shall have conducted a full field investigation concerning such person and a report thereon shall have been evaluated in writing by the Administrator. No such employee shall occupy any position determined by the Administrator to be of critical importance from the standpoint of national security until a full field investigation concerning such employee shall have been conducted by the Civil Service Commission and a report thereon shall have been evaluated in writing by the Administrator. In the event such full field investigation by the Civil Service Commission develops any data reflecting that such applicant for a position of critical importance is of questionable loyalty or reliability for security purposes, or if the Administrator for any other reason shall deem it to be advisable, such investigation shall be discontinued and a report thereon shall be referred to the Administrator for his evaluation in writing. Thereafter the Administrator may refer the matter to the Federal Bureau of Investigation for the conduct of a full field investigation by such Bureau. The result of such latter investigation by such Bureau shall be furnished to the Administrator for his action.

(b) Each Federal employee of the Administration, except the subjects of the United Kingdom and the Dominion of Canada specified in section 401 (b) of this Act [section 2253 (b) of this Appendix], shall execute the loyalty oath or appointment affidavits prescribed by the Civil Service Commission. Each person other than a Federal employee who is appointed to serve in a State or local organization for civil defense shall before entering upon his duties, take an oath in writing before a person authorized to administer oaths, which oath shall be substantially as follows:

"I,

do solemnly swear (or affirm), that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

"And I do further swear (or affirm) that I do not advocate, nor am I a member or an affiliate of any organization, group, or combination of persons that advocates the overthrow of the Government of the United States by force or violence; and that during such time as I am a member of the (name of civil defense organization), I will not advocate nor become a member or an affiliate of any organization, group, or combination of persons that advocates the overthrow of the Government of the United States by force or violence."

After appointment and qualification for office, the director of civil defense of any State, and any subordinate civil defense officer within such State designated by the director in writing, shall be qualified to administer any such oath within such State under such regulations as the director shall prescribe. Any person who shall be found guilty of having falsely taken such oath shall be punished as provided in section 1621 of Title 18. (Jan. 12, 1951, ch. 1228, title IV, § 403, 64 Stat. 1255; Mar. 5, 1952, ch. 78, § 1 (b), 66 Stat. 13.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2251 to 2254, 2256 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix.

§ 2256. Transfer of certain functions, property, and personnel.

The functions, property, and personnel of the Federal Civil Defense Administration established by Executive Order Numbered 10186, issued December 1, 1950 [set out as a note under section 2271 of this Appendix], are transferred to the Administration establishd by this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix], and the President may transfer to the Administration such functions, property, and personnel of the National Security Resources Board concerned with civil defense activities as he deems necessary to carry out the purposes of this Act [said sections]. (Jan. 12, 1951, ch. 1228, title IV, § 404, 64 Stat. 1256.)

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 by Pub. L. 85-763, Aug. 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.

ABOLITION OF BOARD

National Security Resources Board was abolished and functions of the Chairman of the Board, with certain exceptions, transferred to the Director of the Office of Defense Mobilization, by sections 2(a), 6 of 1953 Reorg. Plan No. 3, eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634, set out as a note under section 404 of title 50, War and National Defense.

Ex. ORD. No. 10222. PROVISIONS FOR TRANSFER Ex. Ord. No. 10222, Mar. 12, 1951, 16 F. R. 2247, provided: By virtue of the authority vested in me by section 404 of the Federal Civil Defense Act of 1950 (Public Law 920, 81st Congress) [this section], and as President of the United States, it is ordered as follows:

1. So much of the health services and special weapons defense functions now being performed by the Health Resources Office of the National Security Resources Board as relates to civil defense is hereby transferred to the Federal Civil Defense Administration and shall remain under the jurisdiction of the Federal Civil Defense Administrator until further order of the President.

2. There shall be transferred to the Federal Civil Defense Administration such of the property and records of the National Security Resources Board as relate, as determined jointly by the Chairman of the National Security Resources Board and the Federal Civil Defense Administrator, to the functions transferred by the provisions of paragraph 1 of this order or to other functions now vested in the Federal Civil Defense Administration, and such of the personnel of the Health Resources Office of the National Security Resources Board as the said Chairman and Administrator shall jointly determine to

be engaged primarily in the performance of the said transferred functions.

3. This order shall be effective as of March 4, 1951.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2251 to 2255, 2257 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix.

§2257. Utilization of existing facilities.

In performing his duties, the Administrator shall (1) cooperate with the various departments and agencies of the Government; (2) utilize to the maximum extent the existing facilities and resources of the Federal Government, and, with their consent, the facilities and resources of the States and local political subdivisions thereof, and of other organizations and agencies; and (3) refrain from engaging in any form of activity which would duplicate or parallel activity of any other Federal department or agency unless the Administrator, with the written approval of the President, shall determine that such duplication is necessary to accomplish the purposes of this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix]. (Jan. 12, 1951, ch. 1228, title IV, § 405, 64 Stat. 1256.)

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 to 2256, 2258 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix; title 40 section 484.

§2258. Reports to Congress.

The Administrator shall annually submit a written report to the President and the Congress covering expenditures, contributions, work, and accomplishments of the Administration, pursuant to this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix], accompanied by such recommendations as he shall deem appropriate. (Jan. 12, 1951, ch. 1228, title IV, § 406, 64 Stat. 1256.)

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 to 2257, 2259 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix.

§2259. Applicability of civil defense provisions.

The provisions of this Act [sections 2251-2284, 2286 and 2291 to 2297 of this Appendix] shall be applicable to the United States, its States, Territories and possessions, and the District of Columbia, and their political subdivisions. (Jan. 12, 1951, ch. 1228, title IV, § 407, 64 Stat. 1256.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2251 to 2258, 2260 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix.

§ 2260. Appropriations and transfers of funds.

There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix]. Funds made available for the purposes of this Act [said sections] may be allocated or transferred for any of the purposes of this Act [said sections], with the approval of the Bureau of the Budget, to any agency or Government corporation designated to assist in carrying out this Act [said sections]: Provided, That each such allocation or transfer shall be reported in full detail to the Congress within thirty days after such allocation or transfer: Provided further, That appropriations for the payment of travel and per diem expenses for students under section 101(e) [section 2281(e) of this Appendix] shall not exceed $300,000 per annum; appropriations for expenditures under the fourth proviso of section 201 (h) [section 2281 (h) of this Appendix] (donation of radiological instruments, et cetera) shall not exceed $35,000,000 per annum; appropriations for contribution to the States for personal equipment for State and local workers, under section 201(i) [section 2281(i) of this Appendix] shall not exceed $2,000,000 per annum; appropriations for contributions to the States for personnel and administrative expenses under section 205 [section 2286 of this Appendix] shall not exceed $25,000,000 per annum. (Jan. 12, 1951, ch. 1228, title IV, § 408, 64 Stat. 1257; Aug. 8, 1958, Pub. L. 85-606, § 6, 72 Stat. 534.)

AMENDMENTS

1958-Pub. L. 85-606 prescribed limitations for appropriations for the payment of travel and per diem expenses for students, for expenditures under the fourth proviso of section 2281 (h) of this Appendix, for contributions for personal equipment for State and local workers, and for appropriations for contributions for personnel and administrative expenses under section 2286 of this Appen

dix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2251 to 2259, 2261 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix.

§ 2261. Loans from Reconstruction Finance Corporation; increase in loan authority of Reconstruction Finance Corporation.

To aid in carrying out the purposes of this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix], the Administrator is authorized to certify to the Reconstruction Finance Corporation as to the necessity under its Civil Defense Program of purchasing securities or making a loan or loans (including participations therein and guarantees thereof) for the purpose of aiding in financing projects for civil defense purposes, and the Reconstruction Finance Corporation upon such certification by the Administrator is authorized to purchase such securities or to make such loan or loans (including participations therein and guarantees thereof) with maturities not to exceed fifty years and on such terms and conditions as the Corporation may determine except that any such purchases of securities or loans may be made only to the extent that financing

is not otherwise available on reasonable terms. The total amount of loans, purchases, participations, and guarantees, made pursuant to this section shall not exceed $250,000,000 outstanding at any one time. The total amount of investments, loans, purchases, and commitments authorized by law to be made by the Reconstruction Finance Corporation is increased by such sum. (Jan. 12, 1951, ch. 1228, title IV, § 409, 64 Stat. 1257.)

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.

Functions of the Secretary of the Treasury under the Reconstruction Finance Corporation Liquidation Act [July 30, 1953, ch. 282, Title I, 67 Stat. 230] with respect to certain specified matters were transferred by 1954 Reorg. Plan No. 2, eff. July 1, 1954, 19 F. R. 3986, set out as a note under section 609 of Title 15, Commerce and Trade.

Act July 30, 1953, ch. 282, title I, § 104, 67 Stat. 231, provided that: "Effective on the sixtieth day after the date of enactment of this Act [July 30, 1953], all functions, powers, duties, and authority of the Reconstruction Finance Corporation under section 409 of the Federal Civil Defense Act of 1950 [this section], together with those assets, funds, contracts, loans, liabilities, commitments, authorizations, allocations, personnel, and records of the Reconstruction Finance Corporation which the Director of the Bureau of the Budget shall determine to be primarily related to, and necessary for, the exercise of such functions, powers, duties, and authority, are transferred to the Secretary of the Treasury, and shall be performed, exercised, and administered by the Secretary in accordance with the provisions of such Act [sections 2251-2284, 2286 and 2291-2297 of this Appendix]."

For short title of Title I of act July 30, 1953, quoted in part above, see note under section 603 of Title 15, Trade and Commerce; and for authorization of appropriations for carrying out purposes of the Act, and separability of provisions thereof, see notes under section 631 of such title.

ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Section 6 (a) of 1957 Reorg. Plan No. 1, eff. June 30, 1957, 22 F. R. 4633, 71 Stat., set out as a note under section 601 of Title 15, Commerce and Trade, abolished the Reconstruction Finance Corporation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2251 to 2260, 2262 to 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix.

§ 2262. Atomic Energy Act of 1946 unaffected.

Nothing in this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix] shall be construed to amend or modify the provisions of the Atomic Energy Act of 1946, as amended [chapter 23 of Title 42]. (Jan. 12, 1951, ch. 1228, title IV, § 410, 64 Stat. 1257.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2251 to 2261, 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix.

§ 2263. Investigation of espionage, sabotage, or subversive acts.

Nothing in this Act [sections 2251 to 2284, 2286 and 2291 to 2297 of this Appendix] shall be construed to authorize investigations of espionage, sabotage, or subversive acts by any persons other than personnel

of the Federal Bureau of Investigation. (Jan. 12, 1951, ch. 1228, title IV, § 411, 64 Stat. 1257.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2251 to 2262, 2263, 2271, 2272, 2281 to 2284, 2291 to 2297 of this Appendix. § 2264. Establishment of "Civil defense procurement fund"; uses; charges against fund.

There is established a working capital of $5,000,000 for the "Civil defense procurement fund", which is established for the purpose of financing the procurement, by the Administrator, of materials or organizational equipment for which financial contributions to the States are otherwise authorized to be made on a matching basis by subsection (i) of section 2281 of this Appendix. Said fund shall be charged with the purchase price of said materials or equipment, and shall be paid therefor in advance, or by reimbursement, in equal amounts from (1) applicable appropriations and (2) funds provided by the States. Such materials or organizational equipment may be delivered to any State, and the Federal share of the purchase price of materials or organizational equipment so delivered shall be in lieu of (June equivalent financial contributions therefor.

2, 1951, ch. 121, ch. XI, 65 Stat. 61.)

CODIFICATION

Section enacted as a part of the Third Supplemental Appropriation Act, 1951, and not as a part of the Federal Civil Defense Act of 1950, which comprises sections 2251-2297 of this Appendix.

TITLE II-ORGANIZATION OF ADMINIS

TRATION

§ 2271. Federal Civil Defense Administration.
(a) Establishment; appointment of Administrator.

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) Deputy Administrator; appointment; duties.

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 prescribe and shall act for, and exercise the shall perform such functions as the Administrator powers and perform the duties of, the Administrator during his absence or disability.

(c) Administrator subject to Presidential control.

The Administrator shall perform his functions subject to the direction and control of the President. (Jan. 12, 1951, ch. 1228, title I, § 101, 64 Stat. 1247.)

CODIFICATION

Provisions of subsecs. (a) and (b) of this section which prescribed the compensation of the Administrator and the Deputy Administrator were omitted. See sections 5314, 5315, and 5316 of Title 5, Government Organization and Employees, for compensation of Director, Deputy Director. and Assistant Directors, of Office of Emergency Prepared

ness.

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 this section. The Plan created a new agency in the Executive Office of the President known as the Office of Emergency Preparedness.

REORGANIZATION PLAN NO. 1 OF 1958

Eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended Pub. L. 85-763, Aug. 26, 1958, 72 Stat. 861; Pub. L. 87-296, § 1, Sept. 22, 1961, 75 Stat. 630; Pub. L. 87-367, title I, § 103(10), Oct. 4, 1961, 75 Stat. 788; Pub. L. 88-426, title III, § 305 (11), Aug. 14, 1964, 78 Stat. 423; Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194.

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 24, 1958, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see section 901 et seq. of Title 5, Government Organization and Employees].

CIVILIAN MOBILIZATION

SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT (a) There are hereby transferred to the President of the United States all functions vested by law (including reorganization plan) in the following: The Office of Defense Mobilization, the Director of the Office of Defense Mobilization, the Federal Civil Defense Administration, and the Federal Civil Defense Administrator.

(b) The President may from time to time delegate any of the functions transferred to him by subsection (a) of this section to any officer, agency, or employee of the executive branch of the Government, and may authorize such officer, agency, or employee to redelegate any of such functions delegated to him.

SEC. 2. OFFICE OF EMERGENCY PREPAREDNESS (a) Subject to the provisions of this reorganization plan, the Office of Defense Mobilization and the Federal Civil Defense Administration are hereby consolidated to form a new agency in the Executive Office of the President which shall be known as the Office of Emergency Preparedness, hereinafter referred to as the "Office". (b) There shall be at the head of the Office a Director of the Office of Emergency Preparedness, who shall be appointed by the President by and with the advice and consent of the Senate.

(c) There shall be in the Office a Deputy Director of the Office of Emergency Preparedness, who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions as shall be delegated or assigned to him pursuant to the provisions of this reorganization plan, and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the office of Director.

(d) There shall be in the Office three Assistant Directors of the Office of Emergency Preparedness, each of whom shall be appointed by the President by and with the advice and consent of the Senate, and shall perform such functions as shall be delegated or assigned to him pursuant to the provisions of this reorganization plan.

(e) The Office and the Director thereof shall perform such functions as the President may from time to time delegate or assign thereto. The said Director may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, or by any agency or employee, of the Office of any function delegated or assigned to the Office or to the Director.

SEC. 3. REGIONAL DIRECTORS

There are hereby established in the Office so many new positions, not in excess of ten existing at any one time, with the title "Regional Director", as the Director of the Office shall from time to time determine. Each Regional Director shall be appointed under the classified civil service, shall be the head of a regional office of the Office of Emergency Preparedness, shall perform such functions appropriate to such regional office as may be delegated or assigned to him pursuant to the provisions of this reorganization plan, and shall receive compensation which shall be fixed from time to time pursuant to the classification laws as now or hereafter amended.

SEC. 4. MEMBERSHIP ON NATIONAL SECURITY COUNCIL The functions of the Director of the Office of Defense Mobilization with respect to being a member of the National Security Council are excluded from the scope of the provisions of section 1(a) of this reorganization plan and are hereby transferred to the Director of the Office of Emergency Preparedness.

SEC. 5. CIVIL DEFENSE ADVISORY COUNCIL

The Civil Defense Advisory Council, created by section 102(a) of the Federal Civil Defense Act (50 U.S.C. App. 2272 (a)) (section 2272 (a) of this Appendix], together with its functions, is hereby transferred to the Office of Emergency Preparedness.

SEC. 6. ABOLITIONS

The offices of Federal Civil Defense Administrator and Deputy Administrator provided for in section 101 of the Federal Civil Defense Act (50 U.S.C. App. 2271) (this section] and the offices of the Director of the Office of Defense Mobilization and Deputy Director of the Office of Defense Mobilization provided for in section 1 of Reorganization Plan Numbered 3 of 1953 (67 Stat. 634) are hereby abolished. The Director of the Office of Emergency Preparedness shall make such provisions as may be necessary in order to wind up any outstanding affairs of the offices abolished by this section which are not otherwise provided for in this reorganization plan.

SEC. 7. RECORDS, PROPERTY, PERSONNEL, AND FUNDS (a) The records, property, personnel, and unexpended balances, available or to be made available, of appropriations, allocations, and other funds of the Office of Defense Mobilization and of the Federal Civil Defense Administration shall, upon the taking effect of the provisions of this reorganization plan, become records, property, personnel, and unexpended balances of the Office of Emergency Preparedness.

(b) Records, property, personnel, and unexpended balances, available or to be made available, of appropriations, allocations, and other funds of any agency (including the Office of Emergency Preparedness), relating to functions vested in or delegated or assigned to the Office of Defense Mobilization or the Federal Civil Defense Administration immediately prior to the taking effect of the provisions of this reorganization plan, may be transferred from time to time to any other agency of the Government by the Director of the Bureau of the Budget [now the Office of Management and Budget] under authority of this subsection for use, subject to the provisions of the Reorganization Act of 1949, as amended, in connection with any of the said functions authorized at time of transfer under this subsection to be performed by the transferee agency.

(c) Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in connection with the provisions of subsections (a) and (b) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.

SEC. 8. INTERIM PROVISIONS

The President may authorize any person who immediately prior to the effective date of this reorganization plan holds an office abolished by section 6 hereof to hold any office established by section 2 of this reorganization plan until the latter office is filled pursuant to the said section 2 or by recess appointment, as the case may be, but in no event for any period extending more than onenundred-and-twenty days after the said effective date.

SEC. 9. EFFECTIVE DATE

The provisions of this reorganization plan shall take effect at the time determined under the provisions of section 6(a) of the Reorganization Act of 1949, as amended [section 906 (a) of Title 5], or on July 1, 1958, whichever is later.

EXECUTIVE ORDER NO. 10773

Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061, as amended by Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971, as a note under this section, which related to the delegation and transfer of functions to the Office of Civil and Defense Mobilization, was superseded by Ex. Ord. No.

11051, Sept. 28, 1962, 27 F.R. 9683, set out as a note under this section.

EXECUTIVE ORDER NO. 10902

Ex. Ord. No. 10902, Jan. 11, 1961, 26 F.R. 217, which related to the issuance of emergency preparedness orders, was superseded by Ex. Ord. No. 11051, Sept. 7, 1962, 27 F.R. 9683, set out as a note under this section.

EX. ORD. No. 10952. ASSIGNMENT OF CIVIL DEFENSE RESPONSIBILITIES

Ex. Ord. No. 10952, July 20, 1961, 26 F.R. 6577, as amended by Ex. Ord. No. 11051, Sept. 28, 1962, 27 F.R. 9683, provided:

WHEREAS the possibility of enemy attack upon the United States must be taken into account in developing our continental defense program; and

WHEREAS following a thorough review and consideration of our military and nonmilitary defense activities, I have concluded that adequate protection of the civilian population requires a substantial strengthening of the Nation's civil defense capability; and

WHEREAS the rapid acceleration of civil defense activities can be accomplished most effectively and efficiently through performance by the regular departments and agencies of government of those civil defense functions related to their established roles and capabilities; and

WHEREAS I have concluded that the undertaking of greatly accelerated civil defense activities, including the initiation of a substantial shelter program, requires new organizational arrangements;

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and Commanderin-Chief of the armed forces of the United States, including the authority contained in the Federal Civil Defense Act of 1950, as amended [section 2251 et seq. of this Appendix], and other authorities of law vested in me pursuant to Reorganization Plan No. 1 of 1958 [set out as a note under this section], it is hereby ordered as follows:

SECTION 1. Delegation of authority to the Secretary of Defense. (a) Except as hereinafter otherwise provided and as is reserved to the Office of Emergency Planning in section 2 of this order, the Secretary of Defense is delegated all functions (including as used in this order, powers, duties, and authority) contained in the Federal Civil Defense Act of 1950, as amended (hereinafter referred to as the Act), vested in me pursuant to Reorganization Plan No. 1 of 1958 (72 Stat. 1799), subject to the direction and control of the President. Such functions to be performed by the Secretary of Defense, working as necessary or appropriate through other agencles by contractual or other agreements, as well as with State and local leaders, shall include but not be limited to the development and execution of:

(1) a fallout shelter program;

(11) a chemical, biological and radiological warfare defense program;

(111) all steps necessary to warn or alert Federal military and civilian authorities, State officials and the civilian population;

(iv) all functions pertaining to communications, including a warning network, reporting on monitoring, instructions to shelters and communications between authorities;

(v) emergency assistance to State and local governments in a postattack period, including water, debris, fire, health, traffic police and evacuation capabilities:

(vi) protection and emergency operational capability of State and local government agencies in keeping with plans for the continuity of government; and

(vii) programs for making financial contributions to the States (including personnel and administrative expenses) for civil defense purposes.

(b) In addition to the foregoing, the Secretary shall: (1) develop plans and operate systems to undertake a nationwide postattack assessment of the nature and extent of the damage resulting from enemy attack and the surviving resources including systems to monitor and report specific hazards resulting from the detonation or use of special weapons; and

(11) make necessary arrangements for the donation of Federal surplus property in accordance with section 203

(1) (4) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 484 (j) (4)), subject to applicable limitations. SEC. 2 Civil defense responsibilities of the Office of Emergency Planning. The Director of the Office of Emergency Planning shall

(a) advise and assist the President in:

(1) determining policy for, planning, directing and coordinating, including the obtaining of information from all departments and agencies, the total civil defense program;

(ii) reviewing and coordinating the civil defense activities of the Federal departments and agencies with each other and with the activities of the States and neighboring countries in accordance with section 201(b) of the Act [section 2281(b) of this Appendix],

(iii) determining the appropriate civil defense roles of Federal departments and agencies, and enlisting State, local and private participation, mobilizing national support, evaluating progress of programs, and preparing reports to the Congress relating to civil defense matters;

(iv) helping and encouraging the States to negotiate and enter into interstate civil defense compacts and enact reciprocal civil defense legislation in accordance with section 201(g) of the Act [section 2281(g) of this Appendix], and

(v) providing all practical assistance to States in arranging, through the Department of State, mutual civil defense aid between the States and neighboring countries in accordance with section 203 of the Act [section 2283 of this Appendix].

(b) develop plans, conduct programs and coordinate preparations for the continuity of Federal governmental operations in the event of attack; and

(c) develop plans, conduct programs and coordinate preparations for the continuity of State and local governments in the event of attack, which plans, programs and preparations shall be designed to assure the continued effective functioning of civilian, political authority under any emergency condition.

SEC. 3. Excluded functions. The following functions of the President under the provisions of the Act are excluded from delegations to the Secretary of Defense made by this order and are reserved to the President:

(a) Those under subsections (h) and (1) of section 201 of the Act (50 U.S.C. App. 2281 (h), (i)) to the extent that they pertain to medical stockpiles and food stockpiles.

(b) Those under the following provision of the Act: Sections 102(a), 201(b), and 402 and Title III [section 2272(a), 2281(b), 2254 and 2291 et seq. of this Appendix].

SEC. 4. Transfer of property facilities, personnel and funds. Subject to applicable law, there shall be hereby transferred to the Secretary of Defense such portion of the property, facilities, and personnel of the Office of Emergency Planning engaged in the performance of the civil defense responsibilities herein assigned to the Secretary of Defense as shall be agreed upon by the Secretary and the Director of the Office of Emergency Planning together with such portions of the funds currently available for those purposes as shall be approved by the Director of the Bureau of the Budget.

SEC. 5. Reports. The Secretary of Defense shall annually submit to the President a written report covering expenditures, contributions, activities, and accomplishments of the Secretary of Defense pursuant to this order. SEC. 6. Redelegation. The Secretary of Defense is hereby authorized to redelegate within the Department of Defense the functions hereinabove delegated to him. SEC. 7. Amendment. The Director of the Office of Emergency Planning is hereby relieved of responsibilities under the Act except as otherwise provided herein, and the provisions of Executive Order No. 10773, as amended [set out as a note under this section], are amended accordingly.

SEC. 8. Prior actions. (a) Except to the extent that they may be inconsistent with the provisions of this order, and except as particular Executive orders or other orders are amended, modified, or superseded by the provisions of this order, all determinations, authorizations, regulations, rulings, certificates, orders (including emergency preparedness orders), directives, contracts, agreements, and other actions made, issued, or entered into