* *

critical and the quantity and quality of such materials. In order to carry out the provisions of this Act, the Commodity Credit Corporation is authorized, upon terms and conditions prescribed by the Secretary of Agriculture, to procure, convey, transport, handle, store, maintain, or rotate such surplus agricultural commodities, and such reserve stocks of strategic and critical materials, as may be necessary to accomplish the purposes of this Act. * Such reserve stocks of strategic and critical materials shall be stored on military or naval reservations or in other locations approved by the Secretary of War and the Secretary of the Navy. The Commodity Credit Corporation is authorized to transfer such reserve stocks of strategic and critical materials, upon such terms and conditions as the Secretary of Agriculture shall approve, to any other governmental agency. Such reserve stocks or strategic and critical materials shall be made available or disposed of by the Commodity Credit Corporation or other governmental agency only upon order of the President in accordance with the terms of the applicable treaty; when necessary to prevent deterioration, the Commodity Credit Corporation or other governmental agency is authorized to replace those quantities of the reserve stocks of such strategic and critical materials subject to deterioration with equivalent quantities of the same materials. The funds now or hereafter made available to the Commodity Credit Corporation are hereby made available to carry out the purposes of this Act. There is hereby authorized to be appropriated such additional sums as may be required to carry out the provisions of this Act. All funds for carrying out the provisions of this Act shall be available for allotment to bureaus and offices of the Department of Agriculture, and for transfer to such other agencies of the Federal Government as the Secretary of Agriculture may request to cooperate or assist in carrying out the provisions of this Act. Act of Aug. 11, 1939 (53 Stat. 1407); 15 U. S. C. 713a-7.

1983. Telephone service; restriction on use.

The first paragraph of this section was amended as to telephone installations in foreign countries for the use of the Foreign Service by act of April 30, 1940 (54 Stat. 175).

1983a. Telephone service; long-distance tolls.-That hereafter no part of this or any other appropriation for any executive department, establishment, or agency shall be used for the payment of long-distance telephone tolls except for the transaction of public business which the interests of the Government require to be so transacted; and all such payments shall be supported by a certificate by the head of the department, establishment, or agency concerned, or such subordinates as he may specially designate, to the effect that the use of the telephone in such instances was necessary in the interest of the Government. Sec. 4, act of May 10, 1939 (53 Stat. 738); 31 U. S. C. 680a.

1985. Gauges, dies, jigs, tools; procurement.

The appropriations contained in this Act which are available for the procurement or manufacture of munitions of war of special or technical design may be used for the development and procurement of gages, dies, jigs, and other special aids and appliances, production studies, factory plans, and other production data, including specifications and detailed drawings, in accordance with the provisions of sections 120 and 123 of the National Defense Act, as amended. Sec. 1, military appropriation act of Apr. 26, 1939 (53 Stat. 604). The above provision is added as a new paragraph of this section. It has been repeated in subsequent appropriation acts.

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1985a. Ordnance, signal, and chemical warfare supplies; procurement for experimental purposes.-That the Secretary of War may, at his discretion, purchase abroad or in the United States with or without competition, by contract or otherwise, such ordnance, signal, and chemical-warfare equipment, supplies, parts, accessories, or designs thereof, as may be necessary in his judgment for experimental or test purposes in the development of the best kind of equipment and supplies required for the national defense. Nothing herein contained shall be construed to waive or alter the provisions of Revised Statutes, section 3709, when purchases are made in quantity. Act of July 15, 1939 (53 Stat. 1042); 50 U. S. C. 96.

1987. Transportation; by land-grant railroads.

This section is affected by 1988a, post.

Notes of Decisions

Alternative routes. Where Government | for through shipments accruing to it by reason shipments, not routed by the shipper, were of land-grants made in the construction of transported by the carrier over alternative the other route. Southern Pacific Co. v. U. S. routes between two points, the Government (1938), 87 Ct. Cl. 442; affirmed (1939), 307 may not be deprived of its lawful land-grant U. S. 393. deductions from charges for transportation

1988. Transportation; by motor vehicle.

By section 318, act of September 18, 1940 (54 Stat. 949), common carriers by water were authorized to extend credit in connection with charges on freight transported for the United States or any State or territory.

1988a. Transportation; rates payable by Government.-(a) Notwithstanding any other provision of law, but subject to the provisions of sections 1 (7) and 22 of the Interstate Commerce Act, as amended, the full applicable commercial rates, fares, or charges shall be paid for transportation by any common carrier subject to such Act of any persons or property for the United States, or on its behalf, except that the foregoing provision shall not apply to the transportation of military or naval property of the United States moving for military or naval and not for civil use or to the transportation of members of the military or naval forces of the United States (or of property of such members) when such members are traveling on official duty; * * * Provided further, That section 3709, Revised Statutes (U. S. C., 1934 edition, title 41, sec. 5), shall not hereafter be construed as requiring advertising for bids in connection with the procurement of transportation services when the services required can be procured from any common carrier lawfully operating in the territory where such services are to be performed.

(b) If any carrier by railroad furnishing such transportation, or any predecessor in interest, shall have received a grant of lands from the United States to aid in the construction of any part of the railroad operated by it, the provisions of law with respect to compensation for such transportation shall continue to apply to such transportation as though subsection (a) of this section had not been enacted until such carrier shall file with the Secretary of the Interior, in the form and manner prescribed by him, a release of any claim it may have against the United States to lands, interests in lands, compensation, or reimbursement on account of lands or interests in lands which have been granted, claimed to have been granted, or which it is claimed should have been granted to such carrier or any such predecessor in interest under any grant to such carrier or such predecessor in interest as aforesaid. Such release must be filed within one year from the date of the enactment of this Act. Sec. 321, act of Sept. 18, 1940 (54 Stat. 954); 49 U. S. C. 66.

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239

SERVICES BY EXECUTIVE DEPARTMENTS

1991. Typewriters; price limits.

This provision has been repeated in subsequent appropriation acts.

[§ 2007

1995. Services by Executive Departments; for International Joint Commission. This provision has been repeated in subsequent appropriation acts.

1998a. Services by Executive Departments; for American Republics.-That in order to render closer and more effective the relationship between the American republics the President of the United States is hereby authorized, subject to such appropriations as are made available for the purpose, to utilize the services of the departments, agencies, and independent establishments of the Government in carrying out the reciprocal undertakings and cooperative purposes enunciated in the treaties, resolutions, declarations, and recommendations signed by all of the twenty-one American republics at the Inter-American Conference for the Maintenance of Peace held at Buenos Aires, Argentina, in 1936, and at the Eighth International Conference of American States held at Lima, Peru, in 1938. Sec. 1, act of Aug. 9, 1939 (53 Stat. 1290); 22 U. S. C. 249.

An appropriation to enable the Secretary of Agriculture to cooperate with American Republics as provided for by this section is contained in the Department of Agriculture appropriation act of June 25, 1940 (54 Stat. 538).

A further appropriation is contained in the second deficiency appropriation act of June 27, 1940 (54 Stat. 652), made applicable to payment of travel expense by first supplemental civil functions appropriation act of October 9, 1940 (54 Stat. 1044).

2001. Bureau of Mines; investigation and research.

This provision has been repeated in subsequent appropriation acts.

2002. Bureau of Mines; testing of fuel.

This provision has been repeated in subsequent appropriation acts.

2003. Bureau of Standards; investigation and research.

As repeated in the appropriation act for the fiscal year 1940 the words "travel expenses and" are inserted after the word "necessary" in next to the last line of this section.

2004. Bureau of Standards; testing.

The first paragraph of this section has been repeated in subsequent appropriation acts. 2005. Bureau of Standards; development of specifications.

This provision has been repeated in subsequent appropriation acts.

2006. Department of Agriculture; food inspection.

As repeated in the appropriation act for the fiscal year 1940, this provision reads "during the fiscal year for which appropriations are herein made," etc.

2006a. Department of Agriculture; road construction and maintenance.* Provided further, That, during the fiscal year 1940, whenever performing authorized engineering or other services in connection with the survey, construction, and maintenance, or improvement of roads for other Government agencies the charge for such services may include depreciation on engineering and road-building equipment used, and the amounts received on account of such charges shall be credited to the appropriation concerned: Department

* * *

of Agriculture appropriation act of June 30, 1939 (53 Stat. 966). This provision was repeated in the independent offices appropriation act for the fiscal year 1941 and subsequent acts.

2007. Department of Justice; condemnation proceedings.

The United States Code authorities hold that this section, based on section 1, Title II, act of April 27, 1938 (52 Stat. 269); 5 U. S. C. 306a, was rendered obsolete by provision in Title II, act of June 29, 1939 (53 Stat. 899), prohibiting further transfer of funds for this purpose.

2009. Geological Survey; investigation and research.

As repeated in the appropriation act for the fiscal year 1941 the last clause of this section was changed to read as follows:

"the amount required for such cooperative work to be placed to the credit of the 1940 appropriation account of the Geological Survey and subsequently repaid to the appropriation from which advanced;"

2010. Geological Survey; mapping and surveying.

For topographic surveys and mapping as proposed in Senate Document Numbered 54, Seventy-sixth Congress, first session, to be transferred to the Department of the Interior, Geological Survey, and to be applied to the same objects (but not limited to the amounts specified for such objects) authorized in the Interior Department Appropriation Act for the fiscal year ending June 30, 1941, in the first paragraph under the heading "Geological Survey" and in the subitem for "Topographic Surveys," and to the employment of personal services (not to exceed $30,400) in the District of Columbia, the purchase of office equipment for use in the District of Columbia, field and office stationery, and engraving and printing maps, $1,210,350, to remain available until June 30, 1942: Provided, That this appropriation shall be devoted to mapping in strategic areas, in accordance with priorities to be determined by the Secretary of War. Sec. 1, War Department civil appropriation act of June 24, 1940 (54 Stat. 509).

The above provision is added as a new paragraph of this section.

SUPPLIES AND EQUIPMENT (PUBLIC PROPERTY)

Military supplies:

Disposition of material essential to national defense, 2014.

Exchange, 2015.

Reconditioning and repair, 2016.

Issue or sale to Citizens' Military Training

Camps, 2021.

Sale to District of Columbia, 2023.
Issue to National Guard, 2027.

Utilization by Organized Reserves, 2029.

Issue to Reserve Officers' Training Corps, 2030.

Furniture; use in public buildings, 2060.
Gasoline; State sales tax, 2061.
Motor vehicles:

Maintenance and operation in general,

2070.

Maintenance and operation for other than official use, 2071.

Ordnance and ordnance stores; issue to soldiers' monument associations, etc., 2087. Ordnance machines and tools; exchange, 2090a.

Tents; loan to veterans' organizations, 2091.

Aircraft and appurtenances; loan to civilian Typewriters; repairs, 2097. aviation schools, 2034a.

Aircraft supplies.

Sale to civilian aviation schools, 2034b. Sale to foreign military attachés, 2036a. Ammunition, exchange, 2037.

Animals:

Disposition when unfit for service, 2042. Issue to Reserve Officers' Training Corps, 2044.

Commissary supplies; transfer to departments or bureaus, 2055.

Forage; issue to National Guard, 2058.

Uniform; sale to National Guard officers, 2099.

War supplies:

Sale under act of July 9, 1918, 2102.
Sale under act of July 11, 1919, 2103.
Government radio stations; regulations, 2104.
Services by War Department:

Aerial photography, 2105.
Army transports, 2106.

Arsenals, 2110.

Hospitals, 2112.
Laundries, 2113.

2014. Military supplies; disposition of material essential to national defense.— (a) Notwithstanding the provision of any other law, no military or naval weapon, ship, boat, aircraft, munitions, supplies, or equipment, to which the United States has title, in whole or in part, or which have been contracted for, shall hereafter be transferred, exchanged, sold, or otherwise disposed of in any manner whatsoever unless the Chief of Naval Operations in the case of naval material, and the Chief of Staff of the Army in the case of military material, shall first certify that such material is not essential to the defense of the United States.

(b) The Secretary of War and the Secretary of the Navy as the case may be are hereby requested and directed to furnish or cause to be furnished to the respective chairmen of the Committees on Military Affairs and the Committees on Naval Affairs of the Senate and House of Representatives a copy of each contract, order, or agreement covering exchange of deteriorated, unserviceable, obsolescent, or surplus military or naval equipment, munitions, or supplies exchanged for other military or naval equipment, munitions or supplies, and a copy of each contract, order, or agreement shall be furnished regarding any other disposition of military or naval equipment, munitions and supplies by which the title passes, either de jure or de facto, from the United States, or by which delivery of material thereunder is deferred, where the original cost of such military or naval equipment, munitions or supplies exceeded or exceeds $2,000. The copies of each contract, order or agreement herein referred to shall