Page:United States Statutes at Large Volume 56 Part 1.djvu/1013

 77TH CONG., 2D SESS.-CH. 619-OCT. 21, 1942 "(f) Subject to any regulations which the President may prescribe for the protection of the interests of the Government, the authority and discretion herein conferred upon the Secretary of each Depart- ment may be delegated in whole or in part by him to such indi- viduals or agencies as he may designate in his Department, or in any other Department with the consent of the Secretary of that Depart- ment, and he may authorize such individuals or agencies to make further delegations of such authority and discretion." (c) Section 403 of the Sixth Supplemental National Defense Appropriation Act (Public 528, 77th Cong., 2d Sess.), is amended by adding at the end thereof the following subsections: "(i) (1) The provisions of this section shall not apply to- "(i) any contract by a Department with any other department, 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 "(ii) 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; and the Secretaries are authorized by joint regulation, to define, interpret, and apply this exemption. "(2) The Secretary of a Department is authorized, in his dis- cretion, to exempt from some or all of the provisions of this section- "(i) any contract or subcontract to be performed outside of the territorial limits of the continental United States or in Alaska; "(ii) any contracts or subcontracts under which, in the opinion of the Secretary, the profits can be determined with reasonable certainty when the contract price is established, such as certain classes of agreements for personal services, for the purchase of real property, perishable goods, or com- modities the minimum price for the sale of which has been fixed by a public regulatory body, of leases and license agree- ments, and of agreements where the period of performance under such contract or subcontract will not be in excess of thirty days; and "(iii) a portion of any contract or subcontract or perform- ance thereunder during a specified period or periods, if in the opinion of the Secretary, the provisions of the contract are otherwise adequate to prevent excessive profits. The Secretary may so exempt contracts and subcontracts both indi- vidually and by general classes or types. "(j) Nothing in sections 109 and 113 of the Criminal Code (U. S. C., title 18, secs. 198 and 203) or in section 190 of the Revised Statutes (U. S . C., title 5, sec. 99) shall be deemed to prevent any person appointed by the Secretary of a Department for intermittent and temporary employment in such Department, from acting as counsel, agent, or attorney for prosecuting any claim against the United States: Provided, That such person shall not prosecute any claim against the United States (1) which arises from any matter directly connected with which such person is employed, or (2) during the period such person is engaged in intermittent and temporary employment in a Department." (d) The amendments made by this section shall be effective as of April 28, 1942. Approved, October 21, 1942, 4.30 p. m. 985 Delegation of au- thority. Ante, pp. 245, 246. Exceptions. Exemptions. Prosecution of claims against U. S. 56 STAT.]

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