shall not exceed 7 per centum per annum measured from the time such payments were made to the contractor or subcontractor to the time such price adjustment is effected. If the parties fail to agree as to whether the defense contractor or subcontractor has complied with cost-accounting standards, the rules and regulations relating thereto, and cost adjustments demanded by the United States, such disagreement will constitute a dispute under the contract dispute clause.

(2) The Board is authorized, as soon as practicable after the date of enactment of this section [Aug. 15, 1970], to prescribe rules and regulations exempting from the requirements of this section such classes or categories of defense contractors or subcontractors under contracts negotiated in connection with national defense procurements as it determines, on the basis of the size of the contracts involved or otherwise, are appropriate and consistent with the purposes sought to be achieved by this section.

(3) Cost-accounting standards promulgated under subsection (g) and rules and regulations prescribed under this subsection shall take effect not earlier than the expiration of the first period of sixty calendar days of continuous session of the Congress following the date on which a copy of the proposed standards, rules, or regulations is transmitted to the Congress; if, between the date of transmittal and the expiration of such sixty-day period, there is not passed by the two Houses a concurrent resolution stating in substance that the Congress does not favor the proposed standards, rules, or regulations. For the purposes of this subparagraph, in the computation of the sixty-day period there shall be excluded the days on which either House is not in session because of adjournment of more than three days to a day to a day certain or an adjournment of Congress sine die. The provisions of this paragraph do not apply to modifications of cost accounting standards, rules, or regulations which have become effective in conformity with those provisions.

(i) Publication in Federal Register of cost accounting standards and regulations; submission and consideration of views and comments by interested parties; standards, regulations and modifications thereof as having full force and effect of law; effective date; exclusion of functions exercised from operation of specified laws; exemptions. (A) Prior to the promulgation under this section of rules, regulations, cost-accounting standards, and modifications thereof, notice of the action proposed to be taken, including a description of the terms and substance thereof, shall be published in the Federal Register. All parties affected thereby shall be afforded a period of not less than thirty days after such publication in which to submit their views and comments with respect to the action proposed to be taken. After full consideration of the views and comments so submitted the Board may promulgate rules, regulations, cost-accounting standards, and modifications thereof which shall have the full force and effect of law and shall become effective not later than the start of the second fiscal quarter beginning after the expiration of not less than thirty days after publication in the Federal Register.

(B) The functions exercised under this section are excluded from the operation of sections 551, 553559, and 701-706 of title 5, United States Code.

(C) The provisions of paragraph (A) of this subsection shall not be applicable to rules and regulations prescribed by the Board pursuant to subsection (h) (2).

(j) Determination of compliance with cost accounting standards; right of authorized person to examine and copy relevant records of contractor. For the purpose of determining whether a defense contractor or subcontractor has complied with duly promulgated cost-accounting standards and has followed consistently his disclosed cost-accounting practices, any authorized representative of the head of the agency concerned, of the Board, or of the Comptroller General of the United States shall have the right to examine and make copies of any documents, papers, or records of such contractor or subcontractor relating to compliance with such costaccounting standards and principles.

(k) Reports to Congress by Board.

The Board shall report to the Congres, not later than twenty-four months after the date of enactment of this section [Aug. 15, 1970], concerning its progress in promulgating cost-accounting standards under subsection (g) and rules and regulations under subsection (h). Thereafter, the Board shall make an annual report to the Congress with respect to its activities and operations, together with such recommendations as it deems appropriate.

(1) Authorization of appropriations.

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. (Sept. 8, 1950, ch. 932, title VII, § 719, as added Aug. 15, 1970, Pub. L. 91-379, title I, § 103, 84 Stat. 796.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2151 to 2163, 2164 to 2168, 2182, 2183 of this Appendix.

DOMESTIC MINERALS PROGRAM EXTENSION ACT AUG. 7, 1953, CH. 339, 67 STAT. 417 Sec. 2181. Congressional declaration of policy. 2182. Extension of termination dates of mineral purchase programs.

2183. Quarterly ore reports to purchase program producers.

§ 2181. Congressional declaration of policy.

It is recognized that the continued dependence on overseas sources of supply for strategic or critical minerals and metals during periods of threatening world conflict or of political instability within those nations controlling the sources of supply of such materials gravely endangers the present and future economy and security of the United States. It is therefore declared to be the policy of the Congress that each department and agency of the Federal Government charged with responsibilities concerning the discovery, development, production, and acquisition of strategic or critical minerals and metals shall undertake to decrease further and to eliminate where possible the dependency of the United States on overseas sources of supply of each such material. (Aug. 7, 1953, ch. 339, § 2, 67 Stat. 417.)

SHORT TITLE

Section 1 of act Aug. 7, 1953, provided that act Aug. 7, 1953, which in enacting sections 2181-2183 of this Appendix should be popularly known as the "Domestic Minerals Program Extension Act of 1953".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2182 of this Appendix.

§ 2182. Extension of termination dates of mineral purchase programs.

In accordance with the declaration of policy set forth in section 2 of this Act [section 2181 of this Appendix], the termination dates of all purchase programs designed to stimulate the domestic production of tungsten, manganese, chromite, mica, asbestos, beryl, and columbium-tantalum-bearing ores and concentrates and established by regulations issued pursuant to the Defense Production Act of 1950, as amended [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix], shall be extended an additional two years: Provided, That this section is not intended and shall not be construed to limit or restrict the regulatory agencies from extending the termination dates of these programs beyond the two-year extension periods provided by this section or from increasing the quantity of materials that may be delivered and accepted under these programs as permitted by existing statutory authority: Provided further, That the extended termination date provided by this section for the columbium-tantalum purchase program shall not apply to the purchase of columbium-tantalum-bearing ores and concentrates of foreign origin. (Aug. 7, 1953, ch. 339, § 3, 67 Stat. 417.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2183 of this Appendix.

§ 2183. Quarterly ore reports to purchase program producers.

In order that those persons who produce or who plan to produce under purchase programs established pursuant to Public Law 774 (Eighty-first Congress) and Public Law 96 (Eighty-second Congress) [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] may be in position to plan their investment and production with due regard to requirements, the responsible agencies controlling such purchase programs are directed to publish at the end of each calendar quarter the amounts of each of the ores and concentrates referred to in section 3 [section 2182 of this Appendix] purchased in that quarter and the total amounts of each which have been purchased under the program. (Aug. 7, 1953, ch. 339, § 4, 67 Stat. 417.)

DOMESTIC TUNGSTEN, ASBESTOS, FLUORSPAR AND PURCHASE PROGRAMS

COLUMBIUM-TANTALUM

ACT JULY 19, 1956, CH. 638, 70 STAT. 579

§§ 2191 to 2195. Omitted.

Sections, act July 19, 1956, ch. 638, §§ 2-6, 70 Stat. 579, 580, authorized domestic tungsten, asbestos, fluorspar and columbium-tantalum purchase programs and required the programs to terminate on December 31, 1958.

47-500 0-71-vol. 11-27

§ 2201. Determination of dependency of parents.

For the duration of this Act [sections 2201 to 2216 of this Appendix], that part of section 401 (3) of Title 37 which reads "and actually resides in the member's household" is suspended: Provided, That the dependency of the father or mother as required by that section shall be determined on the basis of an affidavit submitted by such father or mother, and such other evidence as the Secretary concerned may deem necessary under such regulations as he may prescribe, and no such father or mother shall be deemed dependent unless

(1) the member of the uniformed service claiming such dependency has provided over one-half of the support of such father or mother for such period of time as the Secretary concerned may prescribe; or

(2) in the case of claimed dependency arising by reason of changed circumstances after the entrance of such member into active service subsequent to the effective date of this Act, such father or mother becomes in fact dependent on such member for over one-half of his or her support. (Sept. 8, 1950, ch. 922, § 1, 64 Stat. 794; Sept. 7, 1962, Pub. L. 87-649, § 10, 76 Stat. 496.)

AMENDMENTS

1962-Pub. L. 87-649 substituted provisions suspending part of section 401 (3) of title 37 for provisions which suspended part of the second sentence of section 102(g) of the Act of October 12, 1949 (Public Law 351, Eightyfirst Congress).

EFFECTIVE DATE OF 1962 AMENDMENTS Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE

Effective date and termination of act Sept. 8, 1950, see sections 2215 and 2216 of this Appendix.

SHORT TITLE

Section 17 of act Sept. 8, 1950, which is classified to sections 2201-2216 of this Appendix, provided that it may be cited as the "Dependents Assistance Act of 1950".

1962-Pub. L. 87-649 substituted "the last sentence of section 403 (a) of title 37" for "the proviso in section 302(a) of the Act of October 12, 1949 (Public Law 351, Eighty-first Congress)."

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2201, 2203, 2206, 2209 to 2212, 2213a to 2216 of this Appendix.

§ 2203. Quarters allowances for enlisted members.

For the duration of this Act [sections 2201 to 2216 of this Appendix] section 403 (a) of title 37, United States Code, is amended by striking out that part of the table which prescribes monthly basic allowances for quarters for enlisted members in pay grades E-1, E-2, E-3, and E-4 (four years' or less service) and inserting in place thereof the following new table:

E-1.

Pub. L. 87-531 substituted the new table prescribing monthly basic allowance for quarters for enlisted members, E-4 (4 years or less service) to E-1, for former table which read as follows:

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90–207 effective Oct. 1, 1967, see section 7 of Pub. L. 90-207, set out as a note under section 203 of Title 37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1962 AMENDMENT Section 7 of Pub. L. 87-531 provided that: "This Act [amending this section and sections 2207 and 2208 of this Appendix, and provisions set out as notes under section 2204 of this Appendix and section 403 of Title 37, Pay and Allowances of the Uniformed Services] becomes effective on January 1, 1963."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2201, 2202, 2206, 2209 to 2212, 2213a to 2216 of this Appendix.

§ 2204. Quarters allowances and allotments of pay.

(a) Subject to section 403 of title 37 enlisted members of the uniformed services without dependents shall be entitled to a basic allowance for quarters at the rate of $51.30 per month.

(b) The payment of the basic allowance for quarters provided in section 403 (a) of title 37 for enlisted members with dependents shall be made only for such periods as the enlisted member has in effect an allotment of pay not less than the sum of the basic allowance for quarters to which he is entitled plus $40 (or in the case of enlisted members in pay grades E-4 and E-5, $60; or in the case of enlisted members in pay grades E-6, E-7, E-8, and E-9, $80), for the support of the dependent or dependents on whose account the allowance is claimed: Provided, That such allotment shall not be required, (1) for the calendar month in which such member enters on active duty in a pay status if the allotment is effective from the following month; (2) for the calendar month in which such member is discharged, if not immediately reenlisted; (3) for the calendar month in which such member is released from active duty; (4) for the calendar month in which dependency ceases; (5) for the calendar month in which dependency commences if the allotment is effective from the following month; (6) for the calendar

month in which such member is assigned to quarters for himself and his dependents or for the calendar month in which such assignment is terminated: Provided further, That such allotment may be initiated, continued, modified, or discontinued in accordance with such regulations as may be prescribed by the Secretary of the Department concerned: And provided further, That the minimum allotment required for any month shall be based on the lowest rate of basic allowance for quarters to which the member is entitled and the lowest pay grade in which the member is serving during such month.

(c) The allotment required by subsection (b) of this section shall be paid to or on behalf of such dependent or dependents as may be specified by the enlisted member concerned, subject to such regulations as the Secretary concerned may prescribe.

(d) Any delay in initiating an allotment as required by this section shall not invalidate entitlement to basic allowance for quarters, provided that such allotment is made retroactive for such period as the member may elect to claim the allowance for his dependent or dependents. If the Secretary concerned finds that such delay was caused by the exigencies of the service, he may waive the allotment requirement, or the additional increment thereto, as applicable, for such retroactive period.

(e) The entitlement to the basic allowance for quarters provided for in this section shall be substantiated in such manner and in accordance with such regulations as the Secretary concerned may prescribe. (Sept. 8, 1950, ch. 922, § 4, 64 Stat. 795; Sept. 7, 1962, Pub. L. 87-649, § 10, 76 Stat. 496.)

AMENDMENTS

1962-Pub. L. 87-649 amended section generally by eliminating provisions which directed that subsecs. (g)(k) be added to section 302 of the Act of October 12, 1949 (Public Law 351, Eighty-first Congress), redesignating such subsecs. (g)-(k) as subsecs. (a)—(e) of this section, and substituting therein references to section 403 of title 37 for section 302 of the act of October 12, 1949.

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

REQUIREMENT OF ALLOTMENT OF PAY BY ENLISTED MEMBERS Section 302 (h) of act Oct. 12, 1949, ch. 681, title III, 63 Stat. 812, as amended by Pub. L. 87-531, § 3, July 10, 1962, 76 Stat. 152, provided that:

"The payment of the basic allowance for quarters provided in section 3 of the Dependents Assistance Act of 1950 (50 App. U.S.C. 2203) for enlisted members with dependents in pay grades E-1, E-2, E-3, and E-4 (four years' or less service shall be made only for such period as the enlisted member has in effect an allotment of pay not less than the sum of the basic allowance for quarters to which he is entitled plus $40, for the support of the dependent or dependents on whose account the allowance is claimed: Provided, That such allotment shall not be required, (1) for the calendar month in which such member enters on active duty in a pay status if the allotment is effective from the following month; (2) for the calendar month in which such member is discharged, if not immediately reenlisted; (3) for the calendar month in which such member is released from active duty; (4) for the calendar month in which dependency ceases; (5) for the calendar month in which dependency commences if the allotment is effective from the following month; (6) for the calendar month in which such member is assigned to quarters for himself and his depen

dents or for the calendar month in which such assignment is transferred; or (7) for the calendar months in which such member serves on active duty for training (including full-time duty performed by members of the Army or Air National Guard for which they receive pay from the United States under section 316, 503, 504, or 505 of Title 32) if that training is for a period of thirty days or more: Provided further, That such allotment may be initiated, continued, modified, or discontinued in accordance with such regulations as may be prescribed by the Secretary of the Department concerned: And provided further, That the minimum allotment required for any month shall be based on the lowest rate of basic allowance for quarters to which the member is entitled and the lowest pay grade in which the member is serving during such month."

Laws effective after Jan. 9, 1962, that are inconsistent with Pub. L. 87-649, to be considered as superseding Pub. L. 87-649 to the extent of the inconsistency, see section 12(a) of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2201, 2202, 2203, 2206, 2209 to 2212, 2213a to 2216 of this Appendix.

§ 2205. Quarters allowance not contingent on right to pay.

Notwithstanding any other provision of law, the basic allowance for quarters to which an enlisted member may be entitled as a member with dependents shall not, for such period as the Secretary concerned may prescribe, be contingent on the right of such member to receive pay. (Sept. 8, 1950, ch. 922, 5, 64 Stat. 796.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2201, 2202, 2203, 2206, 2209 to 2212, 2213a to 2216 of this Appendix.

§ 2206. Allowance and allotment without consent of enlisted member.

The Secretary concerned may, at his discretion, with or without the consent of the enlisted member concerned, authorize and direct the payment of the basic allowance for quarters and the establishment and payment of such allotment or allotments as he shall determine to be in conformity with the provisions of this Act [sections 2201 to 2216 of this Appendix] for any enlisted member with dependents in any case in which such member does not claim such allowance. (Sept. 8, 1950, ch. 922, § 6, 64 Stat. 796.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2201, 2202, 2203, 2209 to 2212, 2213a to 2216 of this Appendix.

§ 2207. Enlisted members not affected by Act. Notwithstanding any other provision of law, the provisions of this Act [sections 2201 to 2216 of this Appendix] shall not apply to enlisted members in pay grades E-1, E-2, E-3, and E-4 (four years' or less service) on active duty for training for less than 30 days, to enlisted members on active duty for training under section 262 of the Armed Forces Reserve Act of 1952, as amended [section 1013 of this title], or any other enlistment program that requires an initial period of active duty for training, to enlisted men entitled to pay and allowances pursuant to the provisions of section 507 of the Act of October 12, 1949 (Public Law 351, Eighty-first Congress), to any member of the Samoan Native Guard or Band of the Navy, or the Samoan Reserve

Force of the Marine Corps. Such persons shall continue to be entitled to the appropriate allowances prescribed by the Act of October 12, 1949 (Public Law 351, Eighty-first Congress) on the day prior to the effective date of this Act [August 1, 1950]. (Sept. 8, 1950, ch. 922, § 7, 64 Stat. 796; July 10, 1962, Pub. L. 87-531, § 4(2), 76 Stat. 153.)

AMENDMENTS

1962-Pub. L. 87-531 substituted "in pay grades E-1, E-2, E-3, and E-4 (four years' or less service) on active duty for training for less than 30 days, to enlisted members on active duty for training under section 262 of the Armed Forces Reserve Act of 1952, as amended, or any other enlistment program that requires an initial period of active duty for training," for "on training duty,".

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of this section by Pub. L. 87-531 effective on Jan. 1, 1963, see section 7 of Pub. L. 87-531, set out as a note under section 252 of Title 37, Pay and Allowances of the Uniformed Services.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2201, 2202, 2203, 2206, 2209 to 2212, 2213a to 2216 of this Appendix.

§ 2208. Aviation cadets.

Personnel enumerated in sections 527 and 528 of the Act of October 12, 1949 (Public Law 351, Eightyfirst Congress), with dependents as defined in section 102(g) of said Act, as amended, shall be entitled to a basic allowance for quarters under the conditions and at the rates prescribed for members in pay grade E-4 (over four years' service). (Sept. 8, 1950, ch. 922, § 8, 64 Stat. 796; July 10, 1962, Pub. L. 87-531, § 4(3), 76 Stat. 153.)

AMENDMENTS

1962-Pub. L. 87-531 substituted "Personnel" for "For the purposes of this Act, personnel" and inserted "(over four years' service)" after "pay grade E-4."

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of this section by Pub. L. 87-531 effective on Jan. 1, 1963, see section 7 of Pub. L. 87-531, set out as a note under section 252 of Title 37, Pay and Allowances of the Uniformed Services.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2201, 2202, 2203, 2206, 2209 to 2212, 2213a to 2216 of this Appendix.

§ 2209. Members furnished government quarters.

For the duration of this Act [sections 2201 to 2216 of this Appendix], the fourth proviso of section 515 (b) of the Act of October 12, 1949 (Public Law 351, Eighty-first Congress) [section 315 (b) of Title 371, is hereby amended to read as follows:

"Provided further, That when a member is furnished Government quarters adequate for himself and his dependents, the total sum saved for him by this subsection shall be reduced at the rate of $45 per month for members in pay grades E-1, E-2, E-3, and E-4 (less than seven years' service), and $67.50 per month for members in pay grades E-4 (seven or more years' service), E-5, E-6, and E-7." (Sept. 8, 1950, ch. 922, § 9, 64 Stat. 796.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2201, 2202, 2203, 2206, 2210 to 2212, 2213a to 2216 of this Appendix.

§ 2210. Regulations; determinations and waivers; delegation of authority.

The Secretaries of the Departments concerned are authorized to prescribe such regulations for the

administration of this Act [sections 2201 to 2216 of this Appendix] as may be deemed necessary to enable them to carry out the provisions of this Act [said sections] and such regulations shall, as far as practicable, be uniform. All waivers and determinations, including determinations of dependency and relationship shall be made by the Secretary of the Department concerned or such other person or persons as he may designate, and the Secretary of the Department concerned or his designee is authorized to delegate or redelegate such authority: Provided, That the authority granted in this section to the several Secretaries of the Departments concerned may by joint agreement be exercised by any one of the Secretaries for any other Department or Departments concerned. (Sept. 8, 1950, ch. 922, § 10, 64 Stat. 796.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2201, 2202, 2203, 2206, 2209, 2211, 2212, 2213a to 2216 of this Appendix.

§ 2211. Conclusiveness of determinations and waivers; modification; waiver of erroneous payments.

Any determinations or waivers made under this Act [sections 2201 to 2216 of this Appendix] shall be final and conclusive for all purposes and shall not be subject to review in any court or by any accounting officer of the Government, except for cases involving fraud or gross negligence. The Secretary of the Department concerned may at any time on the basis of new evidence or for other good cause reconsider or modify any such determination, and may waive the recovery of any money erroneously paid under this Act [said sections] whenever he finds that such recovery would be against equity and good conscience. (Sept. 8, 1950, ch. 922, § 11, 64 Stat 797.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2201, 2202, 2203, 2206, 2209, 2210, 2212, 2213a to 2216 of this Appendix. § 2212. Accounts of disbursing officers making erroneous payments.

The General Accounting Office shall not refuse to allow credit in the accounts of any disbursing officer for any erroneous payment or overpayment made by him in carrying out the provisions of this Act [sections 2201 to 2216 of this Appendix] unless such erroneous payment or overpayment was made by him as the result of his gross negligence or with the intent to defraud the United States, and no recovery shall be made from any officer authorizing any erroneous payment or overpayment under this Act [said sections] unless such payment was authorized by him as the result of his gross negligence or with the intent to defraud the United States. (Sept. 8, 1950, ch. 922, § 12, 64 Stat. 797.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2201, 2202, 2203, 2206, 2209, 2210, 2211, 2213a to 2216 of this Appendix.

§ 2213. Erroneous payments under Servicemen's Dependents Act of 1942.

Notwithstanding the provisions of section 515 (c) of the Career Compensation Act of 1949 [section 315 (c) of Title 371, the Comptroller General, upon the recommendations of the heads of the departments