Page:United States Statutes at Large Volume 58 Part 1.djvu/684

 PUBLIC IAWS-CIH 358--JUY 1,944 6 Stat. 1136. 2u. s. c.12 ExcBptbns Jurisdiction not fectd by AJt. AMowncoe inmet- tlng accounts. Reliance on on- tractors' certifiaces. Authority to exam- tne reords. Settlement induced by rand. Investigation and withholding of amount. tuted by such person pursuant to section 145 of the Judicial Code, as amended, and as if such independent proceeding had then been con- solidated, for purposes of trial and determination, with the case in respect of which the summons or notice was issued, except that the United States shall not be heard upon any counterclaims, claims for damages or other demands whatsoever against such person, other than claims and contingent claims for the recovery of money hereafter paid by the United States in respect of the transaction or matter which constitutes the subject matter of such case, unless and until such person shall assert therein a claim, or an interest in a claim, against the United States, and the Court of Claims shall have jurisdiction to adjudicate, as between any and all adverse claimants, their respec- tive several interests in any matter in suit and to award several judg- ments in accordance therewith. this Act except to the extent necessary to give effect to this Act, and no person shall recover judgment on any claim, or on any interest in any claim, in said court which such person would not have had a right to assert in said court if this section had not been enacted. pEBRONAL FIANTACIAL LT.TITY SEm. 15. (a) Whenever any payment is made from Government funds to any war contractor or other person as an advance, partial or final payment on any termination claim, or pursuant to any loan, guaranty, or agreement for the purchase of any loan, or any commit- ment in connection therewith, entered into by the Government, no officer or other Government agent authorizing or approving such payment or settlement, or certifying the voucher for such payment, or making the payment in accordance with a duly certified voucher, shall be personally liable for such payment, in the absence of fraud on his part. In settling the accounts of any disbursing officer the General Accounting Office shall allow any such disbursements made by him notwithstanding any other provisions of law. (b) For the purpose of making termination settlements or interim financing any Government agency is authorized to rely upon such certificates of war contractors as it deems proper and to permit war contractors and other persons to rely upon such certificates without financial liability in the absence of fraud on their part. THE GENERAL ACCOUNTING OFFICE SEa. 16. (a) Any other provision of law notwithstanding, the function of the General Accounting Office with respect to any termina- tion settlement made, authorized, ratified, or approved by a con- tracting agency shall be confined to determining, after final settlement, (1) whether the settlement payments to the war contractor were made in accordance with the settlement, and (2) whether the records transmitted to it, or other information, warrant a reasonable belief that the settlement was induced by fraud. For this purpose the General Accounting Office shall have the authority to examine any records maintained by any contracting agency or by any war contractor relating to any termination settlement. (b) Whenever the Comptroller General is convinced that any settle- ment was induced by fraud, he shall so certify, together with all the facts relating thereto, to the Department of Justice, to the Director, and to the contracting agency concerned. Upon receipt of such certificate (1) the Department of Justice shall make an investigation to determine whether such settlement was induced by fraud, and (2) until the Department of Justice notifies the contracting agency E58 STAT.
 * -( (c) The jurisdiction of the Court of Claims shall not be affected by

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