130
PUBLIC LAW 95-JUNE 30, 1953
65 Stat. 139. 5 0 U S C app. il63a. Purchases. 65 Stat. 133. 5 0 U S C app. 2093.
Transfer 8toclq>ile.
to
53 Stat. 811.
5 0 US C 2094.
5 0 U S C app. 2151. Allocations. F a i r s h a r e of civilian supply.
5 0 U S C app. 2152. " National defense. "
[67
ST A T.
connection with or in contemplation of the termination, in the interest of the United States, of any contract made for the national defense; but no small-business concern (as defined in section 714(a)(1) of this Act) shall be held ineligible for the issuance of such a guaranty by reason of alternative sources of supply". SEC. 5. Subsection (b) of section 303 of the Defense Production Act of 1950, as amended, is amended by striking out "1962" and inserting in lieu thereof "1963". SEC. 6. Section 303 of the Defense Production Act of 1950, as amended, is amended by adding at the end thereof a new subsection as follows: " (f) Notwithstanding any other provision of law to the contrary, metals, minerals, and materials acquired pursuant to the provisions of this section which, in the judgment of the President, are excess to the needs of programs under this Act, shall be transferred to the national stockpile established pursuant to the Act of June 7, 1939, as amended (50 tJ, S. C. 98-98h), when the President deems such action to be in the public interest. "Transfers made pursuant to this subsection shall be made without charge against or reimbursement from funds available under such Act of June 7, 1939, as amended, except that costs incident to such transfer other than acquisition costs shall be paid or reimbursed from such funds, and the acquisition costs of such metals, minerals, and materials transferred shall be deemed to be net losses incurred by the transferring agency and the notes payable issued to the Secretary of the Treasury representing the amounts thereof shall be canceled. Upon the cancellation of any such notes the aggregate amount of borrowing which may be outstanding at any one time under section 304(b) of this Act, as amended, shallbe reduced in an amount equal to the amount of any notes so cancelled." SEC. 7. Subsection (c) of section 701 of the Defense Production Act of 1950, as amended, is amended to read as follows: "(c) Whenever the President invokes the powers given him in this Act to allocate any material in the civilian market, he shall do so in such a manner as to make available, so far as practicable, for business and various segments thereof in the normal channel of distribution of such material, a fair share of the available civilian supply based, so far as practicable, on the share received by such business under normal conditions during a representative period following June 30, 1953: Provided, however, That the President shall from time to time give effect to the then current competitive position of established businesses as measured over a reasonable period of time, except as the same may result from Government controls under this or any other Act: Provided further, That the limitations and restrictions imposed on the production of specific items shall not exclude new concerns and newly acquired operations from a fair and reasonable share of total authorized production, and shall give due consideration to the needs of new concerns and newly acquired operations: Provided fwrther^ That if the President continues or reimposes allocation controls after June 30, 1953, in the civilian market of any materials subject to such controls on July 1, 1953, he shall do so in the manner above provided but on the basis of the share received by such business during a representative period preceding June 24, 1950, adjusted to reflect, since such date, attained competitive position, the requirements of new concerns and newly acquired operations." SEC. 8. Section 702(d) of the Defense Production Act of 1950, as amended, is amended to read as follows: " (d) The term 'national defense' means programs for military and atomic energy production or construction, military assistance to any foreign nation, stockpiling, and directly related activity."
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