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TITLE 38-PENSIONS, BONUSES AND VETERANS'

RELIEF

World War II Servicemen's Readjustment Benefits 694e. Secondary loans; amount; regulations; eligibility for farm tenant loans.

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WORLD WAR II SERVICEMEN'S READJUSTMENT BENEFITS

$ 694e. Secondary loans; amount; regulations; eligibility for farm tenant loans.

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(b) Any person who is a veteran eligible for the benefits of this subchapter, as provided in section 694 of this title, and who is found by the Secretary of Agriculture, by reason of his ability and experience, including training as a vocational trainee, to be likely to carry out successfully undertakings required of him under a loan which may be made under sections 1000–1003, 1004–1029 of Title 7, shall be eligible for the benefits of such sections to the same extent as if he were a farm tenant. (June 22, 1945, ch. 268, title III, $ 505, 58 Stat. 293, as amended Dec. 28, 1945, ch. 588, § 8, 59 Stat. 629.)

AMENDMENIS

Act Dec. 28, 1945 amended section generally and among other changes added subsec. (e).

Subsec. (d) added by act Oct. 6, 1945.

Effective date of 1945 amendment; Loans under prior provisions. Section 510 of act June 22, 1944, as amended by Section 8 of Art Dec. 28, 1945, provided : “This title, as amended (subchapter), shall be effective from the date of enactment (June 22, 1944): Provided, That any application for guaranty of a loan filed within ninety days after such date (June 22, 1944) may be approved under the title (su cer) as it existed prior to amendment: And provided further, That nothing herein shall be construed to affect any contractual right under any certificate of guaranty issued thereunder."

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TITLE 40—PUBLIC BUILDINGS, PROPERTY AND WORKS

Acquisition of Sites for and Construction of Public Buildings

Sec.

351. Limitation on funds of wholly owned Government corporations for construc

tion, etc., of office buildings in Washington, D. C. for use of government.

Resettlement or Rural-Rehabilitation Projects 435. Reports to Congress on liquidation of rural rehabilitation projects. 436. Liquidation of projects by Secretary of Agriculture; preferential distribution

of land. 437. Sales to veterans and present occupants. 438. Appropriations for disposal of lands; limitation on improvements. 439. Conveyance of title by Government. ACQUISITION OF SITES FOR AND CONSTRUCTION OF PUBLIC

BUILDINGS

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$ 351. Limitation on funds of wholly owned Government corportations for construction, etc., of office buildings in Washington, D. C., for use of the Government.-No part of any funds of any wholly owned Government corporation shall be used for the purchase or construction, or in making loans for the purchase or construction of any office building at the seat of government primarily for occupany by any department or agency of the United States Government or by any corporation owned by the United States Government. (July 20, 1916, ch. 589, Title III, $ 302, 60 Stat. 595.)

Wholly owned Government corporation, definition of, see section S46 of Title 31, Money and Finance.

EMERGENCY PUBLIC WORKS AND CONSTRUCTION PROJECTS

RESETTLEMENT OR RURAL-REHABILITATION PROJECTS

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§ 435. Reports to Congress on liquidation of rural rehabilitation projects. The Secretary of Agriculture shall transmit to the Congress semiannually a progress report with respect to the liquidation of Federal rural rehabilitation projects, under his supervision, showing by name and by States all dispositions of such projects, or parts thereof, together with the amounts of Federal funds expended in the process of liquidation, and any losses incurred in the use of such funds. (July 12, 1943, ch. 213, § 1, 51 Stat. 425; June 28, 1944, ch. 296, § 1, 58 Stat: 456; May 5, 1945, ch. 109, $ 1,59 Stat. 160; June 22, 1946, ch. 445, § 1,60 Stat. 292.)

Act June 22, 1946, cited to text amended section by transferring the duties of the War Food Administrator under this section to the Secretary of Agriculture.

§ 436. Liquidation of projects by Secretary of Agriculture; preferential distribution of land.-Notwithstanding any other provision of law, the Secretary of Agriculture, in order to assure the

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maximum preferential disposition for a period not to exceed three years from July 30, 1946, to veterans of the present war and present project occupants to whom previous commitments to purchase have been made, is authorized and directed to dispose of lands described in sections 436-439 of this title as expeditiously as possible and within such three-year period such of the lands (improved and unimproved) comprising or incident to those resettlement projects and rural rehibilitation projects for resettlement purposes, and other like enterprises initiated prior to July 30, 1946 for similar purposes and financed, in whole or in part, with funds made available to the Secretary, War Food Administrator, Farm Security Administration, Resettlement Administration, or Federal Emergency Relief Administration, as he determines are suitable for ultimate disposition in economic farm units. Nothing contained in sections 436-439 of this title shall be deemed to authorize retardation of the expeditious liquidation of such lands and all other lands or property comprising such projects insofar as is deemed practicable by the Secretary consistent with the purpose of such sections. (July 30, 1946, ch.698, § 1, 60 Stat. 711.)

§ 437. Sales to veterans and present occupants.- The Secretary, during the period specified in section 436 of this title, shall sell or cause to be sold, units not to exceed six hundred and forty acres in any one sale, those of such lands as are suitable for disposition in economic farm units at the earning capacity value as determined by him and otherwise on such terms as he may deem advisable, to veterans, as defined in sections 1611–1646 of Appendix to Title 50, and present project occupants to whom previous commitments to purchase have been made or who have existing contracts to purchase and who meet the requirements of eligibility specified in sections 1001-1006 of Title 7, as amended. (July 30, 1946, ch. 698, § 2, 60 Stat. 711.)

§ 438. Appropriations for disposal of lands; limitation on improvements.—There is authorized to be appropriated such amounts as may be necessary to carry out the purposes of sections 436–439 of this title, including and making betterments and improvements deemed necessary to accomplish the purposes of such sections: Provided, That no expenditures shall be made for improvements on any farm unit in excess of one-third of the earning capacity value. (July 30, 1946, ch. 698, $ 3, 60 Stat. 711.)

$ 439. Conveyance of title by Government.--Any conveyance by the Government of title to land under sections 436-439 of this title shall convey all of the right, title, and interest of the Government in and to such land, including all mineral rights. (July 30, 1946, ch. . 698, § 4, 60 Stat. 712.)

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TITLE 41-PUBLIC CONTRACTS

General Provisions

Sec. 5.

Advertisements for proposals for purchases and contracts for supplies or

services for Government departments; application to Government sales and contracts to sell.

Termination of War Contracts

106. Basis for settlement of termination claims.

GENERAL PROVISIONS

$5. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell.—Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Government may be made or entered into only after advertising a sufficient time previously for proposals, except (1) when the amount involved in any one case does not exceed $100, (2) when the public exigencies require the immediate delivery of the articles of performance of the service, (3) when only one source of supply is available and the Government purchasing or contracting officer shall so certify, or (4) when the services are required to be performed by the contractor in person and are (A) of a technical and professional nature or (B) under Government supervision and paid for on a time basis. Except (1) as authorized by section 1638 of Appendix to Title 50, (2) when otherwise authorized by law, or (3) when the reasonable value involved in any one case does not exceed $100, sales and contracts of sale by the Government shall be governed by the requirements of this section for advertising. (As amended Aug. 2, 1946, ch. 744, 59, 60 Stat. 809.)

Act Aug. 2, 1946, cited to text, among other changes, inserted clauses (1), (3) and (4), and made section applicable to sales and contracts of sale by the government, except in certain cases.

Application to government corporations.—Section 9 (c) of act Aug. 2, 1946, cited to text, provided : “In the case of wholly owned Government corporations, this section (section 5 of this title] shall apply to their administrative transactions only.”

Repeal of exemptions.-Section 9 (b) of act Aug. 2, 1946, cited to text, provided : “Exemptions from section 3709, Revised Statutes [this section), in other law in amounts of $100 or less are hereby repealed.”

TERMINATION OF WAR CONTRACTS

$ 106. Basis for settlement of termination claims.—Priority to private contractors.-(a) It is the policy of the Government, and it shall be the responsibility of the contracting agencies and the Director, to provide war contractors with speedy and fair compensation for the termination of any war contract, in accordance with and subject to the provisions of this chapter, giving priority to contractors whose facilities are privately owned or privately operated. Such fair compensation for the termination of subcontracts shall be based on the same principles as compensation for the termination of prime contracts.

(b) Establishment of methods and standards.Each contracting agency shall establish methods and standards, suitable to the conditions of various war contractors, for determining fair compensation for the termination of war contracts on the basis of actual, standard, average, or estimated costs, or of a percentage of the contract price based on the estimated percentage of completion of work under the terminated contract, or on any other equitable basis, as it deems appropriate. To the extent that such methods and standards require accounting, they shall be adapted, so far as practicable, to the accounting systems used by war contractors, if consistent with recognized commercial accounting practice.

(c) Conclusiveness of settlement.-Any contracting agency may settle all or any part of any termination claim under any war contract by agreement with the war contractor, or by determination of the amount due on the claim or part thereof without such agreement, or by any combination of these methods. Where any such settlement is made by agreement, the settlement shall be final and conclusive, except (1) to the extent otherwise agreed in the settlement; (2) for fraud; (3) upon renegotiation to eliminate excessive profits under section 1191 of Appendix to Title 50, unless exempt or exempted under such section; or (4) by mutual agreement before or after payment. Where any such settlement is made by determination without agreement, it shall likewise be final and conclusive, subject to the same exceptions as if made by agreement, unless the war contractor appeals or brings suit in accordance with section 113 of this title: Provided, That no settlement agreement hereunder involving payment to a war contractor of an amount in excess of $50,000 (or such lesser amount as the Director may from time to time determine) shall become binding upon the Government until the agreement has been reviewed and approved by a settlement review board of three or more members established by the contracting agency in the bureau, division, regional or district office, or other unit of the contracting agency authorized to make such settlement, or in the event of disapproval by the settlement review board, unless approved by the head of such bureau, division, regional or district office, or other unit. Failure of the settlement review board to act upon any settlement within thirty days after its submission to the board shall operate as approval by the board. The sole function of settlement review boards shall be to determine the over-all reasonableness of proposed settlement agreements from the point of view of protecting the interests of the Government. In determining, for purposes of this subsection, whether review of any settlement agreement is required because of the amounts involved, no deduction shall be made on account of credits for property chargeable to the Government or for advance or partial payments, but amounts payable under such settlement agreement for completed articles or work at the contract price and for the discharge of the termination claims of subcontractors shall be deducted.

(d) Allowable costs.-Except as hereinafter provided, the methods and standards established under subsection (b) of this section

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