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PUBLIC MONEY AND FINANCE

Bureau of the Budget; establishment and | Appropriations-Continued.

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War Department-Continued.
Availability--Continued.
Organized Reserves, 1733.
Post exchanges, 1734.

Purchase of butter substitutes, 1735.
Reserve Officers' Training Corps, 1736.
Transportation of employees and ma

terials, 1737.

Travel expenses, 1738.

Inter-Bureau transfer, 1738a.

Contingent funds:

Authority for expenditure, 1742.

Advertising requirements, 1742a.

Available exclusively for purposes covered, 1744.

Corps of Engineers; availability for operation of power boats, 1747.

Field service; availability for personal services, 1748.

Quartermaster Corps; availability for rentals, 1753.

Travel expense; chargeable according to date of order, 1755. Foreign exchange, 1757.

1641. Bureau of the Budget; establishment and duties.

By Part 1. Reorganization Plan No. I, transmitted to Congress under authority of section 4, act of April 3, 1939, ante, 888c, and effective July 1, 1939, the Bureau of the Budget was transferred from the Treasury Department to the Executive Office of the President. Its duties are prescribed by Executive Order No. 8248, September 8, 1939. 1648a. General Accounting office; time limit on submission of claims.-That every claim or demand (except a claim or demand by any State, Territory, possession or the District of Columbia) against the United States cognizable by the General Accounting Office under section 305 of the Budget and Accounting Act of June 10, 1921 (42 Stat. 24), and the Act of April 10, 1928 (45 Stat. 413), shall be forever barred unless such claim, bearing the signature and address of the claimant or of an authorized agent or attorney, shall be received in said office within ten full years after the date such claim first accrued: Provided, That when a claim of any person serving in the military or naval forces of the United States accrues in time of war, or when war intervenes within five years after its accrual, such claim may be presented within five years after peace is established. Sec. 1, act of Oct. 9, 1940 (54 Stat. 1061); 31 U. S. C. 71a, 237.

Whenever any claim barred by section 1 shall be received in the General Accounting Office, it shall be returned to the claimant, with a copy of this Act, and such action shall be a complete response without further communication. Sec. 2, act of Oct. 9, 1940 (54 Stat. 1061); 31 U. S. C. 71a, 237.

For acts referred to supra, see 1654 post and 703, ante.

1654. Accounts; audit and settlement in general.

For time limit on submission of claims under this section, see 1648, ante.

1662. War Department accounts; pay of the Army.

This provision has been repeated in subsequent appropriation acts.

1669. Checks; allowance when lost.

The term "original check" as used in first paragraph of this section is defined in section 7, act of August 10, 1939 (53 Stat. 1360).

1678. Public money; advances in general.

Expenditures under public resolution of September 24, 1940 (54 Stat. 958) for construction and acquisition of land at military posts were exempted from the provisions of this section. See 946a, 988, ante.

1679. Public money; advances in foreign countries.

This provision has been repeated in subsequent appropriation acts.

1688. Proceeds of sales in general; deposit.—That, under such regulations as the Secretary of War may prescribe, the commanding officers of mounted units of the National Guard may sell all stable refuse and empty grain sacks and containers at public or private sale and apply the proceeds derived therefrom to the purchase of feed, supplementing the regular allowance and issue for the animals of the said units, and for the purchase of stable equipment, and horseshoers', saddlers', blacksmiths', and wagoners' tools not an article of issue to such organizations. R. S. 3618; sec. 1, act of Feb. 27, 1877 (19 Stat. 249); sec. 4, act of Oct. 14, 1940 (54 Stat. 1136); 31 U. S. C. 487.

This section has been amended as above.

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. 1700. Disbursing officers; designation of deputies.—* * Provided, That under such regulations as may be prescribed by the Secretary of War, officers of the Finance Department, accountable for public moneys, may intrust moneys to other officers or warrant officers for the purpose of having them make disbursements as their agents, and the officer or warrant officer to whom the moneys are intrusted, as well as the officer who intrusts the moneys to him, shall be held pecuniarily responsible therefor to the United States. Sec. 9a, added to the act of June 3, 1916, by sec. 9, act of June 4, 1920 (41 Stat. 766); act of Mar. 15, 1940 (54 Stat. 52); 10 U. S. C. 173.

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The first paragraph of this section has been amended as above.

1702. Disbursing officers; retention of funds.

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The second paragraph of this section has been repeated in subsequent appropriation acts. 1708. Depositaries of public money; national banks.

Notes of Decisions

Pledge of assets. A suit by a national | proceeds did not belong to the United States, bank's receiver to recover from the Secretary of War proceeds of securities unlawfully pledged by bank to secure deposits of Canal Zone postal savings funds was not a "suit against the United States," and the United States were not "indispensable parties," since

and there was no law under which they could be covered into the treasury. Inland Waterways Corp. et al. v. Hardee (App. D. C., 1938). 100 F. (2d) 678; certiorari granted (1939), 306 U. S. 626.

1722. Estimates for printing and binding.

The third paragraph of this section has been repeated in subsequent appropriation acts. 1732. War Department appropriations; availability for Citizens' Military Training Camps.

This provision has been repeated in subsequent appropriation acts.

1733. War Department appropriations; availability for Organized Reserves.

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The foregoing appropriations for "Regular Supplies of the Army," "Clothing and Equipage," "Army Transportation," "Signal Service of the Army,” “Air Corps, Army," "Medical and Hospital Department," "Engineer Service, Army," "Ordnance Service and Supplies," "Chemical Warfare Service," and "Seacoast Defenses" shall each be available for the pay and allowances, including travel allowances, of such Reserve officers as the President may, with their consent, order to active duty for such periods, not in excess of two years, as their service may be required in the procurement or production of equipment therein appropriated for, or on duty pertaining to aviation. Sec. 2, act of June 13, 1940 (54 Stat. 378).

In the original text of this section, as repeated in the appropriation act for the fiscal year 1940, and subsequent acts, the words "field exercises" are inserted after the words "printing and binding" in the second line, and the words "in lieu thereof" after the word "allowances" in the fifth line.

The above provision is added as a new paragraph.

1734. War Department appropriations; availability for post exchanges.

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No part of any appropriation made by this Act shall be used in any way to pay any expense in connection with the conduct, operation, or management of any post exchange, branch exchange, or subexchange within any State, Territory, or the District of Columbia, save and except for real assistance and convenience under such regulations as the Secretary of War may prescribe, to such personnel as are now or may be hereafter authorized by law and regulation to purchase subsistence stores or other Quartermaster supplies and to civilians employed or serving at military posts in supplying them with articles of small personal needs, not similar to those furnished by the Government: Provided, That the commanding officer of the post at which any such exchange is situated shall certify on the monthly report of the post exchange council that such exchange was, during the period covered by such report, operated in compliance with this section: Provided further, That at posts isolated from a convenient market the Secretary of War may broaden the nature of the articles to be sold. Sec. 4, military appropriation act of June 13, 1940 (54 Stat. 378).

As repeated in the appropriation act for the fiscal year 1941, the second paragraph of this section was modified as above.

1735. War Department appropriations; availability for purchase of butter substitutes.

This provision has been repeated in subsequent appropriation acts.

1736. War Department appropriations; availability for Reserve Officers' Training Corps.

This provision has been repeated in subsequent appropriation acts.

1737. War Department appropriations; availability for transportation of employees and materials.

The third paragraph of this section has been repeated in subsequent appropriation acts. 1738. War Department appropriations; availability for travel expenses.

As repeated in the appropriation act for the fiscal year 1940 the words "for the Military Establishment" are substituted for the words "contained in this Act" after the word "appropriations" in sixth line of this section, and as repeated in the appropriation act for the fiscal year 1941, the appropriations ""Military Posts" and "Special Field Exercises" were included in the exceptions.

1738a. War Department appropriations; interbureau transfer.-Not to exceed 5 per centum of any of the appropriations for the Military Establishment for the fiscal year 1941 may be transferred with the approval of the Director of the Bureau of the Budget to any other of such appropriations, but no appropriation shall be increased more than 5 per centum thereby. Second deficiency appropriation act of June 27, 1940 (54 Stat. 656).

1742. Contingent funds; authority for expenditure.

The second paragraph of this section as repeated in the appropriation act for the fiscal year 1941 makes the appropriation "Contingencies of the Army" available for the expenses of officers of the Army on special duty in European countries.

1742a. Contingent funds; advertising requirements.-Section 3709, Revised Statutes, shall not apply to any procurement under the appropriation “Contingent expenses, War Department, 1941", which does not exceed $100 in amount. Second supplemental national defense appropriation act of Sept. 9, 1940 (54 Stat. 875).

For R. S. 3709, see 727, ante.

1744. Contingent funds; available exclusively for purposes covered.

The second paragraph of this section has been repeated in subsequent appropriation acts. 1747. Appropriations for Corps of Engineers; availability for operation of power boats.

This provision has been repeated in subsequent appropriation acts.

1748. Appropriations for field service; availability for personal services.

This provision has been repeated in subsequent appropriation acts.

1753. Appropriations for Quartermaster Corps; availability for rentals. The provisions of this section have been repeated in subsequent appropriation acts. 1755. Appropriations for travel expense; chargeable according to date of order.— * * * Provided further, That the appropriations "Travel of the Army" and "Army Transportation" current at the date of relief from duty station of personnel traveling under orders shall be charged with all expenses properly chargeable to such appropriations in connection with the travel enjoined, including travel of dependents and transportation of authorized baggage and household effects of such personnel, regardless of the dates of arrival at destination of the persons so traveling. Sec. 1, military appropriation act of Apr. 26, 1939 (53 Stat. 598); 31 U. S. C. 650a.

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As repeated in the appropriation act for the fiscal year 1940 and subsequent acts this section was modified as above.

1757. Foreign exchange.

The second paragraph of this section has been repeated in subsequent appropriation acts. Executive Order No. 7972, September 15, 1938, was further amended by Executive Orders No. 8261, September 21, 1939 and No. 8269, October 11, 1939.

CHAPTER 31

PUBLIC PRINTING AND DOCUMENTS

Departmental printing; payments to Public War Department printing, 1787.
Printer, 1781.

1781. Departmental printing; payments to Public Printer.

This provision has been repeated in subsequent appropriation acts.

1787. War Department printing.-For printing and binding for the War Department, except such as may be otherwise provided for in accordance with existing law, $546,000: Provided, That the sum of $3,000, or so much thereof as may be necessary, may be used for the publication, from time to time, of bulletins prepared under the direction of the Surgeon General of the Army, for the instruction of medical officers, when approved by the Secretary of War. Sec. 1, military appropriation act of Apr. 26, 1939 (53 Stat. 594).

The first paragraph of this section, as repeated in the appropriation act for the fiscal year 1940, and subsequent acts, has been modified as indicated above.

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