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Approved Code No. 140-Amendment No. 1
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CAULKING COMPOUNDS, AND
CONCRETE FLOOR TREATMENTS
AS APPROVED ON AUGUST 28, 1934
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Approved Code No. 140-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
WATERPROOFING, DAMPPROOFING, CAULKING
COMPOUNDS AND CONCRETE FLOOR TREAT-
MENTS MANUFACTURING INDUSTRY
As Approved on August 28, 1934
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
WATERPROOFING, DAMPPROOFING, CAULKING COMPOUNDS AND CON-
CRETE FLOOR TREATMENTS MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Waterproofing, Damp-
proofing, Caulking Compounds and Concrete Floor Treatments Man-
ufacturing Industry and opportunity to be heard having been af-
forded all interested parties, and any objections filed having been
duly considered, and the annexed report on said amendment, contain-
ing findings with respect, thereto, having been made and directed to
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendment be and it
is hereby approved, and that the previous approval of said Code
is hereby modified to include an approval of said Code in its entirety
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
GEO. L. BERRY,
August 28, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act for an amendment to the Code of Fair Competition for the
Waterproofing, Dampproofing, Caulking Compounds and Concrete
Floor Treatments Manufacturing Industry, submitted by the Code
Authority for the Waterproofing, Dampproofing, Caulking Com-
pounds and Concrete Floor Treatments Manufacturing Industry.
The purpose and effect of the amendment are to authorize the
Code Authority to submit a budget and method of assessment upon
which funds shall be contributed by members of the Industry.
The Deputy Administrator in his final report to me on said
amendment to said Code having found as herein set forth and on
the basis of all the proceedings in this matter:
I find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of the industries, by avoiding undue
restrictions of production (except as may be temporarily required)
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The Amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these reasons, therefore, I have approved this. Amendment.
Huci S. JOHNSON,
AUGUST 28, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE WATERPROOFING, DAMPPROOFING, CAULKING
COMPOUNDS AND CONCRETE FLOOR TREATMENTS
The Code of Fair Competition for the Waterproofing, Damp-
proofing, Caulking Compounds, and Concrete Floor Treatments
Manufacturing Industry shall be amended by deleting Section 4 of
Article VI and substituting therefore the following:
"(a) It being necessary in order to support the administration of
this Code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, the Code
Authority is authorized:
"(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purpose of the Code;
"(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
"(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry, and
to that end, if necessary, to institute legal proceedings therefore in
its own name.
"(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled,to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
"(c) The Code Authority shall neither incur nor pay any obli-
gation substantially in excess of the amount thereof as estimated in
its approved budget, and shall in no event exceed the total amount
contained in the approved budget, except upon approval of the Ad-
ninistrator; and no subsequent budget shall contain any deficiency
item fot expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved."
Approved Code No. 140--Amendment No. 1.
Registry No. 1610-06.
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