Executive Order

Executive Order No. 46: Enlarging the powers and duties of the State and local civil defense agencies

Date: 12/15/1964
Issuer: Endicott Peabody

Table of Contents

WHEREAS, in event of enemy attack upon the United States or this Commonwealth, the distribution and utilization of all available resources; and

WHEREAS, such regulation of the distribution and utilization of available resources would involve the establishment and operation of systems of controls, including, among others, price and rent controls, rationing, permissible uses of various resources and determination of priorities; and

WHEREAS, it appears that national regulation of the distribution and utilization of available resources, in event of enemy attack, could not be effected for a period of weeks or longer after enemy attack and that regulation by the Commonwealth of the distribution and utilization of available resources would have to be established and exercised, in the national interest, pending the establishment of national controls; and

WHEREAS, the government of the United States has asked the states to plan now for such regulation of the distribution and utilization of available resources pending the establishment of national controls; and

WHEREAS, it is practicable and desirable to assign the responsibility in this Commonwealth for such planning to the Civil Defense Agency of the Commonwealth and to the local organizations for Civil Defense;

NOW, THEREFORE, I, Endicott Peabody, Governor of the Commonwealth, acting under the authority of Acts of 1950, Chapter 639, Sections 4, 5, 7, 8, 16 and 20, and all other enabling authority, do hereby issue this order as a necessary preparatory step in advance of enemy attack and as part of the plan and program for the civil defense of the Commonwealth.

1. "Civil Defense" shall include planning for the regulation of the distribution and utilization of available resources in event of enemy attack. "Available resources" shall mean all supplies, equipment and facilities subject to the jurisdiction of the Commonwealth or its political subdivisions under the authority of Acts of 1950, Chapter 639, as amended, or under the authority of any other provision of law or pursuant to any delegation of authority by the government of the United States, and shall include manpower to the extent the same may be available, in accordance with law, in event of enemy attack, to the command of the Governor of the Commonwealth or any other duly constituted official of the Common- wealth or its political subdivisions.

2. The Director of Civil Defense for the Commonwealth (hereinafter "the Director of Civil Defense") is hereby authorized and directed to make plans, in conjunction and cooperation with the government of the United States, and particularly the Office of Civil Defense, Department of the Army, and the Office of Emergency Planning, Executive Office of the President, for the regulation of the distribution and utilization of available resources within the Commonwealth in event of enemy attack.

3. In carrying out the responsibility assigned by section 2 of this order, the Director of Civil Defense is authorized and directed to make maximum practicable use of the services and facilities of the government of the Commonwealth and of its political subdivisions, including the Civil Defense Agency of the Commonwealth and the local organizations of Civil Defense, and all departments, divisions, agencies of the government of the Commonwealth and of its political subdivisions are hereby authorized and directed to make their services and facilities available to the Director of Civil Defense, to the maximum extent practicable.

4. In carrying out the responsibility assigned by section 2 of this order, the Director of Civil Defense is authorized and directed to make maximum practicable use of personnel, equipment and facilities that are made available by business organizations or industrial concerns in compliance with the Governor's request to industry and business for voluntary assistance to the Emergency Planning Program.

5. Any offer by the government of the United States, or any agency or officer thereof, or by any person, firm or corporation, to the Commonwealth of services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of planning for the regulation of the distribution and utilization of available resources in event of enemy attack, is hereby accepted, as authorized by Acts of 1950, Chapter 639, as amended, section 15, and the Director of Civil Defense is hereby authorized to receive such services, equipment, supplies, materials or funds on behalf of the Commonwealth, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

6. The Director of Civil Defense is authorized to establish within the Civil Defense Agency of the Commonwealth, subject to the availability of funds and personnel, such staff or service sections, state, area or sector, as in his judgment may be necessary or appropriate to assist the Director of Civil Defense in carrying out the responsibility assigned by section 2 of this order.

7. For the purpose of carrying out the responsibility assigned by section 2 of this order, the Director of Civil Defense for the Common- wealth, ex officio, shall be, and may be referred to as, the Director of Emergency Planning for the Commonwealth. Any prior designation of the Director of Civil Defense as Director of Emergency Planning for the Commonwealth is hereby ratified and confirmed.

Given at the Executive Chamber in Boston this fifteenth day of December, in the year of our Lord one thousand nine hundred and sixty-four and of the Independence of the United States of America, the one hundred and eighty-ninth.

ENDICOTT PEABODY
By His Excellency the Governor.

KEVIN WHITE
Secretary of the Commonwealth

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