50 U.S.C. § 98h–7: National Defense Stockpile…

Summary

The President must pick one federal office to carry out the President’s duties under this part of the law, except for duties in sections 98f(a)(1) and 98h–4. That office must be one whose leader is appointed by the President with the Senate’s approval. The person in that office is called the National Defense Stockpile Manager for these duties. The President can only delegate the subchapter duties to that Manager, and any delegations stay in effect until a law or Executive order cancels them. The President may not delegate duties under sections 98f(a)(1) and 98h–4.

Title 50, §98h–7

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(a)Appointment

The President shall designate a single Federal office to have responsibility for performing the functions of the President under this subchapter, other than under section 98f(a)(1) and 98h–4 of this title. The office designated shall be one to which appointment is made by the President, by and with the advice and consent of the Senate.

(b)Title of designated officer

The individual holding the office designated by the President under subsection (a) shall be known for purposes of functions under this subchapter as the “National Defense Stockpile Manager”.

(c)Delegation of functions

The President may delegate functions of the President under this subchapter (other than under section 98f(a)(1) and 98h–4 of this title) only to the National Defense Stockpile Manager. Any such delegation made by the President shall remain in effect until specifically revoked by law or Executive order. The President may not delegate functions of the President under section 98f(a)(1) and 98h–4 of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was classified to section 98e–1 of this title prior to its renumbering by Pub. L. 101–189.

Amendments

2013—Pub. L. 112–239 substituted “section 98f(a)(1) and 98h–4” for “section 98f and 98h–4” wherever appearing. 1991—Subsec. (d). Pub. L. 102–190 struck out subsec. (d) which read as follows: “During any period during which there is no officer appointed by the President, by and with the advice and consent of the Senate, serving in the position designated by the President under subsection (a) or during which the authority of the President under this subchapter (other than under section 98f and 98h–4 of this title) has not been delegated to that position, no action may be taken under section 98e(a)(6) of this title.” 1989—Subsec. (a). Pub. L. 101–189, § 3313(b)(1), substituted “section 98f and 98h–4” for “section 98f, 98g, and 98h–4”. Subsec. (c). Pub. L. 101–189, § 3313(b)(1), (2), substituted “section 98f and 98h–4” for “section 98f, 98g, and 98h–4” and inserted at end “The President may not delegate functions of the President under section 98f and 98h–4 of this title.” after “Executive order.” Subsec. (d). Pub. L. 101–189, § 3313(b)(1), (3), substituted “section 98f and 98h–4” for “section 98f, 98g, and 98h–4” and “section 98e(a)(6)” for “section 98e(b) or 98e(d)”. 1987—Pub. L. 100–180 amended section generally, revising and restating provisions of subsecs. (a) and (b) and adding subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Savings Provision

Pub. L. 100–180, div. C, title II, § 3203(c), Dec. 4, 1987, 101 Stat. 1247, provided that: “Unless otherwise directed by the President under section 6A [renumbered § 16] of the Strategic and Critical Materials Stock Piling Act [this section], as amended by subsection (a), the designation of a National Defense Stockpile Manager in effect on the day before the date of the enactment of this Act [Dec. 4, 1987] shall remain in effect until the individual so designated ceases to hold the office held by the individual at the time of the designation.” Deadline for Designation of Manager Pub. L. 99–661, div. C, title II, § 3202(b), Nov. 14, 1986, 100 Stat. 4067, directed President, not later than Feb. 15, 1987, to designate an official as National Defense Stockpile Manager, as required by this section.

Executive Documents

Designation of National Defense Stockpile Manager; Delegation of Functions The Secretary of Defense was designated National Defense Stockpile Manager and functions of the President under this section were delegated to the Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.

§98h–7 National Defense Stockpile Manager