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Property Act, as will prevent unnecessary distribution costs and excessive profits.

SEC. 204. No military weapons, munitions, or toxic gas shall be transferred or otherwise disposed of under section 201.

SEC. 205. The fair value of the property transferred to the Commonwealth of the Philippines (Republic of the Philippines) provincial governments, chartered cities or municipalities under section 201,. as estimated by the Commissioner, shall not exceed $100,000,000 in the aggregate.

SEC. 206. The Commissioner may prescribe such rules and regulations as may be necessary for the performance of his functions under this title, and may delegate and authorize successive redelegations of any authority conferred upon him by this title to any officer or employee of his agency or of any other department or agency of the United States or of the Commonwealth of the Philippines (Republic of the Philippines). Approved April 30, 1946.

47452 O-59-3

[CHAPTER 248-2D SESSION]

[S. 1757]

AN ACT

To amend the Surplus Property Act of 1944 with reference to veterans' preference, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 16 of the Surplus Property Act of 1944 is amended to read as follows:

"DISPOSITIONS TO VETERANS

"SEC. 16. (a) The Administrator shall prescribe regulations to effectuate the objectives of this Act to aid veterans in the acquisition of surplus property, in appropriate quantities and types, to enable them to establish and maintain their own small business, professional, or agricultural enterprises. Disposals of surplus property (except real property) to veterans under this subsection shall be given priority over all other disposals of property provided for in this Act except transfers to Government agencies under section 12.

"(b) Notwithstanding the provisions of section 12 of this Act, the Administrator may cause to be set aside or otherwise to be made available quantities and types of any surplus property, except real property, which he determines to be appropriate for exclusive disposal to veterans for their own personal use, and to enable them to establish and maintain their own small business, professional, or agricultural enterprises. The Administrator shall prescribe regulations designed to achieve the equitable distribution of such surplus property among veterans. In selecting any types or quantities of surplus property for disposal in accordance with the provisions of this subsection, the Administrator shall give due consideration to the availability of adequate facilities for and the costs of the distribution of such property. The Administrator shall from time to time cause to be compiled and widely publicized information as to the types and quantities of such surplus property which has or will become available within a given. period of time for exclusive disposal to veterans in accordance with the provisions of this subsection.

"(c) The Administrator shall prescribe a reasonable time of not less than 15 days after public notice during which property offered to veterans under this section shall be held for disposal to them.".

SEC. 2. Section 12 (a) of the Surplus Property Act of 1944 is amended to read as follows:

"(a) It shall be the duty of the Administrator to facilitate the transfer of surplus property from one Government agency to other Government agencies for their own use and not for transfer or disposition; and the transfer of surplus property under this section shall be given priority over all other disposals provided for in this Act, except disposals to veterans of property reserved exclusively for veterans under

subsection (b) of section 16 of this Act. The Administrator shall prescribe a reasonable time within which Government agencies shall exercise the priority provided by this subsection, but the time so fixed shall not exceed twenty days from the time public notice is given of the availability of the surplus property for disposal to Government agencies."

SEC. 3. Section 12 (c) of the Surplus Property Act of 1944 is amended to read as follows:

"(c) The disposal agency responsible for any such property shall transfer it to the Government agency acquiring it at the fair value of the property as fixed by the disposal agency, under regulations prescribed by the Administrator, unless transfer without reimbursement or transfer of funds is authorized under subsection (d) of this section." SEC. 4. Section 12 of the Surplus Property Act of 1944 is amended by adding a new subsection (d) to read as follows:

"(d) Notwithstanding the provisions of section 34 (a) of this Act, no Government agency may transfer any property to any other Government agency without reimbursement or transfer of funds under authority of any law approved prior to June 22, 1944. Any disposal agency may transfer surplus property to a Government agency without reimbursement or transfer of funds whenever a transfer on such terms by the owning agency (by which such property was declared surplus) would be authorized by any law approved subsequent to June 21, 1944, to be made to the Government agency desiring such property."

SEC. 5. Section 13 (f) of the Surplus Property Act of 1944 is amended to read as follows:

"(f) The disposal of surplus property under this section to States and political subdivisions and instrumentalities thereof shall be given priority over all other disposals of property provided for in this Act, except transfers to Government agencies under section 12 and disposals to veterans under section 16 and purchases made under subsection (e) of section 18: Provided, That the Administrator may prescribe a reasonable time during which such priority shall be exercised." SEC. 6. The last sentence of subsection (e) of section 18 thereof is hereby amended to read as follows: "The disposal of surplus property under this subsection shall be given priority immediately following transfers to other Government agencies under section 12 and disposals to veterans under section 16. The provisions of subsection (c) of section 12 shall be applicable to purchases made under this subsection."

Approved May 3, 1946.

[PUBLIC LAW 384-79TH CONGRESS]

[CHAPTER 263-2D SESSION]

[H. R. 5890]

AN ACT

Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1946, and for prior fiscal years, to provide sup plemental appropriations for the fiscal year ending June 30, 1946, and for other purposes.

Provided, That the Department of State, when requested by the United Nations, is authorized to acquire surplus property in accordance with the provisions of the Surplus Property Act of 1944 (58 Stat. 765-784), as amended, with funds hereby appropriated for the United States contribution to the United Nations, and such contributions shall be reduced by the value of the surplus property and necessary expenses, including transportation costs, incident to the acquisition thereof: Approved May 18, 1946.

(30)

(Extract from)

[PUBLIC LAW 404-79TH CONGRESS]

[CHAPTER 324-2D SESSION]

[S. 7] AN ACT

To improve the administration of justice by prescribing fair administrative procedure.

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

TITLE

SECTION 1. This Act may be cited as the "Administrative Procedure Act".

DEFINITIONS

SEC. 2. As used in this Act

(a) AGENCY.-"Agency" means each authority (whether or not within or subject to review by another agency) of the Government of the United States other than Congress, the courts, or the governments of the possessions, Territories, or the District of Columbia. Nothing in this Act shall be construed to repeal delegations of authority as provided by law. Except as to the requirements of section 3, there shall be excluded from the operation of this Act (1) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them, (2) courts martial and military commissions, (3) military or naval authority exercised in the field in time of war or in occupied territory, or (4) functions which by law expire on the termination of present hostilities, within any fixed period thereafter, or before July 1, 1947, and the functions conferred by the following statutes: Selective Training and Service Act of 1940; Contract Settlement Act of 1944; Surplus Property Act of 1944.

Approved June 11, 1946.

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