No part of any money appropriated by this Act shall be used for maintaining, driving, or operating any Government-owned motor-propelled passenger-carrying vehicle assigned for the exclusive use of persons other than the Secretary of War and medical officers on out-patient medical service. Sec. 2, act of Mar. 4, 1933 (47 Stat. 1601), making appropriations for the War Department.

No appropriation available for the executive departments and independent establishments of the Government for the fiscal year ending June 30, 1934, whether contained in this Act or any other Act, shall be expended

!

(b) For the maintenance, operation, and repair of any Government-owned motor-propelled passenger-carrying vehicle not used exclusively for official purposes; and "official purposes" shall not include the transportation of officers and employees between their domiciles and places of employment, except in cases of medical officers on out-patient medical services and except in cases of officers and employees engaged in field work the character of whose duties makes such transportation necessary and then only as to such latter cases when the same is approved by the head of the department or establishment concerned. The limitations of this subsection (b) shall not apply to any motor vehicle for official use of the President, or of the heads of the executive departments. Sec. 3, Title II, act of Mar. 3, 1933 (47 Stat. 1513), making appropriations for the Post Office Department.

The second and third provisions have been repeated in subsequent appropriation acts. // For the first five paragraphs of this section as published in the 1929 Edition, see 1967, ante. For sixth paragraph see 1968, ante. The seventh paragraph based on act of Feb. 28, 1929 (45 Stat. 1361), is omitted as superseded. See 1968, ante,

2072. Motor vehicles; transfer to departments generally.-The Secretary of War is authorized to transfer any unused and surplus motor-propelled vehicles and motor equipment of any kind, the payment for same to be made as provided herein, to any branch of the Government service having appropriations available for the purchase of said vehicles and equipment: Provided, That in case of the transfers herein authorized a reasonable price not to exceed actual cost, and if the same have been used, at a reasonable price based upon length of usage, shall be determined upon and an equivalent amount of each appropriation available for said purchase shall be covered into the Treasury as a miscellaneous receipt, and the appropriation in each case reduced accordingly: Provided further, That it shall be the duty of each official of the Government having such purchases in charge to procure the same from any such unused or surplus stock if possible: Provided further, That hereafter no transfer of motor-propelled vehicles and motor equipment, unless specifically authorized by law, shall be made free of charge to any branch of the Government service. Sec. 5, act of July 19, 1919 (41 Stat. 233); 10 U. S. C. 1267.

2073. Motor vehicles; transfer to Department of Agriculture. That the Secretary of War be, and he is hereby, authorized in his discretion to transfer to the Secretary of Agriculture all available war material, equipment, and supplies not needed for the purposes of the War Department, but suitable for use in the improvement of highways, and that the same be distributed among the highway departments of the several States to be used on roads constructed in whole or in part by Federal aid, such distribution to be made upon a value basis of distribution the same as provided by the Federal aid road Act, approved July 11, 1916: Provided, That the Secretary of Agriculture, at his discretion, may reserve from such distribution not to exceed 10 per centum of such material, equipment, and supplies for use in the construction of national

forest roads or other roads constructed under his direct supervision. Sec. 7, act of Feb. 28, 1919 (40 Stat. 1201).

That the Secretary of War be, and he is hereby, authorized and directed to transfer such motor-propelled vehicles and motor equipment, including spare parts, pertaining to the Military Establishment as are or may hereafter be found to be surplus and no longer required for military purposes, to (a) the Department of Agriculture, for use in the improvement of highways and roads under the provisions of section 7 of the Act approved February 28, 1919, entitled "An Act making appropriations for the service of the Post Office Department, for the fiscal year 1920, and for other purposes": Provided, however, That no more motor-propelled vehicles, motor equipment, and other war material, equipment, and supplies, the transfer of which is authorized in this Act, shall be transferred to the Department of Agriculture for the purposes named in section 7 of said Act than said Department of Agriculture shall certify can be efficiently used for such purposes within a reasonable time after such transfer;

Sec. 1, act of Mar. 15, 1920 (41 Stat. 530); 23 U. S. C. 51.

That the Secretary of War is hereby authorized and directed to transfer to the Department of Agriculture, under the provisions of section 7 of the Act approved February 28, 1919, entitled "An Act making appropriations for the service of the Post Office Department for the fiscal year 1920, and for other purposes," for use in the improvement of highways and roads, as therein provided, the following war material, equipment, and supplies pertaining to the Military Establishment as are or may hereafter be found to be surplus and not required for military purposes, to wit: Road rollers, graders, and oilers; sprinkling wagons; concrete mixers; derricks, pile-driver outfits, complete; air and steam drill outfits; centrifugal and diaphragm pumps with power; rock crushers; clamshell and orangepeel buckets; road scarifiers; caterpillar and drag-line excavators; plows: cranes; trailers; rubber and steam hose; asphalt plants; steam shovels; dump wagons; hoisting engines; air-compressor outfits with power; boilers; drag. Fresno, and wheel scrapers; stump pullers; wheelbarrows; screening plants; wagon loaders; blasting machines; hoisting cable; air hose; corrugated-metal calverts; explosives and exploders; engineers' transits, levels, tapes, and similar supplies and equipment; drafting machines; planimeters; fabricated bridge materials; industrial railway equipment; conveyors, gravity and power; donkey engines; corrugated-metal roofings; steel and iron pipe; wagons and similar equipment and supplies such as are used directly for road-building purposes. Sec. 2, act of Mar. 15, 1920 (41 Stat. 530); 23 U. S. C. 52.

That freight charges incurred in the transfer of the property provided for in this Act shall not be defrayed by the War Department; and if the War Depart ment shall load any of said property for shipment, the expense of said loading shall be reimbursed the War Department by the department to which the property is transferred by an adjustment of the appropriations of the two depart ments * * *. Sec. 4, act of Mar. 15, 1920 (41 Stat. 531); 16 U. S. C. 561; 23 U. S. C. 52a; 24 U. S. C. 29a; 39 U. S. C. 503.

That the provisions of the Act of July 16, 1914 (Thirty-eighth Statutes, page 454), prohibiting the expenditure of appropriations by any of the executive departments or other Government establishments for the maintenance, repair, or operation of motor-propelled or horse-drawn passenger-carrying vehicles in the absence of specific statutory authority, shall not apply to vehicles transferred, or hereafter to be transferred, by the Secretary of War to the Depart ment of Agriculture for the use of the department under the provisions of this Act, or under the provisions of section 7 of the Act of February 28, 1919, referred

to in section 1 hereof: Provided, however, That nothing in this: Act contained shall be held or construed to modify, amend, or repeal the provisions of the last proviso under the item entitled "Contingencies of the Army," as contained in the Act entitled “An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1920, and for other purposes," approved July 11, 1919, except as to direction for the transfer of those articles enumerated in section 2 hereof. Sec. 6, act of Mar. 15, 1920 (41 Stat. 531); 5 U. S. C. 81. That the Secretary of War be, and he is hereby, authorized and directed to transfer to the Secretary of Agriculture, upon his request, all war material, equipment, and supplies now or hereafter declared surplus from stock now on hand and not needed for the purposes of the War Department but suitable for use in the improvement of highways, and that the same shall be distributed among the highway departments of the several States to be used in the construction, reconstruction, and maintenance of highways, such distribution to be upon the same basis as that hereinafter provided for in this Act in the distribution of Federal-aid. fund: * ** Sec. 5, act of Nov. 9, 1921 (42 Stat. 213). Provisions authorizing and directing the Secretary of War to transfer materials, machinery, and equipment to the Department of Agriculture, for similar purposes, have appeared in later acts. See, for example, the act of Mar. 4, 1925 (43 Stat. 1281).

The first paragraph of this section, based on section 7, act of February 28, 1919 (40 Stat. 1201), and the last paragraph, based on section 5, act of November 9, 1921 (42 Stat. 213), have been eliminated from the United States Code (23 U. S. C. 5), although held by the War Department to be still in effect (J. A. G. 010.3, June 22, 1928, p. 21; Nov. 12, 1929, p. 264). For acts referred to in fifth paragraph, see 2070, ante; 2103, post.

The first paragraph of the text of this section as published in the 1929 Edition, based on R. S. 227, was expressly repealed by sec. 1, act of Mar, 3, 1933 (47 Stat. 1428). The second paragraph, based on R. S. 226; 5 U. S. C. 201, is omitted as obsolete, in view of the fact that the duties thereunder are now performed by the Weather Bureau under act of October 1, 1890 (26 Stat. 653).

Notes of Decisions

Effect on prior statutes.-The first para- | material, equipment, and supplies not needed graph of this section is not repealed by sec- for the purposes of the War Department, but tion 5. act of July 11, 1919 (41 Stat. 233); suitable for use in the improvement of high10 U. S. C. 1267, ante, 2072, and hence the ways to be used on roads conpower of the Secretary of War remains in full structed in whole or in part by Federal aid." force "in his discretion to transfer to the (1919) 32 Op. Atty. Gen. 45. Secretary of Agriculture all available war

2074. Motor vehicles; transfer to Post Office Department.-That the Secretary of War be, and he is hereby, authorized and directed to transfer such motorpropelled vehicles and motor equipment, including spare parts, pertaining to the Military Establishment as are or may hereafter be found to be surplus and no longer required for military purposes, to ** (b) the Post Office Department for use in the transmission of mail; *. Scc. 1, act of Mar. 15, 1920 (41 Stat. 530) ; 39 U. S. C. 502.

*

That the Secretary of War is authorized hereafter, in his discretion, to deliver and turn over to the Postmaster General, without charge therefor, from time to time, such motor vehicles, * and parts thereof, and machinery

and tools to repair and maintain the same, as may be suitable for use in the Postal Service; and the Postmaster General is authorized to use the same in the transportation of the mails and to pay the necessary expenses, thereof, including the replacement, maintenance, exchange, and repair of such equipment, out of any appropriation available for the service in which such vehicles or aeroplanes are used. Sec. 8, act of July 2, 1918 (40 Stat. 753); sec. 3, act of Apr. 24, 1920 (41 Stat. 583); 39 U. S. C. 504.

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2075. Ordnance and ordnance stores; sale in general.-Hereafter dividual pieces of United States armament which are not needed on account of historical value, and can be advantageously replaced, may be sold at a price not less than their cost price, when there exists for such sale sentimental reasons adequate in the judgment of the Secretary of War or Secretary of the Navy. Act of Mar. 2, 1905 (33 Stat. 841); 34 U. S. C. 545; 50 U. S. C. 69.

That the Chief of Ordnance is hereby authorized to sell without advertisement for public parks, public buildings, and soldiers' monuments purposes surplus obsolete brass or bronze cannon, carriages and cannon balls at such prices as he may deem reasonable and just: Provided, That hereafter obsolete brass or bronze cannon and their accessories shall not be disposed of for such purposes except as provided for in this Act. Sec. 47, act of Mar. 4, 1909 (35 Stat. 1075); 50 U. S. C. 68.

The text of this section as published in the 1929 Edition, based on sec. 1, act of March 4, 1929 (45 Stat. 1595), has been superseded. See 2105, post.

2076. Ordnance and ordnance stores; sale to American designers.-* The Secretary of War is hereby authorized to sell to American designers such serviceable ordnance and ordnance stores as may be necessary in the development of designs which may be used in the military service: Provided, That such ordnance and ordnance stores can be spared for the purpose, and funds arising from such sales shall be available to replace like ordnance and ordnance stores. Act of Apr. 23, 1904 (33 Stat. 276); 50 U. §. C. 65.

By 1765, ante, credits to replacement accounts of proceeds of sales under this section are limited to the actual cost of the supplies to the War Department.

2077. Ordnance and ordnance stores; sale to American National Red Cross.— Sales of ordnance stores are authorized * * to the American National Red Cross under such regulations as may be prescribed by the Secretary of War. Act of Mar. 3, 1909 (35 Stat. 750); 50 U. S. C. 71.

For first paragraph of this section as published in the 1929 Edition, see 2015, ante. The second paragraph, based on act of May 12, 1917 (40 Stat. 43); 10 U. S. C. 1272, was reenacted with certain modifications and superseded by chapter 1, act of July 9, 1918 (40 Stat. 849) (J. A. G. 400.22, May 19, 1933). See 2015, ante.

2078. Ordnance and ordnance stores; sale to civilian employees.-Sales of ordnance stores are authorized to civilian employees of the Army under such regulations as may be prescribed by the Secertary of War. Act of Mar. 3, 1909 (35 Stat. 750); 50 U. S. C. 71.

The second paragraph of this section as published in the 1929 Edition, based on section 10, act of March 4, 1915 (38 Stat. 1054); 5 U. S. C. 79, exempting vehicles used in river and harbor work from the provisions of section 5, act of July 16, 1914, ante, 1971, was repealed by the War Department appropriation act of March 4, 1933 (47 Stat. 1599); 5 U. S. C. 78a. For other paragraphs, see 1971, 2073, ante.

2079. Ordnance and ordnance stores; issue to District of Columbia high schools. That the Secretary of War is authorized to issue, at his discretion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, such as may appear to be required for military instruction and practice by the students of the High Schools of Washington, District of Columbia, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe-keeping thereof, and for the return of the same when required. Pub. res. of Feb. 5, 1891 (26 Stat. 1113); 10 U. S. C. 1183.

2080. Ordnance and ordnance stores; issue to educational institutions.-That the Secretary of War is hereby authorized to issue, at his discretion and under proper regulations to be prescribed by him, without cost of transportation to

the United States, such obsolete ordnance and ordnance stores as may be available ot State and Territorial educational institutions

drill and instruction.

for purposes of

a

And the Secretary of War shall require from such institutions bond in each case in double the value of the property issued, for the care and safe-keeping thereof and for the return of the same to the United States when required: Provided, That the issues herein provided for shall be made only to institutions upon recommendation of the governors of States and Territories and shall not be made in any case to any educational institution to which issues of such stores are allowed to be made under provisions of existing law. Act of June 30, 1906 (34 Stat. 817); 50 U. S. C. 62a.

Hereafter ammunition of older model than current may be issued for the instruction in target practice of students at the institutions to which the issue of artillery is anthorized to the value of not more than five thousand dollars of original cost in any one year. Act of Mar. 3, 1909 (35 Stat. 730); 10 U. S. C. 1184.

Provided further, That the Secretary of War is hereby authorized to issue, without expense to the United States, for use in target practice, United States magazine rifles and appendages therefor not of the existing service model and not necessary for the maintenance of a proper reserve supply, together with forty rounds of ball cartridges suitable to said arm, for each range at which target practice is had, not to exceed a total of one hundred and twenty rounds per year per man participating in target practice, * ** to schools having a uniformed corps of cadets and carrying on military training, in sufficient number for the conduct of proper target practice.

Issues of public property under this provision shall be made in compliarce with regulations prescribed by the Secretary of War insuring the designed use of the property issued, providing against loss to the United States through lack of proper care, and for the return of the property when required, and embodying such other requirements as he may consider necessary adequately to safeguard the interests of the United States. Act of Apr. 27, 1914 (38 Stat. 370); 10 U. S. C. 1185.

* * *

The Secretary of War is hereby authorized to issue, under such rules and regulations as he may prescribe, for use in target practice, targets, target materials, and other necessary accessories, to schools having a uniformed corps of cadets and carrying on military training, in sufficient number for the proper conduct of target practice. Sec. 1, act of Aug. 29, 1916 (39 Stat. 643).

The omitted portions of the last two paragraphs, providing for issues to rifle clubs organized under the rules of the National Board for the Promotion of Rifle Practice, are considered as superseded by 2085, post. (Op. J. A. G. 300.3, April 23, 1936; February 4, 1939).

2081. Ordnance and ordnance stores; sale to educational institutions.-Sales of articles of ordnance property are authorized to educational institutions * * * for maintaining the ordnance and ordnance stores issued to them. Act of May 11, 1908 (35 Stat. 125); 50 U. S. C. 63.

2082. Ordnance and ordnance stores; issue to National Guard.-Under such regulations as the President may prescribe, whenever a new type of equipment, small arm, or field gun shall have been issued to the National Guard of the several States, Territories, and the District of Columbia, such equipment, small arms, and field guns, including all accessories, shall be furnished without charging the cost or value thereof or any expense connected therewith against the appropriations provided for the support of the National Guard. Sec. 84, act of June 3, 1916 (39 Stat. 204); 32 U. S. C. 35.