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1 interest thereon at the rate of 6 per centum per annum for

2 the time it has been withheld. Otherwise, no court shall

3 have jurisdiction to award damages against the United 4 States, its officers, or agents as a result of any delay 5 occasioned by reason of the institution of suit under this

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10 SEC. 201. To assist in carrying out his functions, the 11 Coinptroller General may sign and issue subpenas requir12 ing the production of negotiated contract and subcontract

13 records and records of other non-Federal persons or organi

14 Zations to which he has a right of access by law or

15 agreement.

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SEC. 202. In case of disobedience to a subpena issued

17 under section 201, the Comptroller General may invoke the 18 aid of any district court of the United States in requiring the 19 production of the records involved. Any district court of the 20 United States within whose jurisdiction the contractor, sub21 contractor, or other non-Federal person or organization is

22 found or resides or in which the contractor, subcontractor,

23 or other non-Federal person or organization transacts busi24 ness may, in case of contumacy or refusal to obey a subpena 25 issued by the Comptroller General, issue an order requiring

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1 the contractor, subcontractor, or other non-Federal person 2 or organization to produce the records; and any failure to 3 obey such order of the court shall be punished by the court

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Sec. 301. Section 313 of the Budget and Accounting 9 Act, 1921, as amended, (31 U.S.C. 54), is further amended 10 by adding the following subsections: 11 “(b) If any information, books, documents, papers, or 12 records requested by the Comptroller General from any de13 partment or establishment under subsection (a) as amended, 14 or any other authority, have not been made available to the 15 General Accounting Office within a period of twenty calen16 dar days after the request has been delivered to the office 17 of the head of the department or establishment involved, the 18 Comptroller General is authorized to bring an action in the

19 United States District Court of the District of Columbia

20 against the head of the department or establishment con21 cerned to compel the furnishing of such material. Actions

22 under this subsection shall be governed by the rules of civil

23 procedure to the extent consistent with the provisions of 24 this section. The Attorney General is authorized to represent 25 the defendant official in such actions.".

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TITLE IV-PROFITS STUDY

2 SEC. 401. (a) With respect to contractors having Gov3 ernment contracts, including subcontracts, aggregating 4 $1,000,000 or more in the contractor's most recent fiscal

5 year, the Comptroller General is authorized and directed

6 to conduct studies on a selective basis of all profits made by

7 such contractors on Government and commercial contracts.

8 Such studies shall be made from time to time within the

3 discretion of the Comptroller General but not less frequently

10 than once in each five-year period following enactment of 11 this Act and reports on the results of each study shall be 12 submitted promptly to the Congress. 13 (b) Any contractor referred to in subsection (a) of this 14 section shall, upon the request of the Comptroller General or 15 his authorized representatives, prepare and submit to him

16 such information maintained in the normal course of busi

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ness by such contractors as the Comptroller General deter18 mines necessary or appropriate in conducting any study 19 authorized in subsection (a) of this section. 20

(c) In order to determine the profits referred to in sub21 section (a) of this section, either on a percentage of cost 22 basis, percentage of sales basis, a return on private capital 23 employed basis, or any other pertinent basis, the Comptroller 24 General and his authorized representatives are authorized to 25 audit and inspect and to make copies of any books, ac

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1 counts, or other records which the Comptroller General 2 determines are necessary to permit calculations of the profits

3 of any contractor: Provided, however, That neither the

4 Comptroller General nor any of his employees or agents 5 shall' disclose any information, obtained solely under the 6 authority of this section, on any individual commercial con

7 tract, or on any individual Government contract entered

8 into pursuant to formally advertised competitive bidding, if 9 that information may reveal a contractor's profits, or is 10 certified in writing by the contractor to be of a proprietary

11 nature.

12 (d) As used in this section: 13 (1) The term “contractor" means any individual, firm, 14 corporation, partnership, association, or other legal entity 15 which provides services and materials under direct contracts 16 or under subcontracts with a prime contractor.

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(2) The term “services and materials” means either 18 services or materials or services and materials and includes

19 construction.

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(3) The term "Government contracts” means contracts

21 and other transactions between any department, agency, or

22 instrumentality of the Federal Government and any con

23 tractor.

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(4) The term "commercial contracts” means all con

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1 tracts and commercial transactions other than Government

2 contracts.

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GENERAL PROVISION

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In actions brought under this Act the Comptroller Gen5 eral shall be represented by attorneys employed in the 6 General Accounting Office or by counsel whom he may em7 ploy without regard to the provisions of title 5, United States 8 Code, governing appointments in the competitive service, 9 and the provisions of chapter 51 and subchapters III and VI 10 of chapter 53 of such title relating to classification and Gen11 eral Schedule pay rates. Any action brought under this Act

12 shall be expedited in every way.

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