Sec.

2284. Identity insignia; manufacture, possession, or wearing; penalties.

2285. Real property transactions.

(a) Reports to the Armed Services Committees.
(b) Quarterly reports to Armed Services Com-
mittees.

(c) Real property governed by this section.

(d) Recital of compliance in instrument of conveyance as conclusive.

2286. Financial contributions to States for personnel and administrative expenses.

(a) Requirements of plan.

(b) Establishment of other terms and conditions by Administrator.

(c) Applicability of other laws.

(d) Allocation to States.

(e) Failure to submit plan; reallocation.

(f) Report to the Congress.

(g) Definition.

(h) Termination date.

PUB. L. 89-568, SEPT. 12, 1966

2287. Fallout protection.

TITLE IV-EMERGENCY AUTHORITY

2291. Sections 2291 to 2297 of this Appendix effective only during civil defense emergency; proclamation of emergency; termination.

2292. Utilization of Federal departments and agencies. 2293. Emergency powers of Administrator.

2294. Government immune from liability for death or personal injury to employees; benefits employees entitled to.

2295. Waiver of Administrative Procedure Act. 2296. Compensation for acquisition of nongovernmental property; return of property to owner; disposal of surplus property.

2297. Termination of sections 2291 to 2297 of this Appendix,

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245
TITLE I-GENERAL PROVISIONS

§ 2251. Congressional declaration of policy.

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 [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix]. 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 [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix]; and shall provide necessary assistance as herein authorized. (Jan. 12, 1951, ch. 1228, § 2, 64 Stat. 1246; Aug. 8, 1958, Pub. L. 85-606, § 2, 72 Stat. 532.)

AMENDMENTS

1958-Pub. L. 85-606 substituted provisions declaring that the responsibility for civil defense shall be vested Jointly in the Federal Government and the several States and their political subdivisions for provisions which stated that the responsibility for civil defense shall be vested primarily in the several States and their political subdivisions.

TRANSFER OF FUNCTIONS

Functions of the Federal Civil Defense Administration were transferred to the President of the United States by section 1 of 1958 Reorg. Plan No. 1, eff. July 1, 1958, 23

F.R. 4991, 72 Stat. 1799, as amended, set out as a note under section 2271 of this Appendix, and the Federal Civil Defense Administration was consolidated with the Office of Defense Mobilization to form the Office of Emergency Preparedness in the Executive Office of the President. SHORT TITLE

Section 1 of act Jan. 12, 1951, provided that act Jan. 12, 1951 enacting sections 2251-2284, 2286 and 22912297 of this Appendix, should be popularly known as the "Federal Civil Defense Act of 1950".

SEPARABILITY OF PROVISIONS

Section 412 of act June 12, 1951, provided that: "If any provision of this Act [sections 2251-2284, 2286 and 2291-2297 of this Appendix] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act [said sections], and the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby."

APPLICABILITY OF REORGANIZATION PLAN No. 1 OF 1958 Section 413 of act Jan. 12, 1951, as added by Pub. L. 85-606, § 7, provided that: "The applicability of Reorganization Plan Numbered 1 of 1958 (23 F.R. 4991) shall extend to any amendment of this Act [section 2251-2284, 2286 and 2291-2297 of this Appendix] except as otherwise expressly provided in such amendment."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2252 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix. § 2252. Definitions.

As used in this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix]

(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 (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 [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix], 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. (Jan. 12, 1951, ch. 1228, § 3, 64 Stat. 1246.)

TRANSFER OF FUNCTIONS

Functions of the Federal Civil Defense Administration were transferred to the President of the United States by section 1 of 1958 Reorg. Plan No. 1, eff. July 1, 1958, 23 FR. 4991, 72 Stat. 1799, as amended, set out as a note under section 2271 of this Appendix, and the Federal Civil Defense Administration was consolidated with the Office of Defense Mobilization to form the Office of Emergency Preparedness in the Executive Office of the President.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2251, 2253 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix.

§ 2253. Administrative authority.

For the purpose of carrying out his powers and duties under this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix], the Administrator is authorized to

(a) employ civilian personnel for duty in the United States, including the District of Columbia, or elsewhere, subject to the civil-service laws, and to fix the compensation of such personnel in accordance with the Classification Act of 1949, as amended;

(b) employ not more than one hundred such parttime or temporary advisory personnel (including not to exceed twenty-five subjects of the United Kingdom and the Dominion of Canada) as are deemed necessary in carrying out the provisions of this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix]. Persons holding other offices or positions under the United States for which they receive compensation, while serving as members of such committees, shall receive no additional compensation for such service. Other members of such committees and other part-time or temporary advisory personnel so employed may serve without compensation or may receive compensation at a

rate not to exceed $50 for each day of service, as determined by the Administrator;

(c) utilize the services of Federal agencies and, with the consent of any State or local government, accept and utilize the services of State and local civil agencies; establish and utilize such regional and other offices as may be necessary; utilize such voluntary and uncompensated services by individuals or organizations as may from time to time be needed; and authorize the States to establish and organize such individuals and organizations into units to be known collectively as the United States Civil Defense Corps: Provided, That the members of such corps shall not be deemed by reason of such membership to be appointees or employees of the United States;

(d) notwithstanding any other provisions of law, accept gifts of supplies, equipment, and facilities; and utilize or distribute same for civil defense purposes in accordance with the provisions of this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix];

(e) reimburse any Federal agency for any of its expenditures or for compensation of its personnel and utilization or consumption of its materials and facilities under this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix] to the extent funds are available;

(f) purchase such printing, binding, and blankbook work from public, commercial, or private printing establishments or binderies as he may deem necessary upon orders placed by the Public Printer or upon waivers issued in accordance with section 12 of the Printing Act approved January 12, 1895, as amended [section 504 of Title 44); and

(g) prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix], and, without being relieved of his responsibility therefor, perform any of the powers and duties vested in him through or with the aid of such officials of the Administration as he may designate.

(h) when, after reasonable notice and opportunity for hearing to the State, or other person, he finds that there is a failure to expend funds in accordance with the regulations, terms, and conditions established under this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix] for approved civil defense plans, programs, or projects, notify such State or person that further payments will not be made to the State or person from appropriations under this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix] (or from funds otherwise available for the purposes of this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix] for any approved plan, program, or project with respect to which there is such failure to comply) until the Administrator is satisfied that there will no longer be any such failure. Until he is so satisfied, the Administrator shall either withhold the payment of any financial contribution to such State or person, or limit payments to those programs or projects with respect to which there is substantial compliance with the regulations, terms, and conditions

governing plans, programs, or projects hereunder: Provided, That person as used in this subsection, means the political subdivision of any State or combination or group thereof; or any interstate civil defense authority established pursuant to subsection 201(g) [section 2281(g) of this Appendix]; or any person, corporation, association, or other entity of any nature whatsoever, including but not limited to, instrumentalities of States and political subdivisions. (Jan. 12, 1951, ch. 1228, title IV, § 401, 64 Stat. 1254; June 28, 1955, ch. 189, § 12(c) (2), 69 Stat. 180; Aug. 8, 1958, Pub. L. 85-606, § 5, 72 Stat. 534; Aug. 19, 1964, Pub. L. 88-448, title IV, § 402(a) (30), 78 Stat. 494.)

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (a), are classified generally to Title 5, Government Organization and Employees.

The Classification Act of 1949, as amended, referred to in the text, is classified to chapter 51 and subsection III of chapter 53 of Title 5.

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-448 repealed provisions which read "and, notwithstanding the provisions of any other law, except those imposing restrictions upon dual compensation, employ, in a civilian capacity, with the approval of the President, not to exceed twenty-five retired personnel of the armed services on a full- or parttime basis without loss or reduction of or prejudice to their retired status." See section 3101 et seq. of Title 5, Executive Departments and Government Officers and Employees.

1958-Subsec. (h). Pub. L. 85-606 added subsec. (h). 1955-Subsec. (a). Act June 28, 1955 repealed provisions authorizing the Administrator to place twenty-two positions in grades 16, 17, and 18 of the General Schedule established by the Classification Act of 1949.

EFFECTIVE DATE OF 1964 AMENDMENT Amendment of section by Pub. L. 88-448 was effective on the first day of the first month which begins later than the ninetieth day following Aug. 19, 1964 pursuant to section 403 of Pub. L. 88-448.

EFFECTIVE DATE OF 1955 AMENDMENT Amendment of this section by act June 28, 1955, was effective on June 28, 1955.

TRANSFER OF FUNCTIONS

Functions of the Federal Civil Defense Administration were transferred to the President of the United States by section 1 of 1958 Reorg. Plan No. 1, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended, set out as a note under section 2271 of this Appendix, and the Federal Civil Defense Administration was consolidated with the Office of Defense Mobilization to form the Office of Emergency Preparedness in the Executive Office of the President.

EX. ORD. No. 10242. REGULATIONS GOVERNING EXERCISE OF CERTAIN ADMINISTRATIVE AUTHORITY

Ex. Ord. No. 10242, May 8, 1951, 16 F.R. 4267, as amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 28, 1962, 27 F.R. 9683, provided:

PART I

SECTION 101. (a) The authority conferred by subsection 401(b) of the Act [subsection (b) of this section], to employ not more than 100 such part-time or temporary advisory personnel (including not to exceed 25 subjects of the United Kingdom and the Dominion of Canada) as are deemed necessary in carrying out the provisions of the Act [sections 2251-2284, 2286 and 2291-2297 of this Appendix], and by subsection 401 (c) of the Act [subsection (c) of this section] to utilize such voluntary and uncompensated services by individuals as may from time to time be needed, shall be exercised by the delegate of the President in accordance with the regulations set forth

(b) In the exercise of such authority the delegate of the President shall be guided by the following policies:

(1) So far as possible, Federal operations under the Act [sections 2251-2284, 2286 and 2291-2297 of this Appendix] shall be carried on by full-time, salaried employees of the Government, and appointments under this authority shall be limited to advisory or consultative positions only.

(2) Appointments to positions other than advisory or consultative shall be made only when the requirements of the position are such that the incumbent must personally possess outstanding experience and ability not obtainable on a full-time, salaried basis.

(3) In the appointment of personnel and in the assignment of their duties, the delegate of the President shall take steps to avoid, to as great an extent as possible, any conflict between the governmental duties and the private interests of such personnel.

(c) Insofar as it relates to personnel employed at the regional or local levels, the authority conferred by subsection 401(c) of the Act [subsection (c) of this section] to utilize voluntary and uncompensated services shall not be subject to the policies prescribed in subsection (b) hereof. Such authority may not be exercised, however, to fill positions at the regional or local levels subject to the Classification Act of 1949, as amended [chapter 21 of Title 5], unless in any particular instance the delegate of the President makes the determinations specified in section 102 hereof.

(d) Insofar as it relates to personnel employed in posttions subject to the Classification Act of 1949, as amended [chapter 21 of Title 5], the authority conferred by subsection 401 (c) of the Act [subsection (c) of this section] to utilize voluntary and uncompensated services shall not be redelegated by the delegate of the President.

SEC. 102. Appointments of individuals, under the authority conferred by subsection 401 (c) of the Act [subsection (c) of this section] to utilize voluntary or uncompensated services, to positions other than advisory or consultative (except such appointments to positions at the regional or local levels other than positions subject to the Classification Act of 1949, as amended [chapter 21 of Title 5]), shall be supported by written certification by the delegate of the President:

(a) That the appointment is necessary and appropriate in order to carry out the provisions of the Act [sections 2251-2284, 2286 and 2291-2297 of this Appendix];

(b) That the duties of the position to which the appointment is being made require outstanding experience and ability;

(c) That the appointee has the outstanding experience and ability required by the position; and

(d) That the delegate of the President has been unable to obtain a person with the qualifications necessary for the position on a full-time, salaried basis.

SEC. 103. With respect to appointments made under the authority conferred by subsections 401 (b) and (c) of the Act [subsections (b) and (c) of this section] specified in section 101(a) of this order (except such appointments to positions at the regional or local levels other than positions subject to the Classification Act of 1949. as amended [chapter 21 of Title 5]), the delegate of the President shall file with the Division of the Federal Register (for public inspection but not for publication) a statement including the name of the appointee, the section of the Act [sections 2251-2284, 2286 and 2291-2297 of this Appendix] under which he was appointed, the title of his position, and the name of his private employer.

SEC. 104. All appointments under the authority conferred by subsections 401 (b) and (c) of the Act [subsections (b) and (c) of this section], specified in section 101 (a) of this order shall be made under the terms of this part after the date of this order, and the appointments heretofore made under such authority shall be deemed for all purposes to have been made under this order upon compliance with the provisions of sections 102 and 103 of this part.

SEC. 105. At least once every three months, the Chairman of the United States Civil Service Commission shall survey appointments made under this part and shall report his findings to the President and make such recom

SEC. 106. Any person employed under the authority conferred by subsections 401 (b) or (c) of the Act [subsections (b) and (c) of this section] specified in section 101(a) of this order is hereby exempted, with respect to such employment, from the operation of sections 281, 283, 284, 434, and 1914 of Title 18, United States Code, and section 190 of the Revised Statutes (5 U.S.C. 99) [now covered by section 207 of Title 18], except as specified in the following subsections:

(a) Exemption hereunder shall not extend to the negotiation or execution, by an appointee under the Act [sections 2251-2284, 2286 and 2291-2297 of this Appendix], of Government contracts with the private employer of such appointee or with any corporation, joint stock company, association, firm, partnership, or other entity in the pecuniary profits or contracts of which the appointee has any direct or indirect interest.

(b) In the case of personnel employed under subsection 401(b) of the Act [subsection (b) of this section], and of personnel other than those employed at the regional or local levels in positions not subject to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5], under subsection 401 (c) of the Act [subsection (c) of this section], exemption hereunder shall not extend to the prosecution by the appointee, or participation by the appointee in any fashion in the prosecution, of any claim against the Government involving any matter concerning which the appointee had any responsibility during his employment under this order, during the period of such employment and the further period of two years after the termination of such employment. In the case of personnel employed at the regional or local levels in positions not subject to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5], under subsection 401(c) of the Act [subsection (c) of this section], exemption hereunder shall not extend to the prosecution by the appointee, or participation by the appointee in any fashion in the prosecution, of any claim against the Government growing out of any matter with respect to which the appointee was personally concerned in his official capacity during his employment under this order, during the period of such employment and the further period of two years after the termination of such employment.

(c) In the case of personnel employed under subsection 401 (c) of the Act [subsection (c) of this section], other than those employed at the regional or local levels in positions not subject to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 51 of Title 5], exemption hereunder shall not extend to the receipt or payment of salary in connection with the appointee's Government service hereunder from any source other than the private employer of the appointee at the time of his appointment hereunder.

(d) Exemption from sections 434 and 1914 of Title 18, United States Code, shall not extend to persons employed under subsection 401 (b) of the Act [subsection (b) of this section].

SEC. 107. The words "the delegate of the President" as used in this order:

(1) In respect of functions under the Act delegated or otherwise assigned to the Secretary of Defense, mean the Secretary of Defense.

(2) In respect of functions delegated or otherwise assigned to the Director of the Office of Emergency Planning, mean the Director of the Office of Emergency Planning.

SEC. 108. The authority conferred by Section 401(a) of the Act [subsec. (a) of this section] to employ part-time or temporary advisory personnel deemed necessary in carrying out the provisions of the Act, and delegated by the provisions of Section 101 (a) of this order, shall be available as follows:

(1) To the Secretary of Defense in respect of not to exceed eighty personnel (including not to exceed twenty subjects of the United Kingdom and Canada), and (2) to the Director of the Office of Emergency Planning in respect of not to exceed twenty personnel (including not to exceed five subjects of the United Kingdom and Canada).

SEC. 109. The relevant provisions of this Part shall be subject to the provisions of the Memorandum of the President, pertaining to conflicts of interest, dated February 9, 1962 (27 F.R. 1341ff.).

PART II

SEC. 201. The authority conferred by that portion of subsection 401(c) of the Act [subsection (c) of this section] which authorities the utilization of the services of Federal agencies may be exercised by the delegate of the President in such manner, in accordance with his own discretion, as shall best serve to carry out the purposes of the Act [sections 2251-2284, 2286 and 2291-2297 of this Appendix], subject only to his obtaining the consent of the head of the Federal agency whose services are desired to be utilized.

PART III

SEC. 301. The authority conferred by subsection 401 (c) of the Act [subsection (c) of this section], except that portion of the said subsection which authorizes the utilization of such voluntary and uncompensated services by individuals as may from time to time be needed. and that portion of the said subsection which authorizes the utilization of the services of Federal agencies, may be exercised by the delegate of the President in such manner, in accordance with his own discretion, as shall best serve to carry out the purposes of the Act [sections 22512284, 2286 and 2291-2297 of this Appendix].

PART IV

SEC. 401. The approval of the President is hereby given for the employment of retired personnel of the armed services, pursuant to the provisions of subsection 401(a) of the Act as follows: (1) By the Secretary of Defense, not to exceed twenty persons, and (2) by the Director of the Office of Emergency Planning [now the Office of Emergency Preparedness], not to exceed five persons.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2251, 2252, 2254 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix; title 40 section 484.

§ 2254. Exemption from certain employment restrictions.

The authority granted in subsections 401 (b) and (c) [section 2253 (b), (c) of this Appendix] shall be exercised in accordance with regulations of the President who may also provide by regulation for the exemption of persons employed or whose services are utilized under the authority of said subsections from the operation of sections 281, 283, 284, 434, and 1914 of Title 18 and section 190 of the Revised Statutes [now covered by section 207 of Title 5]. (Jan. 12, 1951, ch. 1228, title IV, § 402, 64 Stat. 1255.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2251 to 2253, 2255 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix.

§ 2255. Security regulations; oath.

(a) The Administrator shall establish such security requirements and safeguards, including restrictions with respect to access to information and property as he deems necessary. No employee of the Administration shall be permitted to have access to information or property with respect to which access restrictions have been established under this section, until it shall have been determined that no information is contained in the files of the Federal Bureau of Investigation or any other investigative agency of the Government indicating that such employee is of questionable loyalty or reliability for security purposes, or if any such information is so disclosed, until the Federal Bureau of Investigation