900f. Same; for A Century of Progress.-The heads of the various executive departments and independent offices and establishments of the Government are authorized to cooperate with the commissioner in thè procurement, installation, and display of exhibits; to lend to A Century of Progress (the Chicago World's Fair Centennial Celebration), with the knowledge and consent of the com missioner, such articles, specimens, and exhibits which the commissioner shall deem to be in the interest of the United States to place with the science or other exhibits to be shown under the auspices of that corporation; to contract for such labor or other services as shall be deemed necessary, and to designate officials or employees of their departments or branches to assist the commis sioner. At the close of the exposition, or when the connection of the Govern ment of the United States therewith ceases, the commissioner shall cause all such property to be returned to the respective departments and branches from which taken, and any expenses incident to the restoration of such property to a condition which will permit its use at subsequent expositions and fairs, and for the continued employment of personnel necessary to close out the fiscal and other records and prepare the required reports of the participating organizations, may be paid from the appropriation provided; and if the return of such property is not practicable, he may, with the consent of the department or branch from which it was taken, make such disposition thereof as he may deem advisable and account therefor. Sec. 4, act of Feb. 8, 1932 (47 Stat. 40), 900p. Same; by Public Health Service. That upon the request of the head of an executive department or an independent establishment which is carrying on a public-health activity, the Secretary of the Treasury is authorized to detail officers or employees of the Public Health Service to such department or independent establishment in order to cooperate in such work. When officers or employees are so detailed their salaries and allowances shall be paid by the Public Health Service from applicable appropriations. Sec. 1, act of Apr. 9, 1930 (46 Stat. 150); U.S.C. 42:71. 900q. Same; by Bureau of Standards. For testing miscellaneous materials, such as varnish materials, soap materials, inks, and chemicals, including supplies for the Government departments and independent establishments, including personal services in the District of Columbia and in the field, as authorized by law. Title III, act of Jan. 25, 1929 (45 Stat. 1122), making appropriations for the Department of Commerce. That there is hereby authorized to be established in the Bureau of Standards of the Department of Commerce a national hydraulic laboratory for the deter mination of fundamental data useful in hydraulic research and engineering, including laboratory research relating to the behavior and control of river and harbor waters, the study of hydraulic structures and water flow, and the development and testing of hydraulic instruments and accessories: Provided, That no test, study, or other work on a problem or problems connected with a project the prosecution of which is under the jurisdiction of any department or independent agency of the Government shall be undertaken in the laboratory herein authorized until a written request to do such work is submitted to the Director of the Bureau of Standards by the head of the department or independent agency charged with the execution of such project. May 14, 1930 (46 Stat. 327); U.S.C. 15: 282. * * Sec. 1, act of 900r. Same; by United States prisoners.-The Attorney General may make available the services of United States prisoners to the heads of the several departments under such terms, conditions, and at such rates as may be mutually agreed upon, for the purpose of constructing or repairing roads the cost of which is borne exclusively by the United States; clearing, maintaining, and reforesting public lands; building levees; and for construction or repairing any other public ways or works which are or may be financed wholly or in major part by funds appropriated from the Treasury of the United States. To carry out the purpose of this section the Attorney General may establish, equip, and maintain camps upon sites selected by him and designate such camps as a place for confinement of persons convicted of an offense against the laws of the United States, or transfer thereto any person convicted of any offense against the laws of the United States. The expenses of transferring and maintaining prisoners at such camps shall be paid from the appropriation Support of United States prisoners," and said appropriation may, in the discretion of the Attorney General, be reimbursed for such expenses. Sec. 2, act of May 27, 1930 (46 Stat. 391); U.S.C. 18:7446. 900s. Same; by War Department. * * * And provided further, That the first and each succeeding alternate cruiser upon which work is undertaken, together with the main engines, armor, and armament for such eight cruisers, the construction and manufacture of which is authorized by this Act, shall be constructed or manufactured in the Government navy yards, naval gun factories, naval ordnance plants, or arsenals of the United States, except such material or parts as are not customarily manufactured in such Government plants. Sec. 1, act of February 13, 1929 (45 Stat. 1165). * * and that no part of the moneys herein appropriated for the Naval Establishment or herein made available therefor shall be used or expended under contracts hereafter made for the repair, purchase, or acquirement, by or from any private contractor, of any naval vessel, machinery, article or articles that at the time of the proposed repair, purchase, or acquirement can be repaired, manufactured, or produced in each or any of the Government navy yards or arsenals of the United States, when time and facilities permit, and when, in the judgment of the Secretary of the Navy, such repair, purchase, acquirement, or production would not involve an appreciable increase in cost to the Government: Provided, That nothing herein shall be construed as altering or repealing the proviso contained in section 1 of the Act to authorize the construction of certain naval vessels, approved February 13, 1929, which provides that the first and each succeeding alternate cruiser upon which work is undertaken, together with the main engines, armor, and armament shall be constructed or manufactured in the Government navy yards, naval gun factories, naval ordnance plants, or arsenals of the United States, except such material or parts as are not customarily manufactured in such Government plants. Act of Feb. 28, 1931 (46 Stat. 1450), making appropriations for the Navy Department. The first paragraph above was omitted from the original text of the Military Laws, 1929, The second paragraph has appeared in prior appropriation acts. irecta endent act of make Several tually cost of CHAPTER 18 INSIGNIA Unauthorized manufacture, sale, or posses- National anthem, 927a. sion of official insignia, 925a. 901. Medal of honor; establishment. By act of February 14, 1931 (46 Stat. 1110), U.S.C. 39: 830, there was established an ́"air-mail flyer's medal of honor," to be presented by the President, but not in the name of Congress, for heroism or extraordinary achievement in the air-mail service. "U.S.C. 10: 1402" should be eliminated from the citation to the first paragraph of this section. 912. Medal of honor, distinguished-service cross, distinguished-service medal, etc.; replacement when lost or damaged. Change citation to first paragraph to read: Pub. res. of April 15, 1904 (38 Stat. 588); U.S.C. 5: 116. 914. Distinguished-flying cross. By act of June 9, 1930 (46 Stat. 530), the provision in Executive Order No. 4576, January 28, 1927, establishing a limiting period of two years from the date of the act or achievement meriting the award for the initiation of a recommendation for such award, was waived in favor of the personnel of the Alaskan Aerial Survey Expedition of the Navy. Distinguished-flying crosses in recognition of trans-Atlantic flights were authorized to be presented to Amelia Earhart Putnam by resolution of July 2, 1932 (47 Stat. 571), and to Russell N. Boardman and John L. Polando by act of July 11, 1932 (47 Stat. 655); and in recognition of their airplane flight around the world, to Wiley Post and Harold Gatty by the latter act. 916. Philippine Congressional Medal. "U.S.C. 10: 1413a" should be added to the citation to this section. 925a. Unauthorized manufacture, sale, or possession of official insignia.—That hereafter the manufacture, sale, or possession of any badge, identification card, or other insignia, of the design prescribed by the head of any department or independent office of the United States for use by any officer or subordinate thereof, or of any colorable imitation thereof, is prohibited, except when and as authorized under such regulations as may be prescribed by the head of the department or independent office of which such insignia indicates the wearer is an officer or subordinate. Sec. 1, act of June 29, 1932 (47 Stat. 342); U.S.C. 18:76a. Any person who offends against the provisions of this act shall, upon conviction, be punished by a fine not exceeding $250 or by imprisonment for not exceeding six months, or by both such fine and imprisonment. Sec. 2, act of June 29, 1932 (47 Stat. 342); U.S.C. 18:766. 927. Disrespect to the flag in the District of Columbia. "U.S.C. 4:3" should be omitted from the citation to this section. 927a. National anthem. That the composition consisting of the words and music known as The Star-Spangled Banner is designated the national anthem of the United States of America. Act of Mar. 3, 1931 (46 Stat. 1508); U.S.C. 36:144. Public buildings: CHAPTER 19 LANDS AND BUILDINGS Acquisition of sites; opinion of Attor ney General on validity of title, 944. Cost limit, 945a. Buildings at military posts; cost limit; Lease to the United States, considera- In the District of Columbia; unau- Cemeteries, erection of headstones and Foreign cemeteries; pilgrimages of mothers Fortifications; installation of armament, Lands in general: Possession and title, 984a. Restrictions on purchase, 985. Lands for fortifications, coast defenses, and Lands acquired or reserved for military purposes: Lease, 997. Permits for roads, ferry landings, and bridges, 999. Sale: General provisions, 1003. To States, counties, or municipalities, 1007. Transfer: To Department of Agriculture for highway purposes, 1013a. To Public Health Service, 1014a. Lands for flood-control purposes; condemnation, 1019. Lands acquired for storage purposes; sale Military posts: establishment, 1031. Investigations, surveys, and acquisi- Offenses and jurisdiction, 1036. National monuments; establishment, 1039. Public works; advance planning, 1042a. Roads to national cemeteries: maintenance, 1046. Roads and trails in Alaska; board of road commissioners, 1049. 944. Public buildings, acquisition of sites; opinion of Attorney General on validity of title.-No public money shall be expended upon any site or land purchased by the United States for the purpose of erecting thereon any armory, arsenal, fort, fortification, navy yard, customhouse, lighthouse, or other public building of any kind whatever, until the written opinion of the Attorney General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. The district attorneys of the United States, upon the application of the Attorney General, shall furnish any assistance or information in their power in relation to the titles of the public property lying within their respective districts. And the secretaries of the departments, upon the application of the Attorney General, shall procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of the Government, and the expense of procuring it shall be paid out of the appropriations made for the contingencies of the departments, respectively: Provided, however, That in all cases of the acquisition of land or any interest therein by the United States for the purpose herein specified or for other purposes, wherein the written opinion of the Attorney General in favor of the validity of the title of such land is or may be required or authorized by law, the Attorney General may, in his discretion, base such opinion upon a certificate of title of a title company. R.S. 355, as amended by act of June 28, 1930 (46 Stat. 828); U.S.C. 34: 520; 40:255; 50:175. The first paragraph of this section has been amended to read as above. * * * * * In any case in which the United States has taken or may take possession of any real property during the course of condemnation proceedings and in advance of final judgment therein and the United States has become irrevocably committed to pay the amount ultimately to be awarded as compensation, it shall be lawful to expend moneys duly appropriated for that purpose in demolishing existing structures on said land and in erecting public buildings or public works thereon, notwithstanding the provisions of section 355 of the Revised Statutes of the United States: Provided, That in the opinion of the Attorney General the title has been vested in the United States or all persons having an interest therein have been made parties to such proceeding and will be bound by the final judgment therein. Sec. 5, act of Feb. 26, 1931 (46 Stat. 1422); U.S.C. 40: 258e. The above provision is added as a new paragraph of this section. NOTES OF DECISIONS Necessity and requisites of consent to purchase.-N.Y. Laws 1896, c. 391, and N.Y. Laws 1929, c. 242, as they have been respectively amended, express the consent of the legislature of the State of New York to the acquisition of land by the United States within their respective limitations. Act of 1899 should be complied with in the matter of sites, not exceeding 2 acres in extent, for "post offices and other governmental offices" in cities or villages, as has been done in the past; and Act of 1896, supra, should be complied with in the matter of other acquisitions of land embraced within the scope of its language. (1929) 36 Op. Atty. Gen. 86. Acceptance of cession of State may be implied from use, and use for military purposes does not restrict the Government's title to that use. Columbia River Packers' Ass'n, Inc., v. U.S. (C.C.A. 1928) 29 F. (2d) 91. 945a. Public buildings; cost limit.-Authorizations heretofore granted by law for the construction of public buildings and public improvements, whether an appropriation therefor has or has not been made, are hereby amended to provide for a reduction of 10 per centum of the limit of cost as fixed in such authorization, as to projects where no contract for the construction has been made. As to such projects where a contract has been made at a cost less than that upon which the authorization was based, such cost shall not, unless authorized by the President, be increased by any changes or additions not essential for the completion of the project as originally planned. Sec. 320, Title III, Part II, act of June 30, 1932 (47 Stat. 412). 948. Buildings at military posts; construction and repair to be by contract. As funds are no longer appropriated for the construction of quarters for "hospital stewards," the second paragraph of this section, based on act of February 27, 1893 (27 Stat. 484), making appropriations for the support of Army, U.S.C. 10:1340, should be omitted as obsolete. 950. Same; cost limit, permanent barracks and quarters. * * * * * * Provided further, That no part of the funds herein appropriated shall be available for construction of a permanent nature of an additional building or an extension or addition to an existing building, the cost of which in any case exceeds $20,000: Title I, act of Feb. 23, 1931 (46 Stat. 1287), making appropriations for the support of the War Department. The above provision, added as a new paragraph of this section, appeared in the act cited, under the heading "Barracks and quarters and other buildings and utilities." |