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50 U.S.C. § 98fSpecial Presidential disposal authority

submitted 87 years ago by Pub. L. 96-41 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 209 words · no verdicts yet

in plain englishAI-generated · not legal advice

Stockpile materials can be released for use or sale in three situations: by presidential order for national defense, by a designated official during war or emergency, or by the Under Secretary of Defense if the President allows it. Any such order must be quickly reported to Congress's Armed Services Committees.

(a) Stockpile materials can be released — for use, sale, or other disposal — in three ways: (1) By order of the President, at any time the President decides releasing the materials is needed for national defense. (2) During a war Congress has declared, or during a national emergency, by order of any U.S. officer or employee the President designated to issue disposal orders, if that officer or employee decides releasing the materials is needed for national defense. (3) By order of the Under Secretary of Defense for Acquisition and Sustainment, if the President has given the Under Secretary that authority, and if the Under Secretary decides releasing the materials is needed for national defense use, manufacturing, or production. (b) Whoever issues an order under subsection (a) — the President, or the officer or employee involved — must promptly report it in writing to the Senate and House Armed Services Committees.
the actual law source: uscode.house.gov ↗public domain
(a)

Materials in the stockpile may be released for use, sale, or other disposition—

(1)

on the order of the President, at any time the President determines the release of such materials is required for purposes of the national defense;

(2)

in time of war declared by the Congress or during a national emergency, on the order of any officer or employee of the United States designated by the President to have authority to issue disposal orders under this subsection, if such officer or employee determines that the release of such materials is required for purposes of the national defense; and

(3)

on the order of the Under Secretary of Defense for Acquisition and Sustainment, if the President has designated the Under Secretary to have authority to issue release orders under this subsection and, in the case of any such order, if the Under Secretary determines that the release of such materials is required for use, manufacture, or production for purposes of national defense.

(b)

Any order issued under subsection (a) shall be promptly reported by the President, or by the officer or employee issuing such order, in writing, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

Source credit: (June 7, 1939, ch. 190, § 7, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 322; amended Pub. L. 104–106, div. A, title XV, § 1502(e)(2), Feb. 10, 1996, 110 Stat. 509; Pub. L. 106–65, div. A, title X, § 1067(13), Oct. 5, 1999, 113 Stat. 775; Pub. L. 112–239, div. A, title XIV, § 1413(a), Jan. 2, 2013, 126 Stat. 2048; Pub. L. 116–92, div. A, title IX, § 902(90), Dec. 20, 2019, 133 Stat. 1554.)

history & why it existsrecord from the source credit
  • 1939Enacted · Pub. L. 96-41 · 93 Stat. 322
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 509
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 775
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 2048
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1554

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-41 on 1939-06-07.

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