TITLE XIII-INSPECTION AND AUDIT OF WAR CONTRACTORS 88 643-643b. Transfer of Functions.-The War Production Board was terminated and its functions transferred to Civilian Production Administration by Ex.Ord.No. 9638, set out as a note under section 601 of this Appendix. Thereafter the Civilian Production Administration was consolidated, with other war agencies, into the Office of Temporary Controls by Ex.Ord.No. 9809 set out as a note under section 601 of this Appendix. TITLE XV-TIME LIMIT AND SHORT TITLE § 645. Termination of portions of Act.-(a) Except as otherwise provided by statute enacted during the Eightieth Congress (including the First Decontrol Act of 1947 [sections 633 note of this Appendix] and Public Law Numbered 145, approved June 30, 1947 [amending this section and section 701 of this Appendix]) and except as otherwise provided by subsection (b) of this section, titles I, II, III, IV, V, VII, and XIV of this Act [sections 631-635, 637, and 644–644b of this Appendix] and the amendments to existing law made by such titles shall remain in force only until March 31, 1947. After the amendments made by any such title cease to be in force, any provisions of law amended thereby (except subsection (a) of section 2 of the Act entitled "An Act to expedite national defense, and for other purposes", approved June 28, 1940, as amended [section 1152 (a) of this Appendix]) shall be in full force and effect as though this Act had not been enacted. (b) Title III of this Act [section 633 of this Appendix] and the amendments to existing law made by such title shall remain in force until the close of June 30, 1949, except as otherwise provided in subsection (b) (1) (A) of this section, for the exercise of the powers, authority, and discretion thereby conferred on the President, but limited to (1) the materials (and facilities suitable for the manufacture of such materials), as follows: (A) Tin and tin products, except for the purpose of exercising import control of tin ores and tin concentrates, until the close of June 30, 1950; (B) Antimony; (C) Repealed. June 4, 1948, ch. 419, § 1, 62 Stat. 342. (D) Materials for export required to expand or maintain the production in foreign countries of materials critically needed in the United States, for the purpose of establishing priority in production and delivery for export, and materials necessary for manufacture and delivery of the materials required for such export; (E) Fats and oils (including oil-bearing materials, fatty acids, butter, soap, and soap powder, but excluding petroleum and petroleum products) and rice and rice products, for the purpose of exercising import control only; and nitrogenous fertilizer materials for the purposes of exercising import control and of establishing priority in production and delivery for export, and nitrogenous compounds (including anhydrous ammonia), in any form, necessary for the manufacture and delivery of the nitrogenous fertilizer materials required for such export: Provided, however, That 50 per centum of the export requirements of nitrogenous fertilizer materials to nonoccupied areas shall be supplied out of nitrogenous fertilizer materials or nitrogenous compounds (including anhydrous ammonia) produced in plants operated by or for the Department of the Army, and notwithstanding any other provision of law the Department of the Army is authorized to produce and sell such nitrogenous fertilizer materials and nitrogenous compounds (including anhydrous ammonia) to fill such 50 per centum of such export requirements; (F) Materials (except foods and food products, manila (abaca) fiber and cordage, agave fiber and cordage, and fertilizer materials), including petroleum and petroleum products, required for export, but only upon certification by the Secretary of State that the prompt export of such materials is of high public importance and essential to the successful carrying out of the foreign policy of the United States, for the purpose of establishing priority in production and delivery for export, and materials necessary for the manufacture and delivery of the materials required for such export: Provided, That no such priority based on a certification by the Secretary of State shall be effective unless and until the Secretary of Commerce shall have satisfied himself that the proposed action will not have an unduly adverse effect on the domestic economy of the United States; and (2) The use of transportation equipment and facilities by rail carriers. (c) Notwithstanding the extension through June 30, 1950, made by subsection (b), the Congress by concurrent resolution or the President may designate an earlier time for the termination of any power, authority, or discretion under such title III [section 633 of this Appendix]. Nothing in subsection (b) shall be construed to continue beyond July 15, 1947, any authority under paragraph (1) of subsection (a) of section 2 of the Act entitled "An Act to expedite national defense and for other purposes", approved June 28, 1940, as amended [sections 633 and 1152 of this Appendix] to negotiate contracts with or without advertising or competitive bidding; and nothing contained in this section, as amended, shall affect the authority conferred by Public Law 24, Eightieth Congress, approved March 29 [section 98 note of Title 50], 1947, or the Sugar Control Extension Act of 1947 [sections 981985 of this Appendix and section 1001 of Title 5]. (As amended Dec. 20, 1944, ch. 614, 58 Stat. 827; Dec. 28, 1945, ch. 590, § 1(f), 59 Stat. 658; June 29, 1946, ch. 526, § 1, 60 Stat. 345; Mar. 31, 1947, ch. 29, § 3, 61 Stat. 34; June 30, 1947, ch. 184, § 1, 61 Stat. 214; July 15, 1947. ch. 248, § 3, 61 Stat. 322; Feb. 28, 1948, ch. 85, 62 Stat. 58; June 4, 1948, ch. 419, § 1, 62 Stat. 342; June 30, 1949, ch. 289, 63 Stat. 404.) 1949 amendment.-Subsec. (b) amended by Act June 30, 1949, cited to text, which inserted "except as otherwise provided in subsection (b) (1) (A) of this section". Subsec. (b) (1) (A) amended by Act June 30, 1949, cited to text, which inserted, "until the close of June 30, 1950'. Subsec. (c) amended by Act June 30, 1949, cited to text, which substituted "June 30, 1950'' in lieu of "June 30, 1949". 1948 Amendments.-Section extended for a temporary period from May 31, 1948, to June 30, 1949 by Act June 4, 1948, cited to text, which amended subsecs. (b) and (c) by striking out "May 31, 1948" and inserting in lieu thereof "June 30, 1948. Said Act June 4, 1948, further amended subsec. (b) by repealing subdiv. (1) (c) which related to cinchona bark, quinine, and quindine, and amending subdiv. (1) (E) to include authority to control nitrogenous compounda (including anhydrous ammonia). Section extended for a temporary period from Feb. 29, 1948 to May 31, 1948, by Act Feb. 28, 1948, cited to text, which amended subsecs. (b) and (c) of this section by striking out in both "February 29, 1948" and inserting in lieu thereof "the close of May 31, 1948" and "May 31, 1948", respectively. 1947 amendments.-Act Mar. 31, 1947, cited to text, amended section by extending title III [section 1152 of this Appendix] until June 30, 1947, for the purpose of liquidation of existing controls and for the purpose of affording the appropriate Congressional committee's opportunity to consider specific legisla tion granting restricted control authority in limited instances, and to provide that no facilities or material not under allocation on Mar. 24, 1947, shall after that date be allocated. Act June 30, 1947, cited to text, amended section by extending certain controls under Title III for a period of 15 days from June 30, 1947 to July 15, 1947. Act July 15, 1947, cited to text, the Second Decontrol Act of 1947, amended section generally by continuing until Feb. 29, 1948 the powers described in subsec. (b) of this section, by excepting from such extension the authority to negotiate contracts with or without advertising or competitive bidding, and by providing that nothing in this section should affect the authority conferred by the Rubber Control Act or the Sugar Control Extension Act of 1947. 1946 amendment.-Act June 29, 1946, cited to text, amended section by extending the termination date from June 30, 1946, to Mar. 31, 1947, except that for the allocation of building materials, and the facilities related to the utilization of building materials Title III of said Act shall remain in force until June 30, 1947. Effective date; retroactive effect.-Section 2 of Act June 4, 1948, cited to text, provided that: "The provisions of this Act [50 U.S.C. App. § 633 note and this section] shall take effect as of the close of May 31, 1948, and all regulations, orders, directives, directions, requirements, and delegations issued under title III of the Second War Powers Act, 1942, as amended [this section], which were in effect on May 31, 1948, shall be in effect in the same manner and to the same extent as if this Act had been enacted on May 31, 1948, and any proceeding, petition, application, or appeal which was pending on May 31, 1948, under such title III, as amended, or under any regulation, order, directive, or direction issued thereunder, shall be proceeded with and shall be effective in the same manner and to the same extent as if this Act had been enacted on May 31, 1948: Provided, That in any case in which such title III, as amended, or any regulation, order, directive, direction, or requirement issued thereunder prescribes any period of time within which any act is required or permitted to be done, and such period had commenced but had not expired on May 31, 1948, such period is hereby extended for a number of days equal to the number of days from June 1, 1948, to the date of the enactment of this Act, both inclusive: Provided further, That no act or transaction, or omission or failure to act, occurring subsequent to May 31, 1948, and prior to the date of enactment of this Act, shall, by reason of the enactment of this Act, be deemed to be a violation of such title III, as amended, or of any regulation, order, directive, or direction issued thereunder." Appropriations.-Section 2 of Act June 30, 1947, cited to text, provided: "There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this joint resolution [this section and section 701 of this Appendix]."' Oross references.-Provisions concerning declaration of policy, administration, personnel, appropriations, and effective date of Act July 15, 1947, cited to text, see note under section 633 of this Appendix. REQUISITION OF MILITARY EQUIPMENT, MATERIALS AND SUPPLIES 88 711-713. Requisition for United States of export military materials. Sections 711-713 of this Appendix expired on June 30, 1946, by the terms of former section 713, as amended by Act June 30, 1945, ch. 207, 59 Stat. 270. § 721. Requisition of military materials for United States. Section, as amended June 30, 1945, ch. 208, § 1, 59 Stat. 271, has been omitted from the Code. It expired by its own terms on June 30, 1946. 88 722-724. Sections 722-724 were omitted from the Code on expiration of section 721 of this Appendix, to which these sections referred. Section 722 was amended by Act June 30, 1945, ch. 208, § 2, 59 Stat. 271. EMERGENCY PRICE CONTROL ACT OF 1942 TITLE I-GENERAL PROVISIONS AND AUTHORITY § 901. Purposes; time limit; applicability. (b) The provisions of this Act [sections 901-922, 923–946 of this Appendix], and all regulations, orders, price schedules, and requirements thereunder, shall terminate on June 30, 1947, or upon the date of a proclamation by the Prsident, or upon the date specified in a concurrent resolution by the two Houses of the Congress, declaring that the further continuance of the authority granted by this Act is not necessary in the interest of the national defense and security, whichever date is the earlier; except that as to offenses committed, or rights or liabilities incurred, prior to such termination date, the provisions of this Act [said sections] and such regulations, orders, price schedules, and requirements shall be treated as still remaining in force for the purpose of sustaining any proper suit, action, or prosecution with respect to any such right, liability, or offense. (As amended June 30, 1945, ch. 214, § 1, 59 Stat. 306; July 25, 1946, ch. 671, § 1, 60 Stat. 664.) Subsec. (b) amended by Acts July 25, 1946 and June 30, 1945, both cited to text, which extended termination dates to June 30, 1947 and June 30, 1946, respectively. Effective date of Act July 25, 1946, see note set out under section 901a of this title. Change of name.-The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by Act July 26, 1947, ch. 343, Title II, § 205(a), 61 Štat. 501. EXBOUTIVE ORDER NO. 9328 April 8, 1948, 8 F.R. 4681 as amended by Ex.Ord.No. 9737, June 17, 1946, 11 F.R. 6747 3. Revoked. STABILIZATION OF WAGES, PRICES, AND SALARIES EXECUTIVE ORDER NO. 9534 April 4, 1945, 10 F.R. 3667 DESIGNATING THE FEDERAL LOAN ADMINISTRATOR AND THE WAR ECONOMIC STABILIZATION BOARD By virtue of the authority vested in me by the Constitution and the statutes of the United States, particularly by the act of October 2, 1942 (56 Stat. 765) [sections 901-946 of this Appendix], and as President of the United States and Commander in Chief of the Army and Navy, the Federal Loan Administrator and the War Food Administrator are hereby designated as additional members of the Economic Stabilization Board established by section 2 of Title I of Executive Order 9250 of October 3, 1942 [set out as a note under this section], and the said order is amended accordingly. EXECUTIVE ORDER NO. 9620 Sept. 21, 1945, 10 F.R. 12033 ABOLISHMENT OF THE OFFICE OF ECONOMIC STABILIZATION AND Ex.Ord.No. 9620, omitted under authority of Ex.Ord.No. 9699, set out in note under this section, which reestablished the Office of Economic Stabilization. EXECUTIVE ORDER NO. 9697 11 F.R. 1691, Feb. 14, 1946 CONTINUED STABILIZATION OF THE NATIONAL ECONOMY DURING THE 1. For the duration of the existing emergency, all departments and agencies of the Government shall, in any matter affecting the stabilization of the economy in which they have discretion in the use of their powers, exercise such discretion in such manner as will best promote the continued stabilization of the economy. It is the policy of the Government, in order so far as possible to prevent price increases, that there be prompt and firm enforcement, during the present emergency, of Government controls over scarce materials and facilities. 2. (a) Notwithstanding the provisions of Executive Order 9599 of August 18, 1945, as amended [note following section 1651 of this Appendix], and of the regulations issued thereunder, the Price Administrator shall promptly provide for the adjustment of price ceilings in any case in which he finds that an industry is in a position of hardship as a consequence of an approved increase in wages or salaries, as defined herein. An industry shall be considered to be in hardship if, after taking the entire amount of such wage or salary increase into consideration, the Administrator finds that the industry's current ceiling prices will leave it in an overall loss position or in an earnings position requiring adjustment on the basis provided in this section. (b) The adjustment to be provided shall be such as, in the judgment of the Price Administrator, will be sufficient, for the twelve months following the adjustment, to enable the industry, unless operating at a temporary low volume, to earn an average rate of profit equal as nearly as may be to the rate of return on net worth earned by the industry in the peacetime base period applicable to that industry, and, in the case of commodities which are the subject of special statutory requirements, to a rate of return sufficient to satisfy such requirements. Except to the extent necessary to reflect the abnormal costs and reduced earnings incident to temporary operation at low volume, in no case shall the Administrator provide an adjustment insufficient in amount to prevent loss operation at the time of the adjustment. (c) The Price Administrator shall develop standards of adjustment consistent with the purposes of this order to be applied in the case of an industry-wide action affecting an industry operating at temporary low volume. (d) In those cases in which the price regulations provide for the establishment or adjustment of ceiling prices on an individual-firm basis the Price Administrator shall establish such standards of adjustment as in his judgment are administratively workable and consistent with the purposes of this order. He shall establish similar standards to be applied in the case of the establishment or adjustment of rent ceilings. (e) The Stabilization Administrator shall by regulation or order establish such standards as in his judgment are administratively workable and consistent with the purposes of this order for determining the extent to which wage or salary increases in excess of the standards for approval of such increases prevailing prior to this order may be used, in the case of products or services being furnished under contract with a Federal procurement agency, as a basis for increasing costs to the United States. 3. (a) The National Wage Stabilization Board or other wage or salary stabilization agency having jurisdiction with respect to the wages or salaries involved shall approve any wage or salary increase, or part thereof, which it finds is consistent with the general pattern of wage or salary adjustments which has been established in the industry or local labor market area, between August 18, 1945, and the effective date of this order, or, where there is no such general pattern, which it finds necessary to eliminate gross inequities as between related |