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Volume 54 · 1091

Public Law 76–836

To authorize the President to requisition certain articles and materials for the use of the United States, and for other purposes.

Approved October 10, 1940

Statutory text

AN ACT

To authorize the President to requisition certain articles and materials for the use of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That whenever the President determines that it is necessary in the interest of national defense to requisition and take over for the use or operation by the United States or in its interest any military or naval equipment or munitions, or component parts thereof, or machinery, tools, or materials, or supplies necessary for the manufacture, servicing, or operation thereof, ordered, manufactured, procured, or possessed for export purposes, the exportation of which has been denied in accordance with the provisions of section 6 of the Act approved July 2, 1940 (Public,

Ante, p, 714.

Numbered 703, Seventy-sixth Congress), he is hereby authorized and empowered to requisition and take over for the said use or operation by the United States, or in its interest, any of the foregoing articles or materials, and to sell or otherwise dispose of any such articles or materials, or any portion thereof, to a person or a corporation of the United States whenever he shall determine such action to be in the public interest. Any moneys received by the United States as the

Use of proceeds of sales.

proceeds of any such sale or other disposition of any such articles or materials or any portion thereof shall be deposited to the credit of that appropriation out of which was paid the cost to the Government of the property thus sold or disposed of, and the same shall immediately become available for the purposes named in the original appropriation: Provided, however, That nothing in this section shall modify

Proviso.

Ante, p. 681.

or repeal section 14 of Public Law Numbered 671, 76th Congress, approved June 28, 1940.

Sec. 2.

Whenever the President shall requisition and take over any

Payment for property taken.

article or material pursuant to the provisions of this Act, the owner thereof shall be paid as compensation therefor such sum as the President shall determine to be fair and just. If any such owner is unwilling

Settlement of differences.

to accept, as full and complete compensation for such article or material, the sum so determined by the President, such owner shall be paid 50 per centum of the sum so determined by the President and shall be entitled to sue the United States for such additional sum as, when added to the sum already received by such owner, such owner may consider fair and just compensation for such article or material, in the manner provided by sections 41 (20) and 250, title 28, of the

28 U. S. C. (20), 250.

Proviso.

Limitation.

Code of Laws of the United States of America: Provided, That recovery shall be confined to the fair market value of such article or material, without any allowance for prospective profits, punitive or other damages.

Sec. 3.

The authority granted in this Act shall terminate June 30,

Termination of authority.

1942, unless the Congress shall otherwise provide.

Approved, October 10, 1940.

Parsed from the official Statutes at Large USLM XML in 54.xml