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department concerned to a board of arbitration for determination and the finding of such board shall, with the approval of the said Secretary, be conclusive on both parties. Such board of arbitration shall be composed of three skilled aeronautical engineers, one selected by the said Secretary, one by the claimant, and the third by those two, no one of whom shall have been a member of the board of appraisal in that competition. Sec. 10 (h), act of July 2, 1926 (44 Stat. 786); 10 U. 8. C. 310 (h).
Any person, firm, or corporation that shall complain that his, their, or its designs hereafter developed relating to aircraft or any components thereof are used or manufactured by or for any department of the Government without just compensation from either the Government or any other source, may within four years from the date of such use file suit in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture after the date of this Act. Sec. 10 (i), act of July 2, 1926 (44 Stat. 786); 10 U.S. C. 310 (i).
Only citizens of the United States, and corporations of which not less than three-fourths of the capital stock is owned by citizens of the United States, and of which the members of the boards of directors are citizens of the United States, and having manufacturing plants located within the continental limits of the United States shall be eligible to be awarded any contract under this section to furnish or construct aircraft, aircraft parts, or aeronautical accessories for the United States Government, except that a domestic corporation whose stock shall be listed on a stock exchange shall not be barred by the provisions of this section unless and until foreign ownership or control of a majority of its stock shall be known to the Secretary of War or the Secretary of the Navy, as the case may be and no aliens employed by a contractor for furnishing or constructing aircraft or aircraft parts, or aeronautical accessories for the United States shall be permitted to have access to the plans or specifications or the work under construction or to participate in the contract trials without the written consent beforehand of the Secretary of the department concerned. Sec. 10 (j), act of July 2, 1926 (44 Stat. 787); 10 U. 8. C. 310 (j).
The Secretary of War or the Secretary of the Navy may at his discretion purchase abroad or in the United States, with or without competition, by contract or otherwise, such designs, aircraft, aircraft parts, or aeronautical accessories as may be necessary in his judgment for experimental purposes in the development of aircraft or aircraft parts or aeronautical accessories of the best kind for the Army or the Navy, as the case may be, and if as a result of such procurement, new and suitable designs considered to be the best kind for the Army or the Navy are developed, he may enter into contract, subject to the requirements of paragraph (j) of this section, for the procurement in quantity of such aircraft, aircraft parts, or aeronautical accessories without regard to the provisions of paragraphs (a) to (e), inclusive, hereof. Sec. 10 (k), act of July 2, 1926 (44 Stat. 787); 10 U. 8. C. 310 (k).
The manufacturing plant, and books, of any contractor for furnishing or constructing aircraft, aircraft parts, or aeronáutical accessories, for the War Depart. ment or the Navy Department, or such part of any manufacturing plant as may be so engaged, shall at all times be subject to inspection and audit by any person designated by the head of any executive department of the Government. Sec. 10 (1), act of July 2, 1926 (44 Stat. 787); 10 U.S. C. 310 (1).
All audits and reports of inspection made under the provisions of this section shall be preserved by the Secretary of War or the Secretary of the Navy, as the case may be, for a period of ten years, and shall be subject to inspection by any committee of Congress, and the said Secretaries shall annually make a detailed
organized, armed, and equipped for field iservice, funds allotted to that State, Territory, or District for the support of its National Guard may be used for the purchase, from the War Department, of any article issued by any of the supply departments of the Army. Sec. 83, act of June 3, 1916 (39 Stat. 204); 32 U. 8. C. 33.
Any State, Territory, or the District of Columbia may, with the approval of the Secretary of War, purchase for cash from the War Department for the use of the National Guard, including the officers thereof, any stores, supplies, material of war, and military publications furnished to the Army, in addition to those issued under the provisions of this Act, at the price at which they shall be listed to the Army, with cost of transportation added. The funds received from such sale shall be credited to the appropriation to which they shall belong, shall not be covered into the Treasury, and shall be available until expended to replace therewith the supplies sold to the States in the manner herein author. ized: * * * Sec. 86, act of June 3, 1916 ($9 Stat. 204);'32 U. 8. C. 39.
The second paragraph of this section probably superseded sec. 17, act of Jan. 21, 1903 (32 Stat. 778), which was as follows:
"The annual appropriation made by section sixteen hundred and sixty-one, Revised Statutes, as amended, shall be available for the purpose of providing for issue to the organized militia any stores and supplies, or publications which are supplied to the Army by any department. Any State, Territory, or the District of Columbia may, with the approval of the Secretary of War, purchase for cash from the. War Department, for the use of its militia, stores, supplies, material of war, or military publications, such as are furnished to the Army, in addition to those issued under the provisions of this Act, at the price at which they are listed for issue to the Army, with the cost of transportation added, and funds received from such sales shall be credited to the appropriations to which they belong and shall not be covered into the Treasury, but shall be available until expanded to replace therewith the supplies sold to the States and Territories and to the District of Columbia in the manner herein provided." 2029. Military supplies; utilization by Organized Reserves.
available supplies and existing facilities at military posts shall be utilized to the fullest extent possible (practicablel, Act of Feb, 28, 1929. (45 Stat. 1371), making appropriations for the support of the War Department.
A similar provision has appeared in prior and subsequent appropriation acts.
2030. Military supplies; issue to Reserve Officers' Training Corps.-The Secre. tary of War, under such regulations as he may prescribe, is hereby authorized to issue to institutions at which one or more units of the Reserve Officers' Training Corps are maintained such public animals, transportation, arms, ammunition, supplies, tentage, equipment, and uniforms belonging to the United States as he may deem necessary, and to forage at the expense of the United States public animals so issued, to pay commutation 'in lieu of uniforms at a ràte to be fixed annually by the Secretary of War, and to authorize such expenditures from proper Army appropriations as he may deem necessary for the efficient maintenance of the Reserve Officers' Training Corps. He shall require from each institution to which property of the United States is issued a bond in the value of the property issued for the care and safekeeping thereof except for uniforms, expendable articles, and supplies expended in operation, maintenance, and instruction, and for its return when required. Sec. 47, act of June 3, 1916 (89 Stat. 192) , see. 34, act of June 4, 1920-(41 Stat. 777); 10 U. 8. C. 389.
Provided, That uniforms and other equipment or material issued to the Reserve Officers' Training Corps in accordance with law shall be furnished from surplus or reserve stocks of the War Department without payment from this appropriation, except for actual expense incurred in the manufacture or issue : Provided further, That in no case shall the amount paid from this appro
priation for uniforms, equipment, or material furnished to the Reserve Officers Training Corps from stocks under the control of the War Department be in excess of the price current at the time the issue is made . . * Act of Feb. 28, 1929 (45 Stat. 1372), making appropriations for the support of the Wor Department.
A provision similar to that contained in second paragraph of this section bas appeared in prior and subsequent appropriation acts.
The italicized words were omitted in the act for the fiscal year 1939,
2031. Military supplies; transfer to Chief of Engineers.That the Secretary of War be, and he is hereby, authorized and empowered, in his discretion, to transfer, free of charge, to the Chief of Engineers, United States Army, for use in the execution, under his direction, of any civil work or works authorized by Congress, such material, supplies, instruments, vehicles, machinery, or other equipment pertaining to the Military Establishment as are or may hereafter be found to be surplus and no longer required for military purposes. Sec. 8, act of June 5, 1920 (41 Stat. 1015); 10.U. 8. C. 1257, 1311.
The text of this section as published in the 1929 Edition, based on sec. 1, act of Feb. 28, 1929 (45 Stat. 1400), making appropriations for the legislative branch of the Government; 44 U. S. C. 62, not repeated in the corresponding act for the fiscal year 1934, or thereafter, is omitted as expired (Memo. J. A. G., Oct. 9, 1930).
2032. Military supplies; transfer to Navy Department.--The interchange without compensation therefor of military stores, supplies, and equipment of every character, including real estate owned by the Government, is hereby authorized between the Army and the Navy upon the request of the head of one service and with the approval of the head of the other service. Act of July 11, 1919. (41 Stat. 132); 10 U. S. C. 1274.
2033. Military supplies; transfer to Public Health Service. The Secretary of War is hereby authorized and directed to transfer without charge to the Secretary of the Treasury for the use of the Public Health Service such hospital furniture and equipment, including hospital and medical supplies, motor trucks, and other motor-driven vehicles, in good condition, not required by the War Department, as may be required by the Public Health Service for its hospitals, and the President is authorized to direct the transfer to the Treasury Department of the use of such lands or parts of lands, buildings, fixtures, appliances, furnishings, or furniture under the control of any other department of the Government not required for the purposes of such department and suitable for the uses of the Public Health Service. Sec. 3, act of Mar. 3, 1919 (40 Stat. 1303); 24 U. S. a. 28.
The Secretary of War is authorized and directed to transfer without charge to the Secretary of the Treasury for the use of the Public Health Service such mechanical, construction, and miscellaneous material, hospital furniture and equipment, hospital and medical supplies, motor trucks, and other motor-driven vehicles, not required by the War Department, as may be required by the Public Health Service for its hospitals;
Act of Mar. 4, 1921 (41 Stat. 1365); 24 U. 8. 0. 28.
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 (c) the Treasury Department, for the use of the Public Health Service under the provisions of section 3 of the Act approved March 3, 1919, entitled "An Act to authorize the Secretary of the Treasury to provide hospital and san
atorium facilities for discharged sick and disabled soldiers, sailors, and marines." Sec. 1, act of Mar. 15, 1920 (41 Stat. 530); 24 U.S.O. 29.
By 2073, post, expenses in connection with the issue of property under the third paragraph of this section were not to be borne by the War Department.
2034. Aircraft and appurtenances; issue or loan to museums or educational institutions. That the Secretary of War be, and he is hereby, authorized in his discretion to transfer or loan to museums or properly accredited schools, colleges, and universities, for exhibition or instructional purposes, any aircraft, aircraft parts, instruments, or engines that have become obsolete or impaired to the extent that repair would not be economical: Provided, That such aircraft, aircraft parts, or engines will not be used in actual flight: Provided further, That no expense shall be caused the United States Government by the transfer or loan or return of said property. Act of May 26, 1928 (45 Stat. 753); 20 U. 8. C. 94.
2035. Aircraft and 'appurtenancès; transfer to Post Office Department. 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
aeroplanes, 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. 8. C. 504.
2036. Aircraft supplies; sale in emergencies.—The head of any Government department or other independent establishment having jurisdiction over any airport or emergency landing field owned or operated by the United States may provide for the sale to any aircraft of fuel, oil, equipment, and supplies, and the furnishing to it of mechanical service, temporary shelter, and other assistance under such regulations as the head of the department or establishment may prescribe, but only if such action is by reason of an emergency necessary to the continuance of such aircraft on its course to the nearest airport operated by private enterprise. All such articles shall be sold and such assistance furnished at the fair market value prevailing locally, as ascertained by the head of such department for establishment. All amounts received under this subdivision shall be covered into the Treasury; but that part of such'amounts which, in the judgment of the head of the department or establishment, is equivalent to the cost of the fuel, oil, equipment, supplies, services, shelter, or other assistance so sold or furnished shall be credited to the appropriation from which such cost was paid, and the balance, if any, shall be credited to miscellaneous receipts. Sec. 5 (d), act of May 20, 1926, (44 Stat, 571); 49 U. 8. C. 175.
Notes of Decisions
On question of the authority of the Army | lack or shortage of fuel, oil, equipment, or Air Corps, in the Canal Zone to repair supplies, apparent when assistance is reand 'service private airplanes, commercial quested, is sufficient to justify its rendition airplanes and airplanes of the Republic of provided that the need has reasonable relaPanama, Held, That under this section the tion to some actual and definite flight. existence of a state of disrepair or other Sales beyond this limitation are not authorinappropriateness for safe flight, including lized. (1934) 38 Op. Atty. Gen. 146.
2037. Ammunition; exchange.-That the Secretary of War be, and he is hereby, authorized to exchange deteriorated and unserviceable ammunition and components thereof for ammunition or components thereof in condition for immediate use. Sec. 1, act of June 1, 1926 (44 Stat. 680); 10 U. 8. C. 1209.
2038. Ammunition; reclamation. The Secretary of War is further authorized. by contract or otherwise, to reclaim, hy reworking, reconditioning, or otherwise converting into usable form, either in complete rounds or in serviceable components, such deteriorated and unserviceable ammunition and components thereof as it may not be advisable to have so exchanged, and to pay either the whole or part of the cost thereof through the exchange of deteriorated and unserviceable components not desired to retain. 'Sec. 2, act of June 1, 1926 ( 4 Stat. 680); 10 U. S. C, 1210.
The text of this section as published in the 1929 Edition, based on act of February 28, 1929 (45 Stat. 1368), making appropriations for the support of the War Department, 10 U. S. C. 1121a, is not repeated in the corresponding act for the fiscal year 1932.
2039. Ammunition; storage. The Secretary of War and the Secretary of the Navy, through a joint board of officers appointed by them, shall keep advised of storage supplies of ammunition and components thereof for use of the Army and Navy, with special reference to keeping such supplies properly dispersed and stored and to preventing hazardous conditions from arising to endanger life and property within and without storage reservations. Such board shall advise and confer with guch Secretaries in the execution of the recommendations contained in House Document Numbered 199, Seventieth Congress. Sec. 1, act of May 29, 1928 (45 Stat. 928); 50 U. 8. C. 83. .
The act of May 14, 1937 (50 Stat. 166), authorizes appropriations for the improvement of ammunition storage facilities at Camp Stanley, Texas, and Savanna, Illinois, Ordnance Depot.
2040. Ammunition; issue to militia.--That the troops of the militia encamped at any military post or camp of the United States may be furnished such amounts of ammunition for instruction in firing and target practice as may be prescribed by the Secretary of War, and such instruction in firing shall be carried on under the direction of an officer selected for that purpose by the proper military commander. Sec. 21, act of Jan. 21, 1903 (32 Stat. 779); 32 U. S. C. 71.
2041. Ammunition; transfer to departments.---That the Secretary of War be, and he is hereby, authorized to turn over on request from other executive departments of the Government, in his discretion, from time to time, without charge therefor, such ammunition, explosives, and other ammunition components as may prove to be or shall become surplus or unsuitable for the purposes of the War Department and as shall be suitable for use in the proper activities of other executive departments. Ch, IV, act of July 11, 1919 (41 Stat. 130); 10 U. S. C. 1251.
2042. Animals; disposition when unfit for 'service.-That 'notwithstanding the first proviso in the fourth paragraph under the heading “Division of Supply" in title I of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1930, and for other purposes," approved December 20, 1928 (45 Stat. 1030), horses and mules belonging to the United States which have become unfit for service may be destroyed or put out to pasture. Act of June 15, 1938 (52 Stat. 693); 40 U. 8. C. 8116.
For provision of the act of December 20, 1928, referred to, see 1927, ante.
2043. Animals; issue to National Guard. Funds allotted by the Secretary of War for the support of the National Guard shall be available for the purchase, under such regulations as the Secretary of War may prescribe, of animals