§ 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).

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)

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 official(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 facilities) 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 otherthan-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 Federal 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 any loss, as determined by the OCD, occasioned to the Federal Government.

(d) Inspection and accounting. Civil defense equipment shall be controlled in accordance with accepted or prescribed methods and standards of accounting, identification, and administrative responsibility. Such methods and standards as the OCD may prescribe shall be met. OCD representatives shall have access to civil defense equipment at all reasonable times for purposes of inspection. The OCD shall also be granted ready access to the books and records of the State and political subdivision relating to such equipment.

(e) Use and disposal. Except as otherwise may be prescribed or authorized in OCD guidance material, civil defense equipment shall be distributed, maintained, and used solely for civil defense purposes and shall not be disposed of without prior approval of the OCD: Provided, In view of the close relationship and parallel nature of activities required for enemy-caused and other-than-enemy-caused disaster, civil defense equipment obtained with the assistance of a contribution under the regulations in this Part 1801 may be used in preparation for (including without limitation training activities and test exercises) and during other-thanenemy-caused disaster, including without limitation natural disaster of a local nature and "major disaster" as defined in Public Law 875, 81st Congress.

(f) Distribution and maintenance. Civil defense equipment shall be protected and maintained in such a way as to assure its ready availability for the civil defense purpose for which it was acquired. Such equipment shall, to the extent practicable, be distributed and stored in such a manner as to minimize its loss in the event of an attack and at the same time assure its availability for use at the places required immediately after an attack.

(g) Information and reports. The State (or political subdivision) shall transmit to the OCD, as required, a statement of its plans for meeting the conditions of this § 1801.4 and such reports as the OCD may from time to time request.

(h) Insigne. Civil defense equipment shall, whenever practicable, be marked with the official civil defense insigne.

(i) Damage or loss. If civil defense equipment procured by the Federal Gov

ernment should be lost or damaged prior to its delivery to the State, the OCD shall promptly make replacement or any necessary repair. If civil defense equipment procured either by the Federal Government or the State (or political subdivision) is consumed, lost, damaged, or destroyed after delivery, the State (or political subdivision) shall, except as otherwise may be prescribed or authorized in OCD guidance material, promptly make replacement.

(j) Loyalty oath. No request for civil defense equipment shall be approved by the OCD unless (1) the State law requires that each person who is appointed to serve in a State or local organization for civil defense shall, before entering upon his duties, take an oath of the character and in the manner provided for in subsection 403(b) of the Act or (2) the State certifies that it has directed the State or local civil defense agency to require that such person shall, before entering upon his duties, take such oath, unless it is determined that an oath of equivalent character has been taken by such person, or that a combination of an oath and requirements of State or Federal law imposes on such person an obligation equivalent to that imposed by the oath contained in subsection 403(b) of the Act.

(k) Federal-State share. The Federal contribution shall not exceed fifty percent of the total allowable cost of the civil defense equipment. The State's share of such cost may be derived from any source it determines consistent with its laws: Provided, however, That no part of the State's share has been or will be derived from Federal funds. No Federal contribution shall be made for the procurement of land. The value of any land contributed by any State (or political subdivision) shall be excluded from the computation of the State's share.

[29 F.R. 1322, Jan. 25, 1964, as amended at 29 F.R. 7891, June 20, 1964, 30 F.R. 14257, Nov. 13, 1965]

§ 1801.5 Project application approval.

(a) If a project application is found acceptable and approved without change by the OCD, a signed copy thereof evidencing such approval shall be returned to the State.

(b) If the OCD's approval of a project application is made subject to revisions or additional conditions, the project application shall be returned to secure the agreement of the State (and political

subdivision) to such revisions or additional conditions. If there is agreement by the State (and political subdivision) to such revisions or additional conditions, the authorized official(s) shall so signify by signing and returning the project application to the OCD.

(c) If the project application is disapproved, it shall be returned to the State with a brief statement of the reasons for such disapproval.

§ 1801.6 Billing and payment.

(a) When civil defense equipment procured by the Federal Government has been delivered to the State, the OCD shall invoice the State for the State's share, and the State shall make payment to the OCD.

(b) When civil defense equipment procured by a State (or political subdivision) has been delivered to the State (or political subdivision), the OCD, upon the receipt of proper billing, shall make payment, by check drawn against the Treasury of the United States, to the properly authorized State official.

(c) Representatives of the OCD and the General Accounting Office of the United States shall have access at all reasonable times to the books, records, and other pertinent documents and information of the State (and political subdivisions) and their contractors and subcontractors. Such books, records, and documents shall be maintained for a minimum period of three years following completion of the approved project. § 1801.7

Advances of Federal funds for State procurement.

In those cases where the State certifies that under its laws and regulations it is required to obtain an advance of Federal funds to match the State share prior to disbursement of the funds of the State (or political subdivision, as the case may be) for the particular project, an advance of funds toward the Federal share of the proposed disbursement may be made subject to the following general criteria and such supplemental criteria and procedures as are promulgated in OCD guidance material.

(a) Advances shall be so limited in amounts and so timed as to accord with the actual cash disbursement requirements of the applicant State or, as the case may be, of a political division which joined in the project application. Advances will be withheld by the United States until such time as the amount re

quested is actually needed by the State or political subdivision for the payment of an obligation incurred in carrying out an OCD approved project. One of the aspects of this requirement is that advances toward the Federal share of an approved project involving a substantial period of performance (e.g., construction of a civil defense facility) shall be made only as the performance progresses.

(b) Advances shall be properly accounted for as Federal funds in the accounts of the State. In each case the State shall render regular authenticated reports to the OCD covering the status and the application of the funds, the liabilities and obligations on hand, and such other facts as may be required by OCD. The Director of Civil Defense, and the Comptroller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to the Federal contribution or to any advances of Federal funds.

(c) Advances may be withdrawn or transferred by the State only upon the certification of its authorized official, and then only for the payment of items covered by a project application against which such funds are advanced, or for advance to a political subdivision under its agreement to accept them subject to the provisions set forth in this section.

(d) Advances not timely expended as provided under the criteria set forth in OCD guidance material or otherwise held contrary to the terms and conditions of the advance shall forthwith be repaid by the State to OCD.

[34 F.R. 8203, May 27, 1969]

§ 1801.8 Limitations on obligating contributions funds.

(a) Except as otherwise may be prescribed or authorized in OCD guidance material, no contribution shall be made toward the cost of civil defense programs and projects which have been procured or for which a contract, order, or other obligation to procure has been entered into prior to the date of the OCD approval of the project application involved.

(b) Contributions cannot be made toward obligations incurred or expenditures made by the State (or political subdivision) prior to the date of availability of the applicable Federal appropriation. With regard to services, such