Delegation by the Renegotiation Board to Regional Boards DELEGATION OF AUTHORITY WITH RESPECT TO CERTAIN FUNCTIONS, POWERS AND DUTIES Pursuant to section 107 (d) and (f) of the Renegotiation Act of 1951: 1. For the purpose of this delegation: (a) The term "Board" means The Renegotiation Board. (b) The term "Regional Board" means a Regional Board created by the Board. 2. The Board hereby delegates to each Regional Board the following functions, powers and duties: (a) To conduct renegotiation under the Renegotiation Act of 1948 and the Renegotiation Act of 1951 with the contractor or subcontractor in any case which is assigned by the Board to such Regional Board. (b) To make a determination of excessive profits with respect to any such contractor or subcontractor. (c) To issue clearances and enter into refund agreements embodying determinations of excessive profits made by such Regional Board in cases designated by the Board as Class A cases, Provided, That the Board in each case has advised the Regional Board that the Board is in accord with such determination. (d) Subject to such review as may be prescribed by the Board by regulations, to issue clearances, enter into refund agreements, or issue unilateral orders embodying determinations of excessive profits made by such Regional Board in cases designated by the Board as Class B cases. 3. No function, power or duty herein delegated shall be redelegated. 4. This delegation is subject to revocation or modification in whole or in part at any time. Renegotiation Act of 1951 as amended through June 30, 1966 [Public Law 9, 82d Cong., approved March 23, 1951, as amended by To provide for the renegotiation of contracts, and for other purposes. TITLE I-RENEGOTIATION OF CONTRACTS SEC. 101. DECLARATION OF POLICY. It is hereby recognized and declared that the Congress has made available for the execution of the national defense program extensive funds, by appropriation and otherwise, for the procurement of property, processes, and services, and the construction of facilities necessary for the national defense; that sound execution of the national defense program requires the elimination of excessive profits from contracts made with the United States, and from related subcontracts, in the course of said program; and that the considered policy of the Congress, in the interests of the national defense and the general welfare of the Nation requires that such excessive profits be eliminated as provided in this title. SEC. 102. CONTRACTS SUBJECT TO RENEGOTIATION. (a) IN GENERAL.-The provisions of this title shall be applicable (1) to all contracts with the Departments specifically named in section 103(a), and related subcontracts, to the extent of the amounts received or accrued by a contractor or subcontractor on or after the first day of January 1951, whether such contracts or subcontracts were made on, before, or after such first day, and (2) to all contracts with the Departments designated by the President under section 103 (a), and related subcontracts, to the extent of the amounts received or accrued by a contractor or subcontractor on or after the first day of the first month beginning after the date of such designation, whether such contracts or subcontracts were made on, before, or after such first day.1 (b) PERFORMANCE PRIOR TO JULY 1, 1950.-Notwithstanding the provisions of subsection (a), the provisions of this title shall not apply to contracts with the Departments, or related subcontracts, to the extent of the amounts received or accrued by a contractor or subcontractor on or after the 1st day of January 1951, which are attributable to performance, under such contracts or subcontracts, prior to 1 Pub. Law 870, 84th Cong., approved August 1, 1956, struck out at this point "; but provisions of this title shall not be applicable to receipts or accruals attributable to performance, under contracts, or subcontracts, after December 31, 1956". The last date was changed from "1953" to "1954" by Pub. Law 764, 83d Cong., approved September 1, 1954, and changed to "1956" by Pub. Law 216, 84th Cong., approved August 3, 1955. X July 1, 1950. This subsection shall have no application in the case (c) TERMINATION.~~~ (1) In general.-The provisions of this title shall apply only (2) Termination of status as department. When the status (d) RENEGOTIATION ACT OF 1948.-The Renegotiation Act of 1948 Subsection (c) of section 102 was added by Pub, Law 870, 84th Cong., approved August any contract or subcontract entered into after December 31, 1950, if any of the receipts or accruals therefrom are subject to this title or would be subject to this title except for the provisions of section 106(e).3 SEC. 103. DEFINITIONS. For the purposes of this title (a) DEPARTMENT.-The term "Department" means the Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, the Maritime Administration, the Federal Maritime Board, the General Services Administration, the National Aeronautics and Space Administration, the Federal Aviation Agency and the Atomic Energy Commission. Such term also includes any other agency of the Government exercising functions having a direct and immediate connection with the national defense which is designated by the President during a national emergency proclaimed by the President, or declared by the Congress, after the date of the enactment of the Renegotiation Amendments Act of 1956; but such designation shall cease to be in effect on the last day of the month during which such national emergency is terminated. (b) SECRETARY.-The term "Secretary" means the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Commerce (with respect to the Maritime Administration), the Federal Maritime Board, the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, the Administrator of the Federal Aviation Agency, the Atomic Energy Commission, and the head of any other agency of the Government which the President shall designate as a Department pursuant to subsection (a) of this section." (c) BOARD.-The term "Board" means the Renegotiation Board created by section 107 (a) of this Act. (d) RENEGOTIATE AND RENEGOTIATION.-The terms "renegotiate" and "renegotiation" include a determination by agreement or order under this title of the amount of any excessive profits. (e) EXCESSIVE PROFITS.-The term "excessive profits" means the portion of the profits derived from contracts with the Departments and subcontracts which is determined in accordance with this title to be excessive. In determining excessive profits favorable recognition must be given to the efficiency of the contractor or subcontractor, with particular regard to attainment of quantity and quality production, re 3 Matter in italics in section 102 (e) was added by Pub. Law 216, 84th Cong. approved August 3, 1955, as amended by Pub. Law 870, 84th Cong., approved August 1, 1956, and applies only to the extent of amounts received or accrued after December 31, 1953. Pub. Law 870 changed "section 106 (a) (8)" to "section 106 (e)" with respect to fiscal years ending after June 30, 1956. 4 Section 103 (a) was amended by Pub. Law 870, 84th Cong., approved August 1, 1956, which struck out, effective December 31, 1956, the Department of Commerce, the Reconstruction Finance Corporation, the Canal Zone Government, the Panama Canal Company, the Housing and Home Finance Agency, and such other agencies of the Government as were designated by the President under the former subsection (a). Federal Civil Defense Administration, National Advisory Committee for Aeronautics, Tennessee Valley Authority, and U.S. Coast Guard were designated by Executive Order 10260, dated June 27, 1951; Defense Materials Procurement Agency, Bureau of Mines, and (United States) Geological Survey by Executive Order 10294, September 28, 1951; Bonneville Power Administration by Executive Order 10299, October 31, 1951; Bureau of Reclamation by Executive Order 10369, June 30, 1952; and Federal Facilities Corporation by Executive Order 10567, September 29, 1954. Section 103(a) was further amended by Pub. Law 85-930, 85th Cong., approved September 6, 1958, which added the National Aeronautics and Space Administration and which made section 103(a) applicable to contracts entered into by such Administration and to contracts transferred to such Administration from a Department under section 301 or 302 of the National Aeronautics and Space Act of 1958, and to related subcontracts; and by Pub. Law 88-339, 88th Cong., approved June 30, 1964, which added the Federal Aviation Agency and which made section 103 (a) applicable to contracts with such Agency, and related subcontracts, to the extent of the amounts received or accrued by a contractor or subcontractor after June 30, 1964. Matter in italics in section 103(b), except the references to the Administrator of the National Aeronautics and Space Administration and the Administration of the Federal Aviation Agency, was added by Pub, Law 870, 84th Cong., approved August 1, 1956, which also changed "the Chairman of the Atomic Energy Commission" to "the Atomic Energy Commission" and struck out the Board of Directors of the Reconstruction Finance Corporation, the Governor of the Canal Zone, the President of the Panama Canal Company, and the Housing and Home Finance Administrator, all effective on December 31, 1956. The Administrator of the National Aeronautics and Space Administration was added by Pub. Law 85-930, 85th Cong., approved September 6, 1958. The Administrator of the Federal Aviation Agency was added by Pub. Law 88-339, 88th Cong., approved June 30, 1964. |