory Council, hereinafter referred to as the Council, which shall advise and 1 The Federal Civil Defense Administration and the Office of Defense Mobilization were consolidated to form the agency now known as the Office of Emergency Planning. See introductory footnote at the beginning of the text of this Act. 2 The Civil Defense Advisory Council, together with its functions, were transferred to the Office of Defense and Civilian Mobilization by Reorganization Plan No. 1 of 1958, effective July 1, 1958. 23 Fed. Reg. 4991. All other functions of the Federal Civil Defense Adminis trator and the Federal Civil Defense Administration under the Federal Civil Defense Act of 1950, as amended, were vested in the President under the Reorganization Plan. Public Law 85-763. approved August 26, 1958, 72 Stat. 861, changed the name of the Office of Defense and Civilian Mobilization to the Office of Civil and Defense Mobilization. Public Law 87-296, approved September 22, 1961, 75 Stat. 630, changed the name of that agency to the Office of Emergency Planning. consult with the Administrator with respect to general or basic policy matters relating to civil defense. The Council shall consist of the Administrator, who shall be chairman, and twelve additional members to be appointed by the President, of whom three members shall be representative of the State governments, three members shall be representative of the political subdivisions of the States and the remaining members shall be selected among the citizens of the United States of broad and varied experience in matters affecting the public interest, other than officers and employees of the United States (including any department or agency of the United States) who, as such, regularly receive compensation for current services. The following organizations shall be invited to establish panels of names for the members representative of the States and the political subdivisions thereof: The Council of State Governments. The Governors' Conference. The American Municipal Association. The United States Conference of Mayors. The representatives of the States and the political subdivisions thereof appointed by the President shall be selected from the panels established by the above-mentioned organizations. Not more than a majority of two of the members shall be appointed to the Council from the same political party. Each member shall hold office for a term of three years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term; and (2) the terms of office of the members first taking office after the date of the enactment of this Act shall expire, as designated by the President at the time of appointment, four at the end of one year, four at the end of two years and four at the end of three years, after the date of the enactment of this Act. The Council shall meet at least once in each calendar year and at such other times as the Administrator shall determine that its advice and counsel will be of assistance to the program. (b) The Administrator may appoint such other advisory committees as are deemed necessary. (c) The members of the Council and the members of any other advisory committees, other than the Administrator, may be compensated at rates not in excess of those prescribed in section 401(b) of this Act. TITLE II-POWERS AND DUTIES DETAILED FUNCTIONS OF ADMINISTRATOR SEC. 201. The Administrator is authorized, in order to carry out the above-mentioned purposes, to (a) prepare national plans and programs for the civil defense of the United States, making such use of plans and programs previously initiated by the National Security Resources Board as is feasible; sponsor and direct such plans and programs; and request such reports on State plans and operations for civil defense as may be necessary to keep the President, the Congress and the several States advised of the status of civil defense in the United States; (b) delegate, with the approval of the President, to the several departments and agencies of the Federal Government appropriate civil defense responsibilities, and review and coordinate the civil defense activities of the departments and agencies with each other and with the activities of the States and neighboring countries; (c) make appropriate provision for necessary civil defense communications and for dissemination of warnings of enemy attacks to the civilian population; (d) study and develop civil defense measures designed to afford adequate protection of life and property, including, but not limited to, research and studies as to the best methods of treating the effects of attacks; developing shelter designs and materials for protective covering or construction; and developing equipment or facilities and effecting the standardization thereof to meet civil defense requirements; 1 (e) conduct or arrange, by contract or otherwise, for training programs for the instruction of civil defense officials and other persons in the organization, operation, and techniques of civil defense; conduct or operate schools or classes, including the payment of travel expenses, in accordance with the Travel Expenses Act of 1949, as amended, and the Standardized Government Travel Regulations, and per diem allowances, in lieu of subsistence for trainees in attendance or the furnishing of subsistence and quarters for trainees and instructors on terms prescribed by the Administrator; and provide instructors and training aids as deemed necessary: Provided, That the terms prescribed by the Administrator for the payment of travel expenses and per diem allowances authorized by this subsection shall include a provision that such payment shall not exceed one-half of the total cost of such expenses: Provided further, That the authority to pay travel and per diem expenses of students as authorized by this subsection shall terminate on June 30, 1968: Provided further,* That not more than one national civil defense college and three civil defense technical training schools shall be established under the authority of this subsection: Provided further, That the Administrator is authorized to lease real property required for the purpose of carrying out the provisions of this subsection, but shall not acquire fee title to property unless specifically authorized by Act of Congress; " 5 3 (f) publicly disseminate appropriate civil defense information by all appropriate means; 1 Public Law 928, 84th Congress, approved August 2, 1956, 70 Stat. 949, amended subsection (e) to authorize the Administrator of the Federal Civil Defense Administration to pay travel expenses and per diem allowances in lieu of subsistence for trainees in attendance or the furnishing of subsistence and quarters for trainees and instructors. Sec. 2 of the same Act authorized the appropriation of not to exceed $100,000 annually for these purposes. Section 6 of Public Law 85-606, approved August 8, 1958, 72 Stat. 532, 534, increased the foregoing appropriation to not to exceed $300,000 annually. 2 Sec. 3(a) of Public Law 85-606, approved August 8, 1958, 72 Stat. 532, inserted this proviso and the proviso that immediately followed. 3 Public Law 88-335, approved June 30, 1964, 78 Stat. 231, substituted "June 30, 1968" for "June 30, 1964". Sec. 3(a) of Public Law 85-606, approved August 8, 1958, 72 Stat. 532, substituted "Provided further." for "Provided,". 5 Public Law 412, 82d Congress, approved June 25, 1952, 66 Stat. 158. gave the Administrator of the Federal Civil Defense Administration the authority to lease real property but not to acquire fee title under either subsection (e) or (h) unless specifically authorized by Congress. |