"As to what are called 'the papers supplementary thereto,' section 73 of the act of 1895 fixes the number at 1,500. As the legislation of 1902 does not refer to those papers, it does not change this number, nor, as to them, abrogate the provision of sec. 54 of this act requiring the usual number, or 1,682 copies. Therefore this last number is to be Sec. 74. Ownership of Government publications. Government publications furnished to judicial and executive officers of the United States for their official use shall not become the property of these officers, but on the expiration of their official term shall be by them delivered to their successors in office and all Government publications delivered to designated depositories or other libraries shall be for public use without charge.--(28 Stat. 620, ch. 23.) EDITORIAL NOTES This section was amended by an act of June 20, 1936, ch. 630, title VII, sec. 11, 49 Stat. 15521553. Sec. 11 of the act of June 20, 1936, supra, reads as follows: "Sec. 11. That chapter 23, section 74 (28 Stat. 620), of the Printing Act, approved January 12, 1895 (U.S. C., title 44, sec. 92), relating to the ownership of publications furnished Government officers for official use, be, and is hereby, amended to read as follows: "92. GOVERNMENT PUBLICATIONS SHALL REMAIN PUBLIC PROPERTY. --All Government publications furnished by authority of law to officers (except mem bers of Congress) of the United States Government, This section, as amended, is embodied in the U.S. Code as sec. 92 of title 44. Sec. 77. Preparation and sale of maps, charts and nautical books. The Secretary of the Navy is authorized to cause to be prepared at the Hydrographic Office attached to the Bureau of Navigation, in the Navy Department, maps, charts, and nautical books relating to and required in navigation, and to publish and furnish them to navigators at the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, charts, navigators' sailing directions and instructions as he may consider necessary and when he may deem it expedient to do so, and under such regulations and instructions as he may prescribe. All moneys which may be received from the sale of maps, charts, and nautical books shall be paid by the Secretary of the Navy into the Treasury of the United States, to be used in the further preparation and publication of maps, charts, navigators' sailing directions, and instructions for the the use of seamen, to be sold at the coast of printing and paper.--(28 Stat. 621, ch. 23.) EDITORIAL NOTES By act of May 13, 1942, ch. 303, 56 Stat. 276, the designation "Bureau of Navigation" was changed to "Bureau of Naval Personnel". The first paragraph of this section, with "Bureau of Naval Personnel" substituted for "Bureau of Navigation", is embodied in the U.S. Code as sec. 458 of title 5. The first paragraph of this section superseded sec. 432, R.S. Sec. 432, R. S., which was derived from an act of June 21, 1866, ch. 129, sec. 2, 14 Stat. 69 read as follows: "Sec. 432. The Secretary of the Navy is authorized to cause to be prepared, at the Hydrographic Office attached to the Bureau of Navigation in the Navy Department, maps, charts, and nautical books relating to and required in navigation, and to publish and furnish them to navigators at the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, charts, navigators, sailing directions and instructions, as he may consider necessary, and when he may deem it expedient to do so, and under such regulations and instructions as he may prescribe." Sec. 432, R. S., was construed by the Attorney General in an opinion dated Sept. 10, 1878 (16 p. Atty. Gen. 127). The second paragraph of this section was superseded by a provision in an act of May 29, 1920, ch. 214, 41 Stat. 631, 665. It superseded sec. 433, R. S. Sec. 433, R. S. which was derived from an act of June 21, 1866, ch. 129, sec. 3, 14 Stat. 69, and expressly repealed by an act of Mar. 3, 1933, ch. 202, 47 Stat. 1428-1431, read as follows: "Sec. 433. All moneys which may be received from the sale of maps, charts, and nautical books shall be returned by the Secretary of the Navy into the Treasury of the United States, to be used in the further preparation and publication of maps, charts, navigators, sailing directions, and instructions for the use of seamen, to be sold at the rates as set forth in the preceding section." Sec. 78. Restriction upon use of appropriations for foreign hydrographic surveys. All appropriations made for the preparation or publication of foreign hydrographic surveys shall only be applicable to their object, upon the approval by the Secretary of the Navy, after a report from three competent naval officers to the effect that the original data for proposed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data before he shall approve of any application of moneys to the pi eparation or publication of such charts or hydrographie surveys.--(28 Stat. 621, ch. 23.) EDITORIAL NOTES This section is embodied in the U. S. Code as sec. 265 of title 44. This section superseded sec. 3686, R. S. Sec. 3686, R. S., which was derived from an act of Feb. 21, 1861, ch. 49, sec. 7, 12 Stat. 150-151, read as follows: "Sec. 3686. All appropriations made for the preparation or publication of foreign hydrographic surveys shall only be applicable to their object, upon the approval by the Secretary of the Navy, after a report from three competent naval officers, to the effect that the original data for proposed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data, before he shall approve of any application of money to the preparation or publication of such charts or hydrographic surveys." CASE NOTE Scope and operation of section. This section "is applicable to those appropriations which are expressly provided for and in terms restricted to the preparation or publication of foreign hydrographic surveys. This section "is inapplicable to the preparation or publication of surveys of foreign areas executed by our own Government or to data obtained from foreign governments, so long as expenditures for such purposes are made from annual naval appropriations which do not expressly restrict their use to the preparation or publication of foreign hydrographic surveys. (File QB/HI-18 (271123), Apr. 25, 1939, C.M. O. 1-1939, p. 93.) Sec. 80. Time allowed for furnishing copy and illustrations to Public Printer. No document or report to be illustrated or accompanied by maps shall be printed by the Public Printer until the illustrations or maps designed therefor shall be ready for publication; and no order for public printing shall be acted upon by the Public Printer after the expiration of one year, unless the entire copy and illustrations for the work shall have been furnished within that period ***.--(28 Stat. 621, ch. 23.) EDITORIAL NOTE This section is embodied in the U. S. Code as sec. 115 of title 44. Sec. 86. Restrictions upon printing and binding at Government Printing Office; binding materials./ No printing or binding shall be done at the Government Printing Office unless authorized by law. Binding for the Departments of the Government shall be done in plain sheep or cloth, except that record and account books may be bound in Russia leather, sheep fleshers, and skivers, when authorized by the head of a Department: Provided,, The libraries of the several Departments, the Library of Congress, the libraries of the Surgeon-General's Office, the Patent Office, and the Naval Observatory may have books for the exclusive use of said libraries bound in half Turkey, or material no more expensive.--(28 Stat. 622, ch. 23.) Sec. 89. Restriction upon printing for executive departments; limitation on number of copies of annual reports, etc.; printing of maps, charts, and nautical books; bureau reports. No printing shall be done for the Executive Departments in any fiscal year in excess of the amount of the appropriation, and none shall be done without a special requisition, signed by the chief of the Department and filed with the Public Printer. No report, publication, or document shall be printed in excess of the number of one thousand of each in any one fiscal year without authorization therefor by Congress, except that of the annual report of the head of the Department without appendices there may be printed in any one fiscal year not to exceed five thousand copies, bound in pamphlet form; and of the reports of chiefs of bureaus without appendices there may be printed in any one fiscal year not to exceed two thousand five hundred copies, bound in pamphlet form: *** and the Secretary of the Navy may authorize the printing of the charts, maps, notices to mariners, tide tables, light lists, sailing directions, bulletins, and other special publications of the Hydrographic Office in such editions as the interests of the Government and of the public may require. Heads of Executive Departments shall direct whether reports made to them by bureau chiefs and chiefs of divisions shall be printed or not.--(28 Stat..622-623, ch. 23.) Sec. 90. Documents, bills, etc., to be ordered by executive departments. The heads of Executive Departments, and such executive officers as are not connected with the Departments, respectively, shall cause daily examination of the Congressional Record for the purpose of noting documents, reports, and other publications of interest to their Departments, and shall cause an immediate order to be sent to the Public Printer for the number of copies of such publications required for official use, not to exceed, however, the number of bureaus in the Department and divisions in the office of the head thereof. The Public Printer shall send to each Executive Department and to each executive office not connected with the Departments, as soon as printed, five copies of all public bills and resolutions, except the State Department, to which shall be sent ten copies of bills and resolutions. When the head of a Department desires a greater number of any class of bills or resolutions for official use, they shall be furnished by the Public Printer on requisition promptly made.--(28 Stat. 623, ch. 23; 49 Stat. 1553, ch. 630, title IX.) EDITORIAL NOTES This section was expressly amended to read as above by act of June 20, 1936, ch. 630, title IX, sec. 14, 49 Stat. 1553. This section, as amended, embodied in the U.S. Code as sec. 215 of title 44. CASE NOTES Scope and operation of section.- "This section provides for furnishing to the heads of Executive Departments 'documents, reports, and other publications of interest to their Departments,' in a number of copies required for official use not exceeding 'the number of bureaus in the Department and divisions in Sec. 91. /Printing of reports which accompany annual reports. The annual reports of executive officers shall be printed in the same type and form as the report of the head of the Department which it accompanies, unless otherwise ordered by the Joint Committee on Printing.--(28 Stat. 623, ch. 23.) EDITORIAL NOTE This section is embodied in the U. S. Code as sec. 222 of title 44. CROSS REFERENCE Form and style of printing and binding: see sec. 51 of this act. Sec. 92. Departmental distribution of Government publications. Government publications printed for or received by the Executive Departments, whether for official use or for distribution, shall be distributed by a competent person detailed to such duty in each Department by the head thereof. He shall keep an account in detail of all publications received and distributed by him. He shall prevent duplication, and make detailed report to the head of the Department, who shall transmit the same annually to Congress.--(28 Stat. 623, ch. 23.) EDITORIAL NOTES This section was amended by the first section of an act of May 29, 1928, ch. 901, 45 Stat. 986-996 which repealed the requirement of this section as to the transmittal to Congress of detailed reports of publications received and distributed. This section, with "except such as are required by section 95 of this title to be distributed by the Public Printer", inserted therein and "who shall transmit the same annually to Congress" omitted therefrom, is embodied in the U.S. Code as sec. 96 of title 44. CROSS REFERENCES Distribution of departmental publications: see act of Aug. 23, 1912, ch. 350, sec. 8, 37 Stat. 414415. Ownership of Government publications: see sec. 74 of this act, as amended. Printing, binding and distribution of extra copies of certain documents: see sec. 73 of this act, as amended. Sec. 93. Certificates of necessity; estimates of cost; requisitions for work; charging of appropriations. When any Department, the Supreme Court, the Court of Claims, or the Library of Congress shall require printing or binding to be done it shall be on certificate that such work be necessary for the public service; whereupon the Public Printer shall furnish an estimate of the cost by the principal items for such printing or binding so called for, after which requisitions shall be made upon him therefor by the head of such Department, the Clerk of the Supreme Court, Chief Justice of the Court of Claims, or the Librarian of Congress; and the Public Printer shall place the cost thereof to the debit of such Department in its annual appropriation for printing and binding.--(28 Stat. 623, ch. 23.) EDITORIAL NOTE This section is embodied in the U.S. Code as sec. 117 of title 44. CROSS REFERENCES Charging of appropriations with cost of printing and binding for executive departments: see joint resolution (No. 13) of Mar. 30, 1906, 34 Stat 825-826. Printing of periodicals: see joint resolution of May 11, 1922, ch. 189, 42 Stat. 541, as amended. Restriction upon use of appropriations for printing and binding: see act of Mar. 3, 1905, ch. 1483, 33 Stat. 1213. CASE NOTES Scope and operation of section. - "The provisions of this section make it the duty of the Public Printer to furnish an estimate of the cost of printing and binding required by any Department to be done by him. Upon a cursory examination of the statutes it appears that at the time this act was passed the only work required by law to be done by the Public Printer was printing and binding, including the procurement of the necessary materials and machinery there for, and of lithographing and engraving required in connection therewith. "While therefore the specific terms of this section apply to printing and binding only, it would not be unreasonable to infer there from that it was the intention of Congress to include therein all work required by law to be done by the Public FrintI think therefore they should be construed to apply to other work required by subsequent statutes to be done by him. er. "The preparation of the estimates provided for necessarily requires the exercise of judgment and discretion. The duty of their preparation having been imposed by law upon the Public Printer, his exercise of judgment and discretion therein is not ordinarily subject to review by any other executive officer. "I do not understand, however, that the amount of the estimate made by the Public Printer must necessarily be charged against the appropriation applicable to the work to be done by him. The amount to be so charged, I understand, is the actual cost of the work done, to be determined by him after it has been completed. The amount so determined may of course vary from the amount previously estimated. It may also be observed that in determining the amount of the actual cost of work done, the exercise of judgment and discretion is often necessary. And as by necessary implication the exercise of this discretion has also been confided to the Public Printer, his determination of the amount thereof must ordinarily be conclusive." (9 Comp. Dec. 29, 31-32, July 28, 1902.) "The act of January 12, 1895, supra, requires the requisition to specify the work to be done by the principal items and the cost of doing the work forms the basis of the charge against the allotment. "Estimates and charges for work on the basis of a continuing salary and a continuing overhead charge regardless of the amount of the work done or to be done are not authorized. The charge against the allotment should be for work performed and results accomplished and not for services rendered. Requisition and charges for services independent of the cost of doing the particular work are not authorized." (17 Comp. Dec. 475, 478, Jan. 7, 1911.) Sec. 94. Restriction upon printing for executive departments. No head of any Executive Department, or of any bureau, branch, or office of the Government, shall cause to be printed, nor shall the Public Printer print, any document or matter except that which is authorized by law and necessary to the public business; and executive officers, before transmitting their annual reports, shall carefully examine the same and all accompanying documents, and exclude therefrom all matter, including engravings, maps, drawings, and illustrations, except such as they shall certify in their letters transmitting such reports are necessary and relate entirely to the transaction of the public business.--(28 Stat. 623, ch. 23.) Sec. 95. Exchange of documents. Heads of Departments are authorized to exchange surplus documents for such other documents and books as may be required by them, when the same can be done to the advantage of the public service.--(28 Stat. 623, ch. 23.) EDITORIAL NOTE This section is embodied in the U.S. Code as sec. 93 of title 44. Sec. 98. Libraries of executive departments, etc., designated depositories of Government publications. The libraries of the eight Executive Departments, of the United States Military Academy, and United States Naval Academy are hereby constituted designated depositories of the Government publications, and the superintendent of documents shall supply one copy of said publications, in the same form as supplied to other depositories, to each of said libraries.--(28 Stat. 624, ch. 23.) EDITORIAL NOTE This section, with the word "eight" omitted therefrom, is embodied in the U.S. Code as sec. 87. of title 44. 1895, Jan. 25. Authority to administer oaths for purposes of administration of naval justice, etc./ That judges advocate of naval general courts-martial and courts of inquiry, and all commanders in chief of naval squadrons, commandants of navy yards and stations, officers commanding vessels of the Navy, and recruiting officers of the Navy, and the adjutant and inspector, assistants adjutant and inspector, commanding officers, recruiting officers of the Marine Corps, and such other officers of the Regular Navy and Marine Corps, of the Naval Reserve Force, of the Marine Corps Reserve, and of the National Naval Volunteers as may be hereafter designated by the Secretary of the Navy, be, and they are hereby, authorized to administer oaths for the purposes of the administration of naval justice and for other purposes of naval administration.--(28 Stat. 639-640, ch. 45; 31 Stat. 1086, ch. 834; 39 Stat. 1171, ch. 180.) EDITORIAL NOTES This act was expressly amended and reenacted to read as above by act of Mar. 4, 1917, ch. 180, 39 Stat. 1168, 1171. It had previously been expressly amended and reenacted by act of Mar. 3, 1901, ch. 834, 31 Stat. 1086. |