Page:United States Statutes at Large Volume 58 Part 1.djvu/682

 PUBLIC LAWS-CH. 358 -JULY , 1944 his termination claim or part thereof, or failed to prosecute diligently any protest or appeal required to be taken under subsection (c) (1) (ii) of this section, the Appeal Board or court (i) may refuse to receive in evidence any information not submitted to the contracting agency; (ii) may deny interest on the claim or part thereof for such period as it deems proper; or (iii) may remand the case to the contracting agency for further proceedings upon such terms as the Appeal Board Awardorjdgment. or court may prescribe. Unless the case is remanded, the Appeal Board or court shall enter the appropriate award or judgment on the basis ofithe law and facts, and may increase or decrease the amount allowed by the findings of the contracting agency. interim settlement. (4) Any such proceedings shall not affect the authority of the con- tracting agency concerned to make a settlement of the termination claim, or any part thereof, by agreement with the war contractor at any time before such proceedings are concluded. Appebl Board. (d) (1) The Director shall appoint an Appeal Board, composed of lcat, etc ' such number of members as he deems necessary from time to time to hear appeals under this section. The members of the Appeal Board shall be qualified and experienced attorneys, engineers, account- ants, or persons possessing sufficient business experience or pro- fessional skill. He shall, without regard to the provisions of the 42 st. l4. civil-service laws and the Classification Act of 1923, appoint and fix Sup. i. i.mt the compensation and term of office of the members of the Appeal Board: Provided, That no member shall receive compensation 'at a-rate in excess of $10,000 per annum nor be appointed for a term longer than two years. Panels to ct for (2) Panels of one or more members may act for the Appeal Board ppl a and shall sit from time to time in localities throughout the country, reasonably convenient for war contractors having proceedings before them. A panel of one member of the Appeal Board may hear any appeal whenever (i) the amount in controversy in the appeal is $25,000 or less;-or (ii) the amount in controversy exceeds $25,000, but the war contractor taking the appeal fails to demand a panel of three members sit dncim or n- at the time of filing his appeal. If the war contractor is aggrieved by ed the decision of the Appeal Board or panel (other than an order re- manding the case to the contracting agency under subsection (c) (3) (iii) of this section), then within ninety days after such deci- sion he may bring suit on the claim or unsettled part thereof in accordance with subsection (b) (2) of this section. Such suit shall proceed as if no appeal had been taken under subsection (b) of this Costsof uit. section. All costs of such suit shall be borne by the war contractor unless the court awards such contractor an amount in excess of that allowed by the Appeal Board or panel. Upon failure of the war contractor so to sue within such period, the decision of the Appeal Board or panel shall be final and conclusive. Practice and pro (3) The Director or, if authorized by him, the Appeal Board shall dr prescribe the practice and procedure to govern proceedings for the Appeal Board. The Appeal Board or any panel thereof shall have power to administer oaths to witnesses and to compel by subpena the attendance of witnesses, and the production of books, papers, docu- ments, and other records. All provisions of law (including penalties and provisions relating to self-incrimination) applicable with respect S^Bts. cH.5.0 to subpenas issued under the Federal Trade Commission Act shall be applicable with respect to subpenas issued by the Appeal Board inso- far as such provisions are not inconsistent with the provisions of this Act. toa proceed- (e) The contracting agency responsible for settling any claim and the war contractor asserting the claim, by agreement, may submit all or any part of the termination claim to arbitration, without regard to [58 STAT.

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