Page:United States Statutes at Large Volume 58 Part 1.djvu/103

 58 STAT.] 78TH CONG., 2D SESS. - CH. 63-FEB. 25,1944 83 notice thereof by registered mail to the contractor or subcontractor. In the absence of the filing of a petition with The Tax Court of the United States under the provisions of and within the time limit pre- scribed in subsection (e) (1), such order shall be final and conclusive Po.p. 88. and shall not be subject to review or redetermination by any court or other agency. The Board shall exercise its powers with respect to the erce of power with respect to ag- aggregate of the amounts received or accrued during the fiscal year gregate receipts or (or such other period as may be fixed by mutual agreement) by a con- ac rua ls. tractor or subcontractor under contracts with the Departments and subcontracts, and not separately with respect to amounts received or accrued under separate contracts with the Departments or subcontracts, except that the Board may exercise such powers separately with respect to amounts received or accrued by the contractor or subcontractor under any one or more separate contracts with the Departments or subcontracts at the request of the contractor or subcontractor. When- istaementrtaober fur ever the Board makes a determination with respect to the amount of subcontractor. excessive profits, whether such determination is made by order or is embodied in an agreement with the contractor or subcontractor, it shall, at the request of the contractor or subcontractor, as the case may be, prepare and furnish such contractor or subcontractor with a statement of such determination, of the facts used as a basis therefor, and of its reasons for such determination. Such statement shall not be used in The Tax Court of the United States as proof of the facts or conclusions stated therein. "(2) Upon the making of an agreement, or the entry of an order, clminaion of e under paragraph (1) by the Board, or the entry of an order under ods. subsection (e) by The Tax Court of the United States, determining excessive profits, the Board shall forthwith authorize and direct the Secretaries or any of them to eliminate such excessive profits (A) by reductions in the amounts otherwise payable to the contractor under contracts with the Departments, or by other revision of their terms; or (B) by withholding from amounts otherwise due to the contractor any amount of such excessive profits; or (C) by directing a contractor to withhold for the account of the United States, from amounts other- wise due to a subcontractor, any amount of such excessive profits of such subcontractor; or (D) by recovery from the contractor, through repayment, credit, or suit any amount of such excessive profits actu- ally paid to him; or (E) by any combination of these methods, as is deemed desirable. Actions on behalf of the United States may be Actions for recover. brought in the appropriate courts of the United States to recover from the contractor any amount of such excessive profits actually paid to him and not withheld or eliminated by some other method under this subsection. The surety under a contract or subcontract shall not be Nonetyab1lty ot liable for the repayment of any excessive profits thereon. Each con- indemnification. tractor and subcontractor is hereby indemnified by the United States against all claims by any subcontractor on account of amounts with- held from such subcontractor pursuant to this paragraph. All money oipesitiof of re- recovered in respect of amounts paid to the contractor from appro- priations from the Treasury by way of repayment or suit under this subsection shall be covered into the Treasury as miscellaneous receipts. Upon the withholding of any amount of excessive profits or the cred- Certification to iting of any amount of excessive profits against amounts otherwise withheldorcredited. due a contractor, the Secretary shall certify the amount thereof to the Treasury and the appropriations of his Department shall be reduced by an amount equal to the amount so withheld or credited. The amount of such reductions shall be transferred to the surplus fund of r the Treasury. In eliminating excessive profits the Secretary shall tas. allow the contractor or subcontractor credit for Federal income and

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