THE COMMONWEALTH OF MASSACHUSETTS

By His Excellency

ENDICOTT PEABODY

GOVERNOR

EXECUTIVE ORDER NO. 46

    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 opera-
tion 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 distribu-
tion and utilization of available resources, in event of enemy at-
tack, could not be effected for a period of weeks or longer after
enemy attack and that regulation by the Commonwealth of the distribu-
tion and utilization of available resources would have to be es-
tablished and exercised, in the national interest, pending the es-
tablishment 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 desireable to assign the re-
sponsibility 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 Common-
wealth, 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 ad-
vance 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 Common-
wealth 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 conjuction 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 distribu-
tion 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 ser-
vices 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 con-
cerns in compliance with the Governor's request to industry and busi-
ness 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 availa-
bility 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 responsi-
bility 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 Inde-
pendence 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

GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS