to such commodities or products that are or may be eaten or drunk by human beings or animals, irrespective of other uses to which such commodities or products may be put, and at all stages of processing from the raw commodity to the product thereof in a vendible form for immediate human or animal consumption, but exclusive of such commodities and products as the Secretary of Agriculture shall determine. For the purposes of this order, the term "agricultural commodities" shall also include all starches, sugars, fats and oils of animal, vegetable, or marine origin (including oil seeds and other oil bearing materials, fatty acids, soap and soap powder), cotton, tobacco, wool, hemp, flax fiber, and alcohol, and also such other commodities and products as the President may designate.

4 (a.) The authority delegated to the Director of the Office of Defense Transportation by paragraph 1 hereof shall be exercised by him with respect to allocation of transportation facilities and equipment.

(b). The powers, authority, and discretion conferred on the President by section 4(a) of the joint resolution [section 1914(a) of this Appendix] with respect to the use of transportation equipment and facilities by rail carriers are hereby included within the powers, authority, and discretion delegated to the Director of the Office of Defense Transportation under Executive Order No. 8989 of December 18, 1941 (6 F. R. 6725), as amended by Executive Order No. 9398 of October 18, 1943 (8 F.R. 14183), Executive Order No. 9156 of May 2, 1942 (7 F.R. 3349), Executive Order No. 9214 of August 5, 1942 (7 F.R. 6097), and Executive Order No. 9729 of May 23, 1946 (11 F.R. 5641 [set out as a note under section 601 of this Appendix]). The said Executive orders are amended accordingly.

5. The authority delegated to the Secretary of Commerce by paragraph 1 hereof shall be exercised by him with respect to priority, allocation, and inventory control of scarce commodities which basically affect the cost of living or industrial production, other than fuels as provided in paragraph 2, agricultural commodities as provided in paragraph 3, and transportation facilities and equipment as provided in paragraph 4.

6. The Secretary of Agriculture is hereby authorized to carry out a program for the conservation of food and feed and for that purpose to exercise the authority conferred upon the President by section 8 of the joint resolution [section 1918 of this Appendix].

7. The Secretary of Commerce is hereby authorized to continue exercising the powers, authority, and discretion conferred upon the President by section 6 of the act of July 2, 1940, 54 Stat. 714, as amended [section 701 of this Appendix]. Such powers, authority, and discretion, and the powers, authority, and discretion vested in the President by section 3 of the joint resolution [section 1913 of this Appendix] are hereby included within the delegation made to the Secretary of Commerce by Executive Order No. 9630 of September 27, 1945 (10 F.R. 12245) [set out as a note under section 601 of this Appendix], and the said Executive order is modified accordingly.

8. Each government officer or agency exercising authority delegated under this order shall, in exercising such authority, consult with other agencies or committees having special information or sources of such information about the supply of or demand for the materials, commodities, or facilities involved and with other agencies or committees having responsibilities related to such authority. Each agency shall establish such committees and other working groups as may be appropriate to consult with and obtain the advice of other agencies.

9. Nothing in this order shall be deemed to affect the powers, authority, or discretion delegated to the Secretary of Agriculture by Executive Order No. 9915 of December 30, 1947 [set out as a note under section 1914 of this Appendix].

§ 1912. Voluntary agreement-Consultation by President with representatives of industry, business, and agriculture.-(a) In order to carry out the purposes declared in section 1 of this joint resolution [section 1911 of this Appendix], the President is authorized to consult with representatives of industry, business, and agriculture with a view to encouraging the making, by persons engaged in industry, business, and agriculture, of voluntary agreements approved by the President

(1) providing for allocation of transportation facilities and equipment;

(2) providing for priority allocation and inventory control of scarce commodities which basically affect the cost of living or industrial production;

(3) providing for regulation of speculation trading on commodity exchanges.

(b) Approval of agreements; termination date. The president is authorized to approve any such agreement which he finds will carry out any of the purposes declared in section 1 of this joint resolution, except that he shall not approve any agreement unless such agreement specifically provides that it shall cease to be effective on or before September 30, 1949, and he shall not approve any agreement which provides for the fixing of prices.

(c) Requests for compliance with agreements; nonassessment of penalties. Whenever a governmental officer or agency determines that a plan of voluntary action with respect to any material, commodity, or facility is practicable and is appropriate to the successful carrying out of the policies set forth in said Act [sections 1911-1919 of this Appendix], that agency or official may request in writing compliance by one or more persons with such plan of voluntary action as may be approved by the Attorney General. Any act or omission by such person or persons in compliance with a written request made pursuant to this section and with a voluntary plan promulgated thereunder shall not be the basis at any time for any prosecution or any civil action or any proceeding under the antitrust laws of the United States or the Federal Trade Commission Act [sections 41-46 and 47-58 of Title 15].

(d) Same; withdrawal; publication.-Such written request may, in the discretion of the governmental officer or agency which made the request, be withdrawn at any time by said governmental officer or agency, by written notice from said governmental officer or agency of such withdrawal to the Attorney General, and after publication of notice of such withdrawal in the Federal Register as provided in subsection (e) [of this section], the provisions of this Act [sections 1911-1919 of this Appendix] shall not apply to any subsequent act or omission by reason of such request or voluntary plan.

(e) Reports to Congress.-The Attorney General shall transmit to the President pro tempore of the Senate and to the Speaker of the House of Representatives, and shall order published in the Federal Register every such request, and any withdrawal thereof, and any plan, program, or other arrangements promulgated under, or which is the basis of, any such request.

(f) Termination date. This section shall expire on September 30, 1949, and any requests made and voluntary plans adopted under this section shall have no force or effect thereafter.

(g) Definition.-As used in this section the term "person" means an individual, corporation, partnership, or association. (Dec. 30, 1947, ch. 526, § 2, 61 Stat. 945.)

1949 amendment. Subsec. (b) amended by Act Feb. 9, 1949, cited to text, which substituted "September 30, 1949" for "March 1, 1949."

Subsec. (f) amended by Act Feb. 9, 1949, cited to text, to extend section from March 1, 1949, to September 1, 1949.

§ 1913. Export controls; price criteria in licensing of exports(a) Section 6 (d) of the Act of July 2, 1940 (54 Stat. 714), as amended [section 701 of this Appendix], is amended by striking out "February 29, 1948" and inserting in lieu thereof "February 28, 1949".

(b) Notwithstanding any other provision of law, the President in the exercise of the powers, authority, and discretion conferred upon him by such Act of July 2, 1940, as amended [section 701 of this Appendix], is authorized to use price criteria in the licensing of exports, either by giving preference among otherwise comparable applications to those which provide for the lowest prices, or, in exceptional circumstances, by fixing reasonable mark ups in export prices over domestic prices. (Dec. 30, 1947, ch. 526, § 3, 61 Stat. 946.)

§ 1914. Allocation of transportation facilities and grain.-(a) Notwithstanding any other provision of law, title III of the Second War Powers Act, 1942, as amended [section 633 of this Appendix], shall continue in effect to and including February 28, 1949, or such earlier date as the Congress by concurrent resolution or the President may designate, for the exercise of the powers, authority, and discretion conferred on the President by such title III [said section] with respect to the use of transportation equipment and facilities by rail carriers.

(b) Notwithstanding any other provision of law, title III of the Second War Powers Act, 1942 [section 633 of this Appendix], is hereby revived and reenacted for the exercise of the powers, authority, and discretion conferred on the President by such title III [said section] with respect to the use of grain for the production of distilled spirits or neutral spirits for beverage purposes. The authority granted by this subsection shall expire on January 31, 1948. (Dec. 30, 1947, ch. 526, § 4, 61 Stat. 946.)

EXECUTIVE ORDER NO. 9915

December 30, 1947, 12 F.R. 8875

DELEGATING PRESIDENT'S POWERS UNDER SECTIONS 1914(b) AND 1915 OF THIS APPENDIX TO SECRETARY OF AGRICULTURE

By virtue of the authority vested in me by sections 4(b) and 5 of the Joint Resolution approved December 30, 1947 [sections 1914(b) and 1915 of this Appendix], entitled "Joint Resolution to aid in the stabilization of commodity prices, to aid in further stabilizing the economy of the United States, and for other purposes,'' and as President of the United States, the Powers, authority, and discretion vested in the President under section 4(b) of the aforesaid joint resolution [section 1914 (b) of this Appendix], reviving the reenacting Title III of the Second War Powers Act, 1942 [section 633 of this Appendix], for certain purposes, are hereby included within the powers, authority, and discretion delegated to the Secretary of Agriculture under Executive Order No. 9280 of December 5, 1942 (7 F.R. 10179), as amended or modified by Executive Order No. 9322 of March 26, 1943 (8 F.R. 3807), No. 9334 of April 19, 1943 (8 F.R. 5423) and No. 9577 of June 29, 1945 (10 F.R. 8087) [all set out as notes under section 601 of this Appendix].

The said Executive orders are modified accordingly.

§ 1915. Delegation of authority.-The authority granted to the President by section 2 of this joint resolution [section 1912 of this Appendix] and, notwithstanding the provisions of sections 6 of the Second Decontrol Act of 1947 [set out as a note under section 633 of this Appendix], the authority granted to the President by section

4 of this joint resolution [section 1914 of this Appendix] and by section 6 of the Act of July 2, 1940 (54 Stat. 714), as amended [section 701 of this Appendix], may, to the extent the President directs, be exercised by any department, agency, or officer in the executive branch of the Government. (Dec. 30, 1947, ch. 526, § 5, 61 Stat. 946.)

§ 1916. Critical shortages; recommendations by President; public hearings. (a) Whenever the President shall determine that there is or threatens to be a critical shortage of any raw material, commodity, or product which jeopardizes the health or safety of the people of the United States or its national security or welfare and that there is no prospect that such critical shortage may soon be remedied by an increase in the available supply without additional governmental action and that the situation cannot be solved by voluntary agreement under the provisions of this Act [section 1911-1919 of this Appendix], he may prepare proposed measures for conserving such raw material, commodity, or product which he shall submit to the Congress in the following form:

(1) A statement of the circumstances which, in the President's judgment, require the proposed conservation measures.

(2) A detailed procedure for the administration of the proposed measures including the additional budget and additional personnel required for their enforcement.

(3) The proposed degree of curtailment in current and prospective use of each such raw material, commodity, or product by each processor and/or user thereof, including the specific formulae proposed for such curtailment with respect to each class or classes of processors or users and the criteria used in the establishment of such formulae. (4) A complete record of the factual evidence upon which his recommendations are based, including all information provided by any agency of the Federal Government which may have been available to him in the course of his consideration of the matter.

(b) Within fifteen days after the submission of such proposed conservation measures, the Joint Committee on the Economic Report shall conduct public hearings thereon and shall make such recommendations to the Congress for legislative action as in its judgment the recommendations of the President and any additional information disclosed at the public hearings may require. (Dec. 30, 1947, ch. 526, § 6, 61 Stat. 947.)

§ 1917. Production of foods in non-European foreign countries.— Notwithstanding any other provision of law, in order to alleviate and prevent shortages in foods, agricultural commodities, and products thereof, Commodity Credit Corporation is authorized to carry out projects to stimulate and increase the production of foods, agricultural commodities, and products thereof, in non-European foreign countries. Such projects may include procurement, the making of advances and price guaranties, the furnishing of technical information and assistance, the furnishing of seed, fertilizer, machinery, equipment and other materials, and such other actions as are necessary or incident to the carrying out of such projects: Provided, That any such program is first submitted to Congress by the Secretary of Agriculture, and is not disapproved by concurrent resolution of Con

gress within sixty days thereafter. (Dec. 30, 1947, ch. 526, § 7, 61 Stat. 947.)

§ 1918. Food and conservation program; appropriations; administrative expenses.-(a) In order to alleviate shortages in foods and feeds, and to assist in stabilizing prices, the President shall carry out a program for the conservation of food and feed. In carrying out such program, the President is authorized, through the dissemination of information, educational and other campaigns, the furnishing of assistance, and such other voluntary and cooperative measures as he deems necessary or appropriate, to encourage and promote the efficient utilization, care, and preservation of food and feed, the elimination of practices which waste food and feed, the control and eradication of insects and rodents, the consumption of less of these foods and feeds which are in short supply and more of those foods and feeds which are in abundant supply, and other conservation practices. The authority herein conferred may be exercised by the President through such departments, agencies, independent establishments, and officials of the Federal Government and such State, local, and private agencies as he may determine.

(b) There is hereby authorized to be appropriated to the President such sums as may be necessary to carry out this section. To enable the President to carry out this section for the remainder of the fiscal year ending June 30, 1948, there is hereby made available not to exceed $1,000,000 from any funds made available by the Congress for carrying out Public Law 84, Eightieth Congress [sections 1411-1417 of this Appendix], or from any funds made available by the Congress for interim foreign aid. Funds made available for the purpose of this section may be used for necessary administrative expenses, including personal services in the District of Columbia and elsewhere, purchase or hire of motor vehicles, temporary or intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract, without regard to the civil service and classification laws (the compensation of any such individual not to exceed $50 per day). Funds made available for the purposes of this section may be allotted for any of the purposes of this section to any department, agency, or independent establishment of the Government, or transferred to any other agency requested to assist in carrying out this section. Funds allotted to any department, agency, or independent establishment of the Government shall be available for obligation and expenditure in accordance with the laws governing obligations and expenditures of the department, agency, or independent establishment, or organizational unit thereof concerned, and without regard to sections 3709 and 3648 of the Revised Statutes, as amended [section 5 of Title 41 and section 529 of Title 31]. (Dec. 30, 1947, ch. 526, § 8, 61 Stat. 947.)

§ 1919. Authorizations for appropriations.-There is authorized to be appropriated such amounts as may be necessary for purposes of carrying out the provisions of this joint resolution [sections 19111919 of this Appendix]. (Dec. 30, 1947, ch. 526, § 9, 61 Stat. 948.)

EXPORT CONTROLS

§ 2021. Congressional findings.-(a) Certain materials continue in short supply at home and abroad so that the quantity of United States