§ 98e. Transfer of surplus materials to stock piles; exceptions; payments; reduction of amount of obligations of Reconstruction Finance Corporation. (a) Pursuant to regulations issued by the General Services Administration, every material determined to be strategic and critical pursuant to section 98a of this title, which is owned or contracted for by the United States or any agency thereof, including any material received from a foreign government under an agreement made pursuant to sections 411, 412 and 413-419 of Title 22, or other authority, shall be transferred by the owning agency, when determined by such agency to be surplus to its needs and responsibilities, to the stock piles established pursuant to sections 98-98h of this title, so long as the amount of the stock pile for that material does not exceed the quantities determined therefor pursuant to section 98a of this title. There shall be exempt from this requirement such amount of any material as is necessary to make up any deficiency of the supply of such material for the current requirements of industry as determined by the Secretary of Commerce. There shall also be exempt from this requirement (1) any material which constitutes contractor inventory if the owning agency shall not have taken possession of such inventory, (2) such amount of any material as the Munitions Board determines (i) are held in lots so small as to make the transfer thereof economically impractical; or (ii) do not meet or cannot economically be converted to meet, stock pile requirements determined in accordance with section 98a of this title. The total material transferred to the stock piles established by sections 98-98h of this title in accordance with this section during any fiscal year beginning more than twelve months after July 23, 1946 shall not exceed in value (as determined by the Secretary of the Treasury on the basis of the fair market value at the time of each transfer) an amount to be fixed by the appropriation Act or Acts relating to the acquisition of materials under sections 98-98h of this title. (b) Any transfer made pursuant to this section shall be made without charge against or reimbursement from the funds available under sections 98-98h of this title, except that expenses incident to such transfer may be paid or reimbursed from such funds, and except that, upon any such transfer from the Reconstruction Finance Corporation, or any corporation organized by virtue of the authority contained in sections 601, 603, 604, 605, 606, 607, 608, 609, and 611 of Title 15, and section 82 of Title 12, the Secretary of the Treasury shall cancel notes of Reconstruction Finance Corporation, and sums due and unpaid upon or in connection with such notes at the time of such cancellation, in an amount equal to the fair market value as determined by the Secretary of the Treasury of the material so transferred. (c) Effective whenever the Secretary of the Treasury shall cancel any notes pursuant to subsection (b) of this section, the amount of notes, debentures, bonds, or other such obligations which the Reconstruction Finance Corporation is authorized and empowered to have outstanding at any one time under the provisions of existing law shall be deemed to be reduced by the amount of the notes so canceled. (June 7, 1939, ch. 190, § 6, 53 Stat. 812; May 28, 1941, ch. 135, 55 Stat. 206; July 23, 1946, ch. 590, 60 Stat. 598; Ex. Ord. No. 9809, Dec. 12, 1946, 11 F.R. 14281; Ex. Ord. No. 9841, Apr. 23, 1947, 12 F.R. 2645; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381.) AMENDMENTS 1946-Act July 23, 1946, amended section generally to provide for transfers to stock piles of surplus materials without reimbursement, and for the reduction of amount of obligations of Reconstruction Finance Corporation. Former provisions of section related to appropriations and are now covered by section 98g of this title. 1941-Act May 28, 1941, added provisions making funds from sales or other dispositions of property under sections 98-98e of this title available for expenditure for purposes of those sections. TRANSFER OF FUNCTIONS The functions, records, property, etc. of the War Assets Administration were transferred to the General Services Administration and the War Assets Administration was abolished by act June 30, 1949, set out as section 630c of Title 5, Executive Departments and Government Officers and Employees. The term "Army and Navy Munitions Board" was changed to "Munitions Board" on authority of act July 26, 1947, ch. 343, title II, § 213, 61 Stat. 505. Section 213 established the Munitions Board in the Department of Defense, terminated the Army and Navy Munitions Board effective as of date of assumption of office by first Chairman of Munitions Board, and transferred the records and personnel of the latter to the former. All functions under section 98 et seq. of this title vested in the Secretaries of the Army, Navy, Air Force, and Interior or in any of them or in any combination of them, including the functions vested in the Army and Navy Munitions Board by section 98e (2) of this title, but excluding the functions vested in the Secretary of the Interior by section 98f of this title, were transferred to the Director of the Office of Defense Mobilization by 1953 Reorg. Plan No. 3, § 2 (b), eff. June 12, 1953, 18 F. R. 3375, 67 Stat. 634, set out as a note under section 404 of this title. "Secretary of Commerce" was substituted for "Civilian Production Administration or its successor" in view of consolidation of Civilian Production Administration with other agencies to form Office of Temporary Controls, and transfer of functions of Office of Temporary Controls to the Secretary of Commerce by Ex. Ord. Nos. 9809 and 9841, set out as notes under section 601 of Appendix to this title. ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Section 6 (a) of 1957 Reorg. Plan. No. 1, effective June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out as a note under section 601 of Title 15, Commerce and Trade, abolished and Reconstruction Finance Corporation. CROSS REFERENCES Appropriations for investigations, etc., see section 98f of this title. § 98f. Investigations of domestic ores, minerals, and agriculture resources for purposes of development, etc. (a) The Secretary of the Interior, through the Director of the Bureau of Mines and the Director of Geological Survey, is authorized and directed to make scientific, technologic, and economic investigations concerning the extent and mode of occurrence, the development, mining, preparation, treatment, and utilization of ores and other mineral substances found in the United States or its Territories or insular possessions, which are essential to the common defense or the industrial needs of the United States, and the quantities or grades of which are inadequate from known domestic sources, in order to determine and develop domestic sources of supply, to devise new methods for the treatment and utilization of lower grade reserves, and to develop substitutes for such essential ores and mineral products; on public lands and on privately owned lands, with the consent of the owner, to explore and demonstrate the extent and quality of deposits of such minerals, including core drilling, trenching, testpitting, shaft sinking, drifting, cross-cutting, sampling, and metallurgical investigations and tests as may be necessary to determine the extent and quality of such deposits, the most suitable methods of mining and beneficiating them, and the cost at which the minerals or metals may be produced. (b) The Secretary of Agriculture is authorized and directed to make scientific, technologic, and economic investigations of the feasibility of developing domestic sources of supplies of any agricultural material or for using agricultural commodities for the manufacture of any material determined pursuant to section 98a of this title to be strategic and critical or substitutes therefor. (June 7, 1939, ch. 190, § 7, 53 Stat. 812; July 23, 1946, ch. 590, 60 Stat. 599.) AMENDMENTS 1946 Subsec. (a) reenacted by act July 23, 1946. Subsec. (b) amended generally by act July 23, 1946, to provide for agricultural investigations. Former provisions of subsec. (b) related to appropriations for carrying out the work of subsec. (a) and are now covered by section 98g of this title. TRANSFER OF FUNCTIONS All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F. R. 3219, 67 Stat. 633, set out as a note under section 511 of Title 5, Executive Departments and Government Officers and Employees. All functions under section 98 et seq. of this title vested in the Secretaries of the Army, Navy, Air Force, and Interior or in any of them or in any combination of them, including the functions vested in the Army and Navy Munitions Board by section 98e (2) of this title, but excluding the functions vested in the Secretary of the Interior by this section, were transferred to the Director of the Office of Defense Mobilization by 1953 Reorg. Plan No. 3, § 2 (b), eff. June 12, 1953, 18 F. R. 3375, 67 Stat. 634, set out as a note under section 404 of this title. § 98g. Appropriations. For the procurement, transportation, maintenance, rotation, storage, and refining or processing of the materials to be acquired under sections 9898h of this title, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as the Congress, from time to time, may deem necessary to carry out the provisions of said sections. The funds so appropriated, including the funds heretofore appropriated, shall remain available to carry out the purposes for which appropriated until expended, and shall be expended under the joint direction of the Secretary of the Army, the Secretary of the Air Force, and the Secretary of the Navy. (June 7, 1939, ch. 190, § 8, as added July 23, 1946, ch. 590, 60 Stat. 600.) CODIFICATION The Secretary of the Air Force was inserted under the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of such act July 26, 1947. Sec tions 205(a) and 207 (a), (f) of act July 26, 1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956 enacted “Title 10, Armed Forces", which in sections 3011-3013 and 8011-8013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively. § 98h. Disposition of receipts. Any funds prior to or after July 23, 1946, received on account of sales or other dispositions of materials under the provisions of sections 98-98h of this title, except funds received on account of the rotation of stocks, shall be covered into the Treasury as miscellaneous receipts. (June 7, 1939, ch. 190, § 9, as added July 23, 1946, ch. 590, 60 Stat. 600.) § 981. Repealed. Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1570. Section, act Aug. 3, 1956, ch. 939, title IV, § 416, 70 Stat. 1018, related to contracts for storage, handling, and distribution of liquid fuels and is now covered by section 2388 of Title 10, Armed Forces. § 99. Prohibition or curtailment of exportation of military equipment or supplies; penalties. CODIFICATION Section, act July 2, 1940, 10:55 a. m., E. S. T., ch. 508, § 6, 54 Stat. 714, was transferred to former section 701 of Appendix to this title and repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. § 100. Nitrate plants. (a) Investigations; designation of sites; construction and operation of dams, locks, improvements to navigation, etc. The President of the United States may make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is the best and cheapest to use; and is also authorized to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for national defense; and is further authorized to construct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and other plants and equipment or other means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of electrical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products. (b) Lease, purchase, or acquisition of lands and rights of way; purchase or acquisition of materials, minerals, and processes. The President is authorized to lease, buy, or acquire, by condemnation, gift, grant, cr devise, such lands and rights of way as may be necessary for the construction and operation of such plants and to take from any lands of the United States, or to buy or acquire by condemnation materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products. (c) Use of products of plants; disposal of surplus. The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by him under such regulations as he may prescribe. (d) Employment of officers, agents, or agencies. The President is authorized to employ such officers, agents, or agencies as may in his discretion be necessary to enable him to carry out the purposes herein specified, and to authorize and require such officers, agents, or agencies to perform any and all of the duties imposed upon him by the provisions hereof. (e) Government construction and operation. The plant or plants provided for under this section shall be constructed and operated solely by the Government and not in conjunction with any other industry or enterprise carried on by private capital. (Aug. 10, 1956, ch. 1041, § 37, 70A Stat. 634.) Chapter 6.-WILLFUL DESTRUCTION, ETC., OF Section 101, acts Apr. 20, 1918, ch. 59, § 1, 40 Stat. 533; Nov. 30, 1940, ch. 926, 54 Stat. 1220; Dec. 24, 1942, ch. 824, 56 Stat. 1087; 1946 Proc. No. 2695, eff. July 4, 1946, 11 F. R. 7517, 60 Stat. 1352, related to definition of war terms, and is now covered by section 2151 of Title 18, Crimes and Criminal Procedure. Section 102, act Apr. 20, 1918, ch. 59, § 2, 40 Stat. 534, related to destruction or injury of war material in time of war, and is now covered by section 2153 of Title 18, Crimes and Criminal Procedure. Section 103, act Apr. 20, 1918, ch. 59, § 3, 40 Stat. 534, related to making or. causing to be made defective war material, and is now covered by section 2154 of Title 18, Crimes and Criminal Procedure. Section 104, act Apr. 20, 1918, ch. 59, § 4, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, and amended Aug. 21, 1941, ch. 388, 55 Stat. 655, related to definition of national-defense terms, and is now covered by section 2151 of Title 18, Crimes and Criminal Procedure. Section 105, act Apr. 20, 1918, ch. 59, § 5, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, related to destruction or injury of national-defense materials, and is now covered by section 2155 of Title 18, Crimes and Criminal Procedure. Section 106, act Apr. 20, 1918, ch. 59, § 6, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, related to the making or causing to be made defective national-defense material, and is now covered by section 2156 of Title 18, Crimes and Criminal Procedure. Chapter 7.-INTERFERENCE WITH HOMING PIGEONS OWNED BY UNITED STATES SS 111-113. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. Section 111, act Apr. 19, 1918, ch. 58, § 1, 40 Stat. 533, related to prohibited acts affecting homing pigeons owned by United States, and is now covered by section 45 of Title 18, Crimes and Criminal Procedure. Section 112, act Apr. 19, 1918, ch. 58, § 2, 40 Stat. 533, related to possession of pigeons as evidence of violation of law, and is now covered by section 45 of Title 18, Crimes and Criminal Procedure. Section 113, act Apr. 19, 1918, ch. 58, § 3, 40 Stat. 533, related to punishment, and is now covered by section 45 of Title 18, Crimes and Criminal Procedure. Chapter 8.-EXPLOSIVES; MANUFACTURE, DISTRIBUTION, STORAGE, USE, AND POSSESSION REGULATED Sec. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143 144. Definitions. Unauthorized manufacture, distribution, possession, acquisition, etc., of explosives or ingredients. Same; exceptions generally. Same; exceptions in case of mines, quarries, etc. Application of prohibitory provisions; manufacture for, sale to, or possession by military or naval service. Records by licensees of disposition of explosives or ingredients. Licenses authorized to be issued. Licensing agents; applications for licenses; fees, records, and removal of agents; revocation of licenses. Term and renewal of license; qualifications of license applicants; revocation of license. Applications for licenses; necessity; contents. Information to be furnished by licensee or applicant upon request. False representations as to license; refusal to exhibit license. Markings on manufacturing or storage premises. Cancellation of license for violation of law. Exclusion of public from manufacturing or storage premises; discharge of firearms, etc. Investigations of explosions and fires. Supervision by Secretary of the Interior; cooperation with other agencies in administering chapter. Officers and employees for administration of chapter; appointment and employment. Same; disclosure of information obtained in course of duty. Rules and regulations. Penalties for violations of chapter. Laws to be operative only during war or national emergency. Agencies available for enforcement of law. § 121. Definitions. As used in this chapter (1) The terms "explosive" and "explosives" shall mean gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, and any chemical compounds or mechanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound or mixture or any part thereof may cause an explosion. The term "explosive" or "explosives" shall not include cartridges for small arms or shotguns, or such fireworks or signalling devices as are designated by the Director, nor shall such terms include ships' signal or emergency equipment. (2) The term "ingredients" shall mean phosphorus and active oxidizing chemicals that can be combined with one or more reducing materials to produce an explosive. (3) The term "person" shall include executive departments, independent establishments, and other agencies of the United States, the District of Columbia, Territories, and insular possessions of the United States, States, and municipalities and other political subdivisions thereof; and individuals, partnerships, associations, societies, and corporations. (4) The term "Director" shall mean the Director of the Bureau of Mines. (Oct. 6, 1917, ch. 83, § 1, 40 Stat. 385;' Dec. 26, 1941, ch. 633, § 2, 55 Stat. 863.) CODIFICATION Prior to amendment by act Dec. 26, 1941, provisions on this subject were contained in sections 2, 3, and 4 of act Oct. 6, 1917. SHORT TITLE Congress in enacting sections 121-142 of this title provided by section 21 of act Oct. 6, 1917, ch. 83, as added by act Dec. 26, 1941, that they should be popularly known as the "Federal Explosives Act." TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior, and all functions of all agencies and employees of that Department, were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out as a note under section 481 of Title 5, Executive Departments and Government Officers and Employees. The Director of the Bureau of Mines is an officer in the Department of the Interior, the Bureau of Mines being a bureau of that Department. GENERAL HISTORY OF SECTIONS 121-142 Sections 121-142 of this title are from the Federal Explosives Act. The text of that act, originally enacted by act Oct. 6, 1917, ch. 83, 40 Stat. 385, was "amended to read as follows" by act Dec. 26, 1941, ch. 633, § 2, 55 Stat. 863, amounting to a general revision of the entire act and frequently resulting in a redistribution of the subject matter of the original act into differently numbered sections of the revised act. Notes under the various sections indicate such redistribution of subject matter. The title of act Oct. 6, 1917, was amended by act Dec. 26, 1941, ch. 633, § 1, 55 Stat. 863, to read as follows: "An Act to regulate the manufacture, distribution, storage use, and possession of explosives, to authorize regulations for the safe manufacture, distribution, storage, use, and possession of the same, and for other purposes." § 122. Unauthorized manufacture, distribution, possession, acquisition, etc., of explosives or ingredients. No person shall manufacture, distribute, store, sell, issue, give, or otherwise dispose of explosives or ingredients unless such person is licensed under this chapter. Except as provided in section 124 of this title, no person shall distribute, sell, issue, give, or otherwise dispose of explosives or ingredients to a person who is not licensed under this chapter. Except as provided in section 124 of this title, no person shall possess, purchase, accept, receive, acquire, or use explosives or ingredients unless such person is licensed under this chapter. (Oct. 6, 1917, ch. 83, § 2, 40 Stat. 385; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864.) CODIFICATION Amendment by act Dec. 26, 1941, generally, see note under section 121 of this title. Provisions of the subject of section 2 of act Oct. 6, 1917, prior to its amendment by act Dec. 26, 1941, are now contained in sections 121 and 123 of this title. § 123. Same; exceptions generally. The purchase or possession of ingredients when purchased or held in small quantities and not used or intended to be used in the manufacture of explosives shall not be subject to the provisions of this chapter. This chapter shall not apply to explosives or ingredients which are in transit upon vessels, railroad cars, or conveyances in conformity with statutory law or with the rules and regulations of the Interstate Commerce Commission, or regulations of the Secretary of Commerce, or to explosives or ingredients which are in transit upon aircraft in conformity with statutory law or with the rules and regulations of the Administrator of the Federal Aviation Agency. This chapter shall not be construed to prevent the manufacture under the authority of the United States of explosives for, or their sale to or possession by, the military or naval service of the United States or the Federal Bureau of Investigation. This chapter shall not apply to arsenals, navy yards, depots or other establishments owned by, or operated by or on behalf of, the United States. The Director may, however, cooperate with the heads of departments having jurisdiction over such establishments. Nothing in this chapter shall be construed to modify or otherwise affect in any way the authority of the Federal Bureau of Investigation with respect to the investigation of explosions, accidents, or fires. (Oct. 6, 1917, ch. 83, § 3, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864; Nov. 24, 1942, ch. 641, 56 Stat. 1022; Aug. 23, 1958, Pub. L. 85-726, title XIV, § 1405, 72 Stat. 808.) CODIFICATION Amendment by act Dec. 26, 1941, generally, see note under section 121 of this title. Prior to amendment by act Dec. 26, 1941, provisions on this subject were contained in sections 2, 5, and 6 of act Oct. 6, 1917. Provisions on the subject of former section 3 of the latter act are now contained in section 121 of this title. AMENDMENTS 1958-Pub. L. 85-726 substituted "Administrator of the Federal Aviation Agency" for "Civil Aeronautics Board". 1942-Act Nov. 24, 1942, exempted explosives in transit upon aircraft. EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-726 effective on the 60th day following the date on which the Administrator of the Federal Aviation Agency first appointed under Pub. L. 85-726 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of Title 49, Transportation. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior, and all functions of all agencies and employees of that Department, were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out as a note under section 481 of Title 5, Executive Departments and Government Officers and Employees. The "Director", referred to in this section, meaning the Director of the Bureau of Mines, is an officer in the Department of the Interior, the Bureau of Mines being a bureau of that Department. All functions of all other officers of the Department of Justice, and all functions of all agencies and employees of that Department, were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out as a note under section 291 of Title 5, Executive Departments and Government Officers and Employees. The Federal Bureau of Investigation, referred to in this section, is a bureau of the Department of Justice. § 124. Same; exceptions in case of mines, quarries, etc. A superintendent, foreman, or other duly authorized employee at a mine, quarry, or other work, may. when licensed so to do, sell or issue to any employee under him such amount of explosives or ingredients as may be required by that employee in the performance of his duties. The employee may purchase or accept the explosives or ingredients so sold or issued, but the person so selling or issuing the same shall see that any unused explosives or ingredients are returned and that no explosives or ingredients are taken by the employee to any point not necessary to the carrying on of his duties. (Oct. 6, 1917, ch. 83, § 4, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864.) CODIFICATION Amendment by act Dec. 26, 1941, generally, see note under section 121 of this title. Prior to amendment by act Dec. 26, 1941, provisions on this subject were contained in section 5 of act Oct. 6, 1917. Provisions on the subject of former section 4 of the latter act are now contained in section 121 of this title. § 125. Application of prohibitory provisions; manufacture for, sale to, or possession by military or naval service. CODIFICATION Section, which was part of section 2 of act Oct. 6, 1917, ch. 83, 40 Stat. 385, before amendment by act Dec. 26, 1941, ch. 633, § 2, 55 Stat. 863, is now covered by section 123 of this title. § 126. Records by licensees of disposition of explosives or ingredients. Each person licensed to sell, issue, or otherwise dispose of explosives or ingredients shall keep a complete, itemized, and accurate record showing each person to whom and the purpose for which explosives or ingredients are sold, issued, or otherwise disposed of; the quantity and kind of explosives or ingredients sold, issued, or otherwise disposed of; and the date of such sale, issuance, or other disposition, and such other information as the Director by regulation may require. The record shall be sworn to and furnished to the Director or his authorized representatives whenever requested. (Oct. 6, 1917, ch. 83, § 5, 40 Stat. 386; Dec. 26, 1941, ch. 633. § 2, 55 Stat. 864.) CODIFICATION Amendment by act Dec. 26, 1941, generally, see note under section 121 of this title. Prior to amendment by act Dec. 26, 1941, provisions on this subject were contained in section 9 of act Oct. 6, 1917. Provisions on the subject of former section 5 of the latter act are now contained in sections 123 and 124 of this title. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior, and all functions of all agencies and employees of that Department, were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out as a note under section 481 of Title 5, Executive Departments and Government Officers and Employees. The "Director", referred to in this section, meaning the Director of the Bureau of Mines, is an officer in the Department of the Interior, the Bureau of Mines being a bureau of that Department. § 127. Licenses authorized to be issued. The Director is authorized to issue licenses as follows: (a) Manufacturer's license, authorizing the manufacture, possession, and sale of explosives and ingredients. (b) Vendor's license, authorizing the purchase, possession, and sale of explosives or ingredients. (c) Purchaser's license, authorizing the purchase, possession, and use of explosives and ingredients. (d) Foreman's license, authorizing the purchase and possession of explosives and ingredients and the sale and issuance of explosives and ingredients to employees as provided in section 124 of this title (e) Analyst's, educator's, inventor's and investigator's licenses, authorizing the purchase, manufacture, possession, testing, and disposal of explosives and ingredients. Nothing contained in this chapter shall be construed as requiring a license under this chapter for the exportation or importation of explosives or ingredients, license for which is required under the provisions of the joint resolution of Congress approved January 31, 1922 (42 Stat. 361), the joint resolution of Congress approved November 4, 1939 (54 Stat. 4), or the Act of Congress approved July 2, 1940 (ch. 508, 54 Stat. 712), or any proclamation or regulation issued pursuant thereto: Provided, however, That in all such cases the exporter or importer shall duly notify the Director of the character and quantity of the explosives or ingredients so exported or imported, and any other information the Director or any of his agents may from time to time require. No license under this chapter shall be required for the exportation of explosives or ingredients of explosives which constitute defense articles within the meaning of section 411 of Title 22, and which, under authority of section 412 (a) (2) of Title 22 have been sold, transferred, exchanged, leased, loaned, or otherwise disposed of to the government of any country whose defense the President deems vital to the defense of the United States. (Oct. 6, 1917, ch. 83, § 6, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 865.) REFERENCES IN TEXT Statutes referred to in text of this section are distributed in the Code as follows: Sections 411 and 412 of Title 22, referred to in text. were omitted from the Code. Joint Res. Jan. 31, 1922, ch. 44, 42 Stat. 361-repealed; now covered by section 1934 of Title 22, Foreign Relations and Intercourse. Joint Res. Nov. 4, 1939, ch. 2, 54 Stat. 4-sections 441, 444, 445, 447-451, and 453-457 of Title 22, Foreign Relations and Intercourse. CODIFICATION Amendment by act Dec. 26, 1941, generally, see note under section 121 of this title. Prior to amendment by act Dec. 26, 1941, provisions on this subject were contained in section 10 of act Oct. 6. 1917. Provisions on the subject of former section 6 of the latter act are now contained in section 123 of this title. REPEALS Act July 2, 1940, ch. 508, 54 Stat. 712, referred to in the text, was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 1041. |