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Provided, That when such original check does not exceed in amount the sum of $50 and the payee or owner is, at the date of the application, an officer or employee in the service of the Post Office Department, whether by contract, designation, or appointment, the Postmaster General may, in lieu of an indemnity bond, authorize the issuance of a substitute check or warrant upon such an affidavit as he may prescribe, to be made before any postmaster by the payee or owner of an original check.
(e) Substitutes, marked as hereinabove provided, drawn on the Treasurer of the United States, shall, after the lapse of the period fixed by section 21 of the Permanent Appropriation Repeal Act, 1934 (48 Stat. 1235; U. S. C., 1934 edition, title 31, sec. 725 (t)), for the payment of the original checks, be payable only as the original checks would be payable thereunder.
(f) The term "original check” wherever used in this section means any check, warrant, or other order for the payment of money, pay&ble upon demand and not bearing interest, drawn by a duly authorized officer or agent of the United States, the District of Columbia, or the District Unemployment Compensation Board, on their behalf against an account or funds of the United States, the District of Columbia, or the District Unemployment Compensation Board, including instruments issued by any corporation or other entity owned or controlled by the United States, the funds of which are deposited and covered into the Treasury of the United States or deposited with the Treasurer of the United States, but does not include money, coins, or currency of the United States; as used in subsection (d) of this section it means such an instrument_drawn by a duly authorized officer or employee of the Post Office Department. (R. S., sec. 3646; Feb. 16, 1885, 23 Stat. 306; Mar. 23, 1906, 34 Stat. 84; June 19, 1906, 34 Stat. 301; May 27, 1908, 35 Stat. 415; Feb. 23, 1909, 35 Stat. 643; Mar. 21, 1916, 39 Stat. 37; July 8, 1937, sec. 9, 50 Stat. 482; Aug. 10, 1939, secs. 5, 6, and 7, 53 Stat. 1359; 31 U. S.' C., sec. 528. See par. No. 1704, Laws Applicable, 1935, which has been amended to read as above.)
1712–1. Restriction on delivery of Government checks to foreign addresses. That hereafter no check or warrant drawn against funds of the United States, or any agency or instrumentality thereof, shall be sent from the United States (including its Territories and possessions and the Commonwealth of the Philippine Islands) for delivery in a foreign country in any case in which the Secretary of the Treasury determines that postal, transportation, or banking facilities in general, or local conditions in the country to which such check or warrant is to be delivered, are such that there is not a reasonable assurance that the payee will actually receive such check or warrant and be able to negotiate the same for full value (Oct. 9, 1940; Sec. 1, 54 Stat. 1086.)
1712–2. Same; future delivery of checks subject to determinations of Secretary of the Treasury.-Any check or warrant, the sending of which is prohibited under the provisions of section 1 hereof, shall be held by the drawer until the close of the calendar quarter next following its date, during which period such check or warrant may be released for delivery if the Secretary of the Treasury determines that conditions have so changed as to provide a reasonable assurance that the
payee will actually receive the check or warrant and be able to negotiate it for full value. At the end of such quarter, unless the Secretary of the Treasury shall otherwise direct, the drawer shall transmit all checks and warrants withheld in accordance with the provisions of this Act to the drawee thereof, and forward a report stating fully the name and address of the payee; the date, number, and amount of the check or warrant; and the account against which it was drawn, to the Bureau of Accounts of the Treasury Department. The amounts of such undelivered checks and warrants so transmitted shall thereupon be transferred by the drawee from the account of the drawer to a special deposit account with the Treasurer of the United States entitled "Secretary of the Treasury, Proceeds of Withheld Foreign Checks," at which time such checks and warrants shall be marked "Paid into Withheld Foreign Check Account". Thereafter the drawee shall deliver such checks and warrants, together with other paid checks and warrants, to the Comptroller General of the United States, who shall allow credit therefor in the accounts of the drawer and the drawee.
(Oct. 9, 1940; Sec. 2, 54 Stat. 1086.) 1712-3. Same; checks to be drawn against special deposit account.-Payment of the amounts which have been deposited in the special deposit account in accordance with section 2 hereof shall be made by checks drawn against such special deposit account by the Secretary of the Treasury, only after the claimant shall have established his right to the amount of the check or warrant to the satisfaction of the Secretary of the Treasury (or, in the case of claims based upon checks representing, payments under laws administered by the Veterans' Administration, to the satisfaction of the Administrator of Veterans' Affairs) and the Secretary of the Treasury has determined that there is a reasonable assurance that the claimant will actually receive such check in payment of his claim and be able to negotiate the same for full value.
(Oct. 9, 1940; Sec. 3, 54 Stat. 1087.) 1712-4. Same; checks issued pursuant to Executive Order No. 8389 subject to act. The provisions of sections 2 and 3 hereof shall apply to all checks or warrants the delivery of which is now being, or may hereafter be, withheld pursuant to Executive Order Numbered 8389 of April 10, 1940, as amended, as well as to all checks or warrants the delivery of which is now being withheld pursuant to administrative action, which administrative action is hereby ratified and confirmed: Provided, That any check or warrant the delivery of which has already been withheld for more than one quarter prior to the enactment of this Act shall immediately delivered to the drawee thereof for disposition in accordance with the provisions of sections 2 and 3 hereof: Provided further, That nothing in this Act shall be construed to dispense with the necessity of obtaining a license to authorize the delivery and payment of checks in payment of claims under section 3 hereof in those cases where a license is now or hereafter may be required by law to authorize such delivery and payment. (Oct. 9, 1940; Sec. 4, 54 Stat. 1087.)
1712-5. Same; Secretary of Treasury to issue regulations.--The Secretary of the Treasury is hereby authorized to prescribe such rules and regulations as he in his discretion may deem necessary or proper for the administration and execution of this Act. (Oct. 9, 1940; Sec. 5, 54 Stat. 1087.)
1712-6. Same; Savings clause affecting Federal salaries and purchases.Nothing contained in this Act shall be construed as affecting or applying to checks or warrants issued in payment of salaries or wages or for goods purchased by the Government of the United States in foreign countries. (Oct. 9, 1940; Sec. 6, 54 Stat. 1087.)
APPROPRIATIONS 1740a. Expenditures from appropriations for private telephone service. That no money appropriated by this or any other act shall be expended for telephone service installed in any private residence or private apartment or for tolls or other charges for telephone service from private residences or private apartments, except for long. distance telephone tolls required strictly for the public business, and so shown by vouchers duly sworn to and approved by the head of the department, division, bureau, or office in which the official using such telephone or incurring the expense of such tolls shall be employed: Provided, That the cost of installation and use of telephones in residences leased or owned by the Government of the United States in foreign countries for the use of the Foreign Service may be allowed
from Government funds, under such regulations as may be prescribed by the Secretary of State, except that the restrictions herein relating to long-distance tolls shall also apply to telephones installed in such official residences. (Aug. 23, 1912, sec. 7, 37 Stat. 414; Apr. 30, 1940, 54 Stat. 175; 31 U. S. c., sec. 679.)
1761-1. Metered services for gas, electricity, water, etc., regarded as charge against appropriation current.—Hereafter, in making payments for commodities or services the quantity of which is determined by metered readings, such as gas, electricity, water, steam, and the like, and for telephone services, where the period covered by the charge begins in one fiscal year or allotment period and ends in another, the entire amount of the payment may be regarded as a charge against the appropriation or allotment current at the end of such period. (Apr. 27, 1937, 50 Stat. 119; Apr. 26, 1939, 53 Stat. 624; 31 U. S. C., 668a.)
1761-2. Long distance telephone tolls; payment from appropriations.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. (May 10, 1939, sec. 4, 53 Stat. 738; 31 U. S. C., sec. 680a.)
1761-3. Revolving fund created for purpose of permanent rehabilitation in Puerto Rico; operation of administrative agencies.—That all sums which the President has segregated or allotted or shall segregate or allot for projects in Puerto Rico out of the money appropriated by the Emergency Relief Appropriation Act of 1935 shall constitute a special
fund to provide relief and work relief and to increase employment in Puerto Rico. The fund thus established shall continue available for expenditure until June 30, 1940. All income derived from operations financed out of this fund and the proceeds of the disposition of property acquired therewith shall constitute a revolving fund, which shall remain available for expenditure for the purposes and in the manner authorized herein and in the Emergency Relief Appropriation Act of 1935 until Congress shall provide otherwise, notwithstanding any limi- . tation of time contained in the said Emergency Relief Appropriation, Act of 1935. Any agency or agencies lawfully designated or established to administer funds allotted hereunder or the revolving fund herein authorized may be continued so long as the said funds or any of them remain available for expenditure.
Projects for rural rehabilitation in Puerto Rico may include the acquisition, development, maintenance, and operation of agricultural enterprises. A reasonable charge may be made for materials and services produced or made available by any project: Provided, That such materials and services may also be supplied as compensation, in whole or in part, for services rendered by persons employed upon any project. (Feb. 11, 1936, sec. 1, 49 Stat. 1135.)
1761-4. Hurricane insurance authorized for Puerto Rican agriculturists; restrictions; premiums.- Notwithstanding the provisions of section 15 (f) of the Agricultural Adjustment Act, as amended by section 8 of the Act of May 9, 1934, or any action taken thereunder, all or any part of the unobligated balance of taxes heretofore or hereafter collected from the processing of sugar beets or sugarcane in Puerto Rico and/or upon the processing in continental United States of sugar produced in or coming from Puerto Rico are hereby authorized, in the discretion of the President, to be transferred to the revolving fund authorized by this Act. Not exceeding $10,000,000 of this fund may, in the discretion of the President, be set aside in the Treasury for use as an insurance fund to insure individual agriculturists in Puerto Rico, but to the extent only of such insurance fund and its accretions, against damage by hurricane to their farm dwellings and farm buildings, growing crops, plants and trees, including trees used as shade for growing crops, warehouses and produce in barns and warehouses: Provided, That said fund may be so employed only during such periods as the Secretary of the Interior shall find and determine that commercial insurance is not available, and at premiums sufficiently high to keep the principal of the original insurance fund intact, and policies of insurance shall be issued hereunder only pursuant to such terms and premium rates as the Secretary of the Interior shall prescribe by regulations duly promulgated. Until otherwise provided by law all moneys collected as premiums on such insurance or otherwise in connection with the administration of such fund or the operation of such insurance activity shall constitute accretions to the fund and shall be held, together with the original insurance fund and all additions thereto, as a revolving fund for the purposes of such insurance. (Feb. 11, 1936, sec. 2, 49 Stat. 1135.)
1761–5. Advance payments available for obligation only until expiration of appropriation from which made.---After June 30, 1936, advance payments under the provisions of Title VI, Part II, of the Legislative Appropriation Act for the fiscal year 1933, shall have no longer period of availability for obligation than the appropriation from which such advance payments are made. (June 22, 1936, Title IV, sec. 8, 49 Stat. 1648.)
NATIONAL GUARD 1764-1. President authorized to order reservists into active military service.- That during the period ending June 30, 1942, the President be, and is hereby, authorized from time to time to order into the active miltary service of the United States for a period of twelve consecutive months each, any or all members and units of any or all reserve components of the Army of the United States (except that any person in the National Guard of the United States under the
of 18 years so ordered into the active military service shall be immediately issued an honorable discharge from the National Guard of the United States), and retired personnel of the Regular Army, with or without their consent, to such extent and in such manner as he may deem necessary for the strengthening of the national defense: Provided, That the members and units of the reserve components of the Army of the United States ordered into active Federal service under this authority shall not be employed beyond the limits of the Western Hemisphere except in the territories and possessions of the United States, including the Philippine Islands. (Aug. 27, 1940, Sec. 1, 54 Stat. 858.)
1764-2. Same; provisions for reinstatement to Government position fol. lowing active duty.
(b) In the case of any such person who, in order to perform such active duty or such service, has left or leaves a position, other than a temporary position, in the employ of any employer and who (1) receives such certificate, (2) is still qualified to perform the duties of such position, and (3) makes application for reemployment within forty days after he is relieved from such active duty or service
(X) if such position was in the employ of the United States Government, its Territories or possessions, or the District of Columbia, such person shall be restored to such position or to a position of like seniority, status, and pay;
(C) if such position was in the employ of any State or political subdivision thereof it is hereby declared to be the sense of the Congress that such person should be restored to such position or to a position of like seniority, status, and pay.
(c) Any person who is restored to a position in accordance with the provisions of paragraph (A) or (B) of subsection (b) shall be considered as having been on furlough or leave of absence during his period of active military service, shall be so restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was ordered into such service, and shall not be discharged from such position without cause within one year after such restoration.
(Aug. 27, 1940, Sec. 3, 54 Stat. 859, as amended, Sept. 16, 1940, Sec. 8 (d), 54 Stat. 891.)