Page images
PDF
EPUB

ABOLITION OF AWARDS BOARD

The Awards Board provided for in section 47b of this title was abolished and its functions, including the functions of the chairman and other officers, were transferred to the Attorney General by sections 11(d) and 13(a) of Reog. Plan No. 4 of 1965, eff. July 27, 1965, 30 F.R. 9353, 79 Stat. 1321, set out in the Appendix to Title 5, Government Organization and Employees.

CROSS REFERENCES

Requirements for admission of aliens, see section 1182 of Title 8, Aliens and Nationality.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47f of this title.

§ 47d. Hearings; rules and regulations.

The Board established under section 47b of this title is authorized to hold such hearings and make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes of this chapter. (July 15, 1955, ch. 372, § 5, 69 Stat. 366.)

ABOLITION OF AWARDS BOARD

The Awards Board provided for in section 47b of this title was abolished and its functions, including the functions of the chairman and other officers, were transferred to the Attorney General by sections 11(d) and 13(a) of Reorg. Plan No. 4 of 1965, eff. July 27, 1965, 30 F.R. 9353, 79 Stat. 1321, set out in the Appendix to Title 5, Government Organization and Employees.

§ 47e. Certification of award; approval; payment.

Any awards granted under section 47b of this title shall be certified by the Awards Board and, together with the approval of the President in those cases where such approval is required, transmitted to the Director of Central Intelligence for payment out of funds appropriated or available for the administration of the National Security Act of 1947, as amended. (July 15, 1955, ch. 372, § 6, 69 Stat. 366.)

REFERENCES IN TEXT

The National Security Act of 1947 referred to in the text, was classified to sections 171-171n, 181-1, 181-2, 411a, 411b, 626-626c of former Title 5 and to sections 401-405 of this title.

ABOLITION OF AWARDS BOARD

The Awards Board provided for in section 47b of this title was abolished and its functions, including the functions of the chairman and other officers, were transferred to the Attorney General by sections '11(d) and 13(a) of Reorg. Plan No. 4 of 1965, eff. July 27, 1965, 30 F.R. 9353, 79 Stat. 1321, set out in the Appendix to Title 5, Government Organization and Employees.

§47f. Definitions.

As used in this chapter

(a) The term "atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation.

(b) The term "atomic weapon" means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.

(c) The term "special nuclear material" means plutonium, or uranium enriched in the isotope 233 or in the isotope 235, or any other material which is

found to be special nuclear material pursuant to the provisions of the Atomic Energy Act of 1954.

(d) The term "United States," when used in a geographical sense, includes Puerto Rico, all Territories and possessions of the United States and the Canal Zone; except that in section 47c of this title, the term "United States" when so used shall have the meaning given to it in the Immigration and Nationality Act. (July 15, 1955, ch. 372, § 7, 69 Stat. 366.)

[blocks in formation]

ARSENALS, ARMORIES, ARMS, AND WAR

MATERIALS

S$ 51 to 57. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 51, act Aug. 5, 1882, ch. 395, 22 Stat. 299, related to the pay of the master amorer at Springfield Armory.

Section 52, act June 23, 1874, ch. 486, 18 Stat. 282, related to the pay of clerks at Springfield Armory.

Section 53, R. S. § 1665, required an annual account of the expenses of the national armories, together with an account of the arms made and repaired thereon.

Section 54, acts Aug. 18, 1890, ch. 797, § 2, 26 Stat. 320; Aug. 7, 1946, ch. 770, § 1 (52), 60 Stat. 870, related to accounts of cost of type and experimental manufacture of guns and other articles.

Section 55, R. S. § 1666, authorized the Secretary of War to abolish useless or unnecessary arsenals, and is now covered by section 4532 (b) of Title 10, Armed Forces. Section 56, R. S. § 1669, provided for forfeitures by reason of misconduct of workmen in armories.

Section 57, R. S. § 1671, exempted from jury duty all artificers and workmen employed in the armories and arsenals, of the United States.

§ 58. Repealed. Sept. 1, 1954, ch. 1208, title III, § 305 (d), 68 Stat. 1114.

Section, act July 17, 1912, ch. 236, 37 Stat. 193, related to awards, and is now covered by chapter 45 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF REPEAL

Repeal effective 90 days after Sept. 1, 1954.

§§ 59 to 66. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 59, act July 26, 1886, ch. 781, § 1, 24 Stat. 151, related to testing of rifled cannon for the Navy.

Section 60, act July 8, 1918, ch. 137, § 1, 40 Stat. 817, authorized the transfer of naval ordnance and ordnance material from the Navy Department to the Department of War.

Section 61, acts Mar. 3, 1879, ch. 183, 20 Stat. 412; Apr. 14, 1937, ch. 79, 50 Stat. 63, authorized the issuance of arms and ammunition to protect public property, provided for reimbursement, and is now covered by section 4655 of Title 10, Armed Forces.

Section 62, acts Feb. 10, 1920, ch. 64, 41 Stat. 403; June 5, 1920, ch. 240, 41 Stat. 976; May 26, 1952, ch. 334, 66 Stat. 94, authorized loan of rifles to organizations of honorably discharged soldiers, and is now covered by section 4683 of Title 10, Armed Forces.

Section 62a, act June 30, 1906, ch. 3938, 34 Stat. 817, authorized the loan of ordnance to schools and State homes for veterans' orphans, and is now covered by sections 4685 and 9685 of Title 10, Armed Forces.

Section 62b, act Dec. 15, 1926, ch. 10, 44 Stat. 922, authorized the Secretary of War to relieve posts or camps or organizations composed of honorably discharged soldiers, sailors, or marines, and sureties on bonds, from liability on account of loss or destruction of rifles, slings, and cartridge belts loaned to such organizations, and is now covered by section 4683 of Title 10, Armed Forces.

Section 62c, acts May 29, 1934, ch. 369, 48 Stat. 815; Aug. 30, 1935, ch. 826, 49 Stat. 1013 authorized the Secretary of War to donate Army equipment loaned under authority of former section 62 of this title.

Section 63, act May 11, 1908, ch. 163, 35 Stat. 125, authorized the sales of ordnance property to schools and State homes for veterans' orphans, and is now covered by sections 4625 (c) and 9625 (c) of Title 10, Armed Forces.

Section 64, act May 28, 1908, ch. 215, § 14, 35 Stat. 443; June 28, 1950, ch. 383, title IV, § 402 (g), 64 Stat. 273; Oct. 31, 1951, ch. 654, § 2 (26), 65 Stat. 707, authorized the sale of obsolete small arms to patriotic organizations, and is now covered by sections 4684 and 9684 of Title 10, Armed Forces.

Section 64a, act Mar. 3, 1875, ch. 130, § 1, 18 Stat. 388, provided for the sale of useless ordnance materials, appropriated an amount equal to the net proceeds of the sale for the purpose of procuring a supply of material,

and limited expenditures to not more than $75,000 in any one year.

Section 65, acts Apr. 23, 1904, ch. 1485, 33 Stat. 276; Aug. 1, 1953, ch. 305, title VI, § 645, 67 Stat. 357, authorized the sale of serviceable ordnance and ordnance stores to American designers, and is now covered by sections 4507 and 9507 of Title 10, Armed Forces.

Section 66, acts Feb. 8, 1889, ch. 116, 25 Stat. 657; Mar. 3, 1899, ch. 423, § 1, 30 Stat. 1073; May 26, 1900, ch. 586, 31 Stat. 216; June 28, 1950, ch. 383, title IV, § 402 (e), 64 Stat. 273; Oct. 31, 1951, ch. 654, § 2 (27), 65 Stat. 707, authorized the issuance of condemned ordnance to State homes for soldiers and sailors, and is now covered by sections 4686 and 9686 of Title 10, Armed Forces.

§ 67. Loan or gift of condemned or obsolete equipment. CODIFICATION

Section was transferred to section 150p of former Title 5, and was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. See section 2572 of Title 10, Armed Forces. §§ 68 to 71. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 68, acts Mar. 4, 1909, ch. 319, § 47, 35 Stat. 1075; June 28, 1950, ch. 383, title IV, § 402 (1), 64 Stat. 273; Oct. 31, 1951, ch. 654, § 2 (28), 65 Stat. 708, authorized the sale of obsolete ordnance for public parks, public buildings and soldiers' monuments purposes and is now covered by sections 4684 and 9684 of Title 10, Armed Forces. Section 69, act Mar. 2, 1905, ch. 1307, 33 Stat. 841, authorized the sale of individual pieces of armament, and is now covered by section 2574 of Title 10, Armed Forces. Section 70, acts Mar. 3, 1909, ch. 252, 35 Stat. 751; June 28, 1950, ch. 383, title IV, § 402 (h), 64 Stat. 273, authorized sale of ordnance property to officers of the Navy and Marine Corps, and is now covered by section 4625 (a) and 9625 (a) of Title 10, Armed Forces.

Section 71, act Mar. 3, 1909, ch. 252, 35 Stat. 750, authorized sale of ordnance stores to civilian employees of the Army and to the American National Red Cross, and is now covered by sections 4625 (b) and 9625 (b) of Title 10, Armed Forces.

§ 72. Repealed. May 1, 1937, ch. 146, § 5 (i), 50 Stat. 126.

Section, act Aug. 29, 1916, ch. 418, § 1, 39 Stat. 643, related to the sale of ordnance and stores to Cuba.

§ 73. Repealed. Aug. 1, 1953, ch. 305, title VI, § 645, 67 Stat. 357.

Section, act Apr. 23, 1904, ch. 1485, 33 Stat. 276, related to disposition of proceeds from sales of serviceable ordnance and stores, and is now covered by sections 2208 and 2210 of Title 10, Armed Forces.

§§ 74 to 81. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 74, act Jan. 22, 1923, ch. 28, 42 Stat. 1142, provided that the net proceeds of sales of useless ordnance material by the Navy Department should be covered into the Treasury as "Miscellaneous receipts", and is now covered by section 7543 of Title 10, Armed Forces.

Section 75, act Aug. 24, 1912, ch. 391, § 1, 37 Stat. 589, related to payment for transfers of ordnance or stores to bureaus or departments.

Section 76, act June 20, 1878, ch. 359, § 1, 20 Stat. 223 authorized the private use of a machine for testing iron and steel, and is now covered by section 4508 of Title 10 Armed Forces.

Section 77, acts Mar. 3, 1885, ch. 360, 23 Stat. 502; May 29, 1928, ch. 901, par. 27, 45 Stat. 988, regulated tests o iron and steel and other materials for industrial purposes and is now covered by section 4508 of Title 10, Armed Forces.

Section 78, act June 3, 1916, ch. 134, § 123, 39 Stat. 215 related to gauges, dies, and tools for manufacture of arms and is now covered by sections 4505 and 9505 of Title 10 Armed Forces.

Section 79, act June 3, 1916, ch. 134, § 124, 39 Stat. 21 related to nitrate plants, and is now covered by section 10 of this title.

Section 80, act June 3, 1916, ch. 134, § 120, 39 Stat. 213, 214, related to procurement of war material and mobilization of industries, and is now covered by sections 4501, 4502, 9501, and 9502 of Title 10, Armed Forces.

Section 81, act May 14, 1928, ch. 544, 45 Stat. 509, authorized the Secretary of War to secure the assistance, whenever practicable, of the Geological Survey, the Coast and Geodetic Survey, or other mapping agencies of the Government in the execution of military surveys and maps, and is now covered by sections 4537 and 9537 of Title 10, Armed Forces.

§ 82. Procurement of ships and material during war; changes in contracts; commandeering factories, etc.

(a) The word "person" as used in subsections (b) and (c) of this section shall include any individual, trustee, firm, association, company, or corporation. The word "ship" shall include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words "war material" shall include arms, armament, ammunition, stores, supplies, and equipment for ships and airplanes, and everything required for or in connection with the production thereof. word "factory" shall include any factory, workshop, engine works, building used for manufacture, assembling, construction, or any process, and any shipyard or dockyard. The words "United States" shall include the Canal Zone and all territory and waters, continental and insular, subject to the jurisdiction of the United States.

The

(b) In time of war the President is authorized and empowered, in addition to all other existing provisions of law:

First. Within the limits of the amounts appropriated therefor, to place an order with any person for such ships or war material as the necessities of the Government, to be determined by the President, may require and which are of the nature, kind, and quantity usually produced or capable of being produced by such person. Compliance with all such orders shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts theretofore placed with such person. If any person owning, leasing, or operating any factory equipped for the building or production of ships or war material for the Navy shall refuse or fail to give to the United States such preference in the execution of such an order, or shall refuse to build, supply, furnish, or manufacture the kind, quantity, or quality of ships or war material so ordered at such reasonable price as shall be determined by the President, the President may take immediate possession of any factory of such person, or of any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient.

Second. Within the limit of the amounts appropriated therefor, to modify or cancel any existing contract for the building, production, or purchase of ships or war material; and if any contractor shall refuse or fail to comply with the contract as so modified the President may take immediate possession of any factory of such contractor, or any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient.

47-500 0-71-Vol. 11- -3

Third. To require the owner or occupier of any factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the output of such factory, and, within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be determined by the President.

Fourth. To requisition and take over for use or operation by the Government any factory, or any part thereof without taking possession of the entire factory, whether the United States has or has not any contract or agreement with the owner or occupier of such factory.

1

(d) ' Whenever the United States shall cancel or modify any contract, make use of, assume, occupy, requisition, or take over any factory or part thereof, or any ships or war material, in accordance with the provisions of subsection (b) of this section, it shall make just compensation therefor, to be determined by the President, and if the amount thereof so determined by the President is unsatisfactory to the person entitled to receive the same, such person shall be paid fifty per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just compensation therefor, in the manner provided for by subsection (20) of section 41 and section 250 of Title 28. (Mar. 4, 1917, ch. 180, 39 Stat. 1192.)

REFERENCES IN TEXT

Subsection "(c)" referred to at the beginning of this section in paragraph (a), was probably intended to be "(d)" as there was no subsection "(c)" in the original version of this section.

Par. (20) of section 41 of Title 28, and section 250 of such title, referred to in par. (d), were repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948. Section 41 (20) is now covered by sections 1346, 2401, and 2402 of Title 28, Judiciary and Judicial Procedure, and section 250 is now covered by sections 1491, 1496, 1501, 1503 and 2501 of that title.

SIMILAR PROVISIONS

Similar provisions were contained in the Naval Appropriation Act, 1918, act July 1, 1918, ch. 114, 40 Stat. 719, which terminated six months after the treaty of peace between the United States and Germany (Oct. 18, 1921). TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of the provisions of this section, which authorized the President to acquire, through construction or conversion, ships, landing craft and other vessels, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

$$ 83 to 85. Repealed. Aug 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 83, act May 29, 1928, ch. 853, § 1, 45 Stat. 928, related to ammunition for the use of the Army and the Navy, storage and dispersal, control by a joint board of officers, and is now covered by section 172 of Title 10, Armed Forces.

Section 84, act Mar. 3, 1875, ch. 133, § 1, 18 Stat. 455, related to expenditure at armories for perfection of patentable inventions.

1 So in original. Probably should read "(c)".

Section 85, act Mar. 3, 1921, ch. 128, § 6, 41 Stat. 1352, authorized the Secretary of War to proceed with the installation of guns and howitzers.

§§ 86 to 88. Omitted.

CODIFICATION

Sections, act Feb. 15, 1936, ch. 74, §§ 1-3, 49 Stat. 1140, related to conservation of domestic sources of tin, and were superseded by sections 2021-2032 of Appendix to this title.

EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

S$ 91 to 94. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Sections 91 to 93, act June 16, 1938, ch. 458, §§ 1-3, 52 Stat. 707, 708, authorized the Secretary of War to place educational orders for munitions of special or technical design, provided for bids, production equipment with first order, and limited the number of orders to any person, firm, or corporation within any period of three successive years in peacetime.

Section 94, acts June 16, 1938, ch. 458, § 4, 52 Stat. 708; Apr. 3, 1939, ch. 35, § 13, 53 Stat. 560, related to availability of appropriations for the purposes of former sections 91-94 of this title.

§ 95. Research, experimentation, and development of rotary-wing and other aircraft; appropriation; reports and recommendations; construction.

CODIFICATION

Section, act June 30, 1938, ch. 852, 52 Stat. 1255, which authorized an appropriation of $2,000,000 to remain until expended for the purpose of rotary-wing and other aircraft research, development, procurement, experimentation, and operation for service testing, was omitted as executed.

§ 96. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section, act July 15, 1939, ch. 283, 53 Stat. 1042, related to purchase by the Secretary of War of equipment for experimental and test purposes, and is now covered by sections 4504 and 9504 of Title 10, Armed Forces.

ACQUISITION AND DEVELOPMENT OF
STRATEGIC RAW MATERIALS

§ 98. Declaration of policy.

The natural resources of the United States in certain strategic and critical materials being deficient or insufficiently developed to supply the industrial, military, and naval needs of the country for common defense, it is the policy of the Congress and the purpose and intent of sections 98 to 98h of this title to provide for the acquisition and retention of stocks of these materials and to encourage the conservation and development of sources of these materials within the United States, and thereby decrease and prevent wherever possible a dangerous and costly dependence of the United States upon foreign nations for supplies of these materials in times of national emergency. (June 7, 1939, ch. 190, § 1, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596.)

AMENDMENTS

1946-Act July 23, 1946, inserted "and retention" following "acquisition" and "conservation and" preceding "development".

SHORT TITLE

Congress provided by section 10 of act June 7, 1939, as amended by act July 23, 1946, that sections 98-98h of this title should be popularly known as the "Strategic and

DELEGATION OF FUNCTIONS Functions of the President under section 98 et seq. of this title delegated to the Director of the Office of Emergency Planning, see section 402 of Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, set out as a note under section 2271 of the Appendix to this title.

DISPOSAL OF GOVERNMENT-OWNED TIN SMELTER AT TEXAS CITY, TEXAS

Joint Resolution June 22, 1956, ch. 426, 70 Stat. 329, provided:

"[Sec. 1. Disposal by Federal Facilities Corporation]. That the Federal Facilities Corporation (hereinafter referred to as the 'Corporation') is hereby authorized and directed, notwithstanding any other provisions of law, to take steps immediately to sell or lease, as soon as practicable and in accordance with the provisions of this Act, the Government-owned tin smelter at Texas City, Texas (hereinafter referred to as the 'smelter'), and the waste acid plant and other assets of the Government's tin program (such plant and assets being hereinafter referred to collectively as 'other assets'). The sale or lease of the smelter and other assets shall be in such manner and on such terms and conditions as the Corporation determines will best promote the interests of the United States.

"Sec. 2. [Corporate powers]. In carrying out the provisions of this Act, the Corporation shall—

"(1) advertise for, and receive, proposals for the purchase or lease of the smelter alone or with some or all of the other assets;

"(2) process materials and repair, recondition, improve, and otherwise prepare the smelter and other assets for advantageous sale or lease;

"(3) negotiate and enter into a contract of sale or lease which in the opinion of the Corporation is most advantageous to the United States;

"(4) execute and deliver deeds and other instruments appropriate for the purpose of effecting the sale or lease of the smelter and other assets; and

"(5) take such other actions and exercise such other powers as the Corporation determines to be necessary or appropriate to effectuate the purposes of this Act.

"Sec. 3. [Tin Advisory Committee]. There is hereby created the Tin Advisory Committee (hereinafter referred to as the 'Committee'), which shall consist of the following members: The Secretary of State, the Secretary of the Interior, the Secretary of the Treasury, the Director of the Office of Defense Mobilization, and the Administrator of General Services. Each may designate a representative to act in his stead as a member of the Committee. In carrying out the provisions of this Act, the Corporation shall consult with the Committee. The Attorney General shall, upon request, give advice and assistance to the Corporation and the Committee.

"Sec. 4. [Receipt of purchase proposals].

"(a) The period for the receipt of proposals for the purchase or lease of the smelter and other assets shall be not less than ninety days and shall be fixed by the Corporation, giving due regard to the purposes of this Act. "(b) Promptly after the termination of the period for the receipt of proposals as fixed under subsection (a), and for such period thereafter (not less than thirty days) as may be determined by the Corporation, the Corporation shall negotiate with those submitting proposals for the purpose of entering into a definitive commitment for sale or lease.

"Sec. 5. [Extension of termination date; transfer of tin to and reimbursement by General Services Administration].

"(a) Section 2 of the joint resolution entitled 'Joint resolution to strengthen the common defense and to meet industrial needs for tin by providing for the maintenance of a domestic tin-smelting industry', approved June 28, 1947, as amended [this section], is amended by striking out 'June 30, 1956' and inserting in lieu thereof 'January 31, 1957'.

"(b) All tin acquired by the Corporation by reason of the extension under subsection (a) shall be transferred to the General Services Administration, which is authorized and directed to reimburse the Corporation there

"Sec. 6. [Contract of sale or lease]. If a contract of sale or lease is effected pursuant to the provisions of this Act, then such joint resolution of June 28, 1947, shall terminate (notwithstanding any provision thereof) at the close of business on the date of the transfer of possession of the smelter, but the Corporation may take all action necessary or appropriate for the purpose of completing the disposal of supplies, byproducts, concentrates, and other remaining property. If no contract of sale or lease is effected pursuant to the provisions of this Act prior to January 31, 1957, of the smelter and other assets or any part thereof, then the smelter or other assets or such part thereof as is not sold or leased shall promptly be reported as excess property for transfer and disposal In accordance with the provisions of the Federal Property and Administrative Services Act of 1949.

"Sec. 7. [Restriction]. Nothing in this Act shall be construed as preventing the Corporation from performing or otherwise administering contracts or other legally binding obligations."

MAINTENANCE OF DOMESTIC TIN-SMELTING INDUSTRY;
TRANSFER OF FUNCTIONS, ETC.

Joint resolution June 28, 1947, ch. 159, 61 Stat. 190, as amended June 29, 1948, ch. 722, 62 Stat. 1101; June 30, 1949, ch. 284, 63 Stat. 350; Aug. 21, 1950, ch. 766, 64 Stat. 468; July 30, 1953, ch. 282, title I, § 103, 67 Stat. 230; June 22, 1956, ch. 426, § 5 (a), 70 Stat. 329, provided:

"Section 1. Findings of fact and declaration of policy. (a) Tin is a highly strategic and critical material of which Insufficient ore reserves exist in the United States and of which an adequate supply is vital to the Nation's industrial, military, and naval requirements for the common defense.

"(b) Tin is now and for the immediate future will remain in supply short of the requirements of this country's industrial, military, and naval needs.

"(c) It is necessary in the public interest and to promote the common defense that Congress make a thorough study and investigation regarding the advisability of the maintenance on a permanent basis of a domestic tinsmelting industry and to study the availability of supplies of tin adequate to meet the industrial, military, and naval requirement of the Nation in time of national emergency.

"Section 2. Powers and duties of Reconstruction Finance Corporation; termination date. The powers, functions, duties, and authority of the United States heretofore exercised by the Reconstruction Finance Corporation (1) to buy, sell, and transport tin, and tin ore and concentrates; (2) to improve, develop, maintain, and operate by lease or otherwise the Government-owned tin smelter at Texas City, Texas; (3) to finance research in tin smelting and processing; and (4) to do all other things necessary to the accomplishment of the foregoing shall continue in effect until January 31, 1957, or until such earlier time as the Congress shall otherwise provide, and shall be exercised and performed by such officer, agency, or instrumentality of the United States as the President may designate.

"Section 3. Diversification of tin-recovery facilities in United States. In order to promote the conservation of the tin ore reserves of the Western Hemisphere and to increase their availability for the tin requirements of the United States through diversification of tin-recovery facilities in the United States, the powers exercised by the Reconstruction Finance Corporation or its successor and continued in effect by the provisions of section 2 hereof shall include authority to offer for sale from time to time and to sell to the highest bidder for the recovery in the United States of grade A pig tin, any tin concentrates or other tin-bearing materials heretofore or hereafter acquired by the Reconstruction Finance Corporation and containing not more than 25 per centum of tin; and to contract to buy up to an equivalent amount of such pig tin for future delivery, not to exceed four months from date of delivery of such concentrates or tin-bearing material to the processor, at the Reconstruction Finance Corporation's selling price for such grade on the date of such contract: Provided, That the minimum price at which any such concentrates or tin-bearing materials are so sold shall represent no less return to the Government, as determined or estimated by the Reconstruction Finance

Corporation (which determination or estimate shall be deemed conclusive), than would result through the Government itself transporting and treating such concentrates or tin-bearing materials in any Governmentowned or controlled facility and transporting and selling the pig tin recovered therefrom.

"Section 4. Reports to Congress. The Reconstruction Finance Corporation or the officer, agency, or instrumentality of the United States subsequently designated by the President shall render a full report to Congress on all its activities under this joint resolution not later than December 31, 1947, and at the end of each six months thereafter."

FEDERAL FACILITIES CORPORATION

Ex. Ord. No. 10539, June 22, 1954, 19 F. R. 3827, set out as a note under section 603 of Title 15, Commerce and Trade, designated the Federal Facilities Corporation to perform and exercise the functions formerly performed and exercised by the Reconstruction Finance Corporation under the Joint Resolution of June 28, 1947, 61 Stat. 190, set out as a note under this section.

DISPOSAL OF GOVERNMENT-OWNED TIN SMELTER AT TEXAS CITY, TEXAS; CANCELLATION OF OBLIGATIONS Cancellation of obligation of General Services Administration to Federal Facilities Corporation existing by virtue of section 5(b) of Joint Res. June 22, 1956, set out as a note under this section, see note entitled "Dissolution of Federal Facilities Corporation" set out under section 1929 of Appendix to this title.

CROSS REFERENCES

Domestic Rubber-Producing Industry, see sections 1921-1938 of Appendix to this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 98a, 98b, 98c, 98d, 98e, 98g, 98h of this title; title 7 sections 1743, 1745.

§ 98a. Strategic and critical materials; determination; quantity and quality to be purchased; formation and functions of industry advisory committees; subsistence and traveling expenses of members. (a) To effectuate the policy set forth in section 98 of this title the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy, and the Secretary of the Interior, acting jointly through the agency of the Munitions Board, are authorized and directed to determine, from time to time, which materials are strategic and critical under the provisions of section 98 to 98h of this title and to determine, from time to time, the quality and quantities of such materials which shall be stock piled under the provisions of said sections. In determining the materials which are strategic and critical and the quality and quantities of same to be acquired the Secretaries of State, Treasury, Agriculture, and Commerce shall each designate representatives to cooperate with the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy, and the Secretary of the Interior in carrying out the provisions of said sections.

(b) To the fullest extent practicable the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy, and the Secretary of the Interior, acting jointly, shall appoint industry advisory committees selected from the industries concerned with the materials to be stock piled. It shall be the general function of the industry advisory committees to advise with the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy, and the Secretary of the Interior and with any agencies through which they may exercise any of their functions under said sections with respect to

« PreviousContinue »