Page images
PDF
EPUB

69

MORATORIUM OF CONSTRUCTION CHARGES FOR 1934

An act to further extend the operation of the act entitled "An act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law" approved April 1, 1932. (Act of Mar. 27, 1934, 48 Stat. 500)

SEC. 1. [Construction charges for 1934 suspended; drainage deferred Uncompahgre project and water-right charges deferred on Grand Valley project. That the Secretary of the Interior is authorized and directed to extend such provisions of the Act entitled “An Act for the temporary relief of water users on reclamation projects constructed and operated under the reclamation law", approved April 1, 1932 (47 Stat. 75), as extended by the act of March 3, 1933 (47 Stat. 1427), as relate to the deferment of payment of certain waterrights charges for the years 1931, 1932, and 1933, in like manner to all similar charges coming due for the year 1934. The Secretary of the Interior is further authorized, upon the acceptance by the Uncompahgre Valley Water Users Association of the moratorium act of April 1, 1932, and its amendments, including this act, to enter into a contract with the association deferring the initiation of its drainage construction program until January 1, 1936, and permitting the completion of said drainage program during the years 1936 to 1941, both inclusive, under the conditions set out in the act of January 31, 1931 (46 Stat. 1974) as herein modified, and to extend such provisions of such section 3 as relate to certain water-rights charges on the Grand Valley reclamation project in like manner to all similar charges coming due for the year 1934.

SEC. 2. [Interest same as prescribed in act of March 3, 1933.]— Interest on the charges for which the time of payment is extended pursuant to this act shall be payable at the same rate and under the same conditions as those prescribed in such act of March 3, 1933, with respect to the charges for the years 1931, 1932, and 1933.

NOTE

Deferred payments may again be deferred.-In decision of August 1, 1934, the Solicitor of the Department held that when the last construction charge instalment originally fell due in 1933 and the payment was postponed by the acts of April 1, 1932, and March 3, 1933 to 1934, the payment of the postponed charge was deferred until 1935 by the subsequent act of March 27, 1934.

70

RELIEF OF WALLACE E. ORDWAY

An act for the relief of Wallace E. Ordway. (Act of May 28, 1934, 48 Stat. 1364)

[Payment of $4,000 from Treasury funds authorized.]-That the Secretary of the Treasury is authorized and directed to pay, out of any money not otherwise appropriated, the sum of $4,000 to Wallace E. Ordway, of Klamath Falls, Oregon, as administrator. Such sum represents compensation to Wallace E. Ordway in his personal right and as administrator for the death of his son, Harry Ordway, who was drowned September 1, 1927, in the United States Irrigation Canal at Klamath Falls, Oregon: Provided, That no part of the amount appropriated in this act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this act in excess of 10 per centum thereof on account of services rendered in connection with said claim, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

71

COMPENSATION OF LABOR ON PUBLIC WORKS

An act to effectuate the purpose of certain statutes concerning rates of pay for labor, by making it unlawful to prevent anyone from receiving the compensation contracted for thereunder, and for other purposes. (Act June 13, 1934, 48 Stat. 948)

[Unlawful to prevent anyone receiving rates of pay, as contractedpenalty. That whoever shall induce any person employed in the construction, prosecution, or completion of any public building or work financed in whole or in part by loans or grants from the United States, or in the repair thereof to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever, shall be fined not more than $5,000, or imprisoned not more than five years, or both.

SEC. 2. [Regulations to aid in enforcement-Weekly affidavit as to wages.]-To aid in the enforcement of the above section, the Secretary of the Treasury and the Secretary of the Interior jointly shall make reasonable regulations for contractors or subcontractors on any such building or work, including a provision that each contractor and subcontractor shall furnish weekly a sworn affidavit with respect to the wages paid each employee during the preceding week.

NOTES

Joint regulations by the Secretaries of the Treasury and Interior dated January 8, 1935, effective as to contracts made subsequent to January 15, 1935.

Section 1 of the act of June 13, 1934, is applicable from the date of approval of the act to contracts executed before or subsequent to the enactment of the law. Joint regulations of the Secretaries of the Treasury and Interior, January 8, 1935, are effective as to contracts made subsequent to January 15, 1935. Letter of Secretary, April 3, 1935, to Secretary of the Treasury. Also G. Ó. 764.

72

PROVIDING RELIEF FOR GOVERNMENT CONTRACTORS WHOSE COSTS WERE INCREASED AS A RESULT OF ACT OF JUNE 16, 1933

An act to provide relief to Government contractors whose costs of performance were increased as a result of compliance with the act approved June 16, 1933, and for other purposes. (Act of June 16, 1934, 48 Stat. 974)

SEC. 1. [Contractor to file claim with Department of increased costs due to code compliance; claim to be transmitted to General Accounting Office.] That the Comptroller General of the United States be, and he is hereby, authorized and directed to adjust and settle on a fair and equitable basis claims of persons who entered into a contract or contracts with the United States prior to August 10, 1933, including subcontractors and materialmen performing work or furnishing material or necessary fuel direct to the contractor under such contracts, for additional costs incurred by reason of compliance on and after August 10, 1933, with a code or codes of fair competition approved by the President under section 3 of the act approved June 16, 1933, known as the "National Industrial Recovery Act", or by reason of compliance with an agreement with the President executed under section 4 (a) of said act in the performance after August 10, 1933, of the contract or any part thereof. In the event that such contract was performed wholly or in part by a surety on the bond of the contractor, the claim may be presented by and settlement made with such surety, but such surety shall have no greater rights than would have accrued to the contractor had such contractor completed the contract. Any contractor, subcontractor, or completing surety desiring an adjustment and settlement with respect to any such contract under this act for increased costs incurred after August 10, 1933, by reason of compliance with the codes or reemployment agreements shall file with the Department or administrative establishment concerned a verified claim itemizing such additional costs, and any subcontractor on any such contract may file his claim directly with the head of the Department or independent establishment concerned or through the contractor. After the claim has been examined by the head of the department or independent establishment concerned, or such person or persons as he shall designate, the claim shall be transmitted to the Comptroller General of the United States, accompanied with an administrative finding of fact and recommendation with respect to the claim.

SEC. 2. [Allowance not to exceed increased cost.]-In no event shall any allowance exceed the amount by which the cost of performance of such part of the contract as was performed subsequently to August 10, 1933, was directly increased by reason of compliance with a code or codes of fair competition, or with an agreement with the President, as aforesaid.

SEC. 3. [Allowance not to exceed 7 percent of cost under contract. Department, subject to approval of Comptroller General to determine cost and profit.]-In no event shall any allowance be made which

73

would result 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.

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.

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. Comptroller General's decisions, A-54011 and A-59433, April 24, 1935.

« PreviousContinue »