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(c) The Judge Advocate General, in addition to other duties prescribed by law
(1) is the legal adviser of the Secretary of the Army and of all officers and agencies of the Department of the Army;
(2) shall direct the members of the Judge Advocate General's Corps in the performance of their duties; and
(3) shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions. Aug. 10, 1956, c. 1041, § 1, 70A Stat. 164, amended Sept. 2, 1958, Pub. L. 85– 861, § 33(a) (18), 72 Stat. 1565.
Section 3038. Chief of Engineers: additional duties.
Under the direction of the Secretary of the Army, the Chief of Engineers, in addition to other duties prescribed by law, is responsible for
(1) the direction of the construction, maintenance, and repair of buildings, structures, and utilities for the Army;
(2) the acquisition of all real estate and the issue of licenses in connection with Government reservations; and
(3) the operation of water, gas, electric, and sewer utilities. However, any utility pertaining exclusively to a branch of the Army may be operated by that branch. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 164.)
CHAPTER 373.-CIVILIAN EMPLOYEES
Section 4025. Production of supplies and munitions: hours and pay of laborers and mechanics.
During a national emergency declared by the President, the regular working hours of laborers and mechanics of the Department of the Army producing military supplies or munitions are 8 hours a day or 40 hours a week. However, under regulations prescribed by the Secretary of the Army these hours may be exceeded. Each laborer or mechanic who works more than 40 hours in a workweek shall be paid at a rate not less than one and one-half times the regular hourly rate for each hour in excess of 40. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 234.)
CHAPTER 431.-INDUSTRIAL MOBILIZATION,
Section 4508. Tests of iron, steel, and other materials.
(a) The Secretary of the Army may authorize the use of the Army's machine for testing iron, steel, and other materials for industrial purposes, by any person upon payment of a suitable fee. The officer in charge of the test
(1) shall require payment of fees for the tests authorized
by this section in accordance with a table of fees approved by the Secretary;
(2) may require payment in advance;
(3) may spend the fees so received in making such tests; and
(4) shall fully report the tests and the expenditure of the fees to the Chief of Ordnance.
The table of fees shall be adjusted from time to time so as to defray the cost of the tests as fully as possible.
(b) The Chief of Ordnance shall consider any program of tests submitted by the American Society of Civil Engineers, and a record of the tests shall be furnished the Society for publication at its expense. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 253.)
The Secretary of the Army may procure materials and facilities necessary to maintain and support the Army, its military organizations, and their installations and supporting and auxiliary elements, including
(1) guided missiles;
(2) modern standard items of equipment;
(3) equipment to replace obsolete or unserviceable equipment;
(4) necessary spare equipment, materials, and parts; and
(5) such reserve of supplies as is needed to enable the Army to perform its mission.
This section does not authorize the design or development of any prototype aircraft intended primarily for commercial use. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 253.)
Section 4532. Factories and arsenals: manufacture at; abolition
(a) The Secretary of the Army shall have supplies needed for the Department of the Army made in factories or arsenals owned by the United States, so far as those factories or arsenals can make those supplies on an economical basis.
(b) The Secretary may abolish any United States arsenal that he considers unnecessary. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 254.)
Section 4533. Army ration.
Under the direction of the Secretary of the Army, any branch, office, or officer designated by him shall buy the components of the Army ration and items directed by the President to be issued in place thereof. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 254.)
Section 4534. Subsistence supplies; contract stipulations; place of delivery on inspection.
Each contract for subsistence supplies for the Army that is made on public notice must provide for complete delivery, on inspection, at a specified place. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 254.)
Section 4535. Exceptional subsistence supplies: purchase without advertising.
Exceptional articles of subsistence supplies that are for members of the Army, and for which they are to pay regardless of condition upon arrival, may, under regulations to be prescribed by the Secretary of the Army, be bought on the open market without advertising. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 254.) Section 4536. Equipment: post bakeries, schools, kitchens, and mess halls.
Money necessary for the following items for the use of enlisted members of the Army may be spent from appropriations for regular supplies:
(1) Equipment for post bakeries.
(2) Furniture, textbooks, paper, and equipment for post schools.
(3) Tableware and mess furniture for kitchens and mess halls.
(Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 254.)
Section 4537. Military surveys and maps: assistance of United States mapping agencies.
The Secretary of the Army may obtain the assistance of the United States Geological Survey, the Coast and Geodetic Survey, and other mapping agencies of the United States in
(1) making topographic and other surveys;
(2) obtaining extra topographic data;
(3) making maps needed for military purposes;
(4) research and development of surveying by aerial photography; and
(5) developing methods of field reproduction. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 254.)
Section 4538. Unserviceable ammunition: exchange and recla
(a) The Secretary of the Army may, by contract or otherwise, reclaim deteriorated and unserviceable ammunition and components, not suitable for exchange, by conversion to usable form as complete rounds or serviceable components, and pay all or part
of the costs thereof through the exchange of deteriorated and unserviceable components.
(b) Subject to applicable regulations under section 486 of title 40, the Secretary may exchange deteriorated and unserviceable ammunition and components thereof for serviceable ammunition or components. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 255.)
Section 4539. Horses and mules.
If practicable, when horses and mules are needed they shall be bought in the open market at Army posts or stations, within maximum prices prescribed by the Secretary of the Army. No horse may be bought that does not meet the standards prescribed by Army regulations for cavalry or artillery horses, except when bought for remount purposes or as specifically authorized by another provision of law. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 255.)
Section 4540. Architectural and engineering services.
(a) Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Army are inadequate, the Secretary of the Army may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.
(b) The fee for any service under this section may not be more than 6 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.
(c) Sections 1071-1153 of title 5 do not apply to employment under this section. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 255.)
CHAPTER 443.-DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
Section 4681. Surplus war material: sale to States and foreign governments.
Subject to regulations under section 486 of title 40, the Secretary of the Army may sell surplus war material and supplies, except food, of the Department of the Army, for which there is no adequate domestic market, to any State or to any foreign government with which the United States was at peace on June 5, 1920. Sales under this section shall be made upon terms that the Secretary considers expedient. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 262.)
Section 4682. Obsolete or excess material: sale to National Council of Boy Scouts of America.
Subject to regulations under section 486 of title 40, the Secretary of the Army, under such conditions as he may prescribe, may sell obsolete or excess material to the National Council of the Boy Scouts of America. Sales under this section shall be at fair value. to the Department of the Army, including packing, handling, and transportation. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 262.) Section 4683. Obsolete or condemned rifles: loan to local units of recognized veterans' organizations.
(a) The Secretary of the Army, under regulations to be prescribed by him, may
(1) lend obsolete or condemned rifles (not more than 10), slings, and cartridge belts to any local unit of any national veterans' organization recognized by the Veterans' Administration, for use by that unit for funeral cermeonies of a member or former member of the armed forces, and for other ceremonial purposes; and
(2) issue and deliver to those units blank ammunition for those rifles
(A) without charge, if it is to be used for ceremonies at national cemeteries; and
(B) without charge, except for packing, handling, and transportation, if it is to be used for other ceremonies. (b) The Secretary may relieve a unit to which materials are lent under subsection (a), and the surety on its bond, from liability for loss or destruction of the material lent, if there is conclusive evidence that the loss or destruction did not result from negligence. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 262.)
Section 4684. Surplus obsolete ordnance: sale to patriotic organizations.
Subject to regulations under section 486 of title 40, any branch, office, or officer designated by the Secretary of the Army may sell, without advertisement and at prices that he considers reasonable—
(1) surplus obsolete small arms and ammunition and equipment for them, to any patriotic organization for military purposes; and
(2) surplus obsolete brass or bronze cannons, carriages, and cannon balls, for public parks, public buildings, and soldiers' monuments. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 262.)
Section 4685. Obsolete ordnance: loan to educational institutions and State soldiers' and sailors' homes.
(a) Upon the recommendation of the governor of the State or Territory concerned, the Secretary of the Army, under regula