Page:United States Statutes at Large Volume 62 Part 1.djvu/1256

 PUBLIC LAWS-CH. 811-JULY 2, 1948 " National security clause." Infra. Authority of Secre- tary of Defense. Supra. Modifications of na- tional security clause. Supra. Transfer of plant to Federal Works Agen- cy. Storage of equip- ment, etc. Duties of Federal Works Agency. Supr. of any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation and which are not required for its immediate needs and responsibilities as determined by the head thereof. (c) The term "national security clause", as used herein, means those terms, conditions, restrictions, and reservations, heretofore formulated or as may be formulated under section 4 (2) hereof for insertion in instruments of sale or lease of property, determined in accordance with section 4 (1) to be a part of the national industrial reserve, which will guarantee the availability of such property for the purposes of national defense at any time when availability thereof for such purposes is deemed necessary by the Secretary of Defense. SEC. 4. To effectuate the policy set forth in section 2 of this Act the Secretary of Defense is hereby authorized and directed to- (1) determine which excess industrial properties should become a part of the national industrial reserve under the provisions of this Act; (2) formulate a national security clause, as defined in section 3 (c) hereof and vary or modify the same from time to time in such manner as best to attain the objectives of this Act, having due regard to securing advantageous terms to the Government in the disposal of excess industrial property; (3) consent to the relinquishment or waiver of all or any part of any national security clause in specific cases when necessary to permit the disposition of particular excess industrial property when it is determined that the retention of the productive capacity of any such excess industrial property is no longer essential to the national security or that the retention of a lesser interest than that originally required will adequately fulfill the purposes of this Act: Provided, That nothing in this subsection (3) shall require the modification or waiver of any part of any such national security clause when such clause is deemed necessary by the Sec- retary of Defense to effectuate the purposes of this Act; and (4) designate what excess industrial property shall be dis- posed of subject to the provisions of the national security clause. SEC. 5. (a) In the event that any agency charged with the disposal of excess industrial property, after making every practicable effort so to do, is unable to dispose of any excess industrial plant because of the national security clause it shall notify the Secretary of Defense, indi- cating such modifications in the national security clause, if any which in its judgment would make possible disposal of the plant. The Sec- retary of Defense shall consider and agree to any and all such proposed modifications as in his judgment would be consistent with the purposes of this Act. If, however, such clause is not modified or the require- ments thereof waived pursuant to section 4 (3), or if modified, such plant cannot then be disposed of under such modified clause, the Secre- tary of Defense shall direct that such plant be transferred to the Fed- eral Works Agency, and such transfer shall be without reimbursement or transfer of funds. (b) Notwithstanding any other provisions of law, any agency charged with the disposal of excess machine tools and industrial manu- facturing equipment shall transfer custody of such machine tools and equipment as may be designated by the Secretary of Defense pursuant to section 4 hereof to the Federal Works Agency, without reimburse- ment, for storage and maintenance. SEC. 6. Subject to provisions of section 7 hereof, the Federal Works Agency is hereby authorized and directed to accept the transfer to it of such excess industrial property as is directed to be transferred to it under section 4 hereof and, as and when directed or authorized by 1226 [62 STAT.

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