Page:United States Statutes at Large Volume 58 Part 1.djvu/108

This page needs to be proofread.

PUBLIC LAWS-CH. 63-FEB. 25, 1944 '"Trmination date.W iempt cntracts 3 Stat. 33. 26 U..8. 0 . l (6). Interpretation of ex- inmptions etc. a"p- ASA.. PS so derived as the percentage of completion of the contract prior to the termination date; and "(B) in all other cases, the profits so derived which are received or accrued prior to the termination date; and "(2) The term 'termination date' means- "(A) December 31, 1944; or "(B) If the President not later than December 1, 1944, finds and by proclamation declares that competitive condi- tions have not been restored, such date not later than June 30, 1945, as may be specified by the President in such proclama- tion as the termination date; or "(C) If the President, not later than June 30, 1945, finds and by proclamation declares that competitive conditions have been restored as of any date within six months prior to the issuance of such proclamation, the date as of which the President in such proclamation declares that competitive conditions have been restored; except that in no event shall the termination date extend beyond the date proclaimed by the President as the date of the termina- tion of hostilities in the present war, or the date specified in a con- current resolution of the two Houses of Congress as the date of such termination, whichever is the earlier. "(i) (1) The provisions of this section shall not apply to- "(A) any contract by a Department with any other depart- ment, bureau, agency, or governmental corporation of the United States or with any Territory, possession, or State or any agency thereof or with any foreign government or any agency thereof; or " (B) any contract or subcontract for the product of a mine, oil or gas well, or other mineral or natural deposit, or timber, which has not been processed refined, or treated beyond the first form or state suitable for industrial use; or " (C) any contract or subcontract for an agricultural commodity in its raw or natural state, or if the commodity is not customarily sold or has not an established market in its raw or natural state, in the first form or state, beyond the raw or natural state, in which it is customarily sold or in which it has an established market. The term 'agricultural commodity' as used herein shall include but shall not be limited to- "(i) commodities resulting from the cultivation of the soil such as grains of all kinds, fruits, nuts, vegetables, hay, straw, cotton, tobacco, sugar cane, and sugar beets; "(ii) natural resins, saps and gums of trees; "(iii) animals such as cattle, hogs, poultry, and sheep, fish and other marine life, and the produce of live animals, such as wool, eggs, milk and cream; or "(D) any contract or subcontract with an organization exempt from taxation under section 101 (6) of the -Internal Revenue Code; or "(E) any contract with a Department, awarded as a result of competitive bidding, for the construction of any building, struc- ture. improvement, or facility; or "(F) any subcontract, directly or indirectly under a contract or subcontract to which this section does not apply by reason of this paragraph. "(2) The Board is authorized by regulation to interpret and apply the exemptions provided for in paragraph (1) (A), (B), (C), (E), and (F), and interpret and apply the definition contained in subsec- tion (a) (7). [58 STAT.