83D CONGRESS 2d Session } SENATE { REPORT No. 1334 REPEALING SECTION 307 OF THE FEDERAL CIVIL DEFENSE ACT OF 1950 MAY 13, 1954-Ordered to be printed Mr. SALTONSTALL, from the Committee on Armed Services, submitted the following REPORT [To accompany H. R. 7308] The Committee on Armed Services, to whom was referred the bill (H. R. 7308) to repeal section 307 of title III of the Federal Civil Defense Act of 1950, as amended, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The bill will repeal section 307 of title III of the Federal Civil Defense Act of 1950, thereby making the standby emergency powers of the Administrator of Civil Defense permanent instead of temporary as is now the case. Section 307 of the act reads as follows: The provisions of this title shall terminate on June 30, 1954, or on such earlier date as may be prescribed by concurrent resolution of the Congress. EXPLANATION OF THE BILL Scope of temporary emergency powers under existing law Title III of the Federal Civil Defense Act relates to the standby emergency powers of the Administrator of Civil Defense. It provides, in part, that in case of attack or imminent attack, the President may proclaim a state of civil-defense emergency, or such an emergency may be declared by a concurrent resolution of the Congress. After such proclamation or declaration, certain emergency powers would come into effect. Some of these emergency powers provide for financial assistance for the temporary relief or aid of any civilians injured, the provision to incur such obligations on behalf of the United States as may be required to meet the civil-defense requirements of an attack, the authority to employ additional personnel without regard to civil-service laws and reimbursement to any State for compensation paid to and transportation for employees, and other authority. The country is seemingly subject to the same type of danger of enemy attack as was the case when Congress enacted the standby emergency powers contained in the Federal Civil Defense Act. As a consequence there is no apparent reason why the Congress should allow this standby authority to expire because, in case of sudden attack, there would be no time for the Congress to legislate in order to reinstate the needed emergency authority. Existing authority is temporary; the need is permanent Title III will expire on June 30, 1954, unless remedial legislative action is taken. The Civil Defense Administration strongly urges that the limitations section be repealed. This would place the emergency standby authority on a permanent basis. If the threat to our national security subsequently lessens to the point where the Congress feels that no standby emergency authority is needed, the Congress can, at that time, repeal such authority. COST AND BUDGET DATA The enactment of the bill would not involve the expenditure of Federal funds. DEPARTMENTAL RECOMMENDATIONS The Federal Civil Defense Administration is in favor of the enactment of the bill and the Bureau of the Budget interposes no objection, as is shown by the following letter: FEDERAL CIVIL DEFENSE ADMINISTRATION, The PRESIDENT OF THE SENATE, United States Senate, Washington 25, D. C. DEAR MR. PRESIDENT: There is enclosed a draft of a proposed bill entitled, “A bill to repeal section 307 of the Federal Civil Defense Act of 1950, as amended," with the request that it be introduced and considered for enactment at the earliest practicable date. The purpose of the proposed measure is to provide for the continuation of the President's present authority to deal with a civil defense emergency, subject to termination at any time by concurrent resolution of the Congress. Under section 307 of the Federal Civil Defense Act, as amended (50 U. S. C. App. 2297), such authority would terminate in any event on June 30, 1954. In approaching the problems of civil defense, the Congress recognized that an attack upon the continental United States with modern weapons of mass destruction would thrust many unprecedented problems of vast magnitude upon our Government. Standby legislation was needed to assure adequate legal authority to cope with the immediate emergency conditions which would result from such attack. Accordingly, in title III of the Federal Civil Defense Act of 1950, the Congress armed the executive branch of our Government with the broad standby authority necessary to meet the civil defense requirements of an attack. Section 301 of such title permits the declaration of a civil-defense emergency whenever an attack on the United States has occurred or is anticipated. The same section also authorizes termination of such an emergency by proclamation of the President or by concurrent resolution of the Congress. Since the title III powers can only be exercised under the criteria of section 301, and since they can be terminated whenever appropriate in the manner indicated, there appears to be no need for retention of section 307. The broad powers contained in title III will be needed in the event of an atomic attack in this country. There will be no time after attack to pass necessary legislation. For civil-defense planning purposes at Federal, State, and local level, it is necessary that there be a clear understanding of the legal authority for necessary action. The existence of standby legislation of this type will permit such planning. Civil-defense plans and preparations must be maintained at a substantial level of readiness for such period of time as any threat to America exists in the world. It is not a program whose emergency requirements will change as international tensions ease. In view of the foregoing, it is requested that section 307 be repealed. Advice has been received from the Bureau of the Budget that there would be no objection to the submission of the proposed legislation to the Congress. Sincerely, KATHERINE G. HOWARD CHANGES IN EXISTING LAW In compliance with subsection 3 of rule XXIX of the Standing Rules of the Senate, there is herewith printed in parallel columns the text of provisions of existing law which would be repealed or amended by the various provisions of the bill: EXISTING LAW (Federal Civil Defense Act of 1950, as TITLE III-EMERGENCY NATIONAL EMERGENCY FOR CIVIL DEFENSE PURPOSES SEC. 301. The provisions of this title shall be operative only during the existence of a state of civil defense emergency (referred to hereinafter in this title as "emergency"). The existence of such emergency may be proclaimed by the President or by concurrent resolution of the Congress if the President in such proclamation, or the Congress in such resolution, finds that an attack upon the United States has occurred or is anticipated and that the national safety therefor requires an invocation of the provisions of this title. Such emergency also shall exist with respect to any designated geographic area or areas of the United States when the President determines that any such attack has been made upon or is anticipated within such area or areas, and directs the Administrator to proceed pursuant to the provisions of this title with respect to such area or areas. Any such emergency shall terminate upon the proclamation of the termination thereof by the President, or the passage by the Congress of a concurrent resolution erminating such emergency. THE BILL That section 307 of the Federal Civil Defense Act of 1950, as amended (50 U. S. C. App. 2297), is hereby repealed. EXISTING LAW UTILIZATION OF FEDERAL DEPARTMENTS AND AGENCIES SEC. 302. During the period of such emergency, under such terms and conditions as to donation, compensation, or return as may be prescribed, and solely for civil defense purposes, the President may direct, after taking into consideration the military requirements of the Department of Defense, any Federal department or agency to provide, and such departments and agencies are hereby authorized to provide (a) their personnel, materials, and facilities to the Administrator for the aid of the States; (b) emergency shelter by construction or otherwise; and (c) on public or private lands, protective and other work essential for the preservation of life and property, for clearing debris and wreckage, and for making emergency repairs to, and temporary replacement of, communications, hospitals, utilities, transportation facilities, or public facilities of States or their political subdivisions damaged or destroyed by attack. EMERGENCY POWERS SEC. 303. During the period of such emergency, the Administrator is authorized to (a) exercise the authority contained in section 201 (h) without regard to the limitation of any existing law, including the provisions of the Act of June 30, 1932, as amended (40 U. S. C. 278a), and section 3709 of the Revised Statutes, as amended (41 U. S. C. 5), and section 3734 of the Revised Statutes, as amended (40 U. S. C. 259 and 267), and the Federal Property and Administrative Services Act of 1949, as amended; (b) sell, lease, lend, transfer, or deliver materials or perform services for civil defense purposes on such terms and conditions as the Administrator shall prescribe and without regard to the limitations of existing law: Provided, That any funds received from the sale or other disposition of materials or for services shall be deposited to the credit of appropriations currently available and made pursuant to this Act and shall be available for expenditure for the purposes of such appropriations; THE BILL EXISTING LAW (c) coordinate and direct, for civil defense purposes, the relief activities of the various departments and agencies of the United States as provided in section 302 hereof; (d) reimburse any State, including any political subdivisions thereof, for the compensation paid to and the transportation, subsistence, and maintenance expenses of any employees while engaged in rendering civil defense aid outside the State and to pay fair and reasonable compensation for the materials of the State government or any political subdivision utilized or consumed outside of the State, including any transportation costs, in accordance with rules and regulations prescribed by the Administrator. As used in this subsection, the term "employees" shall include full- or part-time paid, volunteer, auxiliary, and civil defense workers subject to the order or control of a State government or any political subdivision thereof, and such employees shall not be deemed by reason of such reimbursement to be employees or appointees of the United States; (e) provide financial assistance for the temporary relief or aid of any civilian injured or in want as the result of any attack; and (f) employ temporarily additional personnel without regard to the civil-service laws and to incur such obligations on behalf of the United States as may be required to meet the civil defense requirements of an attack or of an anticipated attack. During the period of any such emergency, the Administrator shall transmit quarterly to the Congress a detailed report concerning all action taken pursuant to this section. IMMUNITY FROM SUIT SEC. 304. The Federal Government shall not be liable for any damage to property or for any death or personal injury occurring directly or indirectly as a result of the exercise or performance of, or failure to exercise or perform any function or duty, by any Federal agency or employee of the Government, in carrying out the provisions of this title during the period of such emergency. Nothing contained in this section shall affect the right of any person to receive any benefit or compensation to which he THE BILL |