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 54 STAT.] 76TH CONG., 3D SESS.-CH. 364-JUNE 14, 1940 SEC. 5. There is hereby authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appro- priated, such sums as may be necessary to effectuate the purposes of this Act, including not to exceed $35,000,000 for shipbuilding ways, shipbuilding docks, and essential equipment and facilities at naval establishments for building or equipping any ship, herein or hereto- fore authorized, and, in addition, not to exceed $6,000,000 for essential equipment and facilities at either private or naval establishments for the production of armor or armament: Provided, That equipment and facilities procured for the production of armor or armament pursuant to the authority contained herein may be leased, sold, or otherwise disposed of, in the discretion of the Secretary of the Navy, when no longer required for use under naval contract. SEC. 6. The allocation and contracts for construction of the vessels herein authorized as well as the procurement and construction of air- planes and spare parts, shall be in accordance with the terms and conditions provided by the Act of March 27, 1934 (48 Stat. 503), as amended. SEC. 7. Vessels of the following categories shall hereafter be deemed under age until the number of years indicated have elapsed since completion: Battleships, twenty-six years; aircraft carriers and cruisers, twenty years; other combatant surface craft, sixteen years; submarines, thirteen years. SEC. 8. The construction, alteration, furnishing, or equipping of any naval vessel authorized by this Act, or the construction, altera- tion, furnishing, or equipping of any naval vessels with funds from any appropriation available for such purposes, contracts for which are made after June 30, 1940, shall be in accordance with the pro- visions of Public Law Numbered 846, Seventy-fourth Congress, approved June 30, 1936, unless such course, in the judgment of the President of the United States, should not be in the interest of national defense. SEC. 9. For the purpose of modernizing the United States ships New York, Texas, and Arkansas, alterations and repairs to such vessels are hereby authorized at a total cost not to exceed the sum of $6,000,000. This sum shall be in addition to the total appropriation expenditures for repairs and changes to each of these vessels as lim- ited by the Act of July 18, 1935 (49 Stat. 482; U. S . C., title 5, sec. 468a). SEC. 10. The provisions of section 4 of the Act approved April 25, 1939 (53 Stat. 590, 592), shall, during the period of any national emergency declared by the President to exist, be applicable to naval public works and naval public utilities projects in the Fourteenth Naval District for which appropriations are made or authorized: Pro- vided, That the fixed fee to be paid the contractor as a result of any contract entered into under the authority contained herein, or any contract hereafter entered into under the authority contained in said Act of April 25, 1939, shall not exceed 6 per centum of the estimated cost of the contract, exclusive of the fee, as determined by the Secretary of the Navy. SEC. 11. In the discretion of the President, there is hereby author- ized and established a Naval Consulting Board of seven members to be appointed by the President, by and with the advice and consent of the Senate, from among eminent civilians in the fields of industry, science, and research, to serve during the pleasure of the President. This Board is hereby authorized to make recommendations to the Secretary of the Navy in any matter concerning the Naval Establish- ment and the national defense. The members thereof shall serve without compensation, but shall be reimbursed for all expenses incurred incident to their travel and employment as members of the 395 Appropriations au- thorized. Shipbuilding ways, etc. Equipment, etc., for production of armor, etc. Proviso. Disposition when no longer required. Allocation and con. tracts for construc- tion, etc. 34U.S.C.§§494- 497; Supp. V, § 496. Under-age vessels. Construction, etc., contracts made after June 30, 1940. 49 Stat. 2036 . 41 U. S. C., Supp. V, 5§ 35-45. Modernization of designated ships, cost limitation. Ante, p. 295. 5U. 8.C., Supp. V, 468a. Fourteenth Naval District. Contracts on a cost- plus-a-flxed-fee basis. Pr'oiso. Amount of fixed fee, limitation. Post, p. 77. Naval Consulting Board, establishment. Recommendations, scope. Compensation; ex- penses.

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