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failing to meet these requirements.
a. One such procedural requirement is that of a consultation with
the Notional Securities Resources Board for the determination that the national
security is involved. This requirement could perhaps be net quickly.
b. More important, and more troublesome, is the requirement that the
manufacturer of any articles to be subjected to this section must be
notified thet his procurement orders are Section 18 orders. Apart from the
question whether or not such notice would be valid if gäven retrosctively, it
is cleir that the administrative burden of doing so would probebly be too great
to be feasible.
C. The section requires the payment of just compensation. This
will apparently subject the Governmentito the payment of compensation baged on
Fifth mendment principles, the application of which is discussed below,
pp.
,
and will prealude the possibility of contending that the tekring
is less than a Fifth Amendment taking, with the Government is linhle,
if at all, for damages less than just compensation-B. not inconsiderable
matter when the value of the entire steel industry is considered.
For these reasons ve think that Section 18 does not present
TRUMAN
a wholly satisfectory basis for action.
B. The Requisition Provisions of the Defense Production
the ARCHIVES& NATIONAL RECORDS ADMIN."
Act of 1950.
Section 201, Title II, of the Defense Production Act of 1950,
as amended, 50 U.S.C. App. 208 reads in part as follows:
Section 201(a). Whenever the President determines
(1) that the use of any equipment, supplies, or component
parts thereof, or materials or fecilities necessary for
the menufacture, servicing, or operation of such equipment,
supplies, ox component perts, is noeded for the national
defense, (2) that smeh need is immediate and impending
and sueh as will not admit of delay or resort to any
other source of supply, and (3) that all other means
of obtaining the use of such property for the defense
of the United States upon feir and reasonable terms
have been exhausted, he is euthorized to requisition such
property or the une thereof for the defense of the United
States upon the peyment of just compensation for such
property or the use thereof to be determined as hereinafter
provided. The President shall promptly determine the
amount of the compensation to be paid for any property
or the use thereof requisitioned pursuent to this title
but each auch determination shall be made ns of the
time it is requisitioned in necordance with the
provision for just compensation in the fifth mendment
to the Constitution of the United States. If the
person entitled to receive the so determined by
the President as just compensation is unvilling to
- 4 -
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"ocrText": "failing to meet these requirements.\na. One such procedural requirement is that of a consultation with\nthe Notional Securities Resources Board for the determination that the national\nsecurity is involved. This requirement could perhaps be net quickly.\nb. More important, and more troublesome, is the requirement that the\nmanufacturer of any articles to be subjected to this section must be\nnotified thet his procurement orders are Section 18 orders. Apart from the\nquestion whether or not such notice would be valid if gäven retrosctively, it\nis cleir that the administrative burden of doing so would probebly be too great\nto be feasible.\nC. The section requires the payment of just compensation. This\nwill apparently subject the Governmentito the payment of compensation baged on\nFifth mendment principles, the application of which is discussed below,\npp.\n,\nand will prealude the possibility of contending that the tekring\nis less than a Fifth Amendment taking, with the Government is linhle,\nif at all, for damages less than just compensation-B. not inconsiderable\nmatter when the value of the entire steel industry is considered.\nFor these reasons ve think that Section 18 does not present\nTRUMAN\na wholly satisfectory basis for action.\nB. The Requisition Provisions of the Defense Production\nthe ARCHIVES& NATIONAL RECORDS ADMIN.\"\nAct of 1950.\nSection 201, Title II, of the Defense Production Act of 1950,\nas amended, 50 U.S.C. App. 208 reads in part as follows:\nSection 201(a). Whenever the President determines\n(1) that the use of any equipment, supplies, or component\nparts thereof, or materials or fecilities necessary for\nthe menufacture, servicing, or operation of such equipment,\nsupplies, ox component perts, is noeded for the national\ndefense, (2) that smeh need is immediate and impending\nand sueh as will not admit of delay or resort to any\nother source of supply, and (3) that all other means\nof obtaining the use of such property for the defense\nof the United States upon feir and reasonable terms\nhave been exhausted, he is euthorized to requisition such\nproperty or the une thereof for the defense of the United\nStates upon the peyment of just compensation for such\nproperty or the use thereof to be determined as hereinafter\nprovided. The President shall promptly determine the\namount of the compensation to be paid for any property\nor the use thereof requisitioned pursuent to this title\nbut each auch determination shall be made ns of the\ntime it is requisitioned in necordance with the\nprovision for just compensation in the fifth mendment\nto the Constitution of the United States. If the\nperson entitled to receive the so determined by\nthe President as just compensation is unvilling to\n- 4 -"
}