(6) The term "informant" means any individual who furnishes information to an intelligence agency in the course of a confidential relationship protecting the identity of such individual from public disclosure. (7) The terms "officer" and "employee" have the meanings given such terms by section 2104 and 2105, respectively, of title 5. (8) The term "Armed Forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (9) The term "United States", when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands. (10) The term "pattern of activities" requires a series of acts with a common purpose or objective. (July 26, 1947, ch. 343, title VI, § 606, as added June 23, 1982, Pub. L. 97-200, § 2(a), 96 Stat. 123.) CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 40 sections 474, 490. § 451. Congressional declaration of purpose and policy In enacting this chapter it is the intent of Congress (1) to provide a comprehensive and continuous program for the future safety and for the defense of the United States by providing adequate measures whereby an essential nucleus of Government-owned industrial plants and an industrial reserve of machine tools and other industrial manufacturing equipment may be assured for immediate use to supply the needs of the Armed Forces in time of national emergency or in anticipation thereof; (2) that such Government-owned plants and such reserve shall not exceed in number or kind the minimum requirements for immediate use in time of national emergency, and that any such items which shall become excess to such requirements shall be disposed of as expeditiously as possible; (3) that to the maximum extent practicable, reliance will be placed upon private industry for support of defense production; and (4) that machine tools and other industrial manufacturing equipment may be held in plant equipment packages or in a general reserve to maintain a high state of readiness for production of critical items of defense materiel, to provide production capacity not available in private industry for defense materiel, or to assist private industry in time of national disaster. (July 2, 1948, ch. 811, § 2, 62 Stat. 1225; Nov. 16, 1973, Pub. L. 93-155, title VIII, § 809, 87 Stat. 617.) AMENDMENTS 1973-Pub. L. 93-155 designated existing provisions as items (1) and (2), substituted "industrial reserve of machine tools and other industrial manufacturing equipment" for "national reserve of machine tools and industrial manufacturing equipment" in item (1), substituted "excess" for "surplus" in item (2), and added items (3) and (4). SHORT TITLE Section 1 of act July 2, 1948, as amended by Pub. L. 93-155, § 809, provided: "That this Act [enacting this chapter] may be cited as the 'Defense Industrial Reserve Act'." § 452. Definitions As used in this chapter (1) The term "Secretary" means Secretary of Defense. (2) The term "Defense Industrial Reserve" means (A) a general reserve of industrial manufacturing equipment, including machine tools, selected by the Secretary of Defense for retention for national defense or for other emergency use; (B) those industrial plants and installations held by and under the control of the Department of Defense in active or inactive status, including Government-owned/Government-operated plants and installations and Government-owned/contractor-operated plants and installations which are retained for use in their entirety, or in part, for production of military weapons systems, munitions, components, or supplies; (C) those industrial plants and installations under the control of the Secretary which are not required for the immediate need of any department or agency of the Government and which should be sold, leased, or otherwise disposed of. (3) The term "plant equipment package" means a complement of active and idle machine tools and other industrial manufacturing equipment held by and under the control of the Department of Defense and approved by the Secretary for retention to produce particular defense materiel or defense supporting items at a specific level of output in the event of emergency. (July 2, 1948, ch. 811, § 3, 62 Stat. 1225; Nov. 16, 1973, Pub. L. 93-155, title VIII, § 809, 87 Stat. 617.) AMENDMENTS 1973-Pub. L. 93-155 substituted definitions of "Secretary", "Defense Industrial Reserve", and "plant equipment package" in subds. (1) to (3) for prior subsecs. (a) to (c) definitions of "national industrial reserve", "excess industrial property", and "national security clause", respectively. § 453. Powers and duties of Secretary of Defense To execute the policy set forth in this chapter, the Secretary is authorized and directed to (1) determine which industrial plants and installations (including machine tools and other industrial manufacturing equipment) should become a part of the defense industrial reserve; (2) designate what excess industrial property shall be disposed of; (3) establish general policies and provide for the transportation, handling, care, storage, protection, maintenance, repair, rebuilding, utilization, recording, leasing and security of such property; (4) direct the transfer without reimbursement of such property to other Government agencies with the consent of such agencies; (5) direct the leasing of any of such property to designated lessees; (6) authorize the disposition in accordance with existing law of any of such property when in the opinion of the Secretary such property is no longer needed by the Department of Defense; and (7) authorize and regulate the lending of any such property to any nonprofit educational institution or training school whenever (A) the program proposed by such institution or school for the use of such property will contribute materially to national defense, and (B) such institution or school shall by agreement make such provision as the Secretary shall deem satisfactory for the proper maintenance and care of such property and for its return, without expense to the Government, upon request of the Secretary. (July 2, 1948, ch. 811, § 4, 62 Stat. 1226; Nov. 16, 1973, Pub. L. 93-155, title VIII, § 809, 87 Stat. 617.) AMENDMENTS 1973-Pub. L. 93-155 substituted "execute" for "effectuate", "this chapter" for "section 451 of this title", and "Secretary" for "Secretary of Defense" in the introductory text. Cl. (1). Pub. L. 93-155 substituted "industrial plants and installations (including machine tools and other industrial manufacturing equipment) should become a part of the defense industrial reserve" for "excess industrial properties should become a part of the national industrial reserve under the provisions of this chapter". Cl. (2). Pub. L. 93-155 redesignated cl. (4) as (2), deleted following "disposed of" the words "subject to the provisions of the national security clause", and struck out former cl. (2) provisions respecting duty to formulate a national security clause and vary or modify from time to time in such manner as best to attain the objectives of the chapter, having due regard to securing advantageous terms to the Government in the disposal of excess industrial property. Cl. (3). Pub. L. 93-155 added cl. (3) and struck out former cl. (3) provisions respecting consent to relinquishment or waiver of any national security clause in specific cases when necessary to permit disposition of particular excess industrial property when such property is no longer essential to the national security. Cl. (4). Pub. L. 93-155 added cl. (4). Former cl. (4) redesignated (2). Cls. (5) to (7). Pub. L. 93-155 added cls. (5) to (7). § 454. Reports to Congress The Secretary shall submit to the Congress on or before April 1 of each year a report detailing the action taken under this chapter and containing such other pertinent information regarding the status of the defense industrial reserve as will enable the Congress to evaluate the administration of such reserve and the necessity or desirability for any legislative action regarding such reserve. (July 2, 1948, ch. 811, § 5, 62 Stat. 1226; Nov. 16, 1973, Pub. L. 93-155, title VIII, § 809, 87 Stat. 618.) PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 12 of act July 2, 1948, ch. 811, 62 Stat. 1228 (classified to section 461 of this title) prior to the general amendment of act July 2, 1948, by Pub. L. 93-155. AMENDMENTS 1973-Pub. L. 93-155 substituted provisions respecting reports to Congress, for prior provisions respecting plant disposal, modification of national security clause, transfers to Administrator of General Services, and transfers of machine tools, now covered in section 453 of this title. § 455. Authorization of appropriations There are authorized to be appropriated such sums as the Congress may from time to time determine to be necessary to enable the Secretary to carry out the provisions of this chapter. (July 2, 1948, ch. 811, § 6, 62 Stat. 1226; Nov. 16, 1973, Pub. L. 93-155, title VIII, § 809, 87 Stat. 618.) PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 14 of act July 2, 1948, ch. 811, 62 Stat. 1228 (classified to section 462 of this title) prior to the general amendment of act July 2, 1948, by Pub. L. 93-155. AMENDMENTS 1973-Pub. L. 93-155 substituted provisions respecting authorization of appropriations, for prior provisions respecting acceptance of plants by Administrator of General Services, disposition of plants, and conditions of lease, now covered in section 453 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1941f of Appendix to this title. §§ 456 to 462. Omitted CODIFICATION Sections 456 to 462 were omitted in the general amendment of act July 2, 1948, ch. 811 by Pub. L. 93-155, title VIII, § 809, Nov. 16, 1973, 87 Stat. 617. See sections 453 to 455 of this title. Section 456, act July 2, 1948, ch. 811, § 7, 62 Stat. 1227, related to powers of Secretary of Defense respecting property in national industrial reserve. See section 453 of this title. Section 457, act July 2, 1948, ch. 811, § 8, 62 Stat. 1227, related to transportation, maintenance, disposition, etc., of transferred property. See section 453 of this title. Section 458, act July 2, 1948, ch. 811, § 9, 62 Stat. 1227, related to limitation on acquisition of property. Section 459, act July 2, 1948, ch. 811, § 10, 62 Stat. 1227, provided for an Industrial Reserve Review Committee, its composition, appointment, tenure, and compensation and related to the inapplicability of certain laws to the Committee solely by reason of appointment to and membership on such Committee. Section 460, act July 2, 1948, ch. 811, § 11, 62 Stat. 1228, related to the duties of the Industrial Reserve Review Committee, including the making of recommendations to the Secretary of Defense. Section 461, act July 2, 1948, ch. 811, § 12, 62 Stat. 1228, provided for reports to Congress. See section 454 of this title. Section 462, acts July 2, 1948, ch. 811, § 14, 62 Stat. 1228; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380, authorized appropriations. See section 455 of this title. CHAPTER 17-ARMING AMERICAN VESSELS § 481. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section, act June 29, 1948, ch. 715, § 1, 62 Stat. 1095, provided for the arming of American vessels during a war or national emergency. See section 351 of Title 10, Armed Forces. Sec. 491. 492. 493. 494. CHAPTER 18-AIR-WARNING SCREEN Establishment and development of landbased air warning and control installations and facilities; extent of appropriation; procurement of communication services. Acquisition of land. Authorization of appropriations. Supervision and control of project. § 491. Establishment and development of land-based air warning and control installations and facilities; extent of appropriation; procurement of communication services The Secretary of the Air Force is authorized to establish and develop within and without the continental limits of the United States in fulfilling the air defense responsibilities of the Department of the Air Force such land-based air warning and control installations and facilities, by the construction, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, utilities, and access roads, and to provide for necessary administration and planning therefor, without regard to section 3324(a) and (b) of title 31, as he may deem necessary in the interest of national security: Provided, That not to exceed $85,500,000 shall be appropriated for the construction of public works authorized by this section. The Secretary of the Air Force is authorized to procure communication services required for the semiautomatic ground environment system. No contract for such services may be for a period of more than ten years from the date communication services are first furnished under such contract. The aggregate contingent liability of the Government under the termination provisions of all contracts authorized hereunder may not exceed a total of $222,000,000 and no termination payment shall be final until audited and approved by the General Accounting Office which shall have access to such carrier records and accounts as it may deem necessary for the purpose. In procuring such services, the Secretary of the Air Force shall utilize to the fullest extent practicable the facilities and capabilities of communication common carriers, including rural telephone cooperatives, within their respective service areas and for power supply, shall utilize to the fullest extent practicable, the facilities and capabilities of public utilities and rural electric cooperatives within their respective service areas. Negotiations with communication common carriers, in cluding cooperatives, and representation in proceedings involving such carriers before Federal and State regulatory bodies where such negotiations or proceedings involve contracts authorized by this paragraph shall be in accordance with the provisions of section 481 of title 40. (Mar. 30, 1949, ch. 41, § 1, 63 Stat. 17; Aug. 3, 1956, ch. 939, title III, § 303, 70 Stat. 1012; July 12, 1982, Pub. L. 97-214, § 10(b)(4), 96 Stat. 175.) CODIFICATION "Section 3324(a) and (b) of title 31" was substituted in text for "section 3648 of the Revised Statutes (31 U.S.C. 529)" on authority of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1982-Pub. L. 97-214 struck out reference to sections 1136 [10 U.S.C. 4774, 9774] and 3734 [40 U.S.C. 259, 267] of the Revised Statutes. 1956-Act Aug. 3, 1956, authorized procurement of communication services required for the semiautomatic ground environment system. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing, authorized before, on, or after such date, see section 12(a) of Pub. L. 97-214, set out as an Effective Date note under section 2801 of Title 10, Armed Forces. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 492 of this title. § 492. Acquisition of land In furtherance of section 491 of this title, the Secretary of the Air Force is authorized to make surveys and to acquire lands and rights pertaining thereto or other interests therein, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, and to place permanent and temporary improvements thereon whether such lands are held in fee or under lease, or under other temporary tenure. (Mar. 30, 1949, ch. 41, § 2, 63 Stat. 17.) § 493. Authorization of appropriations There is authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, such sums as may be necessary to carry out the purposes of this chapter, and when so specified in an appropriation Act such amounts shall remain available until expended. (Mar. 30, 1949, ch. 41, § 3, 63 Stat. 18.) § 494. Supervision and control of project The provisions of this chapter shall be subject to the duties and authority of the Secretary of Defense and the departments and agencies of the Department of Defense as provided in the National Security Act of 1947. (Mar. 30, 1949, ch. 41, § 4, 63 Stat. 18; Aug. 10, 1949, ch. 412, § 12(a), 63 Stat. 591.) REFERENCES IN TEXT The National Security Act of 1947, referred to in text, is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables. CHANGE OF NAME "Department of Defense" was substituted for "National Military Establishment" on authority of act Aug. 10, 1949, ch. 412, § 12(a), 63 Stat. 591. Sec. 501. 502. 503. 504. CHAPTER 19-GUIDED MISSILES Establishment of long-range proving ground for guided missiles and other weapons; jurisdiction of Secretary of the Air Force; use by all Services. Acquisition of land. Authorization of appropriations. § 501. Establishment of long-range proving ground for guided missiles and other weapons; jurisdiction of Secretary of the Air Force; use by all Services The Secretary of the Air Force is authorized to establish a joint long-range proving ground for guided missiles and other weapons by the construction, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, and utilities, within or without the continental limits of the United States, for scientific study, testing, and training purposes by the Departments of the Army, Navy, and Air Force. (May 11, 1949, ch. 98, § 1, 63 Stat. 66.) § 503. Authorization of appropriations There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not to exceed $75,000,000 to carry out the purposes of sections 501 and 502 of this title. (May 11, 1949, ch. 98, § 3, 63 Stat. 66.) § 504. Delegation of authority by Secretary of Defense; contributions for support The Secretary of Defense is authorized, in his discretion, to transfer to the Secretary of the Army or the Secretary of the Navy, and to retransfer from either of such Secretaries to the other or to the Secretary of the Air Force, all, or any part of, the authority granted by sections 501 and 502 of this title; and, in connection with any such transfer or retransfer, to transfer all or any part of the funds available for the establishment and support of the joint long-range proving ground for guided missiles and other weapons. The Secretary of Defense is further authorized to permit, to the extent that he may deem appropriate, the Secretaries of the Army, the Navy, and the Air Force to contribute, with or without reimbursement, to the establishment and support of the joint longrange proving ground for guided missiles authorized by this chapter, by the loan, assignment, or transfer of personnel, supplies, equipment, and services. (May 11, 1949, ch. 98, § 4, 63 Stat. 66.) CHAPTER 20-WIND TUNNELS SUBCHAPTER I-CONSTRUCTION OF WINDTUNNEL FACILITIES SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 502, 503, 504 of this title. Sec. 511. § 502. Acquisition of land The Secretary of the Air Force is authorized in discharging the authority given in section 501 of this title to make surveys, to acquire lands and rights or other interests pertaining thereto, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, without regard to section 3324(a) and (b) of title 31. Prior to the acquisition under the authority of this section of any lands or rights or other interests pertaining thereto, the Secretary of the Air Force shall come into agreement with the Armed Services Committees of the Senate and the House of Representatives with respect to the acquisition of such lands, rights, or other interests. (May 11, 1949, ch. 98, § 2, 63 Stat. 66.) CODIFICATION "Section 3324(a) and (b) of title 31" was substituted in text for "section 3648, Revised Statutes, as amended [31 U.S.C. 529]" on authority of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 503, 504 of this title. 512. 513. 514. 515. 521. 522. 523. 524. Joint development of unitary plan for construction of facilities; construction at educational institutions. Limitation on cost of construction and equipment; vesting of title to facilities. Expansion of existing facilities; appropriations; testing of models. Expansion of facilities at Carderock, Maryland. Reports to Congress. SUBCHAPTER II-AIR ENGINEERING Establishment; construction, maintenance, Acquisition of lands; advance payments for Employment of civilian personnel. SUBCHAPTER I-CONSTRUCTION OF WIND-TUNNEL FACILITIES SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 521 of this title. § 511. Joint development of unitary plan for construction of facilities; construction at educational institutions The Administrator of the National Aeronautics and Space Administration (hereinafter re ferred to as the "Administrator") and the Secretary of Defense are authorized and directed jointly to develop a unitary plan for the construction of transsonic and supersonic windtunnel facilities for the solution of research, development, and evaluation problems in aeronautics, including the construction of facilities at educational institutions within the continental limits of the United States for training and research in aeronautics, and to revise the uncompleted portions of the unitary plan from time to time to accord with changes in national defense requirements and scientific and technical advances. The Administrator and the Secretaries of the Army, the Navy, and the Air Force are authorized to proceed with the construction and equipment of facilities in implementation of the unitary plan to the extent permitted by appropriations pursuant to existing authority and the authority contained in this chapter. Any further implementation of the unitary plan shall be subject to such additional authorizations as may be approved by Congress. (Oct. 27, 1949, ch. 766, title I, § 101, 63 Stat. 936; July 29, 1958, Pub. L. 85-568, title III, § 301(d)(1), (2), 72 Stat. 433.) AMENDMENTS 1958-Pub. L. 85-568 substituted "The Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the 'Administrator')" for "The National Advisory Committee for Aeronautics (hereinafter referred to as the 'Committee')", and "Administrator" for "Committee" in the second sen tence. EFFECTIVE Date of 1958 AMENDMENT Amendment by Pub. L. 85-568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see section 301(e) of Pub. L. 85-568, set out as a note under section 2302 of Title 10, Armed Forces. SHORT TITLE Section 106 of title I of act Oct. 27, 1949, provided that: "This title [enacting this subchapter] may be cited as the 'Unitary Wind Tunnel Plan Act of 1949'." Section 205 of title II of act Oct. 27, 1949, provided that: "This title [enacting subchapter II of this chapter] may be cited as the 'Air Engineering Development Center Act of 1949'." § 512. Limitation on cost of construction and equipment; vesting of title to facilities The Administrator is authorized, in implementation of the unitary plan, to construct and equip transsonic or supersonic wind tunnels of a size, design and character adequate for the efficient conduct of experimental work in support of long-range fundamental research at educational institutions within the continental United States, to be selected by the Administrator, or to enter into contracts with such institutions to provide for such construction and equipment, at a total cost not to exceed $10,000,000: Provided, That the Administrator may, in his discretion, after consultation with the Committees on Armed Services of both Houses of the Congress, vest title to the facili ties completed pursuant to this section in such educational institutions under such terms and conditions as may be deemed in the best interests of the United States. (Oct. 27, 1949, ch. 766, title I, § 102, 63 Stat. 936; July 29, 1958, Pub. L. 85-568, title III, § 301(d)(2), (3), 72 Stat. 433.) AMENDMENTS 1958-Pub. L. 85-568 substituted "Administrator" for "Committee" in three instances, and "his" for "its". EFFECTIVE DATE OF 1958 Amendment Amendment by Pub. L. 85-568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see section 301(e) of Pub. L. 85-568, set out as a note under section 2302 of Title 10, Armed Forces. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 515 of this title. § 513. Expansion of existing facilities; appropriations; testing of models (a) The Administrator is authorized to expand the facilities at his existing laboratories by the construction of additional supersonic wind tunnels, including buildings, equipment, and accessory construction, and by the acquisition of land and installation of utilities. (b) There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this section, but not to exceed $136,000,000. (c) The facilities authorized by this section shall be operated and staffed by the Administrator but shall be available primarily to industry for testing experimental models in connection with the development of aircraft and missiles. Such tests shall be scheduled and conducted in accordance with industry's requirements and allocation of laboratory time shall be made in accordance with the public interest, with proper emphasis upon the requirements of each military service and due consideration of civilian needs. (Oct. 27, 1949, ch. 766, title I, § 103, 63 Stat. 937; July 29, 1958, Pub. L. 85-568, title III, § 301(d)(2), (3), 72 Stat. 433.) AMENDMENTS 1958-Pub. L. 85-568 substituted "Administrator" for "Committee" in subsecs. (a) and (c), and "his" for "its" in subsec. (a). EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see section 301(e) of Pub. L. 85-568, set out as a note under section 2302 of Title 10, Armed Forces. |