civil defense readiness of the Nation, (2) the relative state of development of civil defense readiness of the State, (3) population, and (4) such other factors as the Administrator shall prescribe: Provided, That the Administrator may reallocate the excess of any allocation not utilized by a State in an approvable plan submitted hereunder: Provided further, That amounts paid to any State or political subdivision under this section shall be expended solely for the purposes set forth herein. (e) Failure to submit plan; reallocation

In the event a State fails to submit an approvable plan as required by this section within sixty days after the Administrator notifies the States of the allocations hereunder, the Administrator may reallocate such funds, or portions thereof, among the other States in such amounts as, in his judgment will best assure the adequate development of the civil defense capability of the Nation.

(f) Report to Congress

The Administrator shall report annually to the Congress all contributions made pursuant to this section.

(g) "State" defined

As used in this Act [sections 2251 to 2303 of this Appendix], the term "State" shall include interstate civil defense authorities established under section 201(g) [section 2281(g) of this Appendix].

(Jan. 12, 1951, ch. 1228, title II, § 205, as added Aug. 8, 1958, Pub. L. 85-606, § 4, 72 Stat. 533, and amended June 30, 1964, Pub. L. 88-335, 78 Stat. 231; June 10, 1968, Pub. L. 90-336, 82 Stat. 175; Aug. 2, 1972, Pub. L. 92-360, § 1(1), 86 Stat. 503; July 14, 1976, Pub. L. 94-361, title VIII, § 804(d), 90 Stat. 932; Dec. 1, 1981, Pub. L. 97-86, title VIII, § 803(a)(2), (e), 95 Stat. 1112, 1113.)

AMENDMENTS

1981-Subsec. (d)(1). Pub. L. 97-86, § 803(e), added "and the areas which may be affected by natural disasters" following "the criticality of the target and support areas".

Subsec. (h). Pub. L. 97-86, § 803(a)(2), struck out subsec. (h) which had related to disaster area emergency assistance. See section 2289 of this title.

1976-Subsec. (h). Pub. L. 94-361 substituted provision for use of funds for emergency assistance in disaster areas in the United States for prior provision terminating this section on June 30, 1976.

1972-Subsec. (h). Pub. L. 92-360 substituted "June 30, 1976" for "June 30, 1972".

1968-Subsec. (h). Pub. L. 90-336 extended the termination date from June 30, 1968, to June 30, 1972. 1964-Subsec. (h). Pub. L. 88-335 extended the termination date from June 30, 1964, to June 30, 1968.

TRANSFER OF FUNCTIONS

For transfer of functions and redesignation of the Federal Civil Defense Administration, see section 2271 of this Appendix and notes thereunder.

Functions of the Federal Civil Defense Administration or its Administrator under the Federal Civil Defense Act of 1950, as amended, section 2251 et seq. of this Appendix, which previously were transferred to the President, with the exception of the function under subsec. (a)(4) of this section, relating to the establishment and maintenance of personnel standards on the merit basis which previously was delegated to

the Director of the Office of Personnel Management, were delegated to the Director of the Federal Emergency Management Agency by section 4-103 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43242, set out as a note under section 2251 of this Appendix.

DELEGATION OF FUNCTIONS

Functions of the President under subsec. (a)(4) of this section delegated to the Director of the Office of Personnel Management, see sections 1(b) and 2 of Ex. Ord. No. 11589, Apr. 1, 1971, 36 F.R. 6343, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1057, set out as a note under section 3376 of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2260 of this Appendix.

§ 2287. Repealed. Pub. L. 97-214, § 7(8), July 12, 1982, 96 Stat. 173

Section, Pub. L. 89-568, title VI, § 610, Sept. 12, 1966, 80 Stat. 756; Pub. L. 90-110, title VIII, § 807, Oct. 21, 1967, 81 Stat. 308, related to fallout protection. Provisions similar to this section were contained in the Military Construction Authorization Act, 1966, Pub. L. 89-188, title VI, § 608, Sept. 16, 1965, 79 Stat. 818.

EFFECTIVE DATE OF REPEAL

Repeal 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.

§ 2288. Requirement for State matching funds for construction of emergency operating centers Notwithstanding any other provision of this Act [sections 2251 to 2303 of this Appendix], funds appropriated to carry out this Act [sections 2251 to 2303 of this Appendix] may not be used for the purpose of constructing emergency operating centers (or similar facilities) in any State unless such State matches in an equal amount the amount made available to such State under this Act [sections 2251 to 2303 of this Appendix] for such purpose.

(Jan. 12, 1951, ch. 1228, title II, § 206, as added Sept. 8, 1980, Pub. L. 96-342, title VII, § 703(a)(1), 94 Stat. 1089.)

EFFECTIVE DATE

Section 703(b) of Pub. L. 96-342 provided that: "The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1980."

§ 2289. Dual-use of funds for attack-related civil defense and disaster-related civil defense

Funds made available to the States under this Act [sections 2251 to 2303 of this Appendix] may be used by the States for the purposes of preparing for, and providing emergency assistance in response to, natural disasters to the extent that the use of such funds for such purposes is consistent with, contributes to, and does not detract from attack-related civil defense preparedness. The Administrator shall prescribe regulations to carry out the preceding sentence. Such regulations shall authorize the use for natural disaster purposes of civil defense personnel, materials, and facilities sup

ported in whole or in part through contributions under this Act if such personnel, materials, and facilities are utilized, as determined by the Administrator, in a manner that is consistent with, contributes to, and does not detract from attack-related civil defense preparedness. Regulations prescribed under this subsection shall provide terms and conditions authorizing such use to the greatest extent consistent with the purposes of this Act as expressed in section 2 [section 2251 of this Appendix].

(Jan. 12, 1951, ch. 1228, title II, § 207, as added Dec. 1, 1981, Pub. L. 97-86, title VIII, § 803(a)(1), 95 Stat. 1112.)

REGULATIONS

Section 803(a)(3) of Pub. L. 97-86 provided that: "Regulations shall be prescribed under section 207 of the Federal Civil Defense Act of 1950, as added by paragraph (1) 【this section], not later than the end of the 90-day period beginning on the date of the enactment of this Act [Dec. 1, 1981]."

TITLE IV-EMERGENCY AUTHORITY

§§ 2291 to 2297. Omitted

CODIFICATION

Sections 2291 to 2297 terminated pursuant to section 2297 of this Appendix.

Section 2291, act Jan. 12, 1951, ch. 1228, title III, § 301, 64 Stat. 1251, provided that the provisions of sections 2291 to 2297 of this Appendix apply only during civil defense emergencies and related to proclamation and termination of these emergencies.

Section 2292, act Jan. 12, 1951, ch. 1228, title III, § 302, 64 Stat. 1251, related to utilization of Federal departments and agencies during civil defense emergencies.

Section 2293, act Jan. 12, 1951, ch. 1228, title III, § 303, 64 Stat. 1252, related to the emergency powers of the Administrator.

Section 2294, act Jan. 12, 1951, ch. 1228, title III, § 304, 64 Stat. 1253, related to governmental immunity from liability for death or injury to employees and to employee benefits.

Section 2295, act Jan. 12, 1951, ch. 1228, title III, § 305, 64 Stat. 1253, related to waiver of the provisions of the Administrative Procedure Act, sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees.

Section 2296, act Jan. 12, 1951, ch. 1228, title III, § 306, 64 Stat. 1253, related to compensation for acquisition of nongovernmental property, return of the property to the owner, and disposal of surplus property.

Section 2297, acts Jan. 12, 1951, ch. 1228, title III, § 307, 64 Stat. 1254; June 3, 1954, ch. 253, 68 Stat. 170; July 11, 1958, Pub. L. 85-514, 72 Stat. 356; June 27, 1962, Pub. L. 87-501, 76 Stat. 111; June 30, 1966, Pub. L. 89-483, 80 Stat. 235; June 30, 1970, Pub. L. 91-299, 84 Stat. 367, provided that the provisions of sections 2291 to 2297 of this Appendix terminate on June 30, 1974 or on such earlier date as prescribed by concurrent resolution of the Congress.

TITLE V-IMPROVED CIVIL DEFENSE

PROGRAM

§ 2301. Sense of Congress

(a) It is the sense of Congress that

(1) a civil defense program providing for the relocation of the population of risk areas, including the larger United States cities, during a period of strategic warning resulting from an international crisis may be effective in protecting the population;

(2) the present civil defense program should be improved; and

(3) an improved civil defense program can be developed which could enhance the civil defense capability of the United States.

(b) It is further the sense of Congress that an improved civil defense program should be implemented which

(1) enhances the survivability of the American people and its leadership in the event of nuclear war and thereby improves the basis for eventual recovery and reduces the Nation's vulnerability to a major attack;

(2) enhances deterrence, contributes to perceptions of the United States-Soviet strategic balance and crisis stability, and reduces the possibility that the United States might be susceptible to coercion by an enemy in times of increased tension;

(3) does not suggest any change in the United States policy of relying on strategic nuclear forces as the preponderant factor in maintaining deterrence;

(4) includes planning for the relocation of certain segments of the population during times of international crisis; and

(5) is adaptable to help deal with natural disasters and other peacetime emergencies.

(Jan. 12, 1951, ch. 1228, title V, § 501, as added Sept. 8, 1980, Pub. L. 96-342, title VII, § 702(a), 94 Stat. 1088.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2302 of this Appendix.

§ 2302. Elements of an improved civil defense program

(a) In order to carry out the sense of Congress expressed in section 501 [section 2301 of this Appendix], the President shall, to the extent practicable, develop and implement an improved civil defense program which includes

(1) a program structure for the resources to be used for attack-related civil defense; (2) a program structure for the resources to be used for disaster-related civil defense; and (3) criteria and procedures under which those resources planned for attack-related civil defense and those planned for disasterrelated civil defense can be used interchangeably.

(b) In developing a program structure for attack-related civil defense pursuant to subsection (a), the President shall give consideration to including in such program structure the following elements:

(1) Nuclear civil protection planning for more rapid population relocation during times of international crisis.

(2) Nuclear civil protection planning for improved inplace population protection during times of international crisis in the event circumstances preclude population relocation.

(3) A survey of the shelters inherent in existing facilities.

(4) Planning for the development during times of crisis of additional shelter.

(5) Development of capabilities for shelter management.

(6) Marking and stocking of shelters.

(7) Development and procurement of ventilation kits for shelters.

(8) The development of emergency evacuation plans for areas in which nuclear powerplants are located.

(9) The improvement of civil defense warning systems.

(10) The improvement of systems and capabilities for direction and control of emergency operations by civil governments at all levels, including further development of a network of emergency operating centers.

(11) The improvement of radiological defense capabilities.

(12) The improvement of emergency public information and training programs and capabilities.

(13) The development of plans for postattack economic recovery and the development of plans for postdisaster economic recovery to the extent that planning for postdisaster economic recovery planning does not detract from planning for postattack economic recovery.

(14) The improvement of and training in self-help nuclear war survival skills.

(15) Civil defense-related research and development.

(16) The development of other appropriate systems and capabilities to increase the lifesaving potential of the civil defense program. (Jan. 12, 1951, ch. 1228, title V, § 502, as added Sept. 8, 1980, Pub. L. 96-342, title VII, § 702(a), 94 Stat. 1088.)

DELEGATION OF FUNCTIONS

Functions of the President under this section delegated to the Director of the Federal Emergency Management Agency, see section 4-207 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended, set out as a note under section 2251 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2303 of this Appendix.

§ 2303. Administrative provisions

The powers contained in titles II [sections 2281 to 2286 of this Appendix] and IV [sections 2253 to 2263 of this Appendix] of this Act shall be used in developing and implementing the program required by section 502 [section 2302 of this Appendix].

(Jan. 12, 1951, ch. 1228, title V, § 503, as added Sept. 8, 1980, Pub. L. 96-342, title VII, § 702(a), 94 Stat. 1089.)

EMERGENCY FOOD AID TO INDIA

ACT JUNE 15, 1951, CH. 138, 65 STAT. 69 §§ 2311 to 2316. Omitted

CODIFICATION

Sections 2311 to 2316 of this Appendix were omitted from the Code in view of the termination of the emergency need which they were enacted to meet.

Section 2311, act June 15, 1951, ch. 138, § 2, 65 Stat. 70, related to emergency food relief assistance to India

on credit terms including payment by transfer to the United States of materials required by the United States due to deficiencies in its own resources, particularly those found to be strategic and critical.

Section 2312, act June 15, 1951, ch. 138, § 3, 65 Stat. 70, related to amount of money available for loan during the period ending June 30, 1952.

Section 2313, act June 15, 1951, ch. 138, § 4, 65 Stat. 70, related to permissible use of funds to meet the emergency need arising from the flood, drought, and other conditions existing in India in 1950.

Section 2314, act June 15, 1951, ch. 138, § 5, 65 Stat. 70, related to the transportation of supplies, to advances by the Reconstruction Finance Corporation to the Department of Commerce for the activation and operation of vessels for such transportation, and to the repayment of advances.

Section 2315, act June 15, 1951, ch. 138, § 6, 65 Stat. 71, related to payment of charges for ocean freight of relief packages and to the funds available for such payment.

Section 2316, act June 15, 1951, ch. 138, § 7, 65 Stat. 71, related to the establishment of the special deposit account in the United States Treasury created by repayments of interest by India on or before Jan. 1, 1957, to the uses of funds in the account, and to disbursements from the account.

KOREAN COMBAT PAY

ACT JULY 10, 1952, CH. 630, TITLE VII, 66 STAT. 538

§§ 2351 to 2356. Repealed. Pub. L. 88-132, § 9(b), Oct. 2, 1963, 77 Stat. 216

Section 2351, act July 10, 1952, ch. 630, title VII, § 702, 66 Stat. 538, defined terms for purposes of sections 2351 to 2356 of this Appendix.

Section 2352, act July 10, 1952, ch. 630, title VII, § 703, 66 Stat. 539, related to conditions governing payment of combat pay to members and former members of the uniformed services.

Section 2353, act July 10, 1952, ch. 630, title VII, § 704, 66 Stat. 539, related to members of the uniformed services killed in action, injured in action, and missing in action.

Section 2354, act July 10, 1952, ch. 630, title VII, § 705, 66 Stat. 539, related to limitations on combat payments.

Section 2355, act July 10, 1952, ch. 630, title VII, § 706, 66 Stat. 539, related to regulations for the administration of sections 2351 to 2356 of this Appendix.

Section 2356, act July 10, 1952, ch. 630, title VII, § 707, 66 Stat. 539, related to determinations of fact, conclusiveness of findings, and availability of appropriations.

§ 2371. Modification or cancellation of certain license agreements granted Government during World War II

Notwithstanding any other provision of law, the head of any department or other agency in the executive branch of the Government which subsequent to September 9, 1939, entered into any contract or agreement with the holder of any privately owned patent or any right thereunder whereby such holder granted to the United States, without payment of royalty or with reduction or limitation of royalty, any license under such patent or right, is authorized, upon application of the grantor of such license, to enter into such supplemental contract or agreement for the cancellation of the contract or agreement by which such license was granted as the head of such department or agency shall deem to be warranted by equities existing by reason of changes in circumstances occurring since the granting of such license. (Aug. 16, 1950, ch. 716, 64 Stat. 448.)

CODIFICATION

Section was formerly classified to section 119 of former Title 35, Patents, prior to the general revision and enactment of Title 35, Patents, by act July 19, 1952, ch. 950, § 1, 66 Stat. 792.

EMERGENCY SHIP REPAIR PROGRAM

ACT AUG. 20, 1954, CH. 777, 68 STAT. 754 §§ 2391 to 2394. Omitted

CODIFICATION

Section 2391, act Aug. 20, 1954, ch. 777, § 2, 68 Stat. 754, which set out the purpose of the Act as providing for the immediate improvement of merchant vessels in the reserve fleet under the jurisdiction of the Secretary of Commerce, thereby stimulating the shipbuilding and ship repair industries of the nation, was omitted because all contracts for such improvements were to be entered into before July 1, 1958.

Section 2392, act Aug. 20, 1954, ch. 777, § 3, 68 Stat. 754, directed the Secretary of Commerce, after consultation with the Secretary of Defense, to formulate and carry out a modernization program for merchant vessels in the national defense reserve under the jurisdiction of the Secretary of Commerce. See section 2391 note.

Section 2393, acts Aug. 20, 1954, ch. 777, § 4, 68 Stat. 754; Aug. 6, 1956, ch. 1012, 70 Stat. 1067, directed the Secretary of Commerce to contract before July 1, 1958, for repair and modernization of vessels after inviting single bids or split bids or both and specified that expenditures not exceed $25,000,000, that contracts be with private shipbuilding or ship repair yards in the United States, and that contracts conform to the Federal Property and Administrative Services Act of 1949, 41 U.S.C. 251 et seq. See section 2391 note.

Section 2394, act Aug. 20, 1954, ch. 777, § 5, 68 Stat. 755, authorized appropriations not in excess of $25,000,000 to carry out this Act. See section 2391 note.

Sec.

2403-1.

(c) Foreign availability. (d) Right of export.

(e) Delegation of authority.

(f) Notification of public; consultation with business.

Exports to controlled countries of goods, technology, and industrial techniques developed by funds authorized for Department of Defense.

(a) Congressional findings and declaration of purpose; notice to Secretary of Defense of proposed export; review authorization.

(b) Review and assessment of export application.

(c) Recommendation to President by Secretary of Defense for disapproval of export application; Presidential statement to Congress disagreeing with Secretary's recommendation for disapproval of export application; approval of export application subsequent to Presidential statement.

(c) Petitions for monitoring or controls.

(d) Domestically produced crude oil.

(e) Refined petroleum products.

(f) Certain petroleum products.

(g) Agricultural commodities.

(h) Barter agreements.

(i) Unprocessed red cedar.

(j) Export of horses.

2407.

Foreign boycotts.

2408.

(a) Prohibitions and exceptions.

(b) Foreign policy controls.

(c) Preemption.

Procedures for hardship relief from export controls.

(a) Filing of petitions.

(b) Decision of Secretary.

(c) Factors to be considered.

can have serious adverse effects on the balance of payments and on domestic employment, particularly when restrictions applied by the United States are more extensive than those imposed by other countries.

(3) It is important for the national interest of the United States that both the private sector and the Federal Government place a high priority on exports, which would strengthen the Nation's economy.

(4) The availability of certain materials at home and abroad varies so that the quantity and composition of United States exports and their distribution among importing countries may affect the welfare of the domestic economy and may have an important bearing upon fulfillment of the foreign policy of the United States.

(5) Exports of goods or technology without regard to whether they make a significant contribution to the military potential of individual countries or combinations of countries may adversely affect the national security of the United States.

(6) Uncertainty of export control policy can curtail the efforts of American business to the detriment of the overall attempt to improve the trade balance of the United States.

(7) Unreasonable restrictions on access to world supplies can cause worldwide political and economic instability, interfere with free international trade, and retard the growth and development of nations.

(8) It is important that the administration of export controls imposed for national security purposes give special emphasis to the need to control exports of technology (and goods which contribute significantly to the transfer of such technology) which could make a significant contribution to the military potential of any country or combination of countries which would be detrimental to the national security of the United States.

(9) Minimization of restrictions on exports of agricultural commodities and products is of critical importance to the maintenance of a sound agricultural sector, to achievement of a positive balance of payments, to reducing the level of Federal expenditures for agricultural support programs, and to United States cooperation in efforts to eliminate malnutrition and world hunger.

(Pub. L. 96-72, § 2, Sept. 29, 1979, 93 Stat. 503.)

PRIOR PROVISIONS

A prior section 2401, Pub. L. 91-184, § 2, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92-412, title I, § 102, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93-500, § 4(a), Oct. 29, 1974, 88 Stat. 1553, setting forth the findings of Congress with respect to the Export Administration Act of 1969, expired on Sept. 30, 1979.

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-145, § 1, Dec. 29, 1981, 95 Stat. 1727, provided: "That this Act [amending sections 2405, 2410, 2411, and 2417 of this Appendix and enacting provisions set out as notes under sections 2405, 2410, and 2417 of this Appendix] may be cited as the 'Export Administration Amendments Act of 1981'."