All 68 Stat. 996.

of this Act. In lieu of incorporation in this Act of the provision described in section 303 (a) (9) of the Social Security Act, the Board 53 Stat. 1379. shall include in its annual report to Congress, provided in section 13 (c) 42 USC 503(a) of this Act, a report of any moneys received after July 1, 1941, from (9).

the Department of Labor under title III of the Social Security Act, Ante, p. 995; and any unencumbered balances in the unemployment compensation 42 USC 501–503. administration fund as of that date, which the Department of Labor finds have, because of any action or contingency, been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the Department of Labor for the proper administration of this Act."

Section 15 (c) is amended to read as follows:

D. C. Code 46

"(c) The Commissioners of the District shall serve on the Board 315(c). without additional compensation, but the representatives of employees Compensation of and employers, respectively, shall be paid $25 for each day of active representatives. service. For the purposes of this subsection, a part of a day shall be construed as an entire day."

Section 19 (a) is amended to read as follows:

D. C. Code 46

"(a) Whoever makes a false statement or representation knowing 319.

it to be false, or knowingly fails to disclose a material fact, to obtain or False statements, increase any benefit or other payment provided for in this Act or under to..

an employment security law of any other State, of the Federal Govern- Penalty. ment, or a foreign government for himself or any other individual,

shall, for each such offense, be fined not more than $100 or imprisoned

not more than sixty days, or both."

Section 19 is amended by adding at the end thereof the following subsection:

"(e) Any person who the Board finds has made a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to obtain or increase any benefit or any other payment under this Act may be required by the Board to repay to it for the fund a sum equal to the amount of all benefits received by him for weeks subsequent to the date of the offense and falling within the benefit year current at the time of the offense. Such claimant may also be disqualified for benefits for all or part of the remainder of such benefit year and for a period of not more than one year commencing with the end of such benefit year and thereafter while any sum payable to the Board for the fund under this subsection is still due and unpaid, unless the Board in its discretion shall decide, after the disqualification imposed has been served, to allow the claimant to file a claim for benefits and recoup from such benefits the amount still payable to the Board.

"All findings under this subsection shall be made by an appeals tribunal of the Board which shall afford the claimant a reasonable opportunity for a fair hearing in accordance with the provisions of section 11 of this Act and such findings shall be subject to review in the same manner as all other disqualifications decided by an appeals tribunal of the Board."

There shall be added after section 26 the following:

D. C. Code 46

duties.

"SEC. 27. (a) Wherever this Act prescribes the performance of a 325. duty by any official or agency of the District of Columbia, such duty Performance of shall be performed by the Commissioners of the District of Columbia or such officer, employee, or agency as the Commissioners may delegate to perform the duty for them.

(b) Where any provision of this Act, or any amendment made by this Act, refers to an office or agency abolished by or under the authority of Reorganization Plan Numbered 5 of 1952, such reference shall be deemed to be to the office, agency, or officer exercising the functions of the office or agency so abolished."

66 Stat. 824. D. C. Code 1

app.

All 68 Stat, 997.

TRANSITION PROVISIONS

SEC. 2. (a) As used in this section, unless the context clearly requires otherwise

(1) "old law" means the unemployment compensation law prior to its amendment by this Act;

(2) "new law" means the unemployment compensation law as amended by this Act; and

(3) "effective date" means the date upon which the new law becomes effective.

(b) The benefit rights of any individual having a benefit year current on or after the effective date shall be redetermined and benefits for calendar weeks ending subsequent to the effective date shall be paid in accordance with the new law: Provided, That no claimant shall have his benefits reduced or denied by redetermination resulting from the application of this provision. All initial and continued claims for benefits for weeks occurring within a benefit year which commences on or after the effective date shall be computed and paid in accordance with the new law.

EFFECTIVE DATE

SEC. 3. This Act shall take effect on January 1, 1955.
Approved August 31, 1954.

76573 O-61-44

2d Session

H. R. 6287

AN ACT

To extend and amend the Renegotiation Act of 1951.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) Renegotiation of section 102 of the Renegotiation Act of 1951 is hereby amended by Act of 1951, exstriking out "December 31, 1953" and inserting in lieu thereof "De- tension, etc. cember 31, 1954."

65 Stat. 7.

1212.

Aggregate

SEC. 2. (a) Section 105 (f) (1) of such Act is amended by strik- 50 USC app. ing out "$250,000" wherever it appears therein and inserting in lieu thereof the following: "$250,000, in the case of a fiscal year ending amounts. before June 30, 1953, or $500,000, in the case of a fiscal year ending on 50 USC app. or after June 30, 1953".

(b) Section 105 (f) (3) of such Act is amended by inserting, in the second sentence thereof, after "the $250,000 amount" the following: 66 the $500,000 amount,".

1215.

SEC. 3. (a) Paragraph (6) of section 106 (a) of such Act is hereby Exemptions. amended by inserting immediately following the second period therein 50 USC app. the following: "In designating those classes and types of contracts 1216. which shall be exempt and in exempting any individual contract under this paragraph, the Board shall consider as not having a direct or immediate connection with national defense any contract for the furnishing of materials or services to be used by the United States, a Department or agency thereof, in the manufacture and sale of synthetic rubbers to a private person or to private persons which are to be used for nondefense purposes. If the use by such private person or persons shall be partly for defense and partly for nondefense purposes, the Board shall consider as not having a direct or immediate connection with national defense that portion of the contract which is determined not to have been used for national defense purposes. The method used in making such determination shall be subject to approval by the Board."

(b) The amendment made by subsection (a) shall be effective as 68 Stat. 1116. if it were a part of such Renegotiation Act of 1951 on the date of its 68 Stat. 1117.

enactment.

SEC. 4. (a) Paragraph (1) of section 106 (c) of such Act is hereby Durable proamended by striking out "from subcontracts" and inserting in lieu ductive equipthereof "from contracts or subcontracts."

(b) Paragraph (1) of section 106 (c) of such Act is further amended by inserting "(A)" after the word "except" and by adding before the period at the end of such paragraph the following: "and (B) to receipts and accruals from contracts for new durable productive equipment in cases in which the Board finds that the new durable productive equipment covered by such contracts cannot be adapted, converted, or retooled for commercial use".

(c) Paragraph (2) of such section 106 (c) is hereby amended to read as follows:

"(2) DEFINITION.-For the purpose of this subsection, the term 'durable productive equipment' means machinery, tools, or other equipment which does not become a part of an end product, or of an article incorporated therein, and which has an average useful life of more than five years."

(d) The amendments made by subsections (a), (b), and (c) shall

ment.

apply only with respect to fiscal years (as defined in section 103 (h) 50 USC app. of the Renegotiation Act of 1951) ending on or after June 30, 1953, 1213.

50 USC app. 1216.

Standard commercial ar

tioles. Excessive profits.

50 USC app. 1215.

68 Stat. 1117. 68 Stat. 1118.

SEC. 5. (a) Section 106 (a) of such Act is hereby amended

(1) by striking out, in paragraph (7), "by reason of this subsection." and inserting in lieu thereof "by reason of any paragraph, other than paragraph (8), of this subsection; or"; and

(2) by adding at the end of such section the following:

(8) any contract or subcontract for the making or furnishing of a standard commercial article, unless the Board makes a specific finding that competitive conditions affecting the sale of such article are such as will not reasonably prevent excessive profits. This paragraph shall apply to any such contract or subcontract only if (1) the contractor or subcontractor files, at such time and in such form and detail as the Board shall by regulations prescribe, such information and data as may be required by the Board under its regulations for the purpose of enabling it to reach a decision with respect to the making of a specific finding under this paragraph, and (2) within a period of six months after the date of filing of such information and data, the Board fails to make a specific finding that competitive conditions affecting the sale of such article are such as will not reasonably prevent excessive profits, or (3) within such six-month period, the Board makes a specific finding that competitive conditions affecting the sale of such article are such as will reasonably prevent excessive profits. Any contractor or subcontractor may waive the exemption provided in this paragraph with respect to receipts or accruals in any fiscal year by including a statement to such effect in the financial statement filed by such contractor or subcontractor for such fiscal year pursuant to section 105 (e) (1). Any specific finding of the Board under this paragraph shall not be reviewed or redetermined by any court or agency other than by the Tax Court of the United States in a proceeding for a redetermination of the amount of excessive profits determined by an order of the Board. For the purpose of this paragraph

"(A) the term 'article' includes any material, part, component, assembly, machinery, equipment, or other personal property;

B) the term 'standard commercial article' means an article

"(1) which, in the normal course of business, is customarily manufactured for stock, and is customarily maintained in stock by the manufacturer or any dealer, distributor, or other commercial agency for the marketing of such article; or

(2) which is manufactured and sold by more than two persons for general civilian industrial or commercial use, or which is identical in every material respect with an article so manufactured and sold;

"(C) the term 'identical in every material respect' means of the same kind, manufactured of the same or substitute materials, and having the same industrial or commercial use or uses, without necessarily being of identical specifications; and

"(D) the term 'persons' does not include any person under control of, or controlling, or under common control with any other person considered for the purposes of subparagraph (B) (2) of this paragraph."

(b) The amendments made by subsection (a) shall apply to contracts with the Departments and subcontracts only to the extent of the amounts received or accrued by a contractor or subcontractor after December 31, 1953.

All 68 Stat. 1118.

SEO. 6. (a) Section 106 (a) (4) of such Act is hereby amended 50 USC app. by striking out "; or" at the end thereof and inserting the following: 1216. "and to such furnishing or sale in any case in which the Board finds Common carriers that the regulatory aspects of rates for such furnishing or sale, or by water. the type and nature of the contract for such furnishing or sale, are such as to indicate, in the opinion of the Board, that excessive profits are improbable; or".

(b) The amendment made by subsection (a) shall apply only with respect to fiscal years (as defined in section 103 (h) of the Renegotia- 50 USC app. tion Act of 1951) ending on or after December 31, 1953.

1213.

SEC. 7. (a) Section 105 (d) of such Act is hereby amended by 50 USC app. striking out the period at the end of the last sentence thereof and 1215. inserting the following: ", and shall also have the power to set aside Voiding of and declare null and void any such agreement if, upon a request agreement. made to the Board within three years from the date of such agreement, the Board finds as a fact that the aggregate of the amounts received or accrued by the other party to such agreement during the fiscal year covered by such agreement was not more than the minimum amounts subject to renegotiation specified in section 105 (f) for such fiscal year."

(b) The amendment made by subsection (a) shall be effective as if it were a part of the Renegotiation Act of 1951 on the date of its enactment.

Savings provision.

SEC. 8. Section 201 (h) of such Act is hereby amended by striking 66 Stat. 753. out "two years" and inserting in lieu thereof "four years", and by 50 USC app. adding at the end thereof the following new sentence: "If any 1231. such case has been dismissed by any court for failure to substitute for the War Contracts Price Adjustment Board prior to the effective date of this sentence, such case is hereby revived and reinstated in such court as if it had not been dismissed."

Approved September 1, 1954.