50 U.S.C.
United States Code, 2011 Edition
Title 50 - WAR AND NATIONAL DEFENSE
TITLE 50 - APPENDIX-WAR AND NATIONAL DEFENSE
WAR AND DEFENSE CONTRACT ACTS
From the U.S. Government Printing Office, www.gpo.gov

WAR AND DEFENSE CONTRACT ACTS

ACT JUNE 28, 1940

ACT JUNE 28, 1940, CH. 440, 54 STAT. 676

§§1151, 1152. Omitted

Codification

Section 1151, act June 28, 1940, ch. 440, title I, §1, 54 Stat. 676, which related to advance and partial payments on defense contracts and liens on payments, terminated on June 30, 1942 pursuant to the provisions of section 1162 of this Appendix. A provision of this section concerning reports to Congress was repealed by act Aug. 7, 1946, ch. 770, §1(25), 60 Stat. 868. Advance payments on government contracts are covered by chapter 45 of Title 41, Public Contracts, and sections 1431 to 1435 of Title 50, War and National Defense.

Section 1152, acts June 28, 1940, ch. 440, title I, §2, 54 Stat. 676; Sept. 9, 1940, ch. 717, title II, §201, 54 Stat. 875; May 31, 1941, ch. 157, 55 Stat. 236; Mar. 27, 1942, ch. 199, title III, §301, 56 Stat. 177; Dec. 20, 1944, ch. 614, 58 Stat. 827; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7817, 60 Stat. 1352; Aug. 7, 1946, ch. 770, §1(26), (31), 60 Stat. 868, was omitted as terminated. Subsec. (a) of this section, which related to the powers, duties, and discretion of the President to contract for the acquisition, construction, and repair of naval vessels, aircraft, and equipment, was omitted pursuant to the provisions of section 645 of this Appendix. See Continuation of Import Controls note set out below. Subsec. (b) of this section, which required contracts for naval vessels under section 496 of former Title 34, Navy, to contain limitations on excess profits, terminated on June 30, 1942, pursuant to the provisions of section 1162 of this Appendix.

Pub. L. 91–452, title II, §249, Oct. 15, 1970, 84 Stat. 931, purported to amend subsec. (a)(4) of section 1152, by striking out provisions which related to immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination, subsequent to termination of subsec. (a)(4).

Continuation of Import Controls Over Fats and Oils and Rice and Rice Products Until August 1, 1951

Act June 30, 1950, ch. 426, 64 Stat. 308, as amended June 30, 1951, ch. 198, §3, 65 Stat. 111, continued Title III of the Second War Powers Act, 1942, as amended [this section] until Aug. 1, 1951, for the purpose of authorizing and exercising, administering, and enforcing of import controls with respect to fats and oils (including oil-bearing materials, fatty acids, butter, soap and soap powder, but excluding petroleum and petroleum products and coconuts and coconut products) and rice and rice products, upon a determination by the President that such controls are (a) essential to the acquisition or distribution of products in world short supply or (b) essential to the orderly liquidation of temporary surpluses of stocks owned or controlled by the Government.

Similar provisions continuing the controls until July 1, 1950, were contained in act July 1, 1949, ch. 292, 63 Stat. 405.

Executive Order No. 9729

Ex. Ord. No. 9729, May 23, 1946, 11 F.R. 5641, related to the functions and duties of the Office of Defense Transportation, which was terminated by Ex. Ord. No. 10065, July 6, 1949, eff. July 1, 1949, 14 F.R. 3719.

§§1153 to 1162. Omitted

Codification

Sections 1153, 1154, and 1156 to 1162 terminated June 30, 1942, and section 1155 terminated Apr. 30, 1943, pursuant to the provisions of section 1162 of this Appendix.

Section 1153, act June 28, 1940, ch. 440, title I, §3, 54 Stat. 677, limited the provisions of section 496 of former Title 34, Navy, to contracts exceeding $25,000.

Section 1154, act June 28, 1940, ch. 440, title I, §4, 54 Stat. 677, provided for certification as to necessity and cost of special additional equipment and facilities acquired to facilitate construction of aircraft or naval vessels under section 496 of former Title 34. A provision of this section concerning reports to Congress was repealed by act Aug. 7, 1946, ch. 770, §1(27), 60 Stat. 868.

Section 1155, act June 28, 1940, ch. 440, title I, §5, 54 Stat. 678, related to working hours and overtime compensation of Navy, Coast Guard, and Army employees. Act July 3, 1942, ch. 482, 56 Stat. 645, as amended Oct. 2, 1942, ch. 577, 56 Stat. 765; Dec. 22, 1942, ch. 798, 56 Stat. 1068, extended from June 30, 1942, to and including Apr. 30, 1943, the provisions for the payment of overtime rates of compensation contained in sections 1151 to 1162.

Section 1156, act June 28, 1940, ch. 440, title I, §6, 54 Stat. 679; Aug. 21, 1941, ch. 385, 55 Stat. 654, related to reemployment of retired employees and to summary removal of civil service employees of the War and Navy Departments and the Coast Guard for national security reasons. Act Aug. 21, 1941, ch. 385, 55 Stat. 654, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 651.

Section 1157, act June 28, 1940, ch. 440, title I, §7, 54 Stat. 679, added a temporary section 8 to act Mar. 14, 1936, ch. 140, 49 Stat. 1161, providing for vacation pay in lieu of vacation for Navy and Coast Guard employees. The act of Mar. 14, 1936, was repealed by act Oct. 30, 1951, ch. 631, title II, §207(a)(1), 65 Stat. 682. For accumulation of annual leave, see section 6301 et seq. of Title 5, Government Organization and Employees.

Section 1158, acts June 28, 1940, ch. 440, title I, §8, 54 Stat. 680; Sept. 16, 1940, ch. 720, §9, 54 Stat. 892, increased the limit of cost of vessels under section 498c–1 of former Title 34, Navy, and other statutes, suspended limitations on payments to certain Navy Department employees, and authorized the Secretary of the Navy to employ additional personnel and to provide and operate the necessary buildings, facilities, utilities, and appurtenances thereto for the purposes of sections 1151 to 1162 of this Appendix. The latter provision is covered by section 1201 of this Appendix. Act Aug. 21, 1941, ch. 395, 55 Stat. 664, made the provisions of section 1158 applicable to naval public-works projects authorized by that act and all prior acts. A provision of this section concerning reports to Congress was repealed by act Aug. 7, 1946, ch. 770, §1(28), 60 Stat. 868.

Section 1159, act June 28, 1940, ch. 440, title I, §9, 54 Stat. 680, authorized modification of existing Navy and Coast Guard contracts to expedite defense.

Section 1160, act June 28, 1940, ch. 440, title I, §10, 54 Stat. 680, related to approval of certain Naval public-works contracts under act April 25, 1939, ch. 87, §4, 53 Stat. 590.

Section 1161, act June 28, 1940, ch. 440, title I, §11, 54 Stat. 680, related to employment of aliens in performance of secret, confidential, or restricted Government contracts.

Section 1162, act June 28, 1940, ch. 440, title I, §12, 54 Stat. 681, provided that sections 1151 to 1161 of this Appendix terminate June 30, 1942, unless Congress otherwise provided, was omitted from the Code as terminated.

ACT JULY 2, 1940, CH. 508, 54 STAT. 712

§§1171, 1172. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 1171, acts July 2, 1940, ch. 508, §1, 54 Stat. 712; Sept. 9, 1940, ch. 717, title I, §103, 54 Stat. 875; June 5, 1942, ch. 340, §13, 56 Stat. 317, related to contracts for Army defense facilities, construction of facilities, acquisition of military equipment munitions, and supplies, suspension of limitations on costs, operation and maintenance of facilities, and disposal of land and facilities.

Section 1172, act July 2, 1940, ch. 508, §5, 54 Stat. 714, related to contracts for emergencies affecting national defense; limitation of amount; report of expenditures; compliance with statutory conditions for contracts.

ACT JULY 17, 1953, CH. 221, 67 STAT. 177

§§1173 to 1175. Omitted

Codification

Sections 1173 to 1175 were omitted pursuant to act June 21, 1956, ch. 420, 70 Stat. 325, which provided that sections 1173 to 1175 of this Appendix remain in effect until six months after the national emergency proclaimed by the President on Dec. 16, 1950, or until such date as specified by a concurrent resolution of the Congress or until July 1, 1957, whichever was earliest.

Section 1173, acts July 17, 1953, ch. 221, §1, 67 Stat. 177; July 26, 1954, ch. 570, §2, 68 Stat. 531, related to construction authority for the Armed Forces.

Section 1174, act July 17, 1953, ch. 221, §2, 67 Stat. 178, related to activity reports by the Secretary of Defense.

Section 1175, act July 17, 1953, ch. 221, §3, 67 Stat. 178, prohibited construction of section 1173 to 1175 of this Appendix as a repeal or modification of section 555 of former Title 40, Public Buildings, Property, and Works.

ACT JULY 11, 1941, CH. 290, §3, 55 STAT. 585

§1181. Repealed. July 25, 1947, ch. 327, §1, 61 Stat. 449

Section, act July 11, 1941, ch. 290, §3, 55 Stat. 585, authorized the Secretary of the Treasury to negotiate contracts for Coast Guard vessels, aircraft and equipment on the basis provided by section 1152(a) of this Appendix.

ACT APR. 28, 1942, CH. 247, TITLE IV, §403, 56 STAT. 245

§1191. Omitted

Codification

Section, acts Apr. 28, 1942, ch. 247, title IV, §403, 56 Stat. 245; Oct. 21, 1942, ch. 619, title VIII, §801(a)–(c), 56 Stat. 982; July 1, 1943, ch. 185, §1, 57 Stat. 347, 348; July 14, 1943, ch. 239, §§1–4, 57 Stat. 564; Feb. 25, 1944, ch. 63, title VII, §701(b), 58 Stat. 78; June 30, 1945, ch. 210, §1, 59 Stat. 294; June 14, 1947, ch. 105, 61 Stat. 133; June 28, 1949, ch. 268, §2(a), 63 Stat. 280; Mar. 23, 1951, ch. 15, title II, §201(a)–(d), 65 Stat. 23; Oct. 20, 1951, ch. 521, title VI, §617, 65 Stat. 569; July 17, 1952, ch. 924, §2, 66 Stat. 753, which provided that this section be cited as the Renegotiation Act and which related to the renegotiation of contracts and determination and recovery of excess profits, was omitted in view of the application of the provisions of this section to profits derived from contracts determined under regulations prescribed by the Board (meaning the War Contracts Price Adjustment Board, prior to its abolition sixty days after Mar. 23, 1951, by section 201(a) and (k) of act Mar. 23, 1951, and thereafter the Renegotiation Board) to be reasonably allocable to performance prior to the close of Dec. 31, 1945, and the termination of the Renegotiation Board and transfer of all property, including records, of the Renegotiation Board to the Administrator, General Services Administration, on Mar. 31, 1979, pursuant to Pub. L. 95–431, title V, §501, Oct. 10, 1978, 92 Stat. 1043.

Terms Used

Act Feb. 25, 1944, ch. 63, title VII, §701(a), 58 Stat. 78, which provided that terms used in section 701 of act Feb. 25, 1944, have same meaning as when used in this section.

ACT FEB. 25, 1944, CH. 63, TITLE VIII, §801, 58 STAT. 92

§1192. Omitted

Codification

Section, act Feb. 25, 1944, ch. 63, title VIII, §801, 58 Stat. 92, which related to repricing of war contracts, terminated on Dec. 31, 1945 under the provisions of section 802(b) of act Feb. 25, 1944.

ACT MAY 21, 1948, CH. 333, §3, 62 STAT. 259

§1193. Omitted

Codification

Section, acts May 21, 1948, ch. 333, §3, 62 Stat. 259; Aug. 10, 1949, ch. 412, §12(a), 63 Stat. 591, provided that this section be cited as the Renegotiation Act of 1948 and related to renegotiation of airplane contracts, authorizing the Secretary of Defense, by utilizing provisions of the Renegotiation Act, section 1191 of this title, to renegotiate contracts for the purpose of eliminating excess profits.

Department of Defense Procurement Contracts for Fiscal Year 1950 Subject to This Section

Act Oct. 29, 1949, ch. 787, §622(a), 63 Stat. 1021, which provided that all negotiated contracts for procurement in excess of $1,000 entered into during the fiscal year 1950 by or on behalf of the Department of Defense, including the Department of the Army, Department of the Navy, and Department of the Air Force, and all subcontracts thereunder in excess of $1,000, are made subject to this section in the same manner and to the same extent as if such contracts and subcontracts were required by this section to contain the renegotiation article prescribed in subsec. (a) of this section.

ACT DEC. 17, 1942, CH. 739, 56 STAT. 1053

§1201. Omitted

Codification

Section, acts Dec. 17, 1942, ch. 739, §1, 56 Stat. 1053; Aug. 7, 1946, ch. 770, §1(32), 60 Stat. 868; July 3, 1952, ch. 570, §1(a)(1), 66 Stat. 330, which related to acquisition and operation of buildings and facilities by the Secretary of the Navy, terminated Aug. 1, 1953.

Continuation of Provisions Until August 1, 1953

Act July 3, 1952, ch. 570, §6, 66 Stat. 334, repealed act Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by acts May 28, 1952, ch. 339, 66 Stat. 96; June 14, 1952, ch. 437, 66 Stat. 137; June 30, 1952, ch. 526, 66 Stat. 296, which had continued the effectiveness of the provisions of this section until July 3, 1952. Section 1(a) of act July 3, 1952, as amended by acts Mar. 31, 1953, ch. 13, §1, 67 Stat. 18 and June 30, 1953, ch. 172, 67 Stat. 132, extended the time limitation on the effectiveness of the provisions of this section from Apr. 1, 1953 to Aug. 1, 1953.

ACT MAR. 23, 1951, CH. 15, 65 STAT. 7

TITLE I—RENEGOTIATION OF CONTRACTS

§§1211 to 1217. Omitted

Codification

Sections were omitted pursuant to section 1212(c)(1) of this Appendix, which provided that sections 1211 to 1217, and 1218 to 1224 of this Appendix not be applicable to receipts and accruals under contracts attributable to performance after Sept. 30, 1976, and in view of the termination of the Renegotiation Board and transfer of all property, including records, of the Renegotiation Board to the Administrator, General Services Administration, on Mar. 31, 1979, pursuant to Pub. L. 95–431, title V, §501, Oct. 10, 1978, 92 Stat. 1043.

Section 1211, act Mar. 23, 1951, ch. 15, title I, §101, 65 Stat. 7, set forth the Congressional declaration of policy concerning renegotiation of contracts.

Section 1212, acts Mar. 23, 1951, ch. 15, title I, §102, 65 Stat. 8; Sept. 1, 1954, ch. 1209, §1, 68 Stat. 1116; Aug. 3, 1955, ch. 499, §§1, 2(a), 69 Stat. 447; Aug. 1, 1956, ch. 821, §§2, 9(b), 70 Stat. 786, 791; Sept. 6, 1958, Pub. L. 85–930, §1, 72 Stat. 1789; July 13, 1959, Pub. L. 86–89, §1, 73 Stat. 210; July 3, 1962, Pub. L. 87–520, §1, 76 Stat. 134; June 30, 1964, Pub. L. 88–339, §1, 78 Stat. 233; June 30, 1966, Pub. L. 89–480, 80 Stat. 232; Oct. 24, 1968, Pub. L. 90–634, title I, §102, 82 Stat. 1345; July 1, 1971, Pub. L. 92–41, §1, 85 Stat. 97; July 9, 1973, Pub. L. 93–66, §1, 87 Stat. 152; June 30, 1974, Pub. L. 93–329, §1, 88 Stat. 288; Dec. 31, 1975, Pub. L. 94–185, 89 Stat. 1061, which related to contracts subject to renegotiation and provided that sections 1211 to 1214 of this Appendix not be applicable to receipts and accruals under contracts attributable to performance after Sept. 30, 1976.

Section 1213, acts Mar. 23, 1951, ch. 15, title I, §103, 65 Stat. 8; Aug. 1, 1956, ch. 821, §§3(a), 4, 70 Stat. 786; Sept. 6, 1958, Pub. L. 85–930, §2(a), 72 Stat. 1789; July 13, 1959, Pub. L. 86–89, §2, 73 Stat. 210; June 30, 1964, Pub. L. 88–339, §2(a), 78 Stat. 233; July 1, 1971, Pub. L. 92–41, §3(d), 85 Stat. 98; Apr. 2, 1982, Pub. L. 97–164, title I, §160(a)(18), 96 Stat. 48, related to definitions for the purposes of sections 1211 to 1224 of this Appendix.

Section 1214, act Mar. 23, 1951, ch. 15, title I, §104, 65 Stat. 11, related to renegotiation clauses in contracts.

Section 1215, acts Mar. 23, 1951, ch. 15, title I, §105, 65 Stat. 12; Sept. 1, 1954, ch. 1209, §§2, 7(a), 68 Stat. 1116, 1118; Aug. 1, 1956, ch. 821, §§5(a)–(c), 6, 7(a), 70 Stat. 787; June 11, 1960, Pub. L. 86–507, §1(39), 74 Stat. 202; July 3, 1962, Pub. L. 87–520, §2(c), 76 Stat. 134; Oct. 24, 1968, Pub. L. 90–634, title I, §103, 82 Stat. 1345; July 1, 1971, Pub. L. 92–41, §§2(a), 3(d), 85 Stat. 97, 98; Apr. 2, 1982, Pub. L. 97–164, title I, §160(a)(18), 96 Stat. 48, related to renegotiation proceedings.

Section 1216, acts Mar. 23, 1951, ch. 15, title I, §106, 65 Stat. 17; Sept. 1, 1954, ch. 1209, §§3(a), 4(a)–(c), 5(a), 6(a), 68 Stat. 1116, 1118; Aug. 3, 1955, ch. 499, §§3(a), 4(a), 5(a), 69 Stat. 447, 448; Aug. 1, 1956, ch. 821, §§8(a), 9(a), 70 Stat. 789; Oct. 24, 1968, Pub. L. 90–634, title I, §104, 82 Stat. 1345; July 1, 1971, Pub. L. 92–41, §3(d), 85 Stat. 98; Apr. 2, 1982, Pub. L. 97–164, title I, §160(a)(18), 96 Stat. 48, related to exemptions.

Section 1217, acts Mar. 23, 1951, ch. 15, title I, §107, 65 Stat. 19; Aug. 1, 1956, ch. 821, §10, 70 Stat. 791; July 13, 1959, Pub. L. 86–89, §3, 73 Stat. 211; June 11, 1960, Pub. L. 86–507, §1(40), 74 Stat. 202; Aug. 14, 1964, Pub. L. 88–426, title III, §305(31), 78 Stat. 426, established the Renegotiation Board and provided for its operation. The Renegotiation Board was terminated and all property, including records, of the Board was transferred to the Administrator, General Services Administration, on Mar. 31, 1979, pursuant to Pub. L. 95–431, title V, §501, Oct. 10, 1978, 92 Stat. 1043.

§1217a. Repealed. June 28, 1955, ch. 189, §12(c)(5), 69 Stat. 181

Section, act Nov. 1, 1951, ch. 665, Ch. V, 65 Stat. 763, authorized the Board to place not more than five positions in grades 16, 17, or 18 of the General Schedule established by the Classification Act of 1949.

§§1218 to 1224. Omitted

Codification

Sections were omitted pursuant to section 1212(c)(1) of this Appendix, which provided that sections 1211 to 1217, and 1218 to 1224 of this Appendix not be applicable to receipts and accruals under contracts attributable to performance after Sept. 30, 1976, and in view of the termination of the Renegotiation Board and transfer of all property, including records, of the Renegotiation Board to the Administrator, General Services Administration, on Mar. 31, 1979, pursuant to Pub. L. 95–431, title V, §501, Oct. 10, 1978, 92 Stat. 1043.

Section 1218, acts Mar. 23, 1951, ch. 15, title I, §108, 65 Stat. 21; Aug. 1, 1956, ch. 821, §11(a), 70 Stat. 791; July 3, 1962, Pub. L. 87–520, §2(b), 76 Stat. 134; July 1, 1971, Pub. L. 92–41, §§2(b), 3(a), 85 Stat. 97, 98; Apr. 2, 1982, Pub. L. 97–164, title I, §160(a)(18), 96 Stat. 48, provided for review by the United States Claims Court [now United States Court of Federal Claims] of Renegotiation Board determinations.

Section 1218a, acts Mar. 23, 1951, ch. 15, title I, §108A, as added Aug. 1, 1956, ch. 821, §12, 70 Stat. 791; amended July 3, 1962, Pub. L. 87–520, §2(a), 76 Stat. 134; July 1, 1971, Pub. L. 92–41, §3(b), 85 Stat. 98; Apr. 2, 1982, Pub. L. 97–164, title I, §160(a)(18), (c), 96 Stat. 48, provided for review of United States Claims Court [now United States Court of Federal Claims] decisions.

Section 1219, act Mar. 23, 1951, ch. 15, title I, §109, 65 Stat. 22, authorized the Renegotiation Board to make rules and regulations as deemed necessary.

Section 1220, act Mar. 23, 1951, ch. 15, title I, §110, 65 Stat. 22, provided that no person be held liable for damages or penalties for compliance with any rule, regulation, or order.

Section 1221, act Mar. 23, 1951, ch. 15, title I, §111, 65 Stat. 22, related to application of the Administrative Procedure Act.

Section 1222, act Mar. 23, 1951, ch. 15, title I, §112, 65 Stat. 22, related to authorization of appropriations.

Section 1223, acts Mar. 23, 1951, ch. 15, title I, §113, 65 Stat. 22; Aug. 1, 1956, ch. 821, §13, 70 Stat. 792, related to prosecution of claims against United States by former personnel.

Section 1224, acts Mar. 23, 1951, ch. 15, title I, §114, as added Aug. 1, 1956, ch. 821, §14, 70 Stat. 792; amended July 1, 1971, Pub. L. 92–41, §3(c), 85 Stat. 98; Apr. 2, 1982, Pub. L. 97–164, title I, §160(a)(18), 96 Stat. 48, required the Renegotiation Board to report to Congress on or before Jan. 1, 1957, and on or before Jan. 1, of each year thereafter on its activities for the preceding year ending on June 30.

TITLE II—GENERAL PROVISIONS

§§1231 to 1233. Omitted

Codification

Section 1231, acts Mar. 23, 1951, ch. 15, title II, §201, 65 Stat. 23; July 17, 1952, ch. 924, §3, 66 Stat. 753; Sept. 1, 1954, ch. 1209, §8, 68 Stat. 1118, which abolished the War Contracts Price Adjustment Board and transferred its functions under section 1191 of this Appendix to the Renegotiation Board, with the exception of the functions under section 1191(a)(4)(D) of this Appendix, which were transferred to the Administrator of General Services, was omitted in view of the termination of the Renegotiation Board and transfer of all property, including records, of the Board to the Administrator, General Services Administration, on Mar. 31, 1979, pursuant to Pub. L. 95–431, title V, §501, Oct. 10, 1978, 92 Stat. 1043, and the omission of section 1191 of this Appendix.

Section 1232, act Mar. 23, 1951, ch. 15, title II, §202, 65 Stat. 24, which prescribed a period of limitations for actions under the Renegotiation Act of 1948, section 1193 of this Appendix, was omitted in view of the omission of section 1193 of this Appendix.

Section 1233, act Mar. 23, 1951, ch. 15, title II, §203, 65 Stat. 25, amended section 3806(a)(1) of the Internal Revenue Code of 1939. Provisions of section 3806 of the I.R.C. of 1939 are covered by section 1481 of Title 26, Internal Revenue Code.