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to the Senate and House of Representatives, respectively, a report of such examination and their recommendation. (Aug. 5, 1939, sec. 4, 53 Stat. 1219; 44 U. S. C., sec. 354.)
2012–5. Disposal of records; report to Congress on disposals.-If such joint committee report that any of the records described in the lists referred to them are not needed or useful in the transaction of the current business of the agency by which they were reported to the Archivist and have no permanent value or historical interest to the Federal Government, then it shall be the duty of the head of said agency to dispose of said records by one of the following methods:
(a) By sale, upon the best obtainable terms after due publication of notice inviting proposals therefor;
(b) By causing them to be destroyed;
(c) By transfer (without cost to the United States Government) to any State or dependency of the United States of America or to any appropriate educational institution, library, museum, historical, research, or patriotic organization therein, that has made application to him therefor, through the Archivist of the United States. All moneys derived from the sale of such records shall be paid into the Treasury of the United States by said agency.
If said joint committee shall fail to make a report during any regular or special session of Congress on any list of records that has been submitted to Congress by the Archivist not less than ten days prior to the adjournment of such session, the Archivist may empower the agency by which such records were reported to him to dispose of them by any of the methods prescribed in this section.
If it shall appear to the Archivist that any records reported to him in the manner prescribed by section 1 of this Act, while Congress is not in session, have no permanent value or historical interest and have the same form numbers or form letters or are of the same specific kind as other records of the same agency previously authorized for disposition by Congress, he may empower said agency to make disposition of said similar records by any of the methods prescribed in this section.
The Archivist shall submit to Congress at the beginning of each session a descriptive list of all records authorized for disposition by him during the preceding recess of Congress. (Aug. 5, 1939, sec. 5, 53 Stat. 1220; 44 U.S.C., sec. 355.)
2012–6. Report by agency head on disposal of records.-When any records of the United States Government have been disposed of in accordance with the provisions of section 5 of this Act, the head of the agency making such disposition shall submit a written report thereon to the Archivist of the United States in which he shall describe the character and volume of such records and state when and by what method the disposition thereof was accomplished. If any of the records described in a particular report are shown thereby to have been sold, such report shall give the amount of the purchase price received therefor and the total cost of effecting such sales. Said report shall also give the names and post-office addresses of all institutions, associations, or other organizations to which any records therein described have been transferred. (Aug. 5, 1939, sec. 6, 53 Stat. 1220; 44 U. S. C., sec. 356.)
2012–7. Archivist's report to Congress summarizing reports of agency heads.--The Archivist of the United States shall transmit to Con
gress, at the beginning of each regular session, a concise summarization of the data
contained in the reports filed with him by heads of agencies of the Government during the preceding fiscal year in compliance with the provisions of section 6 of this Act. (Aug. 5, 1939, sec. 7,53 Stat. 1220; 44 U.S. C., sec. 357.)
2012–8. Records dangerous to health, life and property; destruction.Whenever the Archivist shall determine that any records in his custody, or which have been reported to him by any agency under the terms of section 1 of this Act, are a continuing menace to human health or life or to property, he shall cause such records to be destroyed immediately at such place and by such method as he shall select: Provided, however, That if said records have been transferred to his custody, he shall report the disposition thereof to the Congress and to the agency from which they were transferred. (Aug. 5, 1939, sec. 8, 53 Stat. 1220; 44 U. S. C., sec. 358.)
2012–9. Report to Congress by Archivist of records in his custody.Whenever it shall appear to the Archivist that there are in his custody any records that are without permanent value or historical interest to the Federal Government he shall submit lists thereof to Congress in the manner provided by section 3 of this Act: Provided, however, That the Archivist shall not report to Congress, under the provisions of this section, records of any existing agency of the United States without the written consent of the said agency. (Aug. 5, 1939, sec. 9, 53 Sat. 1221; 44 U. S. C., sec. 359.)
2012–10. Éxclusiveness of procedure for disposal of records.--The procedures herein prescribed to be followed are exclusive, and no records of the United States Government may be alienated or destroyed except by authority sought and obtained under the provisions of this Act. (Aug. 5, 1939, sec. 10, 53 Stat. 1221; 44 U. S. C., sec. 360.)
2012–11. Repeal of inconsistent laws.-All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. (Aug. 5, 1939, sec. 11, 53 Stat. 1221; 44 U. S. C., sec. 361.)
2012-12. Disposal of photographed records authorized.—That whenever any agency of the United States Government shall have photographed or microphotographed all or any part of the records kept by or in the agency in a manner and on film that complies with the minimum standards of quality approved for permanent photographic records by the National Bureau of Standards, and whenever such photographs or microphotographs shall be placed in conveniently accessible files and provision made for preserving, examining, and using the same, the head of such agency may, with the approval of the Archivist of the United States, cause the original records from which the photographs or microphotographs have been made or any part thereof to be disposed of according to methods prescribed by law, provided records of the same specific kind in the particular agency have been previously authorized for disposition by Congress. (Sept. 24, 1940, Sec. 1, 54 Stat. 958.)
MERCHANT MARINE ACT, 1928
2019. Transportation of Governmental officials.-[This section was repealed by Act of June 29, 1936, sec. 903, 49 Stat. 2016. It was reenacted in substance by section 901 of the repealing act. See par. 2019-1, infra.]
MERCHANT MARINE ACT, 1936
2019-1. Officers and employees of the United States Government required to travel on American ships.—Any officer or employee of the United States traveling on official business overseas or to or from any of the possessions of the United States shall travel and transport his personal effects on ships registered under the laws of the United States where such ships are available unless the necessity of his mission requires the use of a ship under a foreign flag: Provided, That the Comptroller General of the United States shall not credit any allowance for travel or shipping expenses incurred on a foreign ship in the absence of satisfactory proof of the necessity therefor. (June 29, 1936, Title IV, sec. 901, 49 Stat. 2015; 46 U.S.C., sec. 1241.)
TELEGRAPHS, TELEPHONES, AND RADIO
WIRE OR RADIO COMMUNICATION
2027–1. Free communication services to United States agencies in connection with national defense authorized.—(a) Nothing in this Act [Communications Act of 1934] or in any other provision of law shall be construed to prohibit common carriers from issuing or giving franks to or exchanging franks with each other for the use of, their officers, agents, employees, and their families, or, subject to such rules as the Commission may prescribe, from issuing, giving, or exchanging franks and passes to or with other common carriers not subject to the provisions of this Act, for the use of their officers, agents, employees, and their families. The term "employees”, as used in this section, shall include furloughed, pensioned, and superannuated employees.
(b) Nothing in this Act or in any other provision of law shall be construed to prohibit common carriers from rendering to any agency of the Government free service in connection with the preparation for the national defense: Provided, That such free service may be rendered only in accordance with such rules and regulations as the Commission may prescribe therefor. (June 19, 1934, sec. 210, 48 Stat. 1073; June 25, 1940, 54 Stat. 580; 47 U. S.C., sec. 210.)
LEGISLATION SUPPLEMENTARY TO “INTERSTATE COMMERCE ACT
2046–1. Interstate transportation of convict made goods; prohibition where intended for use in violation of local law; exemption of Federal made goods for Federal use. That it shall be unlawful for any person knowingly to transport or cause to be transported, in any manner or by any means whatsoever, or aid or assist in obtaining transportation for or in transporting any goods, wares, and merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners (except convicts or prisoners on parole or probation), or in any penal or reformatory institution, from one State, Territory, Puerto Rico, Virgin Islands, or District of the United States, or place noncontiguous but subject to the jurisdiction thereof, or from any foreign country, into any State, Territory, Puerto Rico, Virgin
Islands, or District of the United States, or place noncontiguous but subject to the jurisdiction thereof, where said goods, wares, and merchandise are intended by any person interested therein to be received, possessed, sold, or in any manner used, either in the original package or otherwise in violation of any law of such State, Territory, Puerto Rico, Virgin Islands, or District of the United States, or place noncontiguous but subject to the jurisdiction thereof. Nothing herein shall apply to commodities manufactured in Federal penal and correctional institutions for use by the Federal Government. (July 24, 1935, sec. 1, 49 Stat. 494; 49 U. S. C., sec. 61.)
2046-2. Same; marking packages.-All packages containing any goods, wares, and merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners, except convicts or prisoners on parole or probation, or in any penal or reformatory institution, when shipped or transported in interstate or foreign commerce shall be plainly and clearly marked, so that the name and address of the shipper, the name and address of the consignee, the nature of the contents, and the name and location of the penal or reformatory institution where produced wholly or in part may be readily ascertained on an inspection of the outside of such package. (July 24, 1935, sec. 2, 49 Stat. 494; 49 U. S. C., sec. 62.)
2046-3. Same; penalties for violation.—Any person violating any provision of this Act shall for each offense, upon conviction thereof, be punished by a fine of not more than $1,000, and such goods, wares, and merchandise shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law. (July 24, 1935, sec. 3, 49 Stat. 495; 49 U. S. C., sec. 63.)
2046-4. Same.-Any violation of this Act shall be prosecuted in any court having jurisdiction of crime within the district in which said violation was committed, or from, or into which any such goods, wares, or merchandise may have been carried or transported, or in any Territory, Puerto Rico, Virgin Islands, or the District of Columbia, contrary to the provisions of this Act. (July 24, 1935, sec. 4, 49 Stat. 495; 49 U. S. C., sec. 64.)
2046–5. Transportation Act of 1940; Government to pay full rates for civil transportation; competitive bids for transportation services no longer necessary; land grant rates may be abolished.- (a) Notwithstanding any other provision of law, but subject to the provisions of sections i (7) and 22 of the Interstate Commerce Act, as amended, the full applicable commercial rates, fares, or charges shall be paid for transportation by any common carrier subject to such Act of any persons or property for the United States, or on its behalf, except that the foregoing provision shall not apply to the transportation of military or naval property of the United States moving for military or naval and not for civil use or to the transportation of members of the military or naval forces of the United States (or of property of such members) when such members are traveling on official duty; and the rate determined by the Interstate Commerce Commission as reasonable therefor shall be paid for the transportation by railroad of the United States mail: Provided, however, That any carrier by railroad and the United States may enter into contracts for the transportation of the United States mail for less than such rate: Provided further, That section 3709, Re
vised Statutes (U. S. C., 1934 edition, title 41, sec. 5), shall not hereafter be construed as requiring advertising for bids in connection with the procurement of transportation services when the services required can be procured from any common carrier lawfully operating in the territory where such services are to be performed.
(b) If any carrier by railroad furnishing such transportation, or any predecessor in interest, shall have received a grant of lands from the United States to aid in the construction of any part of the railroad operated by it, the provisions of law with respect to compensation for such transportation shall continue to apply to such transportation as though subsection (a) of this section had not been enacted until such carrier shall file with the Secretary of the Interior, in the form and manner prescribed by him, a release of any claim it may have against the United States to lands, interests in lands, compensation, or reimbursement on account of lands or interests in lands which have been granted, claimed to have been granted, or which it is claimed should have been granted to such carrier or any such predecessor in interest under any grant to such carrier or such predecessor in interest as aforesaid. Such release must be filed within one year from the date of the enactment of this Act. Nothing in this section shall be construed as requiring any such carrier to reconvey to the United States lands which have been heretofore patented or certified to it, or to prevent the issuance of patents confirming the title to such lands as the Secretary of the Interior shall find have been heretofore sold by any such carrier to an innocent purchaser for value or as preventing the issuance of patents to lands listed or selected by such carrier, which listing or selection has heretofore been fully and finally approved by the Secretary of the Interior to the extent that the issuance of such patents may be authorized by law. (Sept. 18, 1940; Sec. 321, 54 Stat. 954.)
2046–6. Transportation of Convict-made goods in Interstate Commerce made unlawful. - That whoever shall knowingly transport or knowingly cause to be transported in interstate commerce, in any manner or by any means whatsoever, or aid or assist, knowingly, in obtaining transportation for or in transporting any goods, wares, and merchandise manufactured, produced, or mined, wholly or in part by convicts or prisoners (except convicts or prisoners on parole or probation) or in any penal or reformatory institution, from one State, Territory, Puerto Rico, Virgin Islands, or District of the United States, or place noncontiguous but subject to the jurisdiction thereof, or from any foreign country, into any State, Territory, Puerto Rico, Virgin Islands, or District of the United States, or place noncontiguous but subject to the jurisdiction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment of not more than one year, or both: Provided, That nothing herein shall apply to commodities manufactured in Federal or District of Columbia penal and correctional institutions for use by the Federal Government or to commodities manufactured in any State penal or correctional institution for use by any other State, or States, or political subdivisions thereof; to parts for the repair of farm machinery; or to agricultural commodities: Provided further, That this Act shall go into effect one year after its approval by the President. (Oct. 14, 1940, 54 Stat. 1134.)