Transfer of functions.-All executive and administrative functions of the Civil Service Commission were transferred to the Chairman of the Civil Service Commission by 1949 Reorg. Plan No. 5, eff. Aug. 19, 1949, 14 F. R. 5227, 63 Stat. - See note set out under section 632 of Title 5, Executive Department and Government Officers and Employees.

FIRST WAR POWERS ACT, 1941

TITLE I-COORDINATION OF EXECUTIVE BUREAUS IN THE INTEREST OF THE MORE EFFICIENT CONCENTRATION

OF THE GOVERNMENT

§ 601. Coordination of executive bureaus; offices, etc., by President for national defense and to prosecute the war; issuance of regulations.

EXECUTIVE ORDER NO. 9069

Names of the Bureau of Plant Industry, the Bureau of Agricultural Chemistry and Engineering and the Bureau of Home Economics, referred to in section 3 of this Executive Order, were changed to the Bureau of Plant Industry, Soils, and Agricultural Engineering, the Bureau of Agricultural and Industrial Chemistry, and the Bureau of Human Nutrition and Home Economics, respectively, by de partmental action in February, 1943. Functions of the agencies mentioned in said section were transferred to the Secretary of Agriculture by 1947 Reorg. Plan No. 1, § 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. -. See note to section 391 of Title 7, Agriculture.

For reorganization of the housing agencies to which this Executive Order relates, see 1947 Reorg. Plan No. 3, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. set out in note to section 133y-16 of Title 5, Executive Departments and Government Officers and Employees.

EXECUTIVE ORDER NO. 9177

Functions, power and duties and outstanding contracts and obligations relating to activities and transactions in foreign countries vested in the Secretary of Commerce and Reconstruction Finance Corporation, or any corporation created by the Reconstruction Finance Corporation to handle such activities, transferred to the Office of Economic Warfare, see Ex. Ord. No. 9361, set out as a note under this section.

EXECUTIVE ORDER NO. 9280

War Food Administration was terminated and its functions transferred to Secretary of Agriculture by Ex. Ord. No. 9577, set out as a note under this section.

EXECUTIVE ORDER NO. 9322

Ex. Ord. No. 9322, was omitted under authority of Ex. Ord. No. 9577, set out as a note under this section, which terminated the War Food Administration and transferred its functions to the Secretary of Agriculture.

EXECUTIVE ORDER NO. 9385

Ex. Ord. No. 9385, was omitted under authority of Ex. Ord. No. 9630, Sept. 27, 1945, 10 F.R. 12245, set out in note under this section, which terminated the Foreign Economic Administration and transferred its functions with respect to food to the Department of Agriculture.

EXECUTIVE ORDER NO. 9418

Ex. Ord. No. 9418, was omitted under authority of Ex. Ord. No. 9577, June 30, 1945, 10 F.R. 8087, set out as a note under this section, which terminated the War Food Administration and transferred its functions to the Secretary of Agriculture. EX. ORD. NO. 9577. TERMINATION OF THE WAR FOOD ADMINISTRATION AND TRANSFERRAL OF ITS FUNCTIONS TO THE SECRETARY OF AGRICULTURE Ex. Ord. No. 9577, June 30, 1945, 10 F.R. 8087, provided:

By virtue of the authority vested in me as President by the Constitution and laws of the United States, including Title I of the First War Powers Act, 1941 (55 Stat. 838) [sections 601-605 of this Appendix], it is ordered as follows:

1. The War Food Administration and the office of War Food Administrator, established by Executive Order No. 9334 of April 19, 1943 [set out under this section], are hereby terminated.

2. The functions, duties, and powers of the War Food Administrator, including but not limited to those vested in the Administrator by Executive Orders No. 9334 of April 19, 1943, as amended, No. 9385 of October 6, 1943, No. 9401 of December 7, 1943, No. 9418 of January 29, 1944, and No. 9534 of April 3, 1945, are hereby transferred to, and shall be exercised and performed by the Secretary of Agriculture.

3. The records, property, personnel, funds, and agencies of the War Food Administration are hereby placed under the jurisdiction and control of the Secretary of Agriculture. The agencies of the War Food Administration shall, consistent with applicable law, be organized and administrated in such manner as the Secretary of Agriculture may deem desirable.

4. The Secretary of Agriculture shall have, and may exercise to such extent and subject to such conditions as he shall determine, (a) all powers of delegation vested in the War Food Administrator, including but not limited to those specified in paragraph 9 of Executive Order No. 9280 of December 5, 1942 [set out under this section], and (b) the authority to confer upon any person or persons to whom he may make delegations hereunder, the power to make further delegations to any person or persons in the Department of Agriculture.

5. All orders, directives, rules, and regulations relating to any matter within the scope of the authority of the War Food Administrator which are in effect on the effective date of this order shall continue in full force and effect unless and until modified or revoked by the Secretary of Agriculture or at his direction or under his authorization.

6. All prior Executive orders in conflict with this order are hereby amended to the extent of such conflict.

7. This order shall take effect at the close of business on June 30, 1945.

EX. ORD. NO. 9630. REDISTRIBUTION OF FOREIGN ECONOMIC FUNCTIONS AND FUNCTIONS WITH RESPECT TO SURPLUS PROPERTY IN FOREIGN AREAS

Ex. Ord. No. 9630, Sept. 27, 1945, 10 F.R. 12245, provided:

By virtue of the authority vested in me by the Constitution and Statutes, including Title I of the First War Powers Act, 1941 [section 601 of this appendix], and as President of the United States, and Commander in Chief of the Army and Navy, it is hereby ordered as follows:

PART I

1. The Foreign Economic Administration established by Executive Order No. 9380 of September 25, 1943 [set out as a note under this section], hereinafter referred to as the Administration, and its agencies except as otherwise provided in this order, and the office of the Administrator of the Foreign Economic Administration, are terminated and disposition shall be made of the affairs thereof according to the provisions of this Part.

5. There are transferred to the Department of Agriculture the functions of the Office of Foreign Food Programs and all other functions of the Administration with respect to food (as defined in paragraph 10 of Executive Order No. 9280 of December 5, 1942) [set out as a note under this section], food machinery, and other food facilities.

6. There are transferred to the heads of the agencies to which functions are transferred by this Part the respective functions of the Administrator of the Foreign Economic Administration, hereafter referred to as the Administrator, which relate to the functions so transferred to the aforesaid agencies.

EXECUTIVE ORDER NO. 9903

Nov. 13, 1947, 12 F.R. 7413

TERMINATION OF DUTY-FREE ADMISSION OF WAR MATERIALS PURCHASED BY CERTAIN AGENCIES

By virtue of the authority vested in me as President of the United States, it is hereby ordered, in the interest of the internal management of the Government, as follows:

Except as to articles entered for consumption, or withdrawn from warehouse for consumption, prior to the thirtieth day after the date of this order, there is hereby terminated the authority of (1) the Secretary of Agriculture and the Reconstruction Finance Corporation and its Board of Directors under Executive

Order No. 9177 of May 30, 1942 (7 F.R. 4195) [set out as a note under this section], (2) the United States Maritime Commission under Executive Order No. 9495 of October 30, 1944 (9 F.R. 13035) [set out as a note under this section], and (3) the Secretary of Commerce under Executive Order No. 9768 of August 9, 1946 (11 F.R. 8711) [set out as a note under this section].

All provisions of prior Executive orders inconsistent with the provisions of this order are amended accordingly.

PROCLAMATION NO. 2714

Dec. 31, 1946, 12 F.R. 1

CESSATION OF HOSTILITIES OF WORLD WAR II

With God's help this nation and our allies, through sacrifice and devotion, courage and perseverance, wrung final and unconditional surrender from our enemies. Thereafter, we, together with the other United Nations, set about building a world in which justice shall replace force. With spirit, through faith, with a determination that there shall be no more wars of aggression calculated to enslave the peoples of the world and destroy_their_civilization, and with the guidance of Almighty Providence great gains have been made in translating military victory into permanent peace. Although a state of war still exists, it is at this time possible to declare, and I find it to be in the public interest to declare, that hostilities have terminated.

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim the cessation of hostilities of World War II, effective twelve o'clock noon, December 31, 1946

TITLE II-CONTRACTS

§ 611. War contracts exempt from certain restrictions upon authorization by President.

EXECUTIVE ORDER NO. 9336

Ex.Ord.No. 9336, was omitted under authority of Ex.Ord.No. 9380, set out as a note under section 601 of this Appendix, which consolidated the Office of LendLease Administration into the Foreign Economic Administration, which was terminated by Ex. Ord. 9630, set out as a note under section 601 of this Appendix, and redistributed its functions to Departments of State, Commerce, and Agriculture and the Reconstruction Finance Corporation, and Act July 8, 1946, ch. 543, Title II, § 202, 60 Stat. 501, set out as a note under section 1291 of this Appendix, which terminated the War Shipping Administration.

SECOND WAR POWERS ACT, 1942

TITLE II-ACQUISITION AND DISPOSITION OF PROPERTY

§ 632a. Same; termination of authority.-The authority to acquire property, or any use thereof or interest therein, granted by section 2 of such Act of July 2, 1917 (section 171a of this title), shall not be exercised after the date upon which this section becomes effective (Dec. 28, 1945). (Mar. 27, 1942, ch. 199, Title II, § 202, as added Dec. 28, 1945, ch. 590, § 1(a), 59 Stat. 658.)

§ 633. Amendment of section 1152 of this Appendix.

"Sec. 2 (a) (1). That whenever deemed by the President of the United States to be in the best interests of the national defense during the national emergency declared by the President on September 8, 1939, to exist, the Secretary of the Navy is hereby authorized to negotiate contracts for the acquisition, construction, repair, or alteration of complete naval vessels or aircraft, or any portion thereof, including plans, spare parts, and equipment therefor, that have been or may be authorized, and also for machine tools and other similar equipment, with or without advertising or competitive bidding upon determina

tion that the price is fair and reasonable. Deliveries of material under all orders placed pursuant to the authority of this paragraph and all other naval contracts or orders and deliveries of material under all Army contracts or orders shall, in the discretion of the President, take priority over all deliveries for private account or for export: Provided, That contracts negotiated pursuant to the provisions of this paragraph shall not be deemed to be contracts for the purchase of such materials, supplies, articles, or equipment as may usually be bought in the open market within the meaning of section 9 of the Act entitled 'An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes', approved June 30, 1936 (49 Stat. 2036; U.S.C., Title 41, secs, 35-45): Provided further, That nothing herein contained shall relieve a bidder or contractor of the obligation to furnish the bonds under the requirements of the Act of Aug. 24, 1935 (49 Stat. 793; 40 U. S. C. § 270 (a) to (d)): Provided further, That the cost-plus-a-percentage-of-cost system of contracting shall not be used under the authority granted by this paragraph to negotiate contracts; but this proviso shall not be construed to prohibit the use of the cost-plus-a-fixed-fee-form of contract when such use is deemed necessary by the Secretary of the Navy: And provided further, That the fixed fee to be paid the contractor as a result of any contract entered into under the authority of this paragraph, or any Department of the Army contract entered into in the form of cost-plus-a-fixed-fee, shall not exceed 7 per centum of the estimated cost of the contract (exclusive of the fee as determined by the Secretary of the Navy or the Secretary of the Army as the case may be).

"(9) The district courts of the United States are hereby given exclusive jurisdiction to enjoin or set aside, in whole or in part, any order suspending any priority or allocation, or denying a stay of any such suspension, that may have been issued by any person, officer, or agency, acting or purporting to act hereunder, or under any other law or authority.

"Any action to enjoin or set aside any such order shall be brought within five days after the service thereof.

"No suspension order shall take effect within five days after it has been served, or, if an application for a stay is made to the issuing authority within such five-day period, until the expiration of five days after service of an order denying the stay.

"The venue of any such suit shall be in the district court of the United States for the district in which the petitioner has his principal place of business; and the respondent shall be subject to the jurisdiction of such court after ten days before the return day of the writ; either when (1) process shall have been served on any district manager or other agent of the respondent of similar or superior status; or (2) notice by registered mail shall have been given to respondent, or to the office of the Attorney General of the United States." (As amended Dec. 20, 1944, ch. 614, 58 Stat. 827; Aug. 7, 1946, ch. 770, § 1(26), (31), 60 Stat. 868; July 26, 1947, ch. 343, Title II, § 205(a), 61 Stat. 501.)

Par. (1) amended by Act Aug. 7, 1946, cited to text, which repealed the proviso requiring the Secretary of the Navy to report every three months to Congress the contracts entered into under authority of said par. (1).

Act Dec. 20, 1944, cited to text, amended section by adding par. (9). 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 section 205(a) of Act July 26, 1947, cited to text.

Extension of certain Presidential powers under this section.

Continuation of import controls over fats and oils and rice and rice products until July 1, 1950.-Act July 1, 1949, ch. 292, 63 Stat. 405, provided: "That, notwithstanding any other provision of law, title III of the Second War Powers Act, 1942, as amended [section 633 of this Appendix], and the amendments to existing law made by such title shall continue in effect until July 1, 1950, for the purpose of authorizing the exercising, administering, and enforcing of import controls with respect to 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, upon a determination by the President that such controls are (a) essential to the acquisition or distribution of products in world short supply or (b) essential to the orderly liquidation of temporary surpluses of stocks owned or controlled by the Government: Provided, however, That such controls shall be removed as soon as the conditions giving rise to them have ceased."' First Decontrol Act of 1947.-Act Mar. 31, 1947, ch. 29, 61 Stat. 34, provided: "Section 1. Short Title.-This Act [Act Mar. 31, 1947] shall be cited as the 'First Decontrol Act of 1947.'

"Section 2. Declaration of Congressional Purposes.-The Congress hereby declares that it is vital to a free economy and full production in the United States that all emergency controls and war powers under the Second War Powers Act [sections 631-638, 640-641e, and 643-645a of this Appendix] be removed except in certain limited instances.

"The Congress further declares that in each such limited instance the authority for such emergency controls and war powers should not be exercised by the grant of broad, general war powers but should be granted by restrictive, specific legislation.

Section 3. Amendment of Section 645 of this Appendix.-For the purpose of liquidating existing emergency controls and war powers and for the purpose of affording further opportunity for the appropriate committees of the Congress to consider specific legislation granting restricted authority in limited instances, title XV, section 1501, of the Second War Powers Act, 1942, approved March 27, 1942, as amended [section 645 of this Appendix], is amended to read as follows:

"'Sec. 1501. Except as otherwise provided by statute enacted during the first session of the Eightieth Congress on or before the date this section as amended takes effect [Mar. 31, 1947], 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, except that such title III [section 633 of this Appendix], and the amendments to existing law made by such title, shall remain in force until June 30, 1947, for the following purposes: (a) Allocations of cinchona bark and cinchona alkaloids, manila (abaca) fiber and cordage, agave fiber and cordage, tin and tin products, antimony and streptomycin; (b) allocations limited to control of production for export of tractors; (c) allocations of the use of transportation equipment and facilities by rail carriers; (d) allocations of materials or facilities for export which are required to expand the production in foreign countries of materials critically needed in the United States; (e) allocations of materials or facilities which are certified by the Secretaries of State and Commerce as necessary to meet international commitments: Provided, That any materials or facilities which were not being allocated on March 24, 1947, shall not be allocated hereafter under the provisions of such title III [section 633 of this Appendix]: Provided further, That the two Houses of Congress by concurrent resolution or the President may designate an earlier time for the termination of any power of allocation under such title: Provided further, That nothing herein contained shall be construed to continue beyond March 31, 1947, any authority to allocate sugar, rubber, or the derivatives thercof. 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 by the Act of May 31, 1941 [section 1152 (a) of this Appendix]) shall be in full force and effect as though this Act had not been enacted.'"'