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1910. Revised Statutes, first edition; definition of terms.

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Hereafter the Secretary of War, in addition to other duties imposed upon him by law, shall be charged with the 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, and he may assign to the Under Secretary of War and The Assistant Secretary of War such duties in connection therewith as he may deem proper.

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Chiefs of branches of the Army shall report regarding all matters of procurement direct to the Secretary of War, the Under Secretary of War, or The Assistant Secretary of War, as the Secretary of War shall have prescribed. Sec.

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5a, added to act of June 3, 1916, by sec. 5, act of June 4 1920 (41 Stat. 764); sec. 2, act of Dec. 16, 1940 (54 Stat. 1224); 10 U. S. C. 1193.

* * * The provisions of this Act shall cease to have effect on January 20, 1945, unless continued in force by an Act of Congress. Sec. 2, act of Dec. 16,

1940 (54 Stat. 1224).

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

1928. Procurement of military supplies; advertising requirements.

The exemption from the requirements of R. S. 3709 in third paragraph of this section was increased to $50 by section 1, military appropriation act of June 13, 1940 (54 Stat. 352).

1930. Procurement of military supplies; compulsory orders.

For provision making War Department appropriations available for procurements under this section, see 1985, post.

For provisions similar to this section but not limited to "time of war or when war is imminent", see 2225-9, post.

1931. Procurement of military supplies; Government manufacture.The Secretary of War shall cause to be manufactured or produced at the Government arsenals or Government-owned factories of the United States all such supplies or articles needed by the War Department as said arsenals or factories are capable of manufacturing or producing upon an economical basis. All appropriations for manufacture of matériel pertaining to approved projects which are placed with arsenals, Government-owned factories, or other ordnance establishments shall remain available for such purpose until the close of the next ensuing fiscal year. Sec. 5a, added to the act of June 3, 1916, by sec. 5, act of June 4, 1920 (41 Stat. 765); sec. 2, act of Dec. 16, 1940 (54 Stat. 1224); 10 U. S. C. 1195.

* * * The provisions of this Act shall cease to have effect on January 20, 1945, unless continued in force by an Act of Congress. * Sec. 2, act of

Dec. 16, 1940 (54 Stat. 1224).

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

1934. Procurement of military supplies; reserve stocks.

An appropriation of $750,000 for the procurement and maintenance of reserve stores for use in time of war or national emergency was made by the Navy appropriation act of May 25, 1939 (53 Stat. 770).

1936. Procurement of military supplies from Department of Justice.

By Part 1, Reorganization Plan No. II, transmitted to Congress under authority of section 4, act of April 3, 1939, ante, 888c, and effective July 1, 1939, The Federal Prison Industries, Inc., was transferred to the Department of Justice, to be administered under the direction and supervision of the Attorney General.

The functions of this organization were continued until June 30, 1941, by act of May 31, 1940 (54 Stat. 229).

Commodities manufactured in Federal or District of Columbia penal and correctional institutions for use by the Federal Government are expressly excepted from the provisions of the act of October 14, 1940 (54 Stat. 1134), prohibiting the interstate transportation of prison-made products.

1937. Procurement of military supplies from District of Columbia Reformatory, As repeated in the appropriation act for the fiscal year 1940, the word "surplus" is omitted.

1941. Procurement of military supplies from Procurement Division, Treasury Department.

The eighth paragraph of this section has been repeated in subsequent appropriation acts. 1943. Aircraft; number authorized.-The Secretary of War is hereby authorized to equip and maintain the Air Corps with not to exceed six thousand serviceable

airplanes, and such number of airships and free and captive balloons as he may determine to be necessary for training purposes together with spare parts, equipment, supplies, hangars, and installation necessary for the operation and maintenance thereof; and there is hereby authorized to be appropriated for such purposes an amount not exceeding $300,000,000, together with such annual appropriations as may be necessary to maintain such air force. In order to maintain the number specified above, the Secretary of War is hereby authorized to replace obsolete or unserviceable aircraft from time to time: Provided, That the total number of airplanes and airships herein authorized shall be exclusive of those awaiting salvage or undergoing experiment or service tests, those authorized by the Secretary of War to be placed in museums, and those classified by the Secretary of War as obsolete: And provided further, That the total number of airplanes authorized in this section shall include the number necessary for the training and equipment of the National Guard and the training of the Organized Reserves as may be determined by the Secretary of War. Sec. 8, act of July 2, 1926 (44 Stat. 784); sec. 1, act of Apr. 3, 1939 (53 Stat. 555); 10 U. S. C. 292b.

* * * Provided further, That this appropriation may be expended without reference to the limitation contained in section 1 of the Act approved April 3, 1939 (Public, Numbered 18, Seventy-sixth Congress), as to the number of airplanes to be procured and maintained: * * Sec. 1, military appropriation

act of June 13, 1940 (54 Stat. 366).

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All existing limitations with respect to the number of serviceable airplanes, airships, and free and captive balloons that may be equipped and maintained shall be suspended during the fiscal year 1941. Sec. 3, act of July 2, 1940 (54 Stat. 713).

The first paragraph of the original text of this section, based on section 8, act of July 2, 1926 (44 Stat. 784); 10 U. S. C. 292b, has been amended by the first paragraph above.

The second paragraph of the original text, based on act of June 24, 1936 (49 Stat. 1907); 10 U. S. C. 292b-1, was expressly repealed by section 1, act of April 3, 1939 (53 Stat. 555). The second and third provisions, supra, are added as new paragraphs.

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Additional appropriations and contract authorization for the procurement of aircraft

by the War Department are found in the following acts:

Supplemental military appropriation act of July 1, 1939 (53 Stat. 994).
Third deficiency appropriation act of August 9, 1939 (53 Stat. 1327).

Military appropriation act of June 13, 1940 (54 Stat. 366).

First supplemental national defense appropriation act of June 26, 1940 (54 Stat. 602). Second supplemental national defense appropriation act of September 9, 1940 (54 Stat. 873).

Third supplemental national defense appropriation act of October 8, 1940 (54 Stat. 968).

Appropriation and contract authorization for procurement of aircraft by the Navy Department are contained in Navy Department appropriation act of June 11, 1940 (54 Stat. 294); section 3, act of June 14, 1940 (54 Stat. 394); section 1, act of June 15, 1940 (54 Stat. 400); first supplemental national defense appropriation act of June 26, 1940 (54 Stat. 609); the naval expansion act of July 19, 1940 (54 Stat. 780); second supplemental national defense appropriation act of September 9, 1940 (54 Stat. 882).

Appropriation for procurement and installation of special facilities for use by contractors in manufacturing aircraft and aeronautical material is made in Title II, Navy Department appropriation act of June 11, 1940 (54 Stat. 294).

1944a. Aircraft; purchase of samples.-* * * Provided further, That when aircraft are procured by the Secretary of War as a result of competitive bids requiring the submission of sample aircraft with bid, the Secretary is authorized, in his discretion, to purchase sample aircraft of competitors to whom an award is not made, not more than one each from not more than three such competitors, in order of merit, at prices not exceeding 75, 60, and 50 per centum, respectively, of the cost applicable in the opinion of the Secretary to the development and

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