« PreviousContinue »
to bearer, has been lost or stolen, so that it is not held by any person as his own property, or has been wholly or partly destroyed, or so mutilated or defaced as to impair its value to the owner; the Secretary, upon receipt and approval by him of a bond of indemnity, if and as required by subsection (b) hereof, shall, in the case of a security which has not matured or become redeemable pursuant to a call for redemption, issue a substitute marked “duplicate” and showing the serial number of the original security; or shall, in the case of a security which has matured or become redeemable pursuant to a call for redemption, make payment thereof to the owner, with such interest only as would have been paid had the security been presented when it became due and payable: Provided, That in the case of an interim certificate relief may be given by the issue of a definitive security, whether before or after maturity, rather than by the issue of a substitute or by payment: And provided further, That no payment shall be made on account of interest coupons claimed to have been attached to such original security unless the Secretary is satisfied that such coupons have not been paid, and are in fact destroyed or can never become the basis of a valid claim against the United States.
(b) Except as hereinafter provided, the owner of such lost, stolen, destroyed, mutilated, or defaced security shall file with the Secre tary of the Treasury a bond, to indemnify the United States, in such form and amount and with such surety, sureties, or security as the Secretary of the Treasury shall require: Provided, That in case of securities payable to bearer or so assigned as to become, in effect, payable to bearer, the destruction of which has not been proved, a corporate surety, qualified under the provisions of the Act of August 13, 1894, as amended (U. S. C., 1934 edition, title 6, secs. 6–13), shall be required on such bond of indemnity: And provided further, That a bond of indemnity shall not be required in any of the following classes of cases, except as hereinafter provided :
(1) If the Secretary of the Treasury is satisfied that the loss, theft, destruction, mutilation, or defacement, as the case may be, occurred without fault of the owner and while the security was in the custody or the control of the United States (not including the Postal Service when acting solely in its capacity as the public carrier of the mails), or of a person thereunto duly authorized as lawful agent of the United States, or while it was in the course of shipment effected pursuant to and in accordance with the regulations issued under the provisions of this Act;
(2) If substantially the entire security is presented and surrendered by the owner and the Secretary of the Treasury is satisfied as to the identity of the security presented and that any missing portions are not sufficient to form the basis of a valid claim against he United States;
(3) If the lost, stolen, destroyed, mutilated, or defaced security is one which by the provisions of law or by the terms of its issue is transferable only by operation of law;
(4) if the owner or holder is the United States or an officer or employee thereof in his official capacity, a State, the District of Columbia, a Territory or possession of the United States, including the Commonwealth of the Philippine Islands, a municipal corpora
tion or political subdivision of any of the foregoing, a corporation the whole of whose capital is owned by the United States, a foreign government, or a Federal Reserve bank : Provided, however,
That in any of the foregoing classes of cases the Secretary of the Treasury may require a bond of indemnity if he deems it essential to the public interest.
(c) The term “interest-bearing security of the United States” or "security”, wherever used in this section, means any direct obligation of the United States issued pursuant to law for valuable consideration and which by its terms bears interest, or is issued on a discount basis and includes (but is not limited to) bonds, notes, certificates of indebtedness, and Treasury bills, and interim certificates issued for any such security.
(d) The Secretary of the Treasury shall have the power to make such rules and regulations as he may deem necessary for the administration of this section.
(e) Sections 3702, as amended, 3703, 3704, and 3705 of the Revised Statutes of the United States (U. S. C., title 31, secs. 735, 736, 737, and 738) are hereby repealed. (July 8, 1937, sec. 8, 50 Stat. 481; Aug. 10, 1939, sec. 4, 53 Stat. 1359; 31 U. S. C. sec. 738a.)
115_40. Short title of Act.—This Act may be cited as the "Government Losses in Shipment Act”. (July 8, 1937, sec. 10, 50 Stat. 484; 5 U. S. C., sec. 134g.)
115-41. Joint Committee on Government Reorganization; Creation and composition. That (a) there is hereby established a joint congressional committee to be known as the Joint Committee on Government Organization (hereinafter referred to as the joint committee).
(b) The joint committee shall be composed of nine Members of the Senate, appointed by the President of the Senate, and nine Members of the House of Representatives, appointed by the Speaker of the House of Representatives. (Feb. 3, 1937, sec. 1, 50 Stat. 7; 5 U. S. C., sec. 135.)
115–42. Powers and duties of committee; reports.-It shall be the duty of the joint committee
(a) To investigate the organization and activities of the departments, independent establishments, bureaus, boards, commissions, divisions, services, offices, and other agencies of the Government, with the view to determining whether, in the interest of simplification, efficiency, or economy, or in order to eliminate conflicting or overlapping activities, any of such organizations or units should be coordinated or consolidated with any other organization or unit, reorganized, or abolished, or the personnel thereof reduced; and
(b) To report, from time to time, to the Senate and the House of Representatives, the results of its investigations together with such recommendations as it deems advisable. (Feb. 3, 1937, sec. 2, 50 Stat. 8; 5 U. S. C., sec. 136.)
115–43. Hearings; subpenas; disbursement of appropriations. The joint committee, or any subcommittee thereof, shall have power to hold hearings and to sit and act at such places and times, to require by subpena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, to administer such qaths, to take such testimony, and to make such expenditures, as it deems advisable. Subpenas shall be issued under the signature of
the chairman of said joint committee, and shall be served by any person designated by him. Amounts appropriated for the expenses of the joint committee shall be disbursed one-half by the Secretary of the Senate and one-half by the Clerk of the House. (Feb. 3, 1937, sec. 3, 50 Stat. 8; 5 U. S. C., sec. 137.)
115-44. Officers and employees; appointment and compensation.—The joint committee shall have power to employ and fix the compensation of such officers, experts, and employees as it deems necessary for the performance of its duties, but the compensation so fixed shall not exceed the compensation fixed under the Classification Act of 1923, as amended, for comparable duties. Officers and employees of the Government shall be detailed to the service of the joint committee, on its request, without additional compensation, and such officers and employees shall be paid from the appropriations regularly available for their salaries. (Feb. 3, 1937, sec. 4, 50 Stat. 8; 5 U. S. C., sec. 138.)
115-45. Jury duty; leave of absence for. That the compensation of any employee of the United States or of the District of Columbia who may be called upon for jury service in any State court or court of the United States shall not be diminished during the term of such jury service by reason of such absence, except as provided in section 3, nor shall such period of service be deducted from the time allowed for any leave of absence authorized by law. (June 29, 1940, sec. 1, 54 Stat. 689.)
115–46. Same; no compensation payable in federal courts.—Any employee specified in section 1 who may be called upon for jury service in any court of the United States shall not receive any compensation for such service. (June 29, 1940, sec. 2, 54 Stat. 689.)
115-47. Same; Compensation from State courts deducted from salaries.There shall be credited against the amount of compensation payable by the United States to any employee specified in section 1 for such period as such employee may be absent on account of jury service in the court of any State any amounts which such employee may receive from such State on account of such jury service. (June 29, 1940, sec. 3, 54 Stat. 689.)
115–48. Remains, families, and effects of officers and employees dying abroad returnable at Government expense.—That in case any civilian officer or employee of the United States dies (1) while in a travel status away from his official station in the United States or (2) while performing official duties in a Territory or possession of the United States or in a foreign country or in transit thereto or therefrom, the head of the department, independent establishment, agency, or federally owned or controlled corporation, hereinafter called department, in the service of which such officer or employee was engaged, is hereby authorized, under regulations to be prescribed by the President and
except as otherwise provided by law, to pay from the appropriation available for the activity in which he was engaged
(a) In case of the death of the officer or employee in such travel status in the United States, or in the case of the death of the officer or employee while performing official duties in a Territory or possession of the United States or in a foreign country or in transit thereto or therefrom, the expenses of preparing and transporting the remains
of such officer or employee to his home or official station or such other place as the head of the department concerned shall determine to be the appropriate place of interment.
(b) In case of the death of the officer or employee while performing official duties in a Territory or possession of the United States or in a foreign country or in transit thereto or therefrom, the transportation expenses of his dependents, including expenses incurred in packing, crating, drayage, and transportation of household effects and other personal property to his former home or such other place as the head of the department shall determine. (July 8, 1940, Sec. 1, 54 Stat. 743.)
115–49. Same; temporary absence from duty no bar to relief.—The benefits of section 1 of this Act shall not be denied in any case on the ground that the deceased was temporarily absent from duty when death occurred. (July 8, 1940, Sec. 2, 54 Stat. 744.)
115–50. Same; effective date. --This Act shall become effective sixty days after its enactment. (July 8, 1940, Sec. 3, 54 Stat. 774.)
115–51. Transportation of household goods of civilian officers and employees. That expenses which now or hereafter may be authorized by
— law to be paid from Government funds for the packing, crating, drayage, and transportation of household goods and personal effects of civilian officers and employees of any of the executive departments or establishments of the United States when transferred from one official station to another for permanent duty shall hereafter be allowed and paid, when specifically authorized or approved by the head of the department or establishment concerned, under such rules and regulations as may be prescribed by the President, which regulations shall prescribe, among other matters, the maximum weight of the property, not to exceed five thousand pounds gross or the equivalent thereof when transportation charges are based on cubic measurement, which may be packed, crated, hauled, transported, and unpacked at Government expense: Provided, That no part of such expenses shall be paid from Government funds where the transfer is made at the request and primarily for the convenience or benefit of the officer or employee: Provided further, That nothing herein shall affect the allowance and payment of expenses for, or incident to, the transportation of effects of officers and employees of the Foreign Service, Department of State, except where the transfer is made at the request and primarily for the convenience or benefit of the officer or employee. (Oct. 10, 1940, 54
DEPARTMENT OF AGRICULTURE
189–1. Under Secretary of Agriculture; duties.—That the Under Secretary of Agriculture is authorized to exercise the functions and perform the duties of the first assistant of the Secretary of Agriculture within the meaning of section 177 of the Revised Statutes of the United States (U. S. C., title 5, sec. 4) and shall perform such other duties as may be required by law or prescribed by the Secretary of Agriculture. (June 5, 1939, 53 Stat. 809; 5 U. s. C., sec. 514b.)
189–2. Delegation to Director of Finance or other officer of power to sign requisitions.—That the Secretary of Agriculture may designate in
writing the Director of Finance of the Department of Agriculture or, in his absence, the officer acting in his stead, to sign requisitions upon the Secretary of the Treasury for disbursing funds, and such requisitions shall be as valid as if they had been signed by the Secretary of Agriculture. (Aug. 11, 1939, 53 Stat. 1417; 5 U. S. C., sec. 514c.)
189—3. Act to authorize the Secretary of Agriculture to delegate certain regulatory functions; definitions. That as used in this Act
(a) The term “regulatory order” means an order, marketing agreement, standard, permit, license, registration, suspension or revocation of a permit, license, or registration, certificate, award, rule, or regulation, if it has the force and effect of law, and if it may be made, prescribed, issued, or promulgated only after notice and hearing or opportunity for hearing have been given.
(b) The term "regulatory function" means the making, prescribing, issuing, or promulgating, of a regulatory order; and includes (1) determining whether such making, prescribing, issuing, or promulgating is authorized or required by law, and (2) any action which is required or authorized to be performed before, after, or in connection with, such determining, making, prescribing, issuing, or promulgating. (Apr. 4, 1940, sec. 1, 54 Stat. 81.)
189-4. Regulatory functions of Secretary delegable to Departmental officers or employees allocated in grades not lower than Professional grade 7, and C. A. F. grade 14.-Whenever the Secretary of Agriculture deems that the delegation of the whole or any part of any regulatory function which the Secretary is, now or hereafter, required or authorized to perform will result in the more expeditious discharge of the duties of the Department of Agriculture, he is authorized to make such delegation to any officer or employee designated under this section. The Secretary is authorized to designate officers or employees of the Department to whom functions may be delegated under this section and to assign to appropriate titles to such officers or employees. The position held by any officer or employee while he is designated under this section, and vested with a regulatory function or part thereof delegated under this section, shall be allocated to a grade, not lower than grade 7, in the professional and scientific service provided for by the Classification Act of 1923, as amended, or to a grade, not lower than grade 14, in the clerical, administrative, and fiscal service provided for by such Act, as amended. There shall not be in the Department at any one time more than two officers or employees designated under this section and vested with a regulatory function or part thereof delegated under this section. The Secretary may at any time revoke the whole or any part of a delegation or designation made by him under this section. (Apr. 4, 1940, sec. 2, 54 Stat. 81.)
189–5. Retroactive revocation of delegations barred.-Whenever & delegation is made under section 2, all provisions of law shall be construed as if the regulatory function or the part thereof delegated had (to the extent of the delegation) been vested by law in the indi. vidual to whom the delegation is made, instead of in the Secretary of Agriculture. A revocation of delegation shall not be retroactive, and each regulatory function or part thereof performed (within the scope of the delegation) by such individual prior to the revoca