Y 4. Ar 5129:983-84/30

(H.A.S.C. No. 98-30)

HEARING

ON

H.R. 33

TO TRANSFER MANAGEMENT OF THE NATIONAL

DEFENSE STOCKPILE TO THE

SECRETARY OF DEFENSE

SEAPOWER AND STRATEGIC AND CRITICAL MATERIALS SUBCOMMITTEE

CHARLES E. BENNETT, Florida, Chairman
THOMAS M. FOGLIETTA, Pennsylvania FLOYD SPENCE, South Carolina
ROY DYSON, Maryland

THOMAS F. HARTNETT, South Carolina MARILYN LLOYD, Tennessee

ELWOOD H. (BUD) HILLIS, Indiana
NORMAN SISISKY, Virginia

DUNCAN L. HUNTER, California
C. ROBIN BRITT, North Carolina
SOLOMON P. ORTIZ, Texas
MELVIN PRICE, Illinois

WILLIAM D. PRICE, Professional Staff Member
ROBERT E. SCHAFER, Professional Staff Member

To transfer management of the national defense stockpile to the Secretary of

Defense.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 1983

Mr. BENNETT introduced the following bill; which was referred to the Committee

on Armed Services

A BILL

To transfer management of the national defense stockpile to the

Secretary of Defense.

1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

4

SECTION 1. (a) The functions, duties, and responsibil-

5 ities of the President under the Strategic and Critical Materi-

6 als Stock Piling Act (50 U.S.C. 98 et seq.) (other than under

7 section 13 of that Act) are hereby transferred to and vested

8 in the Secretary of Defense.

9

(b) The Strategic and Critical Materials Stock Piling

10 Act is amended by striking out “President" each place it

2

1 appears in such Act (other than in sections 4(a)(5), 4(a)(8),

2 12, and 13) and inserting in lieu thereof "Secretary of De

5

SEC. 2. (a) So much of the personnel, property, records,

6 and unexpended balances of appropriations, allocations, and

7 other funds employed, used, held, available, or to be made

8 available in connection with the functions transferred to the

9 Secretary of Defense by this Act as the Director of the Office

10 of Management and Budget shall determine shall be trans

11 ferred to the Department of Defense at such times as the

12 Director shall direct.

13

(b) Such further measures and dispositions as the Direc

14 tor of the Office of Management and Budget considers neces

15 sary in order to effectuate the transfers made under subsec

16 tion (a) shall be carried out in such manner as the Director

17 shall direct.

18

(c) Any statutory or administrative ceiling on full-time

19 civilian employees of the Department of Defense shall be in20 creased by the number of full-time employees transferred to

23

SEC. 3. (a) All orders, determinations, rules, regula

24 tions, permits, contracts, certificates, licenses, and privi

25 leges

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3

1

(1) which have been issued, made, granted, or al

2

lowed to become effective by the President, any Feder

3

al department or agency or official thereof, by a court of competent jurisdiction in the performance of func

4

5

tions which are transferred under this Act to the Sec

7

(2) which are in effect at the time this Act takes

9 shall continue in effect according to their terms until modi

10 fied, terminated, superseded, set aside, or revoked in accord

11 ance with law by the President, the Secretary of Defense or

12 other authorized official, a court of competent jurisdiction, or

13 by operation of law.
14 (b) Except as provided in subsection (d)—

15

(1) the provisions of this Act shall not affect suits

16

commenced before the date this Act takes effect; and

17

(2) in all such suits proceedings shall be had, ap

18

peals taken, and judgments rendered in the same

19

manner and effect as if this Act had not been enacted.

20 (c) No suit, cause of action, or other proceeding by or 21 against any department or agency, or by or against any offi22 cer thereof in his official capacity, shall abate by reason of

23 the enactment of this Act.

24

(d) If, before the date on which this Act takes effect, any

25 department or agency, or officer thereof in his official capac

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