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taining the legislation of such Congress. Sec. 1, pub. res. of Mar. 2, 1929 (45 Stat. 1540); 1 U. S. C. 51a.

Supplements, embodying later legislation and indicating changes in the basic volume, have been issued from time to time in accordance with the above provisions.

The text of this section as published in the 1929 Edition, based on section 1, act of May 29, 1928 (45 Stat. 1008), is omitted as executed.

1918. Code of Laws of the United States; legal effect of supplements.—That the code as thus amended and supplemented shall establish prima facie the general and permanent laws of the United States in force December 5, 1927, but nothing in this Act shall be construed as repealing or amending any such law, or as enacting as new law, any matter contained in the code as thus amended and supplemented. In case of any inconsistency arising through omission or otherwise between the provisions of any section of this Act and the corresponding portion of legislation heretofore enacted, effect shall be given for all purposes whatsoever to such enactments.

(a) That copies of this Act printed at the Government Printing Office and bearing its imprint shall be conclusive evidence of the original in the custody of the Secretary of State.

(b) That this supplement may be cited as “U. S. C. Sup. I.” Sec. 2, act of May 29, 1928 (45 Stat. 1008); U. S. C., Sup. I, Preamble.

In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States

(a) The matter set forth in the edition of the Code of Laws of the United States current at any time shall, together with the then current supplement, if any, establish prima facie the laws of the United States, general and permanent in their nature, in force on the day preceding the commencement of the session following the last session the legislation of which is included.

(d) Supplements to the Code of Laws of the United States and to the Code of the District of Columbia may be cited, respectively, as “U. S. C., Sup. and "D. C. Code, Sup. ," the blank in each case being filled with Roman figures denoting the number of the supplement.

(e) New editions of each of such codes may be cited, respectively, as “U. S. C.,

ed.," and "D. C. Code, ed.," the blank in each case being filled with figures denoting the last year the legislation of which is included in whole or in part. Sec. 4, act of May 29, 1928 (45 Stat. 1007); sec. 3, pub, res. of Mar. 2, 1929 (45 Stat. 1541); 1 U. 8. C. 54.

That copies of the Code of Laws relating to the District of Columbia, when and if completed, and copies of the supplements provided for by this Act, printed at the Government Printing Office and bearing its imprint, shall be conclusive evidence of the original of such code and supplements in the custody of the Secretary of State. Sec. 5, act of May 29, 1928 (45 Stat. 1007); 1 U. 8. C. 55.

1919. Army promotion act; continuation and repeal of prior laws.-All existing law governing the termination of active service of officers shall continue in full force and effect, except as herein modified. Sec. 7, Army promotion act of July 31, 1935 (49 Stat. 507); 10 U. 8. C. 1028d.

This Act shall be effective the first of the month following the date of enactment of this Act, and all laws and parts of laws, insofar as they are inconsistent with or in conflict with any of the provisions hereof, are hereby repealed as of that date. Sec. 8, Army promotion act of July 31, 1935 (49 Stat. 507).

1920. National Defense Act; prior laws continued in force.-All existing laws pertaining to or affecting the United States Military Academy and civilian or

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military personnel on duty thereat in any capacity whatever, the officers and enlisted men on the retired list, the detached and additional officers under the Act of Congress approved March third, nineteen hundred and eleven, recruiting parties, recruit depots, and unassigned recruits, service-school detachments, United States disciplinary barracks guards, disciplinary organizations, the Philippine Scouts, and Indian scouts shall continue and remain in force except as herein specifically provided otherwise. Sec. 22, act of June 3, 1916 (39 Stat. 181).

For act of Mar, 3, 1911, see 36 Stat. 1045.

1921. National Defense Act; repeal of prior laws.-All laws and parts of laws in so far as they are inconsistent with this Act are hereby repealed. Sec. 128, act of June 3, 1916 (39 Stat. 217).

That all laws and parts of laws in so far as they are inconsistent with this Act are hereby repealed. Sec. 52, act of June 4, 1920 (41 Stat. 787).

1922. Pay Readjustment Act; date effective and repeal of prior laws.—That the provisions of this Act shall be effective beginning July 1, 1922, and all laws and parts of laws which are inconsistent herewith or in conflict with the pro visions hereof are hereby repealed as of that date. Sec. 22, act of June 10, 1922 (42 Stat. 633); 37 U. 8. C. 31.

The compilers of the United States Code have not followed the recommendation of the War Department (Op. J. A. G. 010.3, Nov. 12, 1929, p. 320) that this section, based on section 22, act of June 10, 1922 (42 Stat. 633) ; 37 U.S. C. 31, be omitted as fully executed.

1923. State statutes; procurement by Secretary of State.-The Secretary of State shall procure from time to time such of the statutes of the several States as may not be in his office. R. S. 206; 5 U. S. C. 161.

1924. State statutes; biennial index to be prepared by Librarian of Congress.That the Librarian of Congress is hereby authorized and directed to prepare and to report to Congress biennially an index to the legislation of the States of the United States enacted during the biennium, together with a supplemental digest of the more important legislation of the period. Sec. 1, act of Feb. 10, 1927 (44 Stat. 1066); 2 U. S. C. 164.

Provided, That so much of the Act approved February 10, 1927, as requires the Librarian to biennially report to Congress an index and digest of State legislation is repealed, and the Librarian of Congress is directed to have such indexes and digests printed and bound for official distribution only. Sec. 1, act of Feb. 28, 1929 (45 Stat. 1398); 2 U. S. C. 164.

CHAPTER 34

SUPPLIES AND SERVICES (PROCUREMENT)

In general, 1925.

| Distinctive equipment, from Post Office DeInterdepartmental procurement :

partment, 1961. In general, 1926.

Fuel: War supplies, 1927.

In general, 1962. Procurement of military supplies :

Inspection and measurement, 1963. It's Advertising requirements, 1928

From Alaska fields, 1964. Bids, 1929.

Gas, price limit, 1965. Compulsory orders, 1930.

Gas, electricity, water; measured by metered Government manufacture, 1931.

readings, 1966. Designation by name of contractor, 1932. Helium : Preference for domestic production, 1933. Procurement through Bureau of Mines, Reserve stocks, 1934,

1967. From Department of Agriculture, 1935. Transfer of appropriations, 1968. From Department of Justice, 1936.

Rights reserved in leasing lands, 1969. From District of Columbia Reformatory, Medical supplies, 1970. 1937.

Motor vehicles : From Indians, 1938.

In general, 1971. From Navy Department, 1939.

Specifications, 1972. From narcotic farms, Treasury Depart. Munitions, educational orders, 1973. ment, 1940.

Newspapers, 1974. From Procurement Division, Treasury De- Nitrates, 1976. partment, 1941.

Ordnance and ordnance stores : Aircraft and apportenances :

In general, 1976. In general, 1942.

Supervision, 1977. Number authorized, 1943.

From Navy Department, 1978. Development and test of rotary-wing type, Portable stoves and ranges, for experimental 1944.

purposes, 1979. Animals :

Stationery supplies through Public Printer, In general, 1945.

1980. Donations to encourage breeding, 1946. Steel, 1981. Purchase from officers ordered overseas, Telegraph service, priority of Government 1947,

business, 1982. Books and periodicals :

Telephone service, restriction on Use, 1983. In general, 1948,

Timber, condemnation, 1984. From Library of Congress, 1949.

Gauges, dies, Jigs, and tools, 1985.
Brooms, brushes, and mops :

Transportation :
From Leavenworth Penitentiary, 1950. In general, 1986.
From Committee on Blind-made Products, By land-grant railroads, 1987.
1951.

By motor-vehicle carrier, 1988.
Building material:

Transportation facilities, 1989. From Department of Agriculture, 1952. Typewriters: From Eagle Blufr Reservation, Wisconsin, From Procurement Division, Treasury De. 1953.

partment, 1990. Bunting, 1954.

Price limits, 1991.
Cartridge cloth, 1955.

Services by Executive Departments :
Chemical warfare and signal supplies, 1956. In general-
Commissary supplies :

For Federal Alcohol Administration, Supervision of procurement, 1957.

1992. Procurement in general, 1958.

For Federal Farm Board, 1993. Exceptional articles, 1959.

For Foreign-Trade Zone Boards, 1994. Cotton fabrics and canvas, from Atlanta For International Joint Commission, Penitentiary, 1960.

1995.

Services by Executive Departments Con. Services by Executive Departments-Con.
In general-Continued.

By Bureau of Standards—Continued.
For Interstate Commerce Commission, Testing of material, 2004.
1996.

Development of specifications, 2005.
For National Park Service, 1997.

By Department of Agriculture
For Reconstruction Finance Corpora- Food inspection, 2006.
tion, 1998.

By Department of Justice
For United States Tariff Commission, Condemnation proceedings, 2007.
1999.

Construction and repair, 2008.
For Veterans' Administration, 2000. By Geological Survey-
By Bureau of Mines

Investigation and research, 2009.
Investigation and research, 2001.

Mapping and surveying, 2010.
Testing of fuel, 2002.

By Navy Department; in general, 2011. By Bureau of Standards

By Public Health Service; in general, Investigation and research, 2003.

2012. 1925. In general.-All purchases and contracts for supplies or services for the military and naval service shall be made by or under the direction of the chief officers of the Departments of War and of the Navy, respectively.

And all agents or contractors for supplies or services as aforesaid shall render their accounts for settlement to the accountant of the proper department for which such supplies or services are required, subject, nevertheless, to the inspection and revision of the officers of the Treasury in the manner before prescribed. R. S. 3714; 8cc. 1, act of Feb. 27, 1879 (19 Stat. 249); 10 U. S. C. 1191; 34 U.S. C. 560.

Hereafter, in addition to such other duties as may be assigned him by the Secretary of War, the Assistant Secretary of War, under the direction of the Secretary of War, shall be charged with supervision of the procurement of all military supplies and other business of the War Department pertaining thereto and the assurance of adequate provision for the mobilization of matériel and industrial organizations essential to wartime needs.

Under the direction of the Secretary of War chiefs of branches of the Army charged with the procurement of supplies for the Army shall report direct to the Assistant Secretary of War regarding all matters of procurement. Sec. 5a, added to act of June 3, 1916, by sec. 5, act of June 4, 1920 (41 Stat. 764); 10 U. S. C. 1193.

The function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency is transferred to a Procurement Division in the Treasury Department, at the head of which shall be a Director of Procurement, by Executive Order No. 6166 of June 10, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended. By Title I, act of March 15, 1934 (48 Stat. 437), making appropriations for the Treasury Department and subsequent appropriation acts, the several departments and establishments of the Government were authorized to transfer to the Treasury Department sufficient funds to cover the compensation of employees transferred to the Procurement Division hereunder.

1926. Interdepartmental procurement of supplies and services.-(a) Any executive department or independent establishment of the Government, or any bureau or office thereof, if funds are available therefor and if it is determined by the head of such executive department, establishment, bureau, or office to be in the interest of the Government so to do, may place orders with any other such department, establishment, bureau, or office for materials, supplies, equipment, work, or services of any kind that such requisitioned Federal agency may be in a position to supply or equipped to render, and shall pay promptly by check to such Federal agency as may be requisitioned, upon its written request, either in advance or upon the furnishing or performance thereof, all or part of the estimated or actual cost thereof as determined by such department, establishment, bureau, or office as may be requisitioned; but proper adjustments on the basis of the actual cost of the materials, supplies, or equipment furnished, or work or services performed,

paid for in advance, shall be made as may be agreed upon by the departments, establishments, bureaus, or offices concerned: Provided, however, That if such work or services can be as conveniently or more cheaply performed by private agencies such work shall be let by competitive bids to such private agencies. Bills rendered, or requests for advance payments made, pursuant to any such order, shall not be subject to audit or certification in advance of payment.

(b) Amounts paid as provided in subsection (a) shall be credited, (1) in the case of advance payments, to special working funds, or (2) in the case of payments other than advance payments, to the appropriations or funds against which charges have been made pursuant to any such order, except as hereinafter provided. The Secretary of the Treasury shall establish such special working funds as may be necessary to carry out the provisions of this subsection. Such amounts paid shall be available for expenditure in furnishing the materials, supplies, or equipment, or in performing the work or services, or for the objects specified in such appropriations or funds. Where materials, supplies, or equipment are furnished from stocks on hand, the amounts received in payment therefor shall be credited to appropriations or funds, as may be authorized by other law, or, if not so authorized, so as to be available to replace the materials, supplies, or equipment, except that where the head of any such department, establishment, bureau, or office determines that such replacement is not necessary the amounts paid shall be covered into the Treasury as miscellaneous receipts.

(c) Orders placed as provided in subsection (a) shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors. Advance payments credited to a special working fund shall remain available until expended Sec 1, act of Mar. 4, 1915 (38 Stat. 1084); sec. 7, act of May 21, 1920 (41 Stat. 613); sec. 601, Title VI, Part II, act of June 30, 1932 (47 Stat. 417); 31 U. S. C. 686.

(a) Notwithstanding the provisions of this title, such section 7, as in force prior to the date of the enactment of this Act, shall remain in force with respect to the disposition of funds transferred thereunder prior to such date.

(b) Nothing in this title shall be construed to authorize any Government department or independent establishment, or any bureau or office thereof, to place any orders for material, supplies, equipment, work, or services to be furnished or performed by convict labor, except as otherwise provided by existing law.

(c) The provisions of this title are in addition to and not in substitution for the provisions of any other law relating to working funds. Sec. 602, Title VI, Part II, act of June 30, 1932 (47 Stat. 418); 31 U. S. C. 6866.

After June 30, 1936, advance payments under the provisions of Title VI, Part II, of the Legislative Appropriation Act for the fiscal year 1933, shall have no longer period of availability for obligation than the appropriation from which such advance payments are made. Sec. 8, Title IV, act of June 22, 1936 (49 Stat. 1648).

For services by Executive Departments generally for specific establishments, see 1992, post, et seq. For services by specific departments or agencies (except War Department) for Executive Departments generally, see 2001, post, et seg. For interdepartmental services by War Department, see 2105, post, et seq.

Notes of Decisions Adjustment of appropriations.—The au- statutes, such as those contained in the first thority conferred npon the Comptroller Gen- paragraph of this section concerning proeral by 1650, ante, to prescribe regulations cedure for adjustment of appropriations for accounting purposes does not give him where services have been performed by one the right to prescribe regulations which are department for another. (1934) 37 Op. Atty. in conflict with specific provisions of other | Gen. 559.

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