PUBLIC LAWS-CH. 63 ---EB . 25, 1944 An,p. 90. (4) The amendments made by paragraph (2) shall be effective as 26 U.S ... Supp. if they were a part of section 3806 of the Internal Revenue Code on m, 3806. the date of the enactment of the Revenue Act of 1942. AnUp. . (d) EFFECTrVi DATE.-The amendments made by subsection (b) shall be effective only with respect to the fiscal years ending after June 30, 1943, except that (1) the amendments inserting subsections (a) (4) (C), (a) (4) (D), ( i)) (C),(i) (1) (F) (i) (3), and (1) in section 403 of the Sixth Supplemental National Defense Appropriation Act, 1942, shall be effective as if such amend- ments and subsections had been a part of section 403 of such Act on the date of its enactment, and (2) the amendments adding sub- section (d) and (e) (2) to section 403 of such Act shall be effective from the date of the enactment of this Act. TITLE VIII-REPRICING OF WAR CONTRACTS SEC. 801. REPRICING OF WAR CONTRACTS. Tersmscosed. (a) As used in this section the terms "Department", "Secretary" and "article" shall have the same meanings as in subsection (a) of the Ante, . 78. Renegotiation Act. puthoriti oteqie (b) When the Secretary of a Department deems that the price of any article or service of any kind, which is required by his Depart- ment or directly or indirectly required, furnished, or offered in con- nection with, or as a part of, the performance or procurement of any contract with his Department or of any subcontract thereunder, is unreasonable or unfair, the Secretary may require the person fur- Refwg to
- i- nishing or offering to furnish such article or service to negotiate to
g of pice. fix a air and reasonable price therefor. If such person refuses to agree to a price for such article or service which the Secretary con- siders fair and reasonable, the Secretary by order may fix the price payable to such person for furnishing such article or service after the effective date of the order, whether under existing agreements or otherwise. The order may prescribe the period during which the price so fixed shall be effective and such other terms and conditions as the Secretary deems appropriate. nSitallowed. (c) Any person aggrieved by an order fixing a price under this section may sue the United States in any appropriate court. In such suit, such person shall be entitled to recover from the United States the amount of any difference between (1) fair and just compensation for the articles and services furnished under the terms of the order and (2) the price fixed for such articles and services by the order; but if the prices so fixed by the order are found to exceed fair and just compensation for such articles and services, such person shall be liable to the United States in such suit for the amount of this excess. Tmelmitat. Any such suit shall be brought within six months after the order by the Secretary on which it is based, or after the expiration of the period or periods specified in such order, whichever last occurs. Such a suit shall not stay the order involved. aeonofpts Po-. (d) Whenever any person wilfully refuses, or wilfully fails to fur- nish any such articles or services at the price fixed by an order of the Secretary in accordance with this section, the President shall have power to take immediate possession of the plant or plants of such s0U.8. . app. person and to operate them in accordance with section 9 of the Selec- i a»; spp. m, 3. tive Training and Service Act of 1940, as amended. ttatim dau O (e) The authority and discretion herein conferred upon the Secre- t tary of each Department may be delegated in whole or in part by him to such individuals or agencies as he may designate in his Department, or in any other Department with the consent of the Secretary of that [58 STAT.
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