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2. The Secretary of State shall give suitable commissions to the officers described in paragraph 1 hereof and shall assign them to such offices as may be deemed necessary by him and the Secretary of the department concerned. Such officers, during the active period of their assignment, shall be considered a part of the organization of the Foreign Service, shall assume the status directed by the Secretary of State, and shall, in this respect, be subject to the jurisdiction of the Secretary of State. With the approval of the chief of the office to which they are attached, such officers may request reports from Foreign Service officers upon matters falling within the jurisdiction of their respective departments. The duties of such officers shall be restricted to the accomplishment of the special missions within the scope of their assignments.
3. The officers designated by the Secretary of Commerce and the Secretary of Agriculture under subdivision (4) of the said section 1 (b) of Part I of Reorganization Plan No. II to serve in the Department of State as liaison officers shall, when acceptable to the Secretary of State, serve in matters of interest to their respective departments. (Executive Order No. 8357, Mar. 2, 1940, 5 Fed. Reg. 950.)
8 133. Reorganization plans numbered III and IV; effective date.—The provisions of Reorganization Plan Numbered III,' submitted to the Congress on April 2, 1940, and the provisions of Reorganization Plan Numbered IV, submitted to the Congress on April 11, 1940, shall take effect on June 30, 1940, notwithstanding the provisions of sections 133-133r of this title, section 2 of Title 31, and section 45a of Title 3. (June 4, 1940, ch. 231, § 4, 54 Stat. 231.)
CROSS REFERENCE Coordination of executive bureaus, offices, etc., see section 601 of Title 50A and Executive Orders that follow.
GOVERNMENT LOSSES IN SHIPMENT § 134. Rules and regulations for shipment of valuables.-As soon as practicable after July 8, 1937 the Secretary of the Treasury and the Postmaster General shall, jointly, with the approval of the President, prescribe regulations governing the shipment of valuables by the executive departments, independent establishments, agencies, wholly owned corporations, officers, and employees of the United States, with a view to minimizing risks of loss and destruction of, and damage to, such valuables in shipment. After the effective date of such regulations, which shall be not more than thirty days after their issuance, it shall be the duty of every such executive department, independent establishment, agency, wholly owned corporation, officer, and employee, and of every person acting for him or it, or at his or its direction, to comply with such regulations in making any shipment of valuables. (July 8, 1937, ch. 444, § 1, 50 Stat. 479.)
§ 134a. Fund for losses; appropriations.—There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $500,000 to be used, under the direction of the Secretary of the Treasury, for the replacement of valuables, or the value thereof, lost, destroyed, or damaged in the course of shipment effected pursuant to the regulations prescribed under section 134 of this title. There is hereby further authorized to be appropriated annually, beginning with the fiscal
1 Set out in note under section 133t of this title.
year 1939 and ending with the fiscal year 1948, inclusive, the sum of $200,000 for the said purposes, and from time to time such additional sums as may be necessary for the said purposes. There shall be in the Treasury of the United States a revolving fund, to be known as “the fund for the payment of Government losses in shipment" (hereinafter referred to as "the fund”), to be constituted of the said sum of $500,000 and the sums hereafter appropriated for the said purposes, together with all recoveries and repayments credited to the fund as provided in section 134b of this title. There is hereby further authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $10,000, for expenditures under the direction of the Secretary of the Treasury, to be used for the payment of administrative expenses, including personal services, necessary to carry out the provisions of sections 134-134h of this title and sections 528 and 738a of Title 31 for the fiscal year 1938. (July 8, 1937, ch. 444, § 2, 50 Stat. 479.)
8 134b. Claim for replacement. In the event of loss or destruction of, or damage to, valuables of which shipment shall have been made pursuant to the regulations prescribed under section 134 of this title a claim in writing for replacement shall be made upon the Secretary of the Treasury who, if he shall be satisfied that such loss, destruction, or damage has occurred and that shipment was made substantially in accordance with such regulations, shall cause replacement to be made out of the fund through such officers as he may designate. Notwithstanding any provision of law to the contrary, the decision of the Secretary of the Treasury that such loss, destruction, or damage has occurred or that such shipment was made substantially in accordance with such regulations shall be final and conclusive and shall not be subject to review by any other officer of the United States : Provided, however, that where the Secretary of the Treasury determines that such replacement can be effected, in whole or in part, without actual or ultimate injury to the United States, by a credit in the accounts of the executive department, independent establishment, agency, officer, employee, or other accountable person making the claim, he shall not resort to the fund, except to the extent that such replacement cannot be so effected by such credit, but shall certify such determination to the Comptroller General and, upon receipt of such certification, the Comptroller General is authorized and directed to make such credit in the settlement of accounts in the General Accounting Office: Provided further, That the fund shall be available for the replacement of any loss or destruction of, or damage to, valuables shipped by or on behalf of the Public Debt Service of the Treasury Department prior to the effective date of this amendment, the replacement of which was chargeable against the securities trust fund established under authority of sections 760 and 761 of Title 31; and the Secretary of the Treasury is hereby authorized and directed to transfer on the books of the Treasury Department the amount standing to the credit of the securities trust fund and credit the same to the fund. And provided further, That the fund shall not be available with respect to any loss, destruction, or damage affecting valuables, insofar as such loss? destruction, or damage may be adjusted by the Postmaster General under the provisions of section 49 of Title 39, as amended; nor shall it be available with respect to any loss, destruction, or damage affecting valuables of which shipment shall have been made at the risk of persons other than the United States, its executive departments, independent establishments, agencies, wholly owned corporations, officers, and employees. All recoveries and repayments on acocunt of loss, destruction, or damage to valuables of which replacement shall have been made out of the fund shall be credited to it and shall be available for the purposes thereof. (July 8, 1937, ch. 444, $ 3, 50 Stat. 479; Aug. 10, 1939, ch. 665, § 1, 53 Stat. 1358.)
8 134b-2. Agreements of indemnity. The Secretary of the Treasury is hereby authorized to execute and deliver, on behalf of the United States, such binding agreements of indemnity as he may deem necessary and proper to enable the United States to obtain the replacement of any instrument or document received by the United States or any agent of the United States in his official capacity which, after having been so received, became lost, destroyed, or so mutilated as to impair its value: Provided, however, That no such agreement of indemnity shall operate to obligate the United States in any case in which the obligee named therein makes any payment or delivery not required by law on the original instrument or document covered thereby. The fund shall be available for the payment of any obligation arising out of any agreement executed by the Secretary of the Treasury under this section. (July 8, 1937, ch. 444, § 3, as added Aug. 10, 1939, ch. 665, $ 2, 53 Stat. 1359.)
CODIFICATION Section was added to Government Losses in Shipment Act by act August 10, 1939, cited to text.
§ 134c. Purchase of insurance. On and after the effective date of the regulations prescribed under section 134 of this title, no executive department, independent establishment, agency, wholly owned corporation, officer, or employee shall expend any money, or incur any obligation, for insurance, or for the payment of premiums on insurance, against loss, destruction, or damage in the shipment of valuables except as specifically authorized by the Secretary of the Treasury. The Secretary of the Treasury may give such authorization if he shall find that the risk of loss, destruction, or damage in such shipment cannot be adequately guarded against by the facilities of the United States or that the circumstances are such that adequate replacement cannot be provided under sections 134-134h of this title and sections 528 and 738a of Title 31. (July 8, 1937, ch. 444, § 4, 50 Stat. 480.)
8 134d. Presumption of lawful conduct.-Every officer and employee of the United States and every person acting on behalf of a wholly owned corporation who makes a shipment of valuables in good faith pursuant to and substantially in accordance with the regulations prescribed under section 134 of this title shall be deemed, insofar as there may be concerned the propriety with respect to such shipment of any act or omission governed by such regulations, to be acting in faithful execution of his duties of office and in full performance of the conditions of his bond and oath of office, if any. (July 8, 1937, ch. 444, § 5, 50 Stat. 480.)
1 Comma omitted from original.
§ 134e. Rules and regulations for execution of sub-chapter.The Secretary of the Treasury shall have power, with the approval of the President, to make such rules and regulations as may be necessary for the execution of the functions vested in him by this subchapter, and may for such purpose require persons making shipment of valuables or making claims for replacement to make such declarations or to furnish him with such other information as he may deem necessary. (July 8, 1937, ch. 444, § 6, 50 Stat. 480.)
§ 134f. Definitions. For the purposes of sections 134-134h of this title and sections 528 and 738a of Title 31
(a) The term “valuables” means any articles or things or representatives of value in which the United States has any interest, or in connection with which it has any obligation or responsibility, direct or indirect, and which are declared to be valuables within the meaning of sections 134-134h of this title and sections 528 and 738a of Title 31 by the Secretary of the Treasury. No articles or things shall be declared to be valuables by the Secretary of the Treasury unless he determines that replacement thereof in accordance with the procedure established herein, in the event of loss, destruction, or damage in the course of shipment, would be in the public interest. The term "United States" as used in this subsection and in section 134b-2 means the United States, its executive departments, independent establishments, and agencies, including wholly owned corporations, and officers and employees of any of the foregoing while acting in their official capacity.
(b) The term “shipment” means the transportation, or the effecting of transportation, of valuables, without limitation as
, to the means or facilities used or by which the transportation, is effected or the person to whom it is made, and includes, but is not limited to, shipments made to any executive department, independent establishment, agency, wholly or partly owned corporation, officer, or employee of the United States, or any person acting on his or its behalf or at his or its direction;
(c) The term "wholly owned corporation" means any corporation, regardless of the law or laws under which it is incorporated, the capital of which is entirely owned, directly or indirectly, by the United States, and includes the duly authorized officers, employees, and agents thereof;
(d) The term “replacement” means payment, reimbursement, replacement, or duplication or the expenses incident thereto. (July 8, 1937, ch. 444, § 7, 50 Stat. 480; Aug. 10, 1939, ch. 665, $ 3,53 Stat. 1359.)
8 134g. Short title.-Sections 134-134h of this title and sections 528 and 738a of Title 31 may be cited as the “Government Losses in Shipment Act.” (July 8, 1937, ch. 444, § 10, 50 Stat. 484.)
§ 134h. Effective date.-Sections 134-134h of this title and sections 528 and 738a of Title 31 shall become effective on July 1, 1937. - (July 8, 1937, ch. 444, § 11, 50 Stat. 484.)
COORDINATION OF FEDERAL REPORTING SERVICES § 139. Declaration of Congressional policy.-It is hereby declared to be the policy of the Congress that information which may be needed by the various Federal agencies should be obtained with a minimum burden upon business enterprises (especially small business enterprises) and other persons required to furnish such information, and at a minimum cost to the Government, that all unnecessary duplication of efforts in obtaining such information through the use of reports, questionnaires, and other such methods should be eliminated as rapidly as practicable; and that information collected and tabulated by any Federal agency should insofar as is expedient be tabulated in a manner to maximize the usefulness of the information to other Federal agencies and the public. (Dec. 24, 1942, ch. 811, § 2, 56 Stat. 1078.)
SHORT TITLE Section 1 of act Dec. 24, 1942, cited to text, provided: “This act may be cited as the 'Federal Reports Act of 1942'."
APPROPRIATIONS Section 9 of act Dec. 24, 1942, cited to text, provided: "There are hereby authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this act (sections 139-139f of this title)."
§ 139a. Collection of information.—(a) Duties of Director of the Bureau of the Budget.-With a view to carrying out the policy of sections 139-139f of this title, the Director of the Bureau of the Budget (hereinafter referred to as the “Director") is directed from time to time (1) to investigate the needs of the various Federal agencies for information from business enterprises, from other persons, and from other Federal agencies; (2) to investigate the methods used by such agencies in obtaining such information; and (3) to coordinate as rapidly as possible the information-collecting services of all such agencies with a view of reducing the cost to the Government of obtaining such information and minimizing the burden upon business enterprises and other persons, and utilizing, as far as practicable, the continuing organization, files of information and existing facilities of the estabilshed Federal departments and independent agencies.
(b) Designation of central collection agency.If, after any such investigation, the Director is of the opinion that the needs of two or more Federal agencies for information from business enterprises and other persons will be adequately served by a single collecting agency, he shall fix a time and place for a hearing at which the agencies concerned and any other interested persons shall have an opportunity to present their views. After such hearing, the Director may issue an order designating a collecting agency to obtain such information for any two or more of the agencies concerned, and prescribing (with reference to the collection of such information) the duties and functions of the