페이지 이미지
PDF
ePub

the War Department be in excess of the price current at the time the issue is made. Act of Feb. 28, 1929 (45 Stat. 1373), making appropriations for the support of the War Department.

A provision similar to second paragraph has appeared in prior and subsequent appropriation acts. The words italicized were omitted in the act for the year 1939,

2022. Military supplies; sale, loan, or gift, to contractors or manufacturers.-That the Secretary of War is hereby authorized, in his discretion and under rules, regulations, and limitations to be prescribed by him, to sell, loan, or give to contractors and private firms which are or may likely be manufacturers or furnishers of supplies and equipment for the use of the War Department or of the Army, under approved production plans, such drawings, manufacturing and other information, and samples of supplies and equipment to be manufactured or furnished, as he may consider will best promote the interests of national defense. Act of July 27, 1937 (50 Stat. 535); 10 U. 8. C. 1192a.

2023. Military supplies; sale to District of Columbia.—That the commissioners and other responsible officials, in expending appropriations contained in this Act, so far as possible shall purchase material, supplies, including food supplies and equipment, when needed and funds are available, in accordance with the regulations and schedules of the General Supply Committee (Procurement Division of the Treasury Department) or from the various services of the Government of the United States possessing material, supplies, passenger-carrying and other motor vehicles, and equipment no longer required because of the cessation of war activities. Surplus articles purchased from the Government, if the same have not been used, shall be paid for at a reasonable price, not to exceed actual cost, and if the same have been used, at a reasonable price based upon length of usage. The various services of the Government of the United States are authorized to sell such surplus articles to the municipal government under the conditions specified, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts: Provided, That this section shall not be construed to amend, alter, or repeal the Executive order of December 3, 1918, concerning the transfer of office materials, supplies, and equipment in the District of Columbia falling into disuse because of the cessation of war activities. Sec. 6, act of Feb. 25, 1929 (45 Stat. 1299), making appropriations for the District of Columbia.

A similar provision has appeared in prior and subsequent appropriation acts.

The words italicized were omitted and those in brackets added in the act for the year 1935.

2024. Military supplies; issue to educational institutions.—That the Secretary of War is authorized to issue, at his discretion and under such regulations as he may prescribe, such quartermaster supplies and stores belonging to the Goyernment, and which can be spared for that purpose, as may appear to be required for the establishment and maintenance of military instruction camps by the students of any educational institution to which an officer of the Army is detailed as professor of military science and tactics, and the Secretary of War shall require a bond in each case in the value of the property for the care and safe-keeping thereof and for the return of the same when required. Act of May 18, 1916 (39 Stat. 123); 10 U. S. C. 1182.

The Secretary of War is hereby authorized under such regulations as be may prescribe, to issue such arms, tentage, and equipment as he shall deem necessary for proper military training to schools and colleges, other than those provided for in section 40 of this Act, having a course of military training prescribed by the Secretary of War and having not less than one hundred physically fit male students above the age of fourteen years;

Sec. 55c, added to the

[ocr errors][merged small][ocr errors]

act of June 3, 1916, by sec. 35, act of June 4, 1920 (41 Stat. 780); 10 U. S. C. 1180.

The text of this section as published in the 1929 Edition, based on act of February 28, 1929 (45 Stat. 1386), making appropriations for the support of the War Department, is not included in the corresponding act for the fiscal year 1931 or thereafter.

2025. Military supplies; sale to educational institutions. That, under such regulations as the Secretary of War may prescribe, educational institutions to which an officer of the Army is detailed as professor of military science and tactics may purchase from the War Department for cash, for the use of their military students, such stores, supplies, matériel of war, and military publications as are furnished to the Army, such sales to be at the price listed to the Army with the cost of transportation added : Provided, That all moneys received from the sale of stores, supplies, matériel of war, and military publications to educational institutions to which an officer of the Army is detailed as professor of military science and tactics shall respectively revert to that appropriation out of which they were originally expended and shall be applied to the purposes for which they are appropriated by law. Act of July 17, 1914 (38 Stat. 512); 10 U. 8. C. 1179.

The second paragraph of this section as published in the 1929 Edition, based on section 1, act of February 28, 1919 (40 Stat. 1194); 39 U. S. C. 467, should be eliminated as executed (J. A. G. 010.3, Oct. 20, 1930, p. 129).

For first paragraph, see 2035, 2074, post; for third paragraph, 2074, post.

2026. Military supplies; issue to the National Museum.-That the Secretary of War be, and he hereby is, authorized to furnish to the National Museum, for exhibition, upon request therefor by the administrative head thereof, such articles of arms, matériel, equipment, or clothing as have been issued from time to time to the United States Army, or which have been or may hereafter be produced for the United States Army, and which are objects of general interest or of foreign or curious research, provided that such articles are surplus or can be spared. Sec. 1, act of Mar. \, 1921 (41 Stat. 1438); 20 U. S. C. 60.

In regard to disposal of flags see 929, ante.

By act of June 10, 1937 (50 Stat. 252), the Administrator of the Works Progress Administration was authorized to lend or give any World War relics, quartermaster or medical supplies and equipment located at Fort Eustis, Virginia, to the American Legion Museum at Newport News, Virginia.

2027. Military supplies; issue to National Guard. The Secretary of War is hereby authorized to procure, under such regulations as the President may prescribe, by purchase or manufacture, within the limits of available appropriations made by Congress, and to issue from time to time to the National Guard, upon requisition of the governors of the several States and Territories or the commanding general of the National Guard of the District of Columbia, such number of United States service arms, with all accessories, field artillery matériel, engineer, coast artillery, signal and sanitary matériel, accouterments, field uniforms, clothing, equipage, publications, and military stores of all kinds, including public animals, as are necessary to arm, uniform, and equip for field service the National Guard in the several States, Territories, and the District of Columbia :

Sec. 83, act of June , 1916 (39 Stat. 203); 32 U. 8. C. 33.

* Provided, That the Secretary of War is hereby directed [authorized] to issue from surplus or reserve stores and material on hand and purchased for the United States Army such articles of clothing and equipment and field artillery, engineer, and signal material and ammunition as may be needed by the National Guard organized under the provisions of the Act entitled “An Act for

*

making further and more effectual provision for the national defense, and for other purposes," approved June 3, 1916 (U. S. C., p. 1034, sec. 21), as amended. This issue shall be made without charge against militia (National Guard) appropriations except for actual expenses incident to such issue. Act of Feb. 28, 1929 (15 Stat. 1369), making appropriations for the support of the War Department; 32 U. 8. C. 44.

Appropriations for the supply of the National Guard are made regularly in acts for the support of the Army.

The first paragraph of this section is part of sec. 83 of the national defense act. Secs. 83, 84, 85, of the national defense act, probably supersede sec. 13, act of Jan. 21, 1903 (32 Stat. 777), as amended by sec. 8, act of May 27, 1908 (35 Stat. 401), which was as follows:

“The Secretary of War is hereby authorized to procure, by purchase or manufacture, and issue from time to time to the Organized Militia, under such regulations as he may prescribe, such number of the United States service arms, together with all accessories and such other accouterments, equipments, uniforms, clothing, equipage, and military stores of all kinds required for the Army of the United States, as are necessary to arm, uniform, and equip all of the Organized Militia in the several States, Territories, and the District of Columbia, in accordance with the requirements of this Act, without charging the cost or value thereof, or any expense connected therewith, against the allotment of said State, Territory, or the District of Columbia, out of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes as amended, or requiring payment therefor, and to exchange, without receiving any money credit therefor, ammunition or parts thereof suitable to the new arms, round for round for corresponding ammunition suitable to the old arms heretofore issued to said State. Territory, or the District of Columbia by the United States : Provided, That said property shall remain the property of the United States, except as hereinafter provided, and be annually accounted for by the governors of the States and Territories as required by law, and that each State, Territory, and the District of Columbia shall, on receipt of new arms or equipments, turn in to the War Department, or otherwise dispose of in accordance with the directions of the Secretary of War, without receiving any money credit therefor and without expense for transportation, all United States property so replaced or condemned. When the Organized Militia is uniformed as above required, the Secretary of War is authorized to fix an annual clothing allowance to each State, Territory, and the District of Columbia for each enlisted man of the Organized Militia thereof, and thereafter issues of clothing to such States, Territories, and the District of Columbia shall be in accordance with such allowance, and the governors of the States and Territories and the commanding general of the militia of the District of Columbia shall be authorized to drop from their returns each year as expended clothing corre sponding in value to such allowance. The Secretary of War is hereby further authorized to issue from time to time to the Organized Militia, under such regulations as he may prescribe, small arms and artillery ammunition upon the requisition of the governor, in the proportion of fifty per centum of the corresponding Regular Army allowance, without charge to the State's allotment from the appropriation under sections sixteen hundred and sixty-one, Revised Statutes, as amended. To provide means to carry into effect the provisions of this section, the necessary money to cover the cost of procuring, exchanging, or issuing of arms, accouterments, equipments, uniforms, clothing, equipage, ammunition, and military stores to be exchanged or issued hereunder is hereby appropriated out of any money in the Treasury not otherwise appropriated : Provided, That the sum expended in the execution of the purchases and issues provided for in this section shall not exceed the sum of two million dollars in any fiscal year: Provided also, That the Secretary of War ghall annually submit to Congress a report of expenditures made by him in the execution of the requirements of this section."

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. 18) that the second paragraph of this section, based on War Department Appropriation Act of February 28, 1929 (45 Stat. 1369), and subsequent appropriation acts, 32 U. S. C. 44, be omitted from the code as temporary.

In the act for the fiscal year 1939, the italicized words were omitted and the words in brackets inserted.

2028. Military supplies; sale to National Guard.--Provided further, That whenever it shall be shown to the satisfaction of the Secretary of War that the National Guard of any State, Territory, or the District of Columbia, is properly

[merged small][ocr errors][ocr errors]

organized, armed, and equipped for field service, funds allotted to that State, Territory, or District for the support of its National Guard may be used for the purchase, from the War Department, of any article issued by any of the supply departments of the Army. Sec. 83, act of June 3, 1916 (39 Stat. 204); 32 U. 8. C. 33.

Any State, Territory, or the District of Columbia may, with the approval of the Secretary of War, purchase for cash from the War Department for the use of the National Guard, including the officers thereof, any stores, supplies, material of war, and military publications furnished to the Army, in addition to those issued under the provisions of this Act, at the price at which they shall be listed to the Army, with cost of transportation added. The funds received from such sale shall be credited to the appropriation to which they shall belong, shall not be covered into the Treasury, and shall be available until expended to replace therewith the supplies sold to the States in the manner herein authorized: * * Sec. 86, act of June 3, 1916 (39 Stat. 204); 32 U. 8. C. 39.

The second paragraph of this section probably superseded sec. 17, act of Jan. 21, 1903 (32 Stat, 778), which was as follows:

"The annual appropriation made by section sixteen hundred and sixty-one, Revised Statutes, as amended, shall be available for the purpose of providing for issue to the organized militia any stores and supplies or publications which are supplied to the Army by any department. Any State, Territory, or the District of Columbia may, with the approval of the Secretary of War, purchase for cash from the War Department, for the use of its militia, stores, supplies, material of war, or military publications, such as are furnished to the Army, in addition to those issued under the provisions of this Act, at the price at which they are listed for issue to the Army, with the cost of transportation added, and funds received from such sales shall be credited to the appropriations to which they belong and shall not be covered into the Treasury, but shall be available until expanded to replace therewith the supplies sold to the States and Territories and to the District of Columbia in the manner herein provided." 2029. Military supplies; utilization by Organized Reserves.

available supplies and existing facilities at military posts shall be utilized to the fullest extent possible (practicable]. Act of Feb. 28, 1929 (45 Stat. 1371), making appropriations for the support of the War Department. A similar provision has appeared in prior and subsequent appropriation acts.

2030. Military supplies; issue to Reserve Officers' Training Corps.- The Secre. tary of War, under such regulations as he may prescribe, is hereby authorized to issue to institutions at which one or more units of the Reserve Officers' Training Corps are maintained such public animals, transportation, arms, ammunition, supplies, tentage, equipment, and uniforms belonging to the United States as he may deem necessary, and to forage at the expense of the United States public animals so issued, to pay commutation in lieu of uniforms at a rate to be fixed annually by the Secretary of War, and to authorize such expenditures from proper Army appropriations as he may deem necessary for the efficient maintenance of the Reserve Officers' Training Corps. He shall require from each institution to which property of the United States is issued a bond in the value of the property issued for the care and safekeeping thereof except for uniforms, expendable articles, and supplies expended in operation, maintenance, and instruction, and for its return when required. Sec. 47, act of June 3, 1916 (39 Stat. 192); sec. 34, act of June 4, 1920 (41 Stat. 777); 10 U. S. O. 389.

Provided, That uniforms and other equipment or material issued to the Reserve Officers' Training Corps in accordance with law shall be furnished from surplus or reserve stocks of the War Department without payment from this appropriation, except for actual expense incurred in the manufacture or issue : Provided further, That in no case shall the amount paid from this appro

[blocks in formation]

*

priation for uniforms, equipment, or material furnished to the Reserve Officers' Training Corps from stocks under the control of the War Department be in excess of the price current at the time the issue is made * *. Act of Feb. 28, 1929 (45 Stat. 1372), making appropriations for the support of the War Department.

A provision similar to that contained second paragraph of this section has appeared in prior and subsequent appropriation acts.

The italicized words were omitted in the act for the fiscal year 1939.

2031. Military supplies; transfer to Chief of Engineers.--That the Secretary of War be, and he is hereby, authorized and empowered, in his discretion, to transfer, free of charge, to the Chief of Engineers, United States Army, for use in the execution, under his direction, of any civil work or works authorized by Congress, such material, supplies, instruments, vehicles, machinery, or other equipment pertaining to the Military Establishment as are or may hereafter be found to be surplus and no longer required for military purposes. Sec. 8, act of June 5, 1920 (41 Stat. 1015); 10 U. S. C. 1257, 1311.

The text of this section as published in the 1929 Edition, based on sec. 1, act of Feb. 28, 1929 (45 Stat. 1400), making appropriations for the legislative branch of the Government; 44 U. S. C. 62, not repeated in the corresponding act for the fiscal year 1934, or thereafter, is omitted as expired (Memo. J. A. G., Oct. 9, 1930).

2032. Military supplies; transfer to Navy Department.-The interchange without compensation therefor of military stores, supplies, and equipment of every character, including real estate owned by the Government, is hereby authorized between the Army and the Navy upon the request of the head of one service and with the approval of the head of the other service. Act of July 11, 1919, (41 Stat. 132); 10 U. S. C. 1274.

2033. Military supplies; transfer to Public Health Service.-The Secretary of War is hereby authorized and directed to transfer without charge to the Secretary of the Treasury for the use of the Public Health Service such hospital furniture and equipment, including hospital and medical supplies, motor trucks, and other motor-driven vehicles, in good condition, not required by the War Department, as may be required by the Public Health Service for its hospitals, and the President is authorized to direct the transfer to the Treasury Department of the use of such lands or parts of lands, buildings, fixtures, appliances, furnishings, or furniture under the control of any other department of the Government not required for the purposes of such department and suitable for the uses of the Public Health Service. Sec. 3, act of Mar. 3, 1919 (40 Stat. 1303); 24 U. 8. C. 28.

The Secretary of War is authorized and directed to transfer without charge to the Secretary of the Treasury for the use of the Public Health Service such mechanical, construction, and miscellaneous material, hospital furniture and equipment, hospital and medical supplies, motor trucks, and other motor-driven vehicles, not required by the War Department, as may be required by the Public Health Service for its hospitals;

Act of Mar. 4, 1921 (41 Stat. 1365); 24 U. 8. 8. 98.

That the Secretary of War be, and he is hereby, authorized, and directed to transfer, such motor-propelled vehicles and motor equipment, including spare parts, pertaining to the Military Establishment as are or may hereafter be found to be surplus and no longer required for military purposes, to (c) the Treasury Department, for the use of the Public Health Service under the provisions of section 3 of the Act approved March 3, 1919, entitled "An Act to authorize the Secretary of the Treasury to provide hospital and san

« 이전계속 »