Chapter 652 - 1st Session

S. 921

AN ACT

To amend section 304 of the Federal Property and Administrative Services Act of 1949 and section 4 of the Armed Services Procurement Act of 1947.

A1 65 Stat. 700.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 304 of the Federal Property and Administrative Services Act of 1949 and 63 Stat. 395; section 4 of the Armed Services Procurement Act of 1947 are hereby 62 Stat. 23. amended by inserting at the end of the above-named sections the 41 U.S.C. following new subsection:

S$ 254, 153. "(c) All contracts negotiated without advertising pursuant to Certain conauthority contained in this Act shall include a clause to the effect that trasts. the Comptroller General of the United States or any of his duly authorized representatives shall until the expiration of three years after final payment have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance of and involving transactions related to such contracts or subcontracts."

To amend section 218 (f) of the Social Security Act with respect to effective dates of agreements entered into with States before January 1, 1954.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That section 218 (f) 64 Stat. 516.

of the Social Security Act, as amended (relating to the effective dates 42 U.S.C.

of voluntary agreements for coverage of State and local employees), § 418. is hereby amended by striking out "January 1, 1953" and inserting

in lieu thereof "January 1, 1954".

Approved June 28, 1952.

To amend section 7a of the Act entitled "An Act to regulate the employment of minors within the District of Columbia", approved May 29, 1928.

D.C.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sen- Employment tence of section 7a of the Act entitled "An Act to regulate the employ- of minors, ment of minors within the District of Columbia", approved May 29, 1928, as amended (D. C. Code, sec. 36-207a), is amended by striking 55 Stat. 863. out "Provided, That such minor is at least fourteen years of age and has completed eight grades of elementary instruction or a course of study deemed by the Board of Education equivalent thereto: And provided further, That such minor shall not appear on said stage in more than two performances in any one day, nor more than three hours in any one day, nor more than six days in any week, nor more

than twelve hours in any week, and shall not appear on said stage 66 Stat, 329. after the hour of 11 postmeridian" and inserting in lieu thereof 66 Stat. 330. "Provided, That such minor is at least seven years of age: Provided further, That such minor shall not appear on said stage in more than two performances in any one day, nor more than eight performances in any one week, and shall not appear on said stage after the hour of 11:30 postmeridian". The second sentence of such section is amended by striking out "at least fourteen days in advance of such appearance" and inserting in lieu thereof "at such time as the Board may require".

Approved July 3, 1952.

To amend the Contract Settlement Act of 1944 and to abolish the Appeal Board of the Office of Contract Settlement.

41 U.S C.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Appeal office of Board established under section 13 (d) of the Contract Settlement Contract Act of 1944 is hereby abolished: Provided, however, That said abolition Settlement. shall not become effective until six months after the enactment of this Appeal Board. Act or such later date, nor more than nine months after the enact- 58 Stat. 660. ment of this Act, as may be fixed by written order of the Director $113. of Contract Settlement published in the Federal Register. Such an order shall be made only in case the Director finds that it is impracticable for the Appeal Board to dispose of its pending business before the date fixed for abolition of the Board by this Act or a previous order of the Director. No such order shall be made less than thirty days prior to the date theretofore fixed for abolition of the Appeal Board.

SEC. 2. (a) Upon the effective date of the abolition of the Appeal Board all appeals and disputes pending therein shall be terminated 66 Stat. 627. without prejudice and the right of the parties to pursue such other 66 Stat. 628. remedies as are provided by law shall not be affected thereby.

(b) In any such terminated appeal, timely initiated in the Appeal Board, where the period for pursuit of any other remedy pursuant to section 13 (b) (2) of the Contract Settlement Act of 1944 shall have expired or would expire within sixty days after the effective date of the abolition of the Appeal Board, the period within which proceedings may be initiated in accordance with the said section shall be extended to sixty days after said effective date.

(c) Effective thirty days after the enactment of this Act no further appeals or submitted disputes shall be accepted for determination by said Appeal Board.

(d) Where an attempt is erroneously made to file an appeal with the Appeal Board after the time limited therefor by section 1 (c) of this Act but prior to the effective date of the abolition of the Appeal Board, said Board shall forthwith return the papers to the person therein named as appellant together with a notice in writing that, pursuant to the terms of section 1 (c) of this Act, it can no longer accept such an appeal. Where such an attempt is made in good faith and the appeal would, except for the provisions of section 1 (c) of this Act, have been timely and the period for pursuit of any other remedy pursuant to section 13 (b) (2) of the Contract Settlement Act of 1944 expires or would expire prior to the expiration of sixty days after the receipt of such notice, the period within which proper proceedings may be initiated in accordance with said section 13 (b) (2) shall be extended to sixty days after the receipt of such notice. Approved July 14, 1952.

1st Session

H. R. 4126

AN ACT

To continue the effectiveness of the Act of December 2, 1942, as amended, and the Act of July 28, 1945, relating to war-risk hazard and detention benefits, until July 1, 1954.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 201 of "War risk" the Act of December 2, 1942 (ch. 668, 56 Stat. 1033), as amended, is benefits. amended by

(a) Deleting the words "the end of the present war" and substituting in lieu thereof "July 1, 1954";

(b) Adding the following new paragraphs at the end thereof:

(c) The term 'enemy' means any nation, government, or force engaged in armed conflict with the Armed Forces of the United States or of any of its allies.

42 USC 1711.

Extension.
Definitions.

"(d) The term 'allies' as used in this Act and as used in the statutory provisions referred to in section 101 (a) (1) of this Act, means any 42 USC 1701. nation, government, or force participating with the United States in any armed conflict.

67 Stat. 134.

66 (e) The terms 'national war effort' and 'war effort' include national 67 Stat. 135. defense; the term 'war effort' as used in the statutory provisions

referred to in section 101 (a) (1) of this Act also includes national

defense.

"(f) The term 'war activities' includes activities directly related to military operations."

SEC. 2. Section 101 (c) of the Act of December 2, 1952 (ch. 668, 56 Repeal. Stat. 1030), as amended, is hereby repealed.

SEC. 3. Section 101 (d) of the Act of December 2, 1942 (ch. 668, 56

Stat. 1030), as amended, is amended by adding before the period at

the end thereof a comma and the following: "or (3) who is not a Noncitizens. citizen of the United States and who suffers an injury, disability, death, or detention by the enemy subsequent to the effective date of this amendment".

SEC. 4. Section 301 of the Act of December 2, 1942 (ch. 668, 56 Stat. 1035), as amended, is amended by adding the following new subsection : 42 USC 1651. "(f) The liability under this Act of a contractor, subcontractor, or subordinate contractor engaged in public work under subparagraphs (1), (2), (3), and (4) subdivision (a) of this section shall not apply with respect to any employee not a citizen of the United States who incurs an injury or death resulting in death subsequent to the effective date of this amendment."

SEC. 5. Section 5 (b) of the Act of July 28, 1945 (ch. 328, 59 Stat. Detention 505), is amended by

benefits.

(a) Inserting after the words "during the present war" the words 5 USC 801. "and until July 1, 1954".

Extension.

(b) Adding at the end thereof the following: "The term 'enemy' "Enemy". as used in this subsection means any nation, government, or force engaged in armed conflict with the Armed Forces of the United States or of any nation, government, or force participating with the United

States in any armed conflict." This subparagraph shall not apply in Noncitizens. the case of a person not a citizen of the United States who suffers disability, or death after capture, detention, or other restraint by an enemy of the United States after the effective date of this amendment. SEC. 6. Sections 1 (a) (13) and 1 (a) (17) of the Emergency Powers Continuation Act (ch. 570, 66 Stat. 332) are repealed. Approved June 30, 1953.

To permit review of decisions of the heads of departments, or their representatives or boards, involving questions arising under Government contracts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no provision Government of any contract entered into by the United States, relating to the contracts. finality or conclusiveness of any decision of the head of any depart- Judicial review. ment or agency or his duly authorized representative or board in a dispute involving a question arising under such contract, shall be pleaded in any suit now filed or to be filed as limiting judicial review of any such decision to cases where fraud by such official or his said representative or board is alleged: Provided, however, That any such decision shall be final and conclusive unless the same is fradulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, or is not supported by substantial evidence.

SEC. 2. No Government contract shall contain a provision making final on a question of law the decision of any administrative official, representative, or board.

Approved May 11, 1954.

Public Law 431 83d Congress
Chapter 403 - 2d Session
H. R. 2566

AN ACT

All 68 Stat. 300.

To amend the Contract Settlement Act of 1944 so as to establish a time limitation upon the filing of certain claims thereunder.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 17 of the Contract Settlement Act of 1944 is hereby amended by adding 58 Stat. 665. at the end of subsection (d) thereof the following: "No person shall 41 USC 117. be entitled to recover compensation, to receive a settlement of any alleged obligation, or to obtain the benefit of any amendment, confirmation, ratification, or formalization of any alleged contract or commitment under the provisions of subsection (a), (b), (c), or (d) of this section, unless such person shall, on or before one hundred and eighty days after the date of enactment of this sentence, have filed a claim therefor with the contracting agency."

SEC. 2. No liability shall accrue by reason of the enactment of Nonliability. the first section of this Act which would not otherwise have accrued. Approved June 28, 1954.

(658)