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the purchase, sale, care, and handling of such materials. Members of the industry advisory committees shall receive a per diem allowance of not to exceed $10 for each day spent at conferences held upon the call of the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy, and the Secretary of the Interior, plus necessary traveling and other expenses while so engaged. (June 7, 1939, ch. 90, $ 2, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596.)

CODIFICATION The Secretary of the Air Force was inserted under the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of such act July 26, 1947. Sections 205(a) and 207 (a), (f) of act July 26, 1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011--3013 and 8011–8013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively.

AMENDMENTS 1946-Act July 23, 1946, redesignated former section as subsec. (a) and added subsec. (b) to provide for the creation of industry advisory committees.

TRANSFER OF FUNCTIONS The term "Army and Navy Munitions Board" was changed to "Munitions Board" on authority of act July 26, 1947, ch. 343, title II, § 213, 61 Stat. 505. Section 213 established the Munitions Board in the Department of Defense, terminated the Army and Navy Munitions Board effective as of date of assumption of office by first Chairman of Munitions Board, and transferred the records and personnel of the latter to the former.

All functions under section 98 et seq. of this title vested in the Secretaries of the Army, Navy. Air Force, and Interior or in any of them or in any combination of them, including the functions vested in the Army and Navy Munitions Board by section 98e (2) of this title, but excluding the functions vested in the Secretary of the Interior by section 981 of this title, were transferred to the Director of the Office of Defense Mobilization by 1953 Reorg. Plan No. 3, § 2 (b), eff. June 12, 1953, 18 F. R. 3375, 67 Stat. 634, set out as a note under section 404 of this title.

ABOLITION OF FUNCTIONS Any functions which were vested in the Army and Navy Munitions Board or the Munitions Board with respect to serving as agent through which the Secretaries of the Army, Navy, Air Force, and Interior jointly acted under this section were abolished by 1953 Reorg. Plan No. 3, $ 5 (c), eff. June 12, 1953, 18 F. R. 3375, 67 Stat. 634, set out as a note under section 404 of this title.

USE OF FOREIGN CURRENCIES Use of foreign currencies, accruing with respect to disposition of surplus agricultural commodities to foreign countries, for the purchase of strategic and critical materials, see section 1704 of Title 7, Agriculture.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98, 98, 980, 980, 98e, 988, 98g, 98h of this title; title 7 sections 1743, 1745; title 15 section 714b.

which purchases (1) shall be made, so far as is practicable, from supplies of materials in excess of the current industrial demand and (2) shall be made in accordance with sections 10a to 10c of Title 41, but may be made without regard to section 5 of Title 41. A reasonable time (not to exceed one year) shall be allowed for production and delivery from domestic sources and in the case of any such material avail. able in the United States but which has not been developed commercially, the Secretary of the Army, the Secretary of the Air Force, and the Secretary of the Navy may, if they find that the production of such material is economically feasible, direct the purchase of such material without requiring the vendor to give bond;

(b) provide for the storage, security, and maintenance of strategic and critical materials for stockpiling purposes on military and naval reservations or other locations, approved by the Secretary of the Army, the Secretary of the Air Force, and the Secretary of the Navy;

(c) provide through normal commercial channels for the refining or processing of any materials acquired or transferred under sections 98 to 98h of this title when the Secretary of the Army, the Secretary of the Air Force, and the Secretary of the Navy deem such action necessary to convert such materials into a form best suitable for stock piling, and such materials may be refined, processed, or otherwise beneficiated either before or after their transfer from the owning agency;

(d) provide for the rotation of any strategic and critical materials constituting a part of the stock pile where necessary to prevent deterioration by replacement of acquired stocks with equivalent quantities of substantially the same material with the approval of the Secretary of the Army, the Secretary of the Air Force, and the Secretary of the Navy;

(e) dispose of any materials held pursuant to sec.tions 98 to 98h of this title which are no longer needed because of any revised determination made pursuant to section 98a of this title, as hereinafter provided. No such disposition shall be made until six months after publication in the Federal Register and transmission of a notice of the proposed disposition to the Congress and to the Armed Services Committee of each House thereof. Such notice shall state the reasons for such revised determination, the amounts of the materials proposed to be released, the plan of disposition proposed to be followed, and the date upon which the material is to become available for sale or transfer. The plan and date of disposition shall be fixed with due regard to the protection of the United States against avoidable loss on the sale or transfer of the material to be released and the protection of producers, processors, and consumers against avoidable disruption of their usual markets: Provided, That no material constituting a part of the stock piles may be disposed of without the express approval of the Congress except where the revised determination is by reason of obsolescence of that material for use in time of war. For the purposes of this paragraph a revised determination is by reason of obsolescence if such determination is on account of (1) deterioration, (2) development or discovery of a new or better material or materials, or (3) no further usefulness for use in time of war.

$ 98b. Purchase, storage, refinement, rotation, and

disposal of materials. The Secretary of the Army, the Secretary of the Air Force, and the Secretary of the Navy shall direct the Administrator of General Services to

(a) make purchases of strategic and critical materials with due regard to the objectives set forth in section 98 of this title and pursuant to the determinations as provided in section 98a of this title,

(June 7, 1939, ch. 190, $ 3, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 597; Aug. 2, 1946, ch. 753, title I, $$ 102, 121, 60 Stat. 815, 822; June 30, 1949, ch. 288, title I, § 102 (a), 63 Stat. 380.)

CODIFICATION In the opening paragraph the "Administrator of General Services" has been substituted for the "Secretary of the Treasury, through the medium of the Procurement Division of his Department on the authority of act June 30, 1949, which abolished the Bureau of Federal Supply and transferred its functions to the Administrator. The Bureau of Federal Supply had previously absorbed the Procurement Division and its functions. For abolishment of Bureau and the transfer of its functions, see section 752 of Title 40, Public Buildings, Property, and Works.

The Secretary of the Air Force was inserted under the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of such act July 26, 1947. Sections 205 (a) and 207 (a), (f) of act July 26, 1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956 enacted "Title 10, Armed Forces", which in sections 3011—3013 and 801148013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively.

AMENDMENTS 1946_Act July 23, 1946, provided competitive bidding In the purchase of materials, refinement and processing of materials, and for the disposition of materials which are no longer needed because of a revised determination.

CHANGE OF NAME The Military Affairs Committees of both Houses were designated the Armed Services Committees by act Aug. 2, 1948.

TRANSFER OF FUNCTIONS All functions under section 98 et seq. of this title Fested in the Secretaries of the Army, Navy, Air Force, and Interior or in any of them or in any combination of them, including the functions vested in the Army and Navy Munitions Board by section 98e (2) of this title, but excluding the functions vested in the Secretary of the Interior by section 981 of this title, were transferred to the Director of the Office of Defense Mobilization by 1953 Reorg. Plan No. 3, § 2 (b), eff. June 12, 1953, 18 F. R. 3375, 67 Stat. 634, set out as a note under section 404 of this title.

SALE OF MATERIALS EXCESS TO STOCKPILE NEEDS Pub. L. 86-255, title I, $ 101, Sept. 14, 1959, 73 Stat. 506, provided in part that to the extent materials sold under subsection (d) of this section to prevent deterioration are excess to stockpile needs the replacement provisions of said subsection (d) shall not be mandatory.

USE OF FOREIGN CURRENCIES Use of foreign currencies, accruing with respect to disposition of surplus agricultural commodities to foreign countries, for the purchase of strategic and critical materials, see section 1704 of Title 7, Agriculture.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98, 98a, 980, 980, 980, 98g, 98h of this title; title 7 sections 1743, 1745.

administration of said sections as will enable the Congress to evaluate its administration and the need for amendments and related legislation. (June 7, 1939, ch. 190, § 4, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 598.)

CODIFICATION The Secretary of the Air Force was inserted under the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of such act July 26, 1947. Sections 205(a) and 207 (a), (f) of act July 26, 1947 were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 and 8011—8013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively.

AMENDMENTS 1946-Act July 23, 1946, amended section generally to provide for semi-annual reports to Congress. Former provisions of section related to use of materials acquired and are now covered by section 98d of this title.

TRANSFER OF FUNCTIONS All functions under section 98 et seq. of this title vested in the Secretaries of the Army, Navy, Air Force, and Interior or in any of them or in any combination of them, including the functions vested in the Army and Navy Munitions Board by section 98e (2) of this title, but excluding the functions vested in the Secretary of the Interior by section 98f of this title, were transferred to the Director of the Office of Defense Mobilization by 1953 Reorg. Plan No. 3, § 2 (b), eff. June 12, 1953, 18 F. R. 3375, 67 Stat. 634, set out as a note under section 404 of this title.

USE OF FOREIGN CURRENCIES Use of foreign currencies, accruing with respect to disposition of surplus agricultural commodities to foreign countries, for the purchase of strategic and critical materials, see section 1704 of Title 7, Agriculture.

OPTICAL GLASS The former Procurement Division of the Treasury Department (now the Administrator of General Services) was authorized to make use of optical glass acquired pursuant to sections 98-98h of this title for the manufacture of binoculars, by sale or other disposition for war production purposes to such buyers or users in such amounts as may be requested by Chairman of War Production Board, by Ex. Ord. No. 9242, Sept. 11, 1942, 7 F. R. 7213.

QUININE SULFATE The former Procurement Division of the Treasury Department (now the Administrator of General Services) was authorized to make available from stock acquired pursuant to sections 9898h of this title, certain quantities of quinine sulfate for use of the Army and Navy by Ex. Ord. No. 9317, Mar. 20, 1943, 8 F. R. 3561.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98, 98, 98b, 980, 98e, 98g, 98h of this title; title 7 sections 1743, 1745.

898c. Reports to Congress.

The Secretary of the Army, the Secretary of the Air Force, and the Secretary of the Navy shall submit to the Congress, not later than six months after July 23, 1946, and every six months thereafter a written report detailing the activities with respect to stock piling under sections 98 to 98h of this title, including a statement of foreign and domestic purchases, and such other pertinent information on the

$98d. Release of stock pile materials.

The stock piles shall consist of all such materials prior to July 23, 1946 purchased or transferred to be held pursuant to sections 98 to 98h of this title, or after July 23, 1946, transferred pursuant to section 98e of this title, or after July 23, 1946, purchased pursuant to section 98b of this title, and not disposed of pursuant to sections 98 to 98h of this title. Except for the rotation to prevent deterioration and except for the disposal of any material pursuant to section 98b of this title, materials acquired under sections 98 to 98h of this title shall be released for use, sale, or other disposition only (a) on order of the President at any time when in his judgment such release is required for purposes of the common defense, or (b) in time of war or during a national emergency with respect to common defense proclaimed by the President, on order of such agency as may be designated by the President.

(June 7, 1939, ch. 190, § 5, 53 Stat. 812; July 23, 1946, ch. 590, 60 Stat. 598.)

AMENDMENTS 1946–Act July 23, 1946, amended section generally to provide for the release of stock pile materials. Former provisions of section related to contracts for purchases and are now covered by section 98b (a) of this title.

EXECUTIVE ORDER No. 10638 Ex. Ord. No. 10638, Oct. 11, 1955, 20 F.R. 7637, as amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R. 6971, which related to authorization to the Director of the Office of Civil and Defense Mobilization to order release of stockpile materials, was superseded by 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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98, 98a, 98, 980, 980, 98g, 98h of this title; title 7 sections 1743, 1745.

acquisition of materials under sections 98 to 98h of this title.

(b) Any transfer made pursuant to this section shall be made without charge against or reimbursement from the funds available under sections 98 to 98h of this title, except that expenses incident to such transfer may be paid or reimbursed from such funds, and except that, upon any such transfer from the Reconstruction Finance Corporation, or any corporation organized by virtue of the authority contained in sections 601, 605, 606, 607, 608, 609, and 611 of Title 15, and section 82 of Title 12, the Secretary of the Treasury shall cancel notes of Reconstruction Finance Corporation, and sums due and unpaid upon or in connection with such notes at the time of such cancellation, in an amount equal to the fair market value as determined by the Secretary of the Treasury of the material so transferred.

(c) Effective whenever the Secretary of the Treasury shall cancel any notes pursuant to subsection (b) of this section, the amount of notes, debentures, bonds, or other such obligations which the Reconstruction Finance Corporation is authorized and empowered to have outstanding at any one time under the provisions of existing law shall be deemed to be reduced by the amount of the notes so canceled. (June 7, 1939, ch. 190, $ 6, 53 Stat. 812; May 28, 1941, ch. 135, 55 Stat. 206; July 23, 1946, ch. 590, 60 Stat. 598; Ex. Ord. No. 9809, Dec. 12, 1946, 11 F.R. 14281; Ex. Ord. No. 9841, Apr. 23, 1947, 12 F.R. 2645; June 30, 1949, ch. 288, title I, $ 105, 63 Stat. 381.)

8 98e. Transfer of surplus materials to stock piles ;

exceptions; payments; reduction of amount of obligations of Reconstruction Finance Corporation. (a) Pursuant to regulations issued by the General Services Administration, every material determined to be strategic and critical pursuant to section 98a of this title, which is owned or contracted for by the United States or any agency thereof, including any material received from a foreign government under an agreement made pursuant to sections 411, 412 and 413 to 419 of Title 22, or other authority, shall be transferred by the owning agency, when determined by such agency to be surplus to its needs and responsibilities, to the stock piles established pursuant to sections 98 to 98h of this title, so long as the amount of the stock pile for that material does not exceed the quantities determined therefor pursuant to section 98a of this title. There shall be exempt from this requirement such amount of any material as is necessary to make up any deficiency of the supply of such material for the current requirements of industry as determined by the Secretary of Commerce. There shall also be exempt from this requirement (1) any material which constitutes contractor inventory if the owning agency shall not have taken possession of such inventory, (2) such amount of any material as the Munitions Board determines (i) are held in lots so small as to make the transfer thereof economically impractical; or (ii) do not meet or cannot economically be converted to meet, stock pile requirements determined in accordance with section 98a of this title. The total material transferred to the stock piles established by sections 98 to 98h of this title in accordance with this section during any fiscal year beginning more than twelve months after July 23, 1946 shall not exceed in value (as determined by the Secretary of the Treasury on the basis of the fair market value at the time of each transfer) an amount to be fixed by the appropriation Act or Acts relating to the

REFERENCES IN TEXT Sections 411, 412, and 413 to 419 of Title 22, referred to in subsec. (a), were omitted from the Code.

AMENDMENTS 1946-Act July 23, 1946, amended section generally to provide for transfers to stock piles of surplus materials without reimbursement, and for the reduction of amount of obligations of Reconstruction Finance Corporation. Former provisions of section related to appropriations and are now covered by section 98g of this title.

1941—Act May 28, 1941, added provisions making funds from sales or other dispositions of property under sections 98—98e of this title available for expenditure for purposes of those sections.

TRANSFER OF FUNCTIONS The functions, records, property, etc. of the War Assets Administration were transferred to the General Services Administration and the War Assets Administration was abolished by act June 30, 1949.

The term "Army and Navy Munitions Board” was changed to "Munitions Board" on authority of act July 26, 1947, ch. 343, title II, § 213, 61 Stat. 505. Section 213 established the Munitions Board in the Department of Defense, terminated the Army and Navy Munitions Board effective as of date of assumption of office by first chairman of Munitions Board, and transferred the records and personnel of the latter to the former.

All functions under section 98 et seq. of this title vested in the Secretaries of the Army, Navy, Air Force, and Interior or in any of them or in any combination of them, including the functions vested in the Army and Navy Munitions Board by section 98e (2) of this title, but excluding the functions vested in the Secretary of the Interior by section 98f of this title, were transferred to the Director of the Office of Defense Mobilization by 1953 Reorg. Plan No. 3, § 2 (b), eff. June 12, 1953, 18 F. R. 3375, 67 Stat. 634, set out as a note under section 404 of this title.

"Secretary of Commerce" was substituted for "Civillan Production Administration or its successor" In view of consolidation of Civilian Production Administration with Navy Munitions Board by section 98e (2) of this title, but excluding the functions vested in the Secretary of the Interior by this section, were transferred to the Director of the Ofice of Defense Mobilization by 1963 Reorg. Plan No. 3, § 2 (b), eft. June 12, 1953, 18 F. R. 3375, 67 Stat. 634, set out as a note under section 404 of this title.

other agencies to form Ofice of Temporary Controls, and transfer of functions of Office of Temporary Controls to the Secretary of Commerce by Ex. Ord. Nos. 9809 and 9841.

ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Section 6 (a) of 1957 Reorg. Plan. No. 1, effective June 30, 1957, 22 F.R. 4633, 71 Stat. 647.

CROSS REFERENCES Appropriations for investigations, etc., see section 981 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98, 988, 98, 98c, 980, 98g, 98h of this title; title 7 sections 1743, 1745.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98, 98a, 98, 980, 980, 98e, 98g, 98h of this title; title 7 sections 1743, 1745.

898f. Investigations of domestic ores, minerals, and

agriculture resources for purposes of development, etc. (a) The Secretary of the Interior, through the Director of the Bureau of Mines and the Director of Geological Survey, is authorized and directed to make scientific, technologic, and economic investigations concerning the extent and mode of occurrence, the development, mining, preparation, treatment, and utilization of ores and other mineral substances found in the United States or its Territories or insular possessions, which are essential to the common defense or the industrial needs of the United States, and the quantities or grades of which are inadequate from known domestic sources, in order to determine and develop domestic sources of supply, to devise new methods for the treatment and utilization of lower grade reserves, and to develop substitutes for such essential ores and mineral products; on public lands and on privately owned lands, with the consent of the owner, to explore and demonstrate the extent and quality of deposits of such minerals, including core drilling, trenching, testpitting, shaft sinking, drifting, cross-cutting, sampling, and metallurgical investigations and tests as may be necessary to determine the extent and quality of such deposits, the most suitable methods of mining and beneficiating them, and the cost at which the minerals or metals may be produced.

(b) The Secretary of Agriculture is authorized and directed to make scientific, technologic, and economic investigations of the feasibility of developing domestic sources of supplies of any agricultural material or for using agricultural commodities for the manufacture of any material determined pursuant to section 98a of this title to be strategic and critical or substitutes therefor. (June 7, 1939, ch. 190, $ 7. 53 Stat. 812; July 23, 1946, ch. 590, 60 Stat. 599.)

AMENDMENTS 1946—Subsec. (a) reenacted by act July 23, 1946. Subsec. (b) amended generally by act July 23, 1946, to provide

for agricultural Investigations. Former provisions of subsec. (b) related to appropriations for carrying out the work of subsec. (a) and are now covered by section 98g of this title.

TRANSFER OF FUNCTIONS All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, $1, eff. June 4, 1953, 18 F. R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.

All functions under section 98 et seq. of this title vested in the Secretaries of the Army, Navy, Air Force, and Interior or in any of them or in any combination of them, including the functions vested in the Army and

8 98g. Appropriations.

For the procurement, transportation, maintenance, rotation, storage, and refining or processing of the materials to be acquired under sections 98 to 98h of this title, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as the Congress, from time to time, may deem necessary to carry out the provisions of said sections. The funds so appropriated, including the funds heretofore appropriated, shall remain available to carry out the purposes for which appropriated until expended, and shall be expended under the joint direction of the Secretary of the Army, the Secretary of the Air Force, and the Secretary of the Navy. (June 7, 1939, ch. 190, § 8, as added July 23, 1946, ch. 590, 60 Stat. 600.)

CODIFICATION The Secretary of the Air Force was inserted under the authority of section 207 (a), (1) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of such act July 26, 1947. Sections 205(a) and 207 (a), (f) of act July 26, 1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section of act Aug. 10, 1956 enacted "Title 10, Armed Forces", which in sections 3011-3013 and 8011—8013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98, 98a, 98b, 980, 98d, 98e, 98h of this title; title 7 sections 1743, 1745.

898h. Disposition of receipts.

Any funds prior to or after July 23, 1946, received on account of sales or other dispositions of materials under the provisions of sections 98 to 98h of this title, except funds received on account of the rotation of stocks, shall be covered into the Treasury as miscellaneous receipts. (June 7, 1939, ch. 190, § 9, as added July 23, 1946, ch. 590, 60 Stat. 600.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section's 98, 984, 98b, 98C, 98d, 98, 98g of this title; title 7 sections 1743, 1745.

8 98i. Repealed. Pub. L. 85-861, § 36A, Sept. 2, 1958,

72 Stat. 1570. Section, act Aug. 3, 1956, ch. 939, title IV, § 416, 70 Stat. 1018, related to contracts for storage, handling, and distribution of liquid fuels and is now covered by section 2388 of Title 10, Armed Forces.

$ 99. Prohibition or curtailment of exportation of military equipment or supplies; penalties.

CODIFICATION Section, act July 2, 1940, 10:55 a. m., E. 8. T., ch. 508, $ 6, 54 Stat. 714, was transferred to former section 701 of Appendix to this title and repealed by act Aug. 10. 1956. ch. 1041, § 53, 70A Stat. 641.

8 100. Nitrate plants. (a) Investigations; designation of sites; construction

and operation of dams, locks, improvements to navigation, etc. The President of the United States may make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is the best and cheapest to use; and is also authorized to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for national defense; and is further authorized to construct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and other plants and equipment or other means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of electrical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products. (b) Lease, purchase, or acquisition of lands and rights

of way; purchase or acquisition of materials, min

erals, and processes. The President is authorized to lease, buy, or acquire, by condemnation, gift, grant, or devise, such lands and rights of way as may be necessary for the construction and operation of such plants and to take from any lands of the United States, or to buy or acquire by condemnation materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products. (c) Use of products of plants; disposal of surplus.

The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by him under such regulations as he may prescribe. (d) Employment of officers, agents, or agencies.

The President is authorized to employ such officers, agents, or agencies as may in his discretion be necessary to enable him to carry out the purposes herein specified, and to authorize and require such officers, agents, or agencies to perform any and all of the duties imposed upon him by the provisions hereof.

§ 100a. Scrap-processing facilities; acquisition, con

struction, or operation. No funds available to agencies of the Department of Defense shall be used for the operation, acquisition or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. (Pub. L. 91-668, title VIII, § 812, Jan. 11, 1971, 84 Stat. 2032.)

SIMILAR PROVISIONS Section is from the Department of Defense Appropriation Act, 1971, Pub. L. 91-668. Similar provisions were contained in the following prior appropriation acts:

1969—Pub. L. 91-171, title VI, § 612, Dec. 29, 1969, 83 Stat. 481,

1968—Pub. L. 90–580, title V, § 511, Oct. 17, 1968, 82 Stat. 1131.

1967-Pub. L. 90–96, title VI, S 611, Sept. 29, 1967, 81 Stat. 244.

1966-Pub, L. 89-687, title VI, § 611, Oct. 15, 1966, 80 Stat. 992.

1965-Pub. L. 89-213, title VI, $ 611, Sept. 29, 1965, 79 Stat. 875.

1964Pub. L. 88–446, title V, § 511, Aug. 19, 1964, 78 Stat. 476.

1963—Pub. L. 88–149, title V, $ 511, Oct. 17, 1963, 77 Stat. 265.

1962—Pub. L. 87-577, title V, $ 511, Aug. 9, 1962, 76 Stat. 329.

1961-Pub. L. 87-144, title VI, § 611, Aug. 17, 1961, 75 Stat. 377.

1960_Pub. L. 86–601, title V, 511, July 7, 1960, 74 Stat. 351.

1959_Pub. L. 86–166, title V, $ 611, Aug. 18, 1959, 73 Stat. 380.

1958_Pub. L. 85–724, title VI, $ 611, Aug. 22, 1958, 72 Stat. 725.

1957—Pub. L. 85-117, title VI, § 612, Aug. 2, 1957, 71 Stat. 325.

1956_July 2, 1956, ch. 488, title VI, $ 612, 70 Stat. 469. 1955-July 13, 1955, ch. 358, title VII, & 715, 69 Stat. 352. 1954June 30, 1954, ch. 432, title VII, § 715, 68 Stat. 352.

Chapter 6.—WILLFUL DESTRUCTION, ETC., OF

WAR OR NATIONAL-DEFENSE MATERIAL

S$ 101 to 106. Repealed. June 25, 1948, ch. 645, $ 21, 62

Stat. 862, eff, Sept. 1, 1948. Section 101, acts Apr. 20, 1918, ch. 59, § 1, 40 Stat. 533; Nov. 30, 1940, ch. 926, 54 Stat. 1220; Dec. 24, 1942, ch. 824, 56 Stat. 1087; 1946 Proc. No. 2695, eff. July 4, 1946, 11 F. R. 7517, 60 Stat. 1352, related to definition of war terms, and is now covered by section 2151 of Title 18, Crimes and Criminal Procedure.

Section 102, act Apr. 20, 1918, ch. 59, $ 2, 40 Stat. 534, related to destruction or injury of war material in time of war, and is now covered by section 2153 of Title 18, Crimes and Criminal Procedure.

Section 103, act Apr. 20, 1918, ch. 59, $ 3, 40 Stat. 534, related to making or causing to be made defective war material, and is now covered by section 2154 of Title 18, Crimes and Criminal Procedure.

Section 104, act Apr. 20, 1918, ch. 59, $4, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, and amended Aug. 21, 1941, ch. 388, 55 Stat. 655, related to definition of national-defense terms, and is now covered by section 2151 of Title 18, Crimes and Criminal Procedure.

Section 105, act Apr. 20, 1918, ch. 59, § 5, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, related to destruction or injury of national-defense materials, and is now covered by section 2155 of Title 18, Crimes and Criminal Procedure.

(e) Government construction and operation

The plant or plants provided for under this section shall be constructed and operated solely by the Government and not in conjunction with any other industry or enterprise carried on by private capital. (Aug. 10, 1956, ch. 1041, $ 37, 70A Stat. 634.)

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