Pub. L. 82-9, tit. II, sec. 201

FUNCTIONS UNDER WORLD WAR II RENEGOTIATION ACT.

EnactedYear: 1951Length: 956 wordsOfficial source
SEC. 201. FUNCTIONS UNDER WORLD WAR II RENEGOTIATION ACT. (a) Abolition of War Contracts Price Adjustment Board.—The War Contracts Price Adjustment Board, created by the renegotiation Act, is hereby abolished. (b) Transfer of Functions in General.—All powers, functions, and duties conferred upon the War Contracts Price Adjustment Board by the Renegotiation Act and not otherwise specifically dealt with in this section are transferred to the Renegotiation Board. (c) Amendment of the Renegotiation Act.—Subsection (a) (4) (D) of the Renegotiation Act is amended by inserting at the end thereof the following: “A net renegotiation rebate shall not be repaid unless a claim therefor has been filed with the Board on or before the date of its abolition, or unless a claim shall have been filed with the Administrator of General Services (i) on or before June 30, 1951, or (ii) within ninety days after the making of an agreement or the entry of an order under subsection (c) (1) determining the amount of excessive profits, whichever is later. A claim shall be deemed to have been filed when received by the Board or the Administrator, whether or not accompanied by a statement of the Commissioner of Internal Revenue showing the amortization deduction allowed for the renegotiated year upon the recomputation made pursuant to section 124 (d) of the Internal Revenue Code.” (d) Transfer of Certain Functions.—All powers, functions, and duties conferred upon the War Contracts Price Adjustment Board by subsection (a) (4) (D) of the Renegotiation Act, subject to the amendment thereof by subsection (c) of this section, are hereby transferred to the Administrator of General Services. (e) Functions and Records.—Each Secretary of a Department is authorized and directed to eliminate the excessive profits determined under all existing renegotiation agreements or orders by the methods enumerated in subsection (c) (2) of the Renegotiation Act in respect of all renegotiations conducted by his Department pursuant to delegations from the War Contracts Price Adjustment Board. The several Departments shall retain custody of the renegotiation case files covering renegotiations thus conducted for such time as the Secretary deems necessary for the purposes of this section, and thereafter they shall be made available to the Renegotiation Board for appropriate disposition. The renegotiation records of the War Contracts Price Adjustment Board shall become records of the Renegotiation Board on the effective date of this section. (f) Refunds.—All refunds under subsection (a) (4) (D) of the Renegotiation Act (relating to the recomputation of the amortization deduction), all refunds under the last sentence of subsection (i) (3) of such Act (relating to excess inventories), and all amounts finally adjudged or determined to have been erroneously collected by the United States pursuant to a determination of excessive profits, with interest thereon in the last mentioned case at a rate not to exceed 4 per centum per annum as may be determined by the Administrator of General Services or his duly authorized representative computed to the date of certification to the Treasury Department for payment, shall be certified by the Administrator of General Services or his duly authorized representative to the Treasury Department for payment from such appropriations as may be available therefor: Provided, 65 Stat. 24 That such refunds shall be based solely on the certificate of the Administrator of General Services or his duly authorized representative. (g) Existing Policies, Procedures, Etc., To Remain in Effect.—All policies, procedures, directives, and delegations of authority prescribed or issued (1) by the War Contracts Price Adjustment Board, or (2) by any Secretary or other duly authorized officer of the Government, under the authority of the Renegotiation Act, in effect upon the effective date of this section and not inconsistent herewith, shall remain in full force and effect unless and until superseded, or except as they may be amended, under the authority of this section or any other appropriate authority. All functions, powers, and responsibilities transferred by this section shall be accompanied by the authority to issue appropriate regulations and procedures, or to modify existing procedures, in respect of such powers, functions, and responsibilities. (h) Savings Provision.—This section shall not be construed (1) to prohibit disbursements authorized by the War Contracts Price Adjustment Board and certified pursuant to its authority prior to the effective date of this section, (2) to affect the validity or finality of any agreement or order made or issued pursuant to law by the War contracts Price Adjustment Board or pursuant to delegations of authority from it. or (3) to prejudice or to abate any action taken or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause; but any court having on its docket a case to which the War Contracts Price Adjustment Board is a party, on motion or supplemental petition filed at any time within twelve months after the effective date of this section, showing a necessity for the survival of such suit, action, or other proceeding to obtain a determination of the questions involved, may allow the same to be maintained by or against the United States. (i) Renegotiation Act Not Repealed.—Except as by this Act specifically amended or modified, all provisions of the Renegotiation Act shall remain in full force and effect. (j) Definitions.—The terms which are defined in the Renegotiation Act shall, when used in this section, have the same meaning as when used in the Renegotiation Act, except that where a renegotiation function has been transferred by or pursuant to law the terms “Secretary” or “Secretaries” and “Department” or “Departments” shall be understood to refer to the successors in function to those officers or offices specifically named in the Renegotiation Act. (k) Effective Date of Section.—This section shall take effect sixty days after the date of the enactment of this Act.
Pub. L. 82-9, tit. II, sec. 201: FUNCTIONS UNDER WORLD WAR II RENEGOTIATION ACT. | Justis AI