The extent to which this award is made with respect to any portion of the agreement which was sublet is as follows:

[Here insert a list of all subcontractors whose claims against the prime contractor are covered by the award, giving the name, place of business, and post-office address of each, together with the amount awarded with respect to each subcontract, and add the appropriate alternative statement provided in paragraph (g), Section 3, Supply Circular No. 17, Revised.]

Made and approved by authority of Secretary of War:

Dated___.

Washington, D. C.

Accepted:

Dated---

.__CLAIMS BOARD.

WAR DEPARTMENT CLAIMS BOARD,

By

(Member.)

(Claimant.)

NOTE 1-(a) Wherever, as a part of this partial award, property which has been acquired by the contractor pursuant to the terms of the agreement, and for its purposes is to be taken over by the United States and the contractor is to be reimbursed for the same, the following clause should be inserted at this point:

"The payment by the United States of this award shall operate to vest in the United States title of the property described in Schedule A,' attached hereto."

(b) If property of the United States is to be transferred to the claimant in part payment of this partial award there shall be inserted at this point:

From the said amount of $----.

shall be deducted the amount of and in lieu thereof the Secretary of War hereby awards to the claimant the property listed on Schedule B' hereto attached, and this award shall operate to vest in the claimant title to such property."

(c) In making partial awards care must be exercised that there shall at all times be left due to the contractor sums sufficient to permit the recoupment in the final award of all sums due to the United States for advances to the claimant.

AWARD FORM 3.

This form to be used as final award of series.

Claim No.

Award letter_______Final.

Award of Secretary of War under the act of Congress entitled "An act to provide relief in cases of contracts connected with the prosecution of the war and for other purposes."

(Approved Mar. 2, 1919.)

It appearing to the satisfaction of the Secretary of War that an agreement was entered into in good faith between

the claim

ant, and

--

an officer or agent acting under the

day of

111)

(Give name, rank or title, and corps.) authority, direction, or instruction of the Secretary of War (the President of the United States), on or about the 19-, during the emergency arising from the declaration of war with the German Empire, and prior to November 12, 1918, for a purpose connected with the prosecution of the war; that the agreement had been performed in whole or in part, or expenditures had been made or obligations incurred by the claimant on the faith of such agreement prior to November 12, 1918; that the agreement has not been executed in the manner prescribed by law; that the said agreement is within the provisions of the above-entitled act of Congress; that the nature, terms, and conditions of said agreement are set out in "Form C," Certificate of Board, No. dated on file in

the War Department; that the claimant presented his claim to the Secretary of War before June 30, 1919; that the sum of $_.

(Note 1), together with the awards heretofore made with respect to the said agreement, will adjust, pay, and discharge such agreement upon a fair and equitable basis; and that such sum when added to the awards heretofore made will not include prospective or possible profits on any part of the agreement beyond the goods and supplies delivered to and accepted by the United States thereunder, and a reasonable remuneration for expenditures and obligations or liabilities necessarily incurred in performing or preparing to perform said agreement:

The Secretary of War hereby awards to said claimant the sum of $---‒‒‒‒‒ in final and full adjustment, payment, and discharge of said agreement (Note 2). The extent to which this award with respect to any portion of the agreement which was sublet is as follows:

[Here insert a list of all subcontractors whose claims against the prime contractor are covered by the award, giving the name, place of business, and post-office address of each, together with the amount awarded with respect to each subcontract, and the appropriate alternative statement as provided in paragraph (g), section 3, Supply Circular No. 17, Revised.]

Made and approved by authority of the Secretary of War:

Dated.

Washington, D. C.

Accepted:

Dated__

CLAIMS BOARD,

WAR DEPARTMENT CLAIMS BOARD,

By

(Member.)

(Claimant.)

NOTE 1.-In the event that there have been partial deliveries under the agreement, "that the there shall be inserted in the award at this point, and in place of the words

sum of $.

together with the awards heretofore made with respect to the said agreement," the following: "that there have heretofore been delivered by the claimant and accepted by the United States under the said agreement prior to any award

[Here insert, either directly or by reference to an attached schedule, a general description of the articles, work, or facilities, and the number thereof delivered and accepted.]

of the fair aggregate value of $. to be paid for said

; that the said sum of $-- ---- paid or heretofore delivered and accepted,

(Articles, work, or facilities.)

together with the awards heretofore made with respect to said agreement, and together with the additional sum of $--

44

Furthermore the word "sum" should be changed to sums wherever the sense

requires.

The statement "The Secretary of War hereby awards, etc." shall be changed to read as follows:

"The Secretary of War hereby awards to said claimant the sum of $-. which sum, in conjunction with the payments hereinabove mentioned made or to be made for the articles, work, or services heretofore delivered and accepted, and together with the awards heretofore made under this agreement, shall be in full adjustment, pay. ment, and discharge of said agreement."

NOTE 2. (a) Wherever, as a part of the final award, property which has been acquired by the contractor pursuant to the terms of the agreement, and for its purposes is to be taken over by the United States and the contractor is to be reimbursed for the same, the following clause should be inserted at this point:

The payment by the United States of this award shall operate to vest in the United States title to the property described in Schedule A' attached hereto."

(b) In the event that there is due from the claimant to the United States any sum or sums theretofore advanced there shall be inserted in the award at this point the following:

"From the said sum of $

shall be deducted the principal sum of $_.

due from the claimant by reason of advances heretofore made by the United States, plus interest due on said principal sum up to the date that this award is approved by the War Department Claims Board, and the claimant is hereby released from all obligation to pay interest on said principal sum after that date."

(c) If property of the United States is to be transferred to the claimant in part payment of the final award there shall be inserted at this point:

From the said amount of $_.

shall be deducted the amount of $_.

and in lieu thereof the Secretary of War hereby awards to the claimant the property listed on Schedule B' hereto attached, and this award shall operate to vest in the claimant title to such property."

AN ACT TO PROVIDE RELIEF IN CASES OF CONTRACTS CONNECTED WITH THE PROSECUTION OF THE WAR, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized to adjust, pay, or discharge any agreement, express or implied, upon a fair and equitable basis that has been entered into in good faith during the present emergency and prior to November twelfth, nineteen hundred and eighteen, by any officer or agent acting under his authority, direction, or instruction, or that of the President, with any person, firm, or corporation for the acquisition of lands, or the use thereof, or for damages resulting from notice by the Government of its intention to acquire or use said lands, or for the production, manufacture, sale, acquisition, or control of equipment, materials, or supplies, or for services, or for facilities, or other purposes connected with the prosecution of the war, when such agreement has been performed in whole or in part, or expenditures have been made or obligations incurred upon the faith of the same by any such person, firm, or corporation prior to November twelfth, nineteen hundred and eighteen, and such agreement has not been executed in the manner prescribed by law: Provided, That in no case shall any award, either by the Secretary of War or the Court of Claims, include prospective or possible profits on any part of the contract beyond the goods

and supplies delivered to and accepted by the United States and a reasonable remuneration for expenditures and obligations or liabilities necessarily incurred in performing or preparing to perform said contract or order: Provided further, That this act shall not authorize payment to be made of any claim not presented before June thirtieth, nineteen hundred and nineteen: And provided further, That the Secretary of War shall report to Congress at the beginning of its next session following June thirtieth, nineteen hundred and nineteen, a detailed statement showing the nature, terms, and conditions of every such agreement and the payment or adjustment thereof: And provided further, That no settlement of any claim arising under any such agreement shall bar the United States Government through any of its duly authorized agencies, or any committee of Congress hereafter duly appointed, from the right of review of such settlement, nor the right of recovery of any money paid by the Government to any party under any settlement entered into, or payment made under the provisions of this act, if the Government has been defrauded, and the right of recovery in all such cases shall exist against the executors, administrators, heirs, successors, and assigns of any party or parties: And provided further, That nothing in this act shall be construed to relieve any officer or agent of the United States from criminal prosecution under the provisions of any statute of the United States for any fraud or criminal conduct: And provided further, That this act shall in no way relieve or excuse any officer or his agent from such criminal prosecution because of any irregularity or illegality in the manner of the execution of such agreement: And provided further, That in all proceedings hereunder witnesses may be compelled to attend, appear, and testify, and produce books, papers, and letters, or other documents; and the claim that any such testimony or evidence may tend to criminate the person giving the same shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person in the trial of any criminal proceedings.

SEC. 2. That the Court of Claims is hereby given jurisdiction on petition of any individual, firm, company, or corporation referred to in section 1 hereof to find and award fair and just compensation in the cases specified in said section in the event that such individual, firm, company, or corporation shall not be willing to accept the adjustment, payment, or compensation offered by the Secretary of War as hereinbefore provided, or in the event that the Secretary of War shall fail or refuse to offer a satisfactory adjustment, payment, or compensation as provided for in said section.

SEC. 3. That the Secretary of War, through such agency as he may designate or establish, is empowered, upon such terms as he or it may determine to be in the interest of the United States, to make equitable and fair adjustments and agreements upon the termination or in settlement or readjustment of agreements or arrangements entered into with any foreign government or governments or nationals thereof prior to November twelfth, nineteen hundred and eighteen, for the furnishing to the American Expeditionary Forces, or otherwise, for war purposes of supplies, materials, facilities, services, or the use of property, or for the furnishing of any thereof by the United States to any foreign government or governments, whether or not such agreements or arrangements have been entered into in accordance with applicable statutory provisions, and the other provisions of this act shall not be applicable to such adjustments. SEC. 4. That whenever under the provisions of this act the Secretary of War shall make an award to any prime contractor with respect to any portion of his contract which he shall have sublet to any other person, firm, or corporation who has in good faith made expenditures, incurred obligations, rendered service, or furnished material, equipment, or supplies to such prime contractor, with the knowledge and approval of any agent of the Secretary of War duly authorized thereunto, before payments of said award, the Secretary of War shall require such prime contractor to present satisfactory evidence of having paid said subcontractor or of the consent of said subcontractor to look for his compensation to said prime contractor only; and in the case of the failure of said prime contractor to present such evidence of such consent the Secretary of War shall pay directly to said subcontractor the amount found to be due under said award; and in case of the insolvency of any prime contractor the subcontractor of said prime contractor shall have a lien upon the funds arising from said award prior and superior to the lien of any general creditor of said prime contractor.

SEC. 5. That the Secretary of the Interior be, and he hereby is, authorized to adjust, liquidate, and pay such net losses as have been suffered by any person, firm, or corporation by reason of producing or preparing to produce either manganese, chrome, pyrites, or tungsten in compliance with the request or demand of the Department of the Interior, the War Industries Board, the War Trade Board, the Shipping Board, or the Emergency Fleet Corporation to supply the urgent needs of the Nation in the prosecution of the war, said minerals being enumerated in the act of Congress approved October fifth, nineteen hundred and eighteen, entitled "An act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of those ores, metals, and minerals which have formerly been largely imported, or of which there is or may be an inadequate supply."

The said Secretary shall make such adjustments and payments in each case as he shall determine to be just and equitable; that the decision of said Secretary shall be conclusive and final, subject to the limitation hereinafter provided; that all payments and expenses incurred by said Secretary, including personal services, traveling and subsistence expenses, supplies, postage, printing, and all other expenses incident to the proper prosecution of this work, both in the District of Columbia and elsewhere, as the Secretary of the Interior may deem essential and proper, shall be paid from the funds appropriated by the said act of October fifth, nineteen hundred and eighteen, and that said funds and appropriations shall continue to be available for said purpose until such time as the said Secretary shall have fully exercised the authority herein granted and performed and completed the duties hereby provided and imposed: Provided, howerer, That the payments and disbursements made under the provisions of this section for and in connection with the payments and settlements of the claims herein described, and the said expenses of administration shall in no event exceed the sum of $8,500,000: And provided further, That said Secretary shall consider, approve, and dispose of only such claims as shall be made hereunder and filed with the Department of the Interior within three months from and after the approval of this act: And provided further, That no claim shall be allowed or paid by said Secretary unless it shall appear to the satisfaction of the said Secretary that the expenditures so made or obligations so incurred by the claimant were made in good faith for or upon property which contained either manganese, chrome, pyrites, or tungsten in sufficient quantities to be of commercial importance: And provided further, That no claims shall be paid unless it shall appear to the satisfaction of said Secretary that moneys were invested or obligations were incurred subsequent to April sixth, nineteen hundred and seventeen, and prior to November twelfth, nineteen hundred and eighteen, in a legitimate attempt to produce either manganese, chrome, pyrites, or tungsten for the needs of the Nation for the prosecution of the war, and that no profits of any kind shall be included in the allowance of any of said claims, and that no investment for merely speculative purposes shall be recog nized in any manner by said Secretary: And provided further, That the settlement of any claim arising under the provisions of this section shall not bar the United States Government, through any of its duly authorized agencies, or any committee of Congress hereafter duly appointed, from the right of review of such settlement, nor the right to recover any money paid by the Government to any party under and by virtue of the provisions of this section, if the Government has been defrauded, and the right of recovery in all such cases shall extend to the executors, administrators, heirs, and assigns of any party.

That a report of all operations under this section, including receipts and disbursements, shall be made to Congress on or before the first Monday in December of each year.

That nothing in this section shall be construed to confer jurisdiction upon any court to entertain a suit against the United States: Provided further, That in determining the net losses of any claimant the Secretary of the Interior shall. among other things, take into consideration and charge to the claimant the then market value of any ores or minerals on hand belonging to the claimant, and also the salvage or usable value of any machinery or other appliances which may be claimed was purchased to equip said mine for the purpose of complying with the request or demand of the agencies of the Government above mentioned in the manner aforesaid.