flexibility in the courses of action we may pursue. We illustrate our national will to aggressors. We improve our deterrent posture, and we increase our capacity to withstand attack. This is why we say that civil defense is a significant part of our national security effort."

Just as civil defense is an essential element of military defense, so military support is an important element of civil defense. As Under Secretary of the Army, I gave this problem considerable attention. Certain conclusions seem clear to me. The effective support by our military resources of civil defense both in planning and in actual operations in a nuclear disaster greatly increases the country's ability to minimize damage and speed recovery. However, great care must be exercised to insure that civilian civil defense efforts at Federal, State, and local levels are not relaxed. We cannot permit our Armed Forces to become irrevocably committed to the task of civil defense. Our Armed Forces must retain their capability to deal with military threats: The military forces and resources based in this country, even if committed entirely to civil defense operations, could not cope with the requirements since these forces represent less than 3 percent of the Nation's manpower and equipment potential. In my judgment, therefore, the key to effective military support of civil defense is the existence of a suitable organization which can respond readily to the requirements of the civil defense organization at all levels of Government. An inconsistency presently exists between the civil defense organization and that of the military. The civil defense organization extends from regional headquarters to the State civil defense, and thence to county and local civil defense headquarters, while in the Regular Army organization there are no headquarters at the State level. The essential element lacking in carrying out the Army mission in a civil defense emergency is the availability in each State of a military headquarters to plan for and to control military support operations in civil defense emergencies under the supervision of an appropriate Army commander. There now exists in the National Guard organization a headquarters and headquarters detachment in each State which could be utilized as a State-level military headquarters for military support of civil defense within the State.

Essentially, the State AG's would be used as follows:

In the event of a nuclear attack, the State AG and the necessary elements of his headquarters would be called into Federal service. The State AG would then come under the command of the ZI Army commander in whose area he is located, and would have operational command of the military resources, including Reserve and Active Army units, within his State which were made available by the ZI Army commander for the military support mission.

If State AG's and necessary elements of their headquarters are to be called into Federal service in event of a nuclear attack, these same people should have premobilization responsibilities for the planning and preparation for military support of civil defense within their States. They should carry out this function under the supervision of the CONUS Army commanders. It is not intended, however, that military forces in any State assume the major civil defense responsibility.

This organizational concept has certain obvious advantages. In utilizing State headquarters, it utilizes existing military staffs who do not otherwise have a mobilization assignment. Further, it provides an ideal means of coordinating State and Federal organizations. In 11 States the State AG now has civil defense responsibilities. During the premobilization phase the Governor of each State, working through his Adjutant General, will have an input to the planning which will affect his State. Even after mobilization, a familiar means of coordination will exist between the Governor and the senior military authority with responsibility concerning the State. This plan will thus provide a standard military chain of command, made up of compatible military components, which can function with maximum effectiveness in cooperation with State and Federal authorities.

It is important to preserve the integrity of the military chain of command. However, within the civil defense mission assignment, the military commander must be given enough discretionary power to enable him to support relevant civil authority.

In April 1963, I presented this concept to the Association of State Adjutants General during their conference in San Juan, P.R.. and they approved it.

The Chief of Staff of the Army then appointed a planning board at USCONARC consisting of representatives from the CONARC staff, the CONUS armies, the National Guard Bureau, the Association of State Adjutants General, Navy, Air Force, and the Office of Civil Defense, to study methods of implementing this

concept. The Board commenced its deliberations early in January of this year and has submitted its final report to the Army staff for its study. Last Friday I was briefed on this report, and I believe we are now in a position to start implementing this plan in the near future.

In Alaska we have just had a practical demonstration of civilian authority and operations being maintained and conducted by the Governor and mayors using their civil defense organization as a coordinating and directing arm supported by military units and resources. Lt. Gen. J. R. Reeves, commander in chief, Alaska, stated to Lieutenant General Mundy, USAF, retired, now a Special Assistant to the Director of the Office of Civil Defense, who preceded him in the Alaska Command, that he quickly discovered the need to funnel military assistance which he controlled through civil defense. State Adj. Gen. Thomas Carroll, later the victim of a most unfortunate accident, went directly to State civil defense headquarters in Anchorage and relayed requests for aid from State civil defense headquarters to Army, Air Force, and Navy units. An Army liaison unit was also set up in the Anchorage City Civil Defense Headquarters. There was no martial law declared in any Alaskan community.

Thus what we are planning nationwide has already taken place in Alaska. The civil defense organization in Alaska coordinated all rescue and relief activities and acted as a center for liaison with military forces and city civil defense heads. Except that there was no radioactive fallout, Alaska's violent earth shocks were the equivalent of near misses by thermonuclear weapons. In Seward most of the buildings were shaken apart. Immediately afterward, the oil tanks exploded and burned. Two tidal waves then swept the waterfront, totally destroying the dock area. *** Mayor Perry Stockton said: "Seward would have been a total loss without the training we had. Twenty minutes after the earthquake hit we were in operation through civil defense."

At the request of the Governor through State civil defense, 163 officers and men of the 4th Battalion, 23d Infantry, were rushed from Fort Richardson, near Anchorage, to Seward, to aid in rescue and help local police maintain order.

In an interview the other day, Governor Egan of Alaska said: "When we were dropped to our knees by the earthquake and tidal waves in Alaska, the civil defense organization was there to pick us up and get us started on the road to recovery. I can't give enough praise to the civil defense organization since our tragedy on Good Friday. Anyone in Alaska who had reservations about civil defense in Alaska, I am sure has changed his mind now after seeing the great job this agency did and is continuing to do for our people.

"Civil defense shone all the way through. Those who had been sniping at the civil defense organization have now seen where they were wrong. Without civil defense we would have had a dreadful time. The civil defense people simply took hold of things in this emergency and proved its worth and value, not only to Alaska but to any others who have been close to the State. *** I mean people in other sections of the United States who have interests there. Civil defense did a great job, a job which I think deserves the thanks of everyone in Alaska."

I most sincerely urge your favorable consideration of this civil defense budget. The Director of the Office of Civil Defense, Mr. Durkee, is prepared to answer in detail any questions that you may have about the budget document which is before your committee.

H.R. 8200, ADMINISTRATION FALLOUT SHELTER BILL

Senator MAGNUSON. All right.

Let's proceed backward with your statement here.

Mr. VANCE. Yes, sir.

Senator MAGNUSON. H.R. 8200, as I recall it, and we will put the bill in the record at this point.

(H.R. 8200 referred to follows:)

[H.R. 8200, 88th Cong., 1st sess.]

AN ACT To further amend the Federal Civil Defense Act of 1950, as amended, to provide for shelter in Federal structures, to authorize payment toward the construction or modification of approved public shelter space, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), is further amended by adding to title II of the Act the following new sections 206 and 207:

"SHELTER IN FEDERAL STRUCTURES

"SEC. 206. (a) Public shelter shall be incorporated in all structures existing or to be constructed in the future and owned or occupied by any department or agency of the United States whether civilian or military, unless exempted from such shelter requirement in accordance with the procedures and criteria prescribed pursuant to subsection (b).

"(b) The President may prescribe rules and regulations to carry out the provisions of subsection (a). Such rules and regulations shall make provision for the establishment of procedures and criteria for incorporating public shelter in structures in the United States (as such is defined in section 3(f) of the Act) owned or occupied by any department or agency of the United States. Regulations establishing exemptions shall be limited to the following bases for such exemptions:

"(1) The proposed shelter would be in areas where additional public shelter space is not required;

"(2) The only practical design or construction characteristics of the structure with shelter incorporated therein would result in exceeding cost limitation, which shall be set forth in said regulations to maintain an average of not to exceed $4 per square foot, for shelter developed with funds appropriated in any one fiscal year;

"(3) In the case of a leased structure, the term of the lease, together with terms of options to renew, is less than an aggregate of ten years;

"(4) Competitive bidding for property to be leased by the Federal Government would be unduly impaired by requirements for the inclusion of shelter features in the buildings to be leased;

"(5) The operational use of the structure is such that the proposed incorporation of shelter would impede or impair its operational mission;

"(6) The proposed shelter would be in restricted areas not available to the public in time of emergency; or

“(7) It would be unnecessary, uneconomical, or impracticable to include shelter in a particular structure.

"(c) A statement that the incorporation of shelter into any new structure to be constructed has met the requirements of subsection (a) shall be submitted to the Congress as a part of the authorization procedures for new structures which may be required by other provisions of law.

"(d) There is hereby authorized to be appropriated in fiscal year 1964 not to exceed $15,500,000 to carry out the purposes of incorporating public shelter in existing structures not otherwise provided for; and there is also authorized $8,200,000 to carry out the purposes of incorporation of public shelter in existing structures for which appropriations were made by the Department of Defense Appropriations Act, 1962.

"SHELTER FINANCING

“SEC. 207. (a) The Administrator is authorized to make payments on the basis of approved applications to States, to their political subdivisions, or to instrumentalities of either, or to nonprofit institutions which create public shelter space by construction or modification in their facilities. Such public shelter space must meet standards and criteria therefor, established under the provisions of this Act and must be available to the public, without limitation, in case of attack or anticipated attack in accordance with local civil defense use plans. Payments shall be made in accordance with the following enumerated terms, conditions, and requirements:

"(1) Applications may cover one or more facilities and may be combined to cover projects of more than one eligible institution. If applications are combined, the sponsoring applicant must be the political subdivision or an instrumentality thereof, with jurisdiction over the territory in which the pertinent buildings of eligible institutions are located.

"(2) Payments shall not exceed either the aggregate costs covered by an approved application determined in accordance with standards, criteria, and conditions established pursuant to this Act, of designing, equipping, or modifying facilities, estimated to be allocable to providing shelter space, or such lesser amounts as may be determined in accordance with such standards, criteria, and conditions: Provided, That no costs exceeding $4 per square foot in any one facility shall be allowed for this purpose.

"(3) Payment shall not exceed $2.50 multiplied by the total square feet of public shelter space provided in respect of an approved application.

"(4) Any payment made under this section shall be in addition to, and shall cause no reduction in, any other financial assistance by the Federal Government for construction (by contract, direct construction, grant, loan, insurance of loans, or commitments to participate or otherwise); except, however, payments under this section, when added to such other financial assistance provided by the Federal Government properly allocable to public shelter space costs under said standards and criteria, shall not exceed the limitations in paragraphs (2) and (3) above;

"(5) Provisions for allocation among the States of amounts appropriated to carry out the purposes of this section shall be made on the basis of population and need for public shelter space within a State: Provided, That any amount of such allocation not used within a State may be reallocated under the same criteria among the other States;

"(6) No payment shall be made toward the procurement of land. "(7) Payments shall be made only upon (a) the execution by the State, political subdivision, instrumentality, or nonprofit institution of agreements sufficient to protect the interest of the Federal Government for the marking, stocking, and equipping of the public shelter space and for its use in accordance with civil defense use plans developed by the States or political subdivisions to meet wartime and natural disasters and (b) as a condition precedent the appropriate official of the State shall have approved the application as consistent with, and as most efficiently and equitably furthering, State civil defense plans.

"(b) To encourage the greatest economy and efficiency in the obtaining of additional public shelter space under the provisions of this section through the development of communitywide or multiple-facility applications, local survey and planning services may be provided to identify the lowest cost opportunities to meet local shelter deficiencies, and funds authorized under this section, not to exceed $10,000,000, shall be available to meet such costs.

"(c) As used in this section, the following terms shall have the following meanings:

"(1) The term 'nonprofit institution' means an entity which is engaged in activities meeting the tests prescribed by section 170(c) of the Internal Revenue Code (26 U.S.C. 170(c)), or which has been determined to be exempted from taxation as a nonprofit organization under section 501 of the Internal Revenue Code (26 U.S.C. 501);

"(2) The term 'shelter space' means space within a facility which space provides features of construction, as determined by the Administrator, essential to provide protection for people from the effects of radioactive fallout and associated structural elements or equipment required for shelter systems;

"(3) The term 'construction or modification' means the incorporation in a facility of shelter space by initial construction, reconstruction, renovation, rehabilitation, alteration, equipping, remodeling, conversion, or modification. "(d) There is hereby authorized to be appropriated in fiscal year 1964 not to exceed $175.000,000 to carry out the purposes of this section."

SEC. 2. Title IV of the Act is further amended by adding the following new sections 414, 415, and 416:

"APPROPRIATIONS AND TRANSFER OR ALLOCATION

"SEC. 414. (a) Funds authorized to be appropriated under this Act, for expenses of shelter, research and development, and construction shall remain available until expended.

"(b) Funds appropriated under this Act for the inclusion of public shelter in structures owned or occupied by any department or agency of the United States may be allocated to the civilian or military departments or agencies of the Federal Government.

"APPLICABILITY OF OTHER LAWS

"SEC. 415. Upon meeting the requirements of this Act for incorporation of shelter in structures owned or occupied by any department or agency of the United States, all requirements of law in respect of shelter shall be deemed to have been met: Provided, That nothing in the foregoing shall be considered to eliminate the authorization procedures required by other provisions of law for the construction, modification, or alteration of facilities: Provided further, That any statement in an instrument of conveyance or lease that the requirements of this Act have been met shall be conclusive.

"CIVIL DEFENSE AND DISASTER RELIEF

"SEC. 416. The Administrator, in the event of the occurrence of a civil nuclear disaster, or a flood, drought, storm, hurricane, earthquake or fire of catastrophic proportions in any part of the United States, notwithstanding the limitations contained in subsections 201 (c), (e), (h), (i) and subsection 205(d), may, as a part of the civil defense program, permit the use by the states of any equipment, materials, or facilities which have been purchased, leased or otherwise acquired through funds of or contributions made by the Federal government for civil defense purposes."

SEC. 3. (a) Section 410 of the Act (50 U.S.C. App. 2262), is amended by changing the period at the end thereof to a comma and adding the words "and nothing contained in this Act shall be construed to limit or in any way affect the responsibiilties of the American National Red Cross under the Act approved January 5, 1905 (33 Stat. 599), as amended."

(b) The caption appearing immediately before section 410 is amended by adding the words "and the American National Red Cross." Passed the House of Representatives September 17, 1963. Attest:

RALPH R. ROBERTS, Clerk.

PURPOSE OF H.R. 8200

Mr. VANCE. Yes, sir.

Senator MAGNUSON. As I recall, it extends your authority to allow the Federal Government to incorporate, as you put it, fallout shelters in existing or new facilities of nonprofit institutions.

Mr. VANCE. That is correct, sir.

Senator MAGNUSON. Why did the Department consider they needed that authority?

Mr. VANCE. We need this authority to get the additional shelter spaces which this authorization would produce.

Senator MAGNUSON. In other words, your authority now is that we could appropriate money for this purpose if the other party involved would voluntarily agree; is that correct?

Mr. VANCE. Mr. Durkee, will you speak to that, please?

LEGAL AUTHORITY FOR FALLOUT CONSTRUCTION

Mr. DURKEE. We have no legal authority, Mr. Chairman, to expend funds for construction under the Federal Civil Defense Act for public fallout shelter purposes.

Senator MAGNUSON. So this would give you that authority?

Mr. DURKEE. H.R. 8200 would give us the authority.

Senator MAGNUSON. Does this propose, and I don't recall, a voluntary submission on the part of the person with the building or whatever?

Mr. DURKEE. Yes; voluntary on the part of the building owners. Senator MAGNUSON. To join in this program with you?

Mr. DURKEE. Yes, sir; with participation restricted to nonprofit institutions and a top Federal cost of $2.50 per square foot.

Senator MAGNUSON. If they wanted to make it a more elaborate one it was up to them?

Mr. DURKEE. Yes.

Senator MAGNUSON. But we would guarantee a minimum?

Mr. DURKEE. Really a maximum.

Senator MAGNUSON. Of $2—

Mr. DURKEE. And 50 cents a square foot.

Senator MAGNUSON. Yes.