Answer: The concept of transferring responsibility for day-to-day activities: to the Department of Housing and Urban Development did not arise for the first time in connection with Reorganization Plan No. 1 of 1973. A provision to permit that transfer was included in the Department of Community Development bill (see H.R. 6962, 92nd Congress, as reported, Sec. 301 (i)), and was described in the Administration's presentation (see H.R. 92-1096, p. 28). The programs of DCPA (previously O.C.D.) were thoroughly considered in connection with preparation of the President's Departmental Reorganization Plan, and were thoroughly reconsidered in connection with the development of this Reorganization Plan. Although not now foreseeable, if the need for readjustments in DCPA and DHUD disaster assistance activities arises after the effective date of this Plan, the President will have the authority to make any needed changes. 2. Please describe the responsibilities of the $80 million Defense Civil Preparedness Agency in the Department of Defense in natural disaster work. Answer.-DCPA has no statutory responsibility for natural disaster preparedness or disaster relief assistance to States. Executive Order 11575 delegates to DCPA the authorities vested in the President by Section 210 of the Disaster Relief Act of 1970 (PL 91-606) concerning the utilization and availability of the civil defense communications systems for the purpose of disaster warning. Section 203 of the Disaster Relief Act of 1970 authorized all Federal agencies, at the direction of the President, to utilize their equipment, supplies, facilities, personnel and other resources for the purposes of the Act. The authority to direct such response has been vested in the Director, OEP, and DCPA may be directed to perform disaster assistance functions under the law which are considered necessary and appropriate by OEP. 3. What is the difference in size between the DCPA and OEP planning assistance programs? Answer.-The DCPA and OEP planning assistance programs can best be compared in terms of their mutually supporting aspects rather than in terms of their overall size. The range of preparedness and planning by DCPA includes shelters to protect from radio-active debris and communications to warn the populace, to name but two of many program elements. OEP assists in planning by, for example, commissioning seismic maps in earthquake prone areas and helping to plan for economic stabilization in the aftermath of a devastating attack on the country. Some activities in both agencies prepare the citizenry for disasters whatever their cause; most activities of the agencies are pointed toward quite incomparable goals. 4. Will the disaster relief programs operate better under the proposed reorganization? Answer.-Yes. As Counsellor to the President, Secretary Lynn will have access to the President and will be in a position to elicit prompt and effective disaster response from the several agencies and organizations with disaster relief capabilities. In terms of disaster relief program administration, the assignment of disaster program activities to HUD will offer added opportunities to achieve a more effective relationship between disaster assistance activities and HUD's longer term responsibilities for community growth and development in programs dedicated to housing and urban planning and development. HUD leadership will also facilitate coordination between the disaster assistance and National Flood Insurance programs, and will afford opportunities for achieving objectives on land use, hazard reduction, comprehensive planning, community development and housing. Finally, the reorganization to HUD will provide more staffing support and greater field capabilities for coordination of Federal disaster assistance activities. 5. Is there not considerable overlap, both in law and practice, among the programs to be delegated by the President to HUD, DOD, and GSA? For instance, what are the differences for the following programs: continuity of government (DOD and GSA), planning assistance (DOD and HUD)? Answer. No overlap will be introduced among the identified programs by the proposed Reorganization Plan, or delegations intended to be made under its authority. While DOD programs are not directly affected by actions associated with the proposed reorganization, certain cooperative arrangements do exist between DOD (DCPA) and the Office of Emergency Preparedness. These arrangements are designed in part to avoid program duplications and overlap, particularly in times of stress, and these will be fully maintained and used by HUD and GSA in conducting former OEP programs. The DCPA is charged by law to prepare the population of the Nation for the devastating effects of nuclear attack. Programs include shelters for nuclear attack, matching grants to States and planning and education as needed. Natural disaster response is quite a different activity operating under separate legislation, grant funding plus loans, and closely tied to the general well-being and development of communities on a continuing basis. National resources are focussed, as needed, to assist in a localized emergency. This would not be the case in a nation-wide nuclear attack. Continuity of civil government requires plans, procedures and, to some extent, facilities to help ensure that civil government continues in and after a war emergency. It would not be desirable to place this responsibility for continuing civilian control of the Nation in the Department of Defense; however, some civil defense activities pointed toward population defense contribute to helping to ensure continuity of government. All emergencies have the common characteristic of requiring rapid and coordinated action. The actual response to the needs generated by an emergency must and does vary significantly depending on the nature and extent of the occurrence. To the extent that local plans and available facilities can serve to support more than one emergency activity, they are and should be so used. OEP planning and facilities programs with such "dual-use" capabilities will be continued as applicable by HUD and GSA. Examples of such “dual-use” include operations centers, emergency shelter facilities, and certain contingency plans. 6. Would it be possible to strengthen the Federal disaster relief capability by reducing the overlap of program authority and putting the main planning, operating, and coordinating functions in one agency? Answer. The main planning, operating, and coordinating functions for Federal natural disaster relief capability are presently centered in the Office of Emergency Preparedness. As noted in (4) above, assignment of this central responsibility to HUD will more closely align the disaster relief responsibilities with other community development programs which are compatible to long range recovery from the effects of disaster. The only current potential overlap is in the several Federal agency disaster emergency loan programs. This overlap will be addressed in the President's report to Congress as required by PL 92–385. 7. Is it not true that all of civil defense and natural disaster authorities are vested in the President? Would redelegation among DCPA, HUD and GSA not be possible if shown to be desirable? Answer. The authorities in law for dealing with emergencies are, for the most part, vested in the President. Most have been subsequently delegated to those agencies currently charged with the responsibilities. Interagency redelegation would be possible. Defense Mobilization 1. It is my understanding that the OEP Director was a statutory member of the National Security Council. In view of the responsibilities to be transferred from OEP to GSA for continuity of Government in the event of nuclear attack and for managing the stockpiles of critical materials needed in conventional warfare, will the GSA Administrator be made a member of the National Security Council? Answer. The Reorganization Plan No. 1 of 1973 calls for the abolishment of the National Security Council membership of the Director of OEP. There are no current plans to transfer this membership to the head of another agency. A formal liaison mechanism will be established between GSA and the NSC so that preparedness activities which GSA will assume are carried on within the framework of national security objectives. 2. The OEP Director is responsible, on behalf of the President, for coordinating all mobilization activities of the Executive Branch including those relating to production, procurement, manpower, price stabilization and transport. Each department and agency receives a mobilization assignment and carries it out, subject to the direction and control of the OEP Director. Are these mobilization responsibilities to be transferred to GSA? If so, will GSA have the necessary authority to direct and control mobilization assignments and to do the central planning and programming heretofore performed by OEP? Answer.-Yes. The mobilization responsibilities are to be transferred to GSA, and GSA will have authority equivalent to that vested in OEP. 3. I understand that the executive order relating to the Buy American Act permits procuring agencies to reject any bid or offer for materials of foreign origin if such rejection is necessary to protect national security interests, and ནོ that the OEP Director was assigned the task of advising executive agencies in this respect. Who acquires that responsibility now? If GSA does, does this mean that it will rely on the Defense Department findings in rendering the required service? Answer.-GSA will acquire those Buy American Act responsibilities under the proposed Reorganization Plan. The views of DOD, as well as other Agencies involved in each case, will be considered as in the past. 4. One of the mobilization responsibilities is to be the certifying authority for accelerated amortization of emergency facilities under the Internal Revenue Code. Will GSA acquire that authority? Answer.-Although provisions for accelerated amortization remain in the Internal Revenue Code, certifying authority has expired. If this were to be reactivated, it is intended that the authority would rest with GSA. Disaster Relief 1. I understand that the President will submit, on or about March 1st, proposed legislation relating to disaster relief and insurance. How will this affect the program structure outlined in the Message and Plan? Answer. The proposed legislation is fully compatible with the program structure outlined in Reorganization Plan No. 1. Both would vest responsibility for disaster preparedness and assistance in the President for redelegation as he deems appropriate. The Presidential message transmitting the Reorganization Plan stated that delegation of former OEP disaster relief authority would be made to the Department of Housing and Urban Development. An overall objective here is to combine programs in one agency, which involve a major Federal mission, in a way consistent with that proposed for the new Department of Community Development. The Secretary of DHUD is also Counsellor to the President for Community Development and through him coordination of other departments and agencies can be effectively performed. 2. What executive departments, agencies, and private relief organizations are involved in disaster relief? Will HUD have primary responsibility for coordinating their planning and assistance, or will it gradually take over all planning and assistance? Answer.-Executive departments, agencies, and private relief organizations involved in disaster programs include the following: A. Disaster Preparedness and Mitigation Office of Emergency Preparedness Office of Telecommunications Policy Corps of Engineers National Oceanic and Atmospheric Administration National Science Foundation National Bureau of Standards Defense Civil Preparedness Agency U.S. Geologic Survey Bureau of Reclamation Federal Council on Science and Technology National Advisory Council on Oceans and Atmosphere B. Disaster Assistance Office of Emergency Preparedness Corps of Engineers Department of Defense Federal Highway Works Administration in the Department of Transportation HUD will discharge the delegated responsibility for disaster mitigation and preparedness by coordinating the planning and assistance programs of all agencies involved. This will include coordination of the DCPA On-Site Assistance Program for local governments, but will not include supervision of the DCPA matching funds program to State Civil Defense Organizations. As indicated in the President's reorganization proposals, many of these agencies could ultimately become part of the Department of Community Development and, thus, direct responsibility for these planning and assistance functions would fall under one agency. 3. How can we be assured that the disaster relief programs will receive sufficiently high priority attention in HUD which must react to the demands of its many operating programs? Answer. The disaster relief functions will be headed by a Senior-level official, the Director of HUD Disaster Programs, reporting directly to the Secretary and Under Secretary. The disaster assistance operating plan has involved the direct participation of the Secretary, who will recommend the declaration of a major disaster to the President and who may name the Federal Coordinating Officer for each declared disaster. If the President deems the disaster of sufficient magnitude, a personally designated FCO may be selected. These measures will insure ample visibility and priority for this program within HUD. Civil Defense 1. What will be the GSA responsibilities for civil defense after the abolition of OEP? For example, Executive Order No. 10952, issued in 1961 by President Kennedy, made the Director of the Office of Civil and Defense Mobilization (later the Office of Emergency Preparedness) responsible for advising and assisting the President in determining policy for and in planning, directing and coordinating the total civil defense program. These responsibilities included coordination of civil defense responsibilities with neighboring nations, Mexico and Canada, and promoting interstate compacts on civil defense matters among the States. Will all these functions be assumed by GSA? Answer.--Yes. These responsibilities are intended to be delegated to GSA under authority of the proposed Reorganization Plan. They would be exercised in accordance with policy guidance from the National Security Council. 2. The Reorganization Plan abolishes the Civil Defense Advisory Council, which was created by the Federal Civil Defense Act of 1950 and in recent years has been attached to the OEP. What about other advisory councils or committees attached to OEP? For example, some years ago, a National Health Resources Advisory Committee was established with the responsibility of advising the OEP Director concerning the allocation, utilization and administration of health resources in emergencies or mobilization situations. Is this committee still in existence? If so, where will it be attached hereafter? Answer. This committee is in existence and will be transferred to GSA. It is a very useful management tool and is intended to be retained on an active basis. The Chairman, who is appointed by the President, will function as a health resources advisor to the Administrator. (Whereupon, at 4 p.m., the hearing was adjourned.) |