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CHAPTER XVIII—OFFICE OF CIVIL DEFENSE, OFFICE
OF THE SECRETARY OF THE ARMY
Part 1800 Definitions. 1801 Contributions for Civil Defense equipment. 1802 Donation of Federal Surplus personal property for Civil Defense purposes. 1803 Procedure for stopping or withholding payments under section 201(i) of
the Federal Civil Defense Act of 1950. 1804 Financial assistance from Reconstruction Finance Corporation for Civil
Defense purposes. 1805 United States Civil Defense Corps. *1806 Official Civil Defense insigne. 1807 Contributions for Civil Defense personnel and administrative expenses. 1808 Labor standards for federally assisted contracts. 1809 Reimbursement toward expenses of students attending OCD schools. 1810 Civil Defense identification for Federal employees, reservists and non
Federal support personnel. 1811 Nondiscrimination in federally assisted programs of the Office of Civil
Defense. 1812 Equal opportunity for employment in federally assisted construction.
PART 1800 _DEFINITIONS Sec. 1800.1 Meaning of terms. 1800.2 Act. 1800.3 Department. 1800.4 Director of Civil Defense. 1800.5 Administrative expenses. 1800.6 Civil Defense. 1800.7 Facilities, 1800.8
OCD. 1800.9 Materials. 1800.10 RFC. 1800.11 State. 1800.12 Critical target area.
AUTHORITY: The provisions of this part 1800 issued under Sec. 401, 64 Stat. 1254, 50 U.S.C. App. 2253; Reorg. Plan No. 1 of 1958,
72 Stat. 1799, 23 F.R. 4991; E.O. 10952, 26 F.R. 6577; 29 F.R. 5017, Apr. 10, 1964.
SOURCE: The provisions of this Part 1800 appear at 16 F.R. 4934, May 25, 1951, unless otherwise noted. Redesignated at 26 F.R. 12766, Dec. 30, 1961. Further redesignated at 29 F.R. 6384, May 15, 1964. $ 1800.1 Meaning of terms.
Except as otherwise stated, the terms and abbreviations in $$ 1800.2 through 1800.12 shall have the meanings as defined therein when used in the regulations in this chapter. $ 1800.2 Act.
The Federal Civil Defense Act of 1950.
$ 1800.7 Facilities.
Buildings, shelters, utilities and land. $ 1800.8 OCD.
Office of Civil Defense, Office of the Secretary of the Army. § 1800.9 Materials.
Raw materials, supplies, medicines, equipment, component parts and technical information and processes necessary for civil defense. § 1800.10 RFC.
Reconstruction Finance Corporation. § 1800.11 State.
Any of several States, the District of Columbia, the territories, and possessions of the United States. § 1800.12 Critical target area.
Any area (including the central municipality and the surrounding metropolitan area) determined by the D1rector of Civil Defense after consultation with the Secretary of Defense to be a critical target for an attack.
§ 1800.3 Department.
The Department of Defense, Office of Civil Defense. $ 1800.4 Director of Civil Defense.
The Director of Civil Defense, Office of Civil Defense, Office of the Secretary of the Army. & 1800.5 Administrative expenses.
Expenses of a State and its political subdivisions incurred in the administration of State and local laws, ordinances, regulations and codes, including, but not limited to, salaries of officials and employees, traveling expenses, office rent, and office supplies. § 1800.6 Civil defense.
The term "civil defense" means all those activities and measures designed or undertaken (a) to minimize the effects upon the civilian population caused or which would be caused by an attack upon the United States, (b) to deal with the immediate emergency conditions which would be created by any such attack, and (c) 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, (1) measures to be taken in preparation for anticipated attack (including the establishment of appropriate organization, 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; and, when appropriate, the non-military evacuation of civil population); (2) 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 (3) 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).
PART 1801-CONTRIBUTIONS FOR
CIVIL DEFENSE EQUIPMENT Sec. 1801.1 Purpose. 1801.2 Definitions. 1801.3 Request for contributions. 1801.4 Conditions of contributions. 1801.5 Project application approval. 1801.6 Billing and payment. 1801.7 Advances of Federal funds for State
procurement. 1801.8 Limitations on obligating contribu
tions funds. 1801.9 State procurement. 1801.10 Federal procurement. 1801.11 Compliance.
AUTHORITY: The provisions of this part 1801 issued under secs. 201(i) and 401 of the Federal Civil Defense Act of 1950, 64 Stat. 1245-1257, as amended, 50 U.S.C. App. 22512297; Reorg. Plan No. 1 of 1958, 72 Stat. 1799, 23 F.R. 4991; E.O. 10952, 26 F.R. 6577; 29 F.R. 5017, Apr. 10, 1964.
SOURCE: The provisions of this Part 1801 appear at 29 F.R. 1322, Jan. 25, 1964, unless otherwise noted. Redesignated at 29 F.R. 6384, May 15, 1964. § 1801.1 Purpose.
The purpose of the regulations in this part is to prescribe the basic terms and conditions under which the OCD, pursuant to the provisions of section 201(1)
of the Act, contributes Federal funds to the States for the procurement of civil defense equipment. $ 1801.2 Definitions.
Except as otherwise stated, the following terms shall have the following meanings when used in the regulations in this part:
(a) Act. The Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251-2297).
(b) Civil Defense equipment. Facilities, materials, and organizational equipment for which the OCD approves financial contributions under section 201(i) of the Act.
(c) Facilities. Buildings, shelters, and utilities.
(d) Materials. All materials, supplies, medicines, equipment, component parts, and technical information (including training courses) and processes necessary for civil defense.
(e) OCD. Office of Civil Defense, Office of the Secretary of the Army. Where action is to be taken this term denotes the Director of Civil Defense or other duly authorized ofiicial(s) acting under the authority delegated to the Secretary of Defense by Executive Order 10952 (26 F.R. 6577).
(f) Organizational equipment. Equipment (other than materials and facillties) determined by the OCD 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 requirement of the civil defense plans.
(g) Program. A course of action adopted by a State (or political subdivision) in a specific civil defense area of activity.
(h) Project. A definable part of a program which is complete in itself.
(i) Allowable costs. Except where restricted or prohibited by law the cost principles set forth in Circular A-87, issued by the Bureau of the Budget on May 9, 1968, will be applied beginning July 1, 1969, in determining costs incurred by State governments and at the earliest practicable date but no later
than January 1, 1970 in determining costs incurred by political subdivisions of a State. (29 F.R. 1322, Jan. 25, 1964, as amended at 34 F.R. 11544, July 12, 1969) § 1801.3 Request for contributions.
A request for a Federal contribution must be made on an OCD prescribed project application form and in accordance with the procedures asd criteria set forth in OCD guidance material. $ 1801.4 Conditions of contributions.
The OCD shall make contributions for civil defense equipment, including approved costs, subject to the following conditions:
(a) Certification. The making of a request for a contribution shall constitute a certification by the State (and political subdivision, where applicable) that the necessary funds to provide the State's share are available or will be available before Federal funds are disbursed; that the civil defense equipment, regarding which a contribution is requested, is needed by the applicant civil defense organization, over and above its other. than-civil defense needs, in order to meet its requirements under civil defense operational plans approved by OCD (local plans are approved as part of the State plans); and that the State (and political subdivision, where applicable) will comply with OCD regulations (Code of Fed. eral Regulations, Title 32, Subtitle A, Chapter XVIII-Office of Civil Defense, Office of the Secretary of the Army) and with criteria set forth in the Federal Civil Defense Guide pertaining to Federal contributions for civil defense equipment (Part F, Chapter 5, Appendix 1 and related guidance material).
(b) Standards and specifications. Civil defense equipment procured by the State (or political subdivision) must meet minimum standards and specifications as established by the OCD. Application of such standards and specifications to unique installations or uses of equipment shall be as determined by the OCD following receipt of full information.
(c) Cancellation or breach. If for any reason the State (or political subdivision) revokes or cancels its request for a financial contribution after approval by the OCD, or breaches any condition of the regulations in this part or of the project application by which the contribution was approved, it shall promptly
reimburse the Federal Government for ernment should be lost or damaged prior any loss, as determined by the OCD, OC- to its delivery to the State, the OCD shall casioned to the Federal Government. promptly make replacement or any
(d) Inspection and accounting. Civil necessary repair. If civil defense equipdefense equipment shall be controlled in ment procured either by the Federal accordance with accepted or prescribed Government or the State (or political methods and standards of accounting, subdivision) is consumed, lost, damaged, identification, and administrative re- or destroyed after delivery, the State sponsibility. Such methods and stand- (or political subdivision) shall, except as ards as the OCD may prescribe shall be otherwise may be prescribed or authormet, OCD representatives shall have ized in OCD guidance material, promptly access to civil defense equipment at all make replacement. reasonable times for purposes of inspec- (j) Loyalty oath. No request for civil tion. The OCD shall also be granted defense equipment shall be approved by ready access to the books and records the OCD unless (1) the State law reof the State and political subdivision re- quires that each person who is appointed lating to such equipment.
to serve in a State or local organization (e) Use and disposal. Except as for civil defense shall, before entering otherwise may be prescribed or au- upon his duties, take an oath of the thorized in OCD guidance material, civil character and in the manner provided defense equipment shall be distributed, for in subsection 403(b) of the Act or maintained, and used solely for civil (2) the State certifies that it has didefense purposes and shall not be dis- rected the State or local civil defense posed of without prior approval of the agency to require that such person shall, OCD: Provided, In view of the close re- before entering upon his duties, take such lationship and parallel nature of activi- oath, unless it is determined that an oath ties required for enemy-caused and of equivalent character has been taken other-than-enemy-caused disaster, civil by such person, or that a combination of defense equipment obtained with the an oath and requirements of State or assistance of a contribution under the Federal law imposes on such person an regulations in this Part 1801 may be used obligation equivalent to that imposed by in preparation for (including without the oath contained in subsection 403(b) limitation training activities and test of the Act. exercises) and during other-than- (k) Federal-State share. The Fedenemy-caused disaster, including with
eral contribution shall not exceed fifty out limitation natural disaster of a local
percent of the total allowable cost of the nature and “major disaster" as defined civil defense equipment. The state's in Public Law 875, 81st Congress.
share of such cost may be derived from (f) Distribution and maintenance. any source it determines consistent with Civil defense equipment shall be pro- its laws: Provided, however, That no part tected and maintained in such a way of the State's share has been or will be as to assure its ready availability for the derived from Federal funds. No Federal civil defense purpose for which it was contribution shall be made for the proacquired. Such equipment shall, to the curement of land. The value of any land extent practicable, be distributed and contributed by any State (or political stored in such a manner as to minimize subdivision) shall be excluded from the Its loss in the event of an attack and at
computation of the State's share. the same time assure its availability for
[29 F.R. 1322, Jan. 25, 1964, as amended at use at the places required immediately 29 F.R. 7891, June 20, 1964, 30 F.R. 14257, after an attack.
Nov. 13, 1965) (g) Information and reports. The
1801.5 Project application approval. State (or political subdivision) shall transmit to the OCD, as required, a (a) If a project application is found statement of its plans for meeting the acceptable and approved without change conditions of this $ 1801.4 and such re- by the OCD, a signed copy thereof eviports as the OCD may from time to time dencing such approval shall be returned request.
to the State. (h) Insigne. Civil defense equipment (b) If the OCD's approval of a project shall, whenever practicable, be marked application is made subject to revisions with the official civil defense insigne. or additional conditions, the project ap
(i) Damage or loss. If civil defense plication shall be returned to secure the equipment procured by the Federal Gov- agreement of the State (and political subdivision) to such revisions or addi- quested is actually needed by the State tional conditions. If there is agreement or political subdivision for the payment by the State (and political subdivision) of an obligation incurred in carrying out to such revisions or additional condi- an OCD approved project. One of the tions, the authorized official(s) shall so aspects of this requirement is that adsignify by signing and returning the vances toward the Federal share of an project application to the OCD.
approved project involving a substantial (c) If the project application is dis- period of performance (e.g., construction approved, it shall be returned to the of a civil defense facility) shall be made State with a brief statement of the rea- only as the performance progresses. sons for such disapproval.
(b) Advances shall be properly ac
counted for as Federal funds in the ac& 1801.6 Billing and payment.
counts of the State. In each case the (a) When civil defense equipment State shall render regular authenticated procured by the Federal Government has reports to the OCD covering the status been delivered to the State, the OCD and the application of the funds, the shall invoice the State for the State's liabilities and obligations on hand, and share, and the State shall make payment such other facts as may be required by to the OCD.
OCD. The Director of Civil Defense, and (b) When civil defense equipment the Comptroller General of the United procured by a State (or political sub- States or any of their duly authorized division) has been delivered to the State representatives shall have access for the (or political subdivision), the OCD, upon purpose of audit and examination to any the receipt of proper billing, shall make books, documents, papers, and records payment, by check drawn against the that are pertinent to the Federal conTreasury of the United States, to the tribution or to any advances of Federal properly authorized State official.
funds. (c) Representatives of the OCD and (c) Advances may be withdrawn or the General Accounting Office of the transferred by the State only upon the United States shall have access at all certification of its authorized official, and reasonable times to the books, records, then only for the payment of items covand other pertinent documents and in- ered by a project application against formation of the State (and political which such funds are advanced, or for subdivisions) and their contractors and advance to a political subdivision under subcontractors. Such books, records, its agreement to accept them subject to and documents shall be maintained for a the provisions set forth in this section. minimum period of three years following (d) Advances not timely expended as completion of the approved project. provided under the criteria set forth
in OCD guidance material or otherwise $ 1801.7 Advances of Federal funds for
held contrary to the terms and condiState procurement.
tions of the advance shall forthwith be In those cases where the State cer- repaid by the State to OCD. tifies under its laws and regulations
(34 F.R. 8203, May 27, 1969) it is required to obtain an advance of Federal funds to match the State share
§ 1801.8 Limitations on obligating con
tributions funds. prior to disbursement of the funds of the State (or political subdivision, as the (a) Except as otherwise may be precase may be) for the particular project, scribed or authorized in OCD guidance an advance of funds toward the Federal material, no contribution shall be made share of the proposed disbursement may toward the cost of civil defense programs be made subject to the following general and projects which have been procured criteria and such supplemental criteria or for which a contract, order, or other and procedures as are promulgated in obligation to procure has been entered OCD guidance material.
into prior to the date of the OCD ap(a) Advances shall be so limited in proval of the project application inamounts and so timed as to accord with volved. the actual cash disbursement require- (b) Contributions cannot be made toments of the applicant State or, as the ward obligations incurred or expendicase may be, of a political division which tures made by the State (or political joined in the project application. Ad- subdivision) prior to the date of availvances will be withheld by the United ability of the applicable Federal approStates until such time as the amount re- priation. With regard to services, such