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RELIEF FOR GOVERNMENT CONTRACTORS

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sult in a profit to the claimant exceeding 7 per centum on the cost of performance of the contract in respect of which the claim is made. The head of the department or establishment concerned, subject to the approval of the Comptroller General, shall have the authority, from time to time, to determine the actual cost and profit thereon.

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SEC. 4. [Claim to be presented within 6 months.]-No claim hereunder shall be considered or allowed unless presented within six months from the date of approval of this act or, at the option of the claimant, within six months after completion of the contract, except in the discretion of the Comptroller General for good cause shown by the claimant.

SEC. 5. [Appropriations authorized.]—Appropriations for the purpose of paying claims allowed hereunder and the expenses of determining the claims are hereby authorized.

SEC. 6. [Witnesses may be compelled to testify. United States officers may be prosecuted for fraud.]-In all proceedings under this act witnesses may be compelled to attend, appear, and testify and produce books, papers, and letters, or other documents; and the claim that any such testimony or evidence may tend to incriminate the person giving the same shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person in the trial of any criminal proceeding. Nothing in this act shall in any way relieve or excuse any officer of the United States or any claimant from prosecution under any statute of the United States for any fraud or criminal conduct. (48 Stat. 975.)

NOTES

Sub-subcontractors and others, whose agreements were not with the contractor performing work or delivering supplies under a contract between the United States and such contractor, did not perform work or furnish material direct to the contractor, and the claims of such third parties may not be considered under the Act of June 16, 1934. (Comptroller General's decisions, A-50769, A-54011, July 24, 1934.)

Claims for increased costs caused by Code compliance. Time limitation on.The date of record in the administrative office when the work under a Government contract was finally inspected and accepted as complying with the terms of the contract is the date from which commences the 6-months' period fixed in section 4 of the act of June 16, 1934, 48 Stat. 975, during which the contractor or subcontractor may exercise the option to submit a claim under the terms of said statute for increased costs caused by compliance on and after August 10, 1933, with codes of fair competition. (Decision of Comptroller General A-54011, December 13, 1934.)

The administrative office must verify the material facts and transmit the claim to the General Accounting Office accompanied with an administrative finding of fact and a recommendation. (Comptroller General's decision, A-59433, January 30, 1935.)

In claims for relief under the act of June 16, 1934, contractors must present evidence of costs of performance under the entire contract in addition to the claimed increased cost of performance after August 10, 1933. Such administrative examination to be made as will enable the administrative findings of facts and recommendations to be based on facts.

No claim except for the amount of cost increase due directly to compliance with the applicable approved code or the President's reemployment agreement may be allowed.

Relief claims presented after the 6 months' limitation should be submitted to the General Accounting Office prior to administrative examination. (Comp troller General's decisions, A-54011 and A-59433, April 24, 1935.)

KING HILL IRRIGATION DISTRICT AGREEMENTS RESCINDED

An act to convey to the King Hill irrigation district, State of Idaho, all the interest of the United States in the King Hill Federal Reclamation Project, and for other purposes. (Act of June 18, 1934, c. 571, 48 Stat. 980)

[SEC. 1. Rescinding agreements with King Hill irrigation district.]— That the Secretary of the Interior is hereby authorized to enter into a contract with the King Hill irrigation district, organized under the laws of the State of Idaho, by which said district and the United States shall rescind the agreements between them of March 2, 1926, November 14, 1923, January 11, 1922, June 17, 1920, and December 17, 1917, each party in such rescissory agreement to release the other from all obligations, accrued or to accrue, under the said five agreements, and the United States as a part of said rescissory agreement to quitclaim to the said district all the right, title, interest, and estate of the United States in or to said King Hill Reclamation project, including the water rights thereof and any real estate acquired or held by the United States in connection therewith.

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SPECIAL PROVISIONS OF THE DEFICIENCY ACT, FISCAL YEAR

1934

[Extracts from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1934, and prior fiscal years, to provide supplemental general and emergency appropriations for the fiscal years ending June 30. 1934. and June 30, 1935, and for other purposes. (Act of June 19, 1934, 48 Stat. 1021)

BUREAU OF RECLAMATION

Refund of construction charges: For refund of construction charges heretofore paid on permanently unproductive land designated "Farm Unit F", in section 32, township 21 north, range 1 west, Sun River project in Montana, and excluded from said project in accordance with sections 42 and 44 of the act approved May 25, 1926 (44 Stat. 636), $335.40, payab'e from the reclamation fund.

North Platte project, Nebraska-Wyoming: Not to exceed $6,000 from power revenues allocated to the Northport Irrigation District under subsection I, section 4, of the act of December 5, 1924 (43 Stat. 703), shall be available during the fiscal year 1935 for payment on behalf of the Northport Irrigation District, to the Farmers' irrigation district for carriage of water for the Northport district under contract of August 10, 1915, between the United States and the Farmers' irrigation district. (48 Stat. 1034.)

TITLE II-EMERGENCY APPROPRIATIONS

[Extract from] The Emergency Appropriation Act, fiscal year 1935. (Act of June 19, 1934, 48 Stat. 1055)

EXECUTIVE

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For an additional amount for carrying out the purposes of the act entitled * * the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 195) * $899,675,000, to be allocated by the President to remain available until June 30, 1935: Provided, That not exceeding $500,000,000 in funds of the Reconstruction Finance Corporation may, in the discretion of the President, be transferred and applied to the purposes of Title II of the National Industrial Recovery Act, and any unobligated balances in appropriations (including allocations of appropriations) of the Federal Emergency Administration of Public Works may, in the discretion of the President, be transferred and applied to the purposes of such Federal Emergency Relief Act of 1933: Provided further, That the amounts to be made available under the authority of this paragraph for public works under the National Industrial Recovery Act shall not exceed in the aggregate $500,000,000.

88508-37-36

553

MONTANA AND WYOMING COMPACT AMENDED

An act to amend an act approved June 14, 1932 (47 Stat. 306), entitled “An act granting the consent of Congress to the States of Montana and Wyoming to negotiate and enter into a compact or agreement for division of the waters of the Yellowstone River." (Act of June 19, 1934, c. 669, 48 Stat. 1124)

[SEC. 1. Excepting Yellowstone National Park waters and lands from provisions of act of June 14, 1932.]-That the act approved June 14, 1932 (47 Stat. 306) entitled "An act granting the consent of Congress to the States of Montana and Wyoming to negotiate and enter into a compact or agreement for division of the waters of the Yellowstone River", is hereby amended by adding the following thereto: "Provided further, That nothing in this act shall apply to any waters within the Yellowstone National Park or shall establish any right or interest in or to any lands within the boundaries thereof."

554

PERMANENT APPROPRIATION REPEAL ACT, 1934

An act providing that permanent appropriations be subject to annual consideration and appropriation by Congress, and for other purposes. (Act of June 26, 1934, c. 756, 48 Stat. 1224)

SEC. 4. (a) Effective July 1, 1935, all receipts of the character theretofore credited to the appropriation accounts appearing on the books of the Government and listed in subsection (b) of this section shall be deposited into the Treasury as miscellaneous receipts, and amounts equal thereto are authorized to be appropriated annually from the general fund of the Treasury for the same purposes for which such receipts are now appropriated. Appropriations to which expenditures under such accounts have been chargeable theretofore are hereby repealed, effective on such date: Provided, That if the total of receipts for any one fiscal year for any of the foregoing purposes under this authority is greater than the amounts appropriated for such purpose, such excess is authorized to be appropriated for the following fiscal year.

(b)

(25) Yuma Auxiliary Irrigation Project, Arizona (4s507). 48 Stat. 1228.)

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