*l 111 TT'L 5.
-EXOUTJVE D' PARTAL ITS, OFIICBdRS, "AND -EMPLOYEES
c.r commission of the Government, and not deemed an advis-
able addition to the Library of Congress, shall, if appropriate
to the uses of the Free Public Library of the District of Co-
lumbia, be turned over to that library for general use as a part
thereof. (Feb. 25, 1003, c. 755, § 1, 32 Stat. 865.)
111. Custody of files and records of war agencies.-Except
as otherwise provided by law the President is authorized to
transfer to the custody and care of such of tile departments or
independent establishments as he may determine the files and
iecords of the agencies created for the period of the World War
upon the discontinuance of such activities. (July 19. 1919,
c. 24, 5 4, 41 Stat. 233.)
.
112. Disposition of useless papers.-Except as otherwise
provided by law, whenever there shall be in any one of the
executive departments of the Government, or in tie varlou3
public buildings under the control of such departments, an
accumulation of files (if papers, which are not needed or useful
in the transaction of the current business of such department
and have no permanent value or historical interest, it shall
be the duty of the head of such department to submit to
Congress a report of that fact, accompanied by a concise state-
ment of the condition and character of such papers.
Upon the submission of such report, it shall be the duty of
the presihing officer of the Senate to appoint two Senators,
and of the Speaker of the House of Representatives to appoint
two Representatives, and the Senators and Representatives so
appohited shall constitute a joint committee, to which shall be
referred such recpdrit, with the accompanying statement of the
condition and character of such papers, and such Joint com-
mnittee shall meet and examine such report and statement and
the papers therein described, and submit to the Senate and
House, respectively, a report of such examination and their
recommendation.
If ulchi joint connittee report that such files of papers, or
any part thereof are not needed or useful In the transaction of
the current bvsiness of such department, and have nc per-
nmnent value oi historical interest, then it shall be the duty of
such head of the department to sell as waste paper, or other-
wise dispose of such iles of papers upon the best obtainable
terms after duo publication of notice inviting proposals there-
for, and receive and pay the proceeds thereof into tihe Treasury
of the United States, and make report thereof to Congress.
(Mar. 3, 1891, c. 130, § 1, 21 Stat. 412; Aug. 5, 1882, e. 389,
§ 1, 22 Stat. 228; Feb. 10, 1889, e. 171, 25 Stat. 672; Mar. 2,
1895, e. 189, § 1, 28 Stat. 933.)
113. Prohibition of contributions or presents to superiors.-
No officer, clerk, or employee in the United States Government
employ shall at any time solicit contributions from other offi-
cers, clerks, or emplo3 ces in the Government service for a gift
or present to those in a superior official position; nor shall any
such olliclals or clerical superiors receive any gift or present
offered or presented to them as a contribution from persons In
Governmnent enuploy receiving a less salary than themselves;
nor shall any ollicer or clerk malee any donation as a gift ot
present to any ollicial superior. Every- person who violates this
ser.tion shall be summuarily discharged from the Governmean-t
employ. (R. S. § 17&.)
114. Foreign decorations.-Except as otherwise provided in
chapter 33 -of Title 10, no decoration, or other thing, the
acceptance of which may be authorized by consent of Congress,
by any officer of the United States, from any foreign govern-
meant, shall be publicly shown or exposed upon the person of
the offlicer so receiving the same. (Jan. 31, 1881, e. 32, 5 2, 21
Stat. 604.)
115. Same; delivery through State Department.-Any pres-
ent, decoration, or other thing, which shall be conferred or
presented by any foreign government to any officer of the
United States, civil, naval, or *military, ahal1" be tendered
through the Department of State, and not to the individual in
person, but such present, decoration, or other thing shall not
be delivered by the Department of State unless so authorized
by act of Congress. (Jan. 31, 1881, c. 32, § 3, 21 Stat. 604.)
Cross reference: See also section 1423 of Title 10.
116. Medals for services; duplicates on loss or destruction.-
In any case where the President of the United States has,
under any Act or resolution of Congrss, caused any medal to
be made and presented to any officer cr person in the United
States on account of distinguished ov meritorious services, on
a proper showing made by such person to the satisfaction of
the President that such medal la; been lost or destroyed
through no fault of the beneficiary, and that diligent search
has been made therefor, the Preside:it Is authorized to cause to
be prepared and delivered to such person a duplicate of such
medal, the cost of which shall be paid out or any money in
the Treasury not otherwise appropriated. (Apr. 15, 1904, No.
23, 33 Stat. 588.)
117. United States Geographic Board; payment of expendi-
tures.-AI1 expenditures of United States Geographic Board
shall be paid upon vouchers approved by it and signed by Its
secretary, who shall act as its disbursing agent without bond.
(Feb. 13, 1923, c. 72, 42 Stat. 12,41.)
Chapter 2.-DEPARTMENT OF STATE.
See.
151. Establishment of department.
152. Undersecretary of State and Assistant Secretaries of State.
153. Chief of Bureau of Accounts as disbursing clerk.
154. Distibution of duties of oileers, cletks, and employees.
155. Personal services other than those provided for.
150. Management of foreign afftairs.
157. Foreign trade relations.
158. Custody of seals and property.
150. Promulgation of law,.
100. Amendments to Constitution.
161. State statutes to be procured.
102. Information as to work of Department of Commerce.
163. Reports of information relating to commerce.
104. Statempnt of expenditures from contingent fund.
105. Copies of Acts and treaties furnished to printer.
160. rees for copies of records.
107. Territorial papers; collection, etc., for States by chief of division
of publications; clerical assistant*.
108. Same; copies for Stateg.
Section 151. Establishment of department.-There shall be
at the seat of government an cx.lcutivo department to be
known as the Department of State, and a Secretary of State,
who shall be the head thereof. (I. S. 5 199.)
Cross reference: Solar,: of lecretary; see section 3 of this title.
152. Undersecretary of State and Assistant Secretaries
of State.-There shall be in tile Department of State an Under-
secretary of State and four Assistant Secretaries of State,
each of whom shall be appointed by the President, by and with
the advice and consent of the Senate. The Assistant Secre-
taries of State shall be without numerical distinction of rank.
(R. S. § 200; Jlni 20, 1874, c. 828, § 1, 18 Stat. 90; Mar. 3,
1017, e. 103, § 1, LID Stat. 1082; Mar. 1, 1919, c. 80, § 1, 40
Stat. 1224; Jan. 3, 1923, c. 21, 42 Stat. 1008; May 24, 1924,
c. 182, §2),, 43 Stat. 146.)
153. Chief of Bureau of Accounts as disbursing clerk.--The
Chief of the Bureau of Accounts may be appointed by the head
of the department disbursing clerk of the Department of State,
(Mar. 3, 1875, e. 129, § 1, 18 Stat. 349.)
154. Distribution of duties of officers, clerks, and em-
ployees.i-Tho Secretary of State may prescribe duties for the
Undersecretary of State, time Asaistant Secretaries, and the so.
lleltor, not Interfering with his duties as an officer of the Depart-
ment of Justice, and the clerks of bureaus, as well as for all the
other employees in the department, and may make changes
and transfers therein when, in his judgment, it becomes neces-
sary. (Juno 20, 1874, e. 828, § 1, 18 Stat, 00.)
 TITLE 5.-EXEUTIVE DEPARTMENTS, OFFICERS, AND EMPLOYEES
155. Personal services other than these provided for.--There merce; and to prepare front the disp-atches of consular ofilcera,
shall not be employed in the Department of State or in con-
nection witl said department in tho District of Columbia any
persoval services other.than those which shall be appropriated
for. (,Tuie 22, 1900, c. 3514, § 1, :34 Stat. 402; Mar. 4, 1023,
c. 265, 42 Stat. 1488.)
15,3. Management of foreign affairs.-The Secretary of State
shall perform such duties as shall from time to time be enjoined
on or intrusted to him by the President relative to corre-
spondences, commissions, er instructions io or with public min-
isters or consuls from the United States, or' to negotiations
with Iubbi, ministers front foreign states or princes, or to
memorials' or oher applications from foreign public'ministers
or other foreigners, or to such other matters respecting foreign
alTairs as the President of the United States shall assign to
the department, and lie shall conduct the business of the depart.
ment il tuch manner as the President lhull direct. (I. S.
§ 202.)
157. Foreign trade relations.-Estimates for appropriations
for defraying the necessary expenses incurred il connection
with foreign trade relations which come within tire jurisdic-
tion of the Department of State, under tariff legislation and
otherwise, and in the negotiation and preparation of treaties,
arrangements, and agreements for the advancement of commer-
cal and other interests of the United States, arid for the main-
tenance of a division of far eastern affairs in the Department
of State, including the payment of necessary employees, at tile
seat of governineut or elsewhere, to be expended under the
direction of tie Secretary of State, shall include in detail sala-
ries for all persons to be empluyed and paid in the Department
of State at Washington, District of Columbia. (Aug. 5, 1909,
c. 7, :10 Stat. 119.)
158. Custody of seals and property.-The Secretary of State
shall have the custody and charge of the seal of the Depart-
ment of State, anid of ill the books, records, papers, furniture,
fixtures, and other property which oni June 22, 1874, remained
in and appertained to tile department, or thereafter acquired
for it. (R. S. § 203.)
159. Promulgation of laws.-Whenever a bill, order, resolu-
tion or vote of tie Senate and House of Representatives, having
been approved by trie President, or not having been returned by
him with his objecions, becomes a law or takes effect, it shall
forthwith be received by the Secretary of State from the Presi-
dent; and whenever a bill, order, resolution or vote is returned
by the P'rcsdent with his objections, and, on being reconsid-
ered, is agreed to be passed, and is approved by two-thirds of
I -ith Houses of Congress, and thereby becomes a law or takes
effect, it shrall be received by tire Secretary of State from the
President of the Senate, or Speaker of tire House of Repre-
sentatives in whichsoever House it shall labt have been so
'ipproved, and lie shall carefully preserve the originals. (I. S.
t 204; Dec. 28, 1874, c. 9, § 2, 18 Stat. 294.)
160. Amendments to Constitution.-Wlienever official notice
is received at the Department of State that any amendment
proposed to the Constitution of the United States has been
adopted, according to the provisions of the Constitution, the
Secretary of State shall forthwith cause the anemnent to be
published, with his certificate, specifying the States by which
the same may have been adopted, and that the same has become
valld, to all intents and purposes, its a part of the Constitution
of the United States. (R. S. § 205.)
161. State statutes to be procured.-The Secretary of State
shall procure from time to time such of the statutes of the
several States as may not be in his office. (R. S. § 200.)
162. Information as to work of Department of Commerce.-
A person, to be designated by the Secretary of State, shall be
appointed to formulate, under his direction, for the Instruc-
tion of consular officers, the requests of the Secretary of Com-
for transmission to the Socretary of Commerce, sm-h infornra-
tion .s pertains to the work of the Department of Commerce;
and such person shall have te rank and salary of a chief of
bureau, and be furnished with such clerical assistants us amy
from time to time be autlorlze d by law. (Feb. 14, 1903, c. 552,
1 11, 32 Stat. 830.)
163. Reports of information relating to commerce.-The Smc.
rotary of State shall annually lay before Congress:
First. A statement, in a compendious form, of all such
changes and modifications in the commercial systems of other
nations, whether by treaties, duties on imlports and exports, or
other regulations, as shall have been communicated to thre do.
partment, including all .commercial Information contined in tie
official publications of other governments, which ire shall deem
sufficiently important.
Second. A synopsis of rio much of the information which may
have been communicated to him by diplomatic and cousular
oflicers during the preteding ycu nire hD rmy dp n valunble for
public information; specifying the names of any consuls .ir
commercial agents who may have been remiss in transmitting
commercial information.
Third. A full list of all consulr officers.
Fourth. A report of any rates or tariffs of fees to be re-
ceivedi by diplormatie or consular olicers, which may have been
prescribed by the President during the year preceding.
Fifth. A statement of such fees as may have been collected,
accounte~d for, and reported by the various diplomatic and con-
sular officers during the preceding year.
Sixtr. A statement of the lists of passengers arriving In the
United States from foreign places, returned to him quariter-
yerrly by tire collectors of customs.
Seventh. A statement of tire namies of any consular officers,
not citizens of the United States, to whom salaries have been
paid during the year preceding, together with tire cireum-
stances under which they were appointed. (It. S. § 208.)
164. Statement of expenditures from contingent fund.-Tho
annual statement of expenditures from the contingent fund
required to be made by the Secretary of State, must include ill
the contingent expenses of foreign intercourse and of all the
missions abroad, except such expenditures as are settled upon
the certificate of the President. (R. S. § 209.)
165. Copies of Acts and treaties furnished to printer.-Trho
Secretary of State shall furnish to the Public Printer a correct
copy of every Act and joint resolution, irs soon as possible tifter
its approval by tihe Presilent, or after it has become it law In
accordance with the Constitution without such rpproval; also
of every treaty between the United States and ainy foreign
government its soon its possible after it has been duly ratllled
and has been proclaimed by the lhresIdcnt; ind also of every
postal convention made between the Postnster General, by
and with tire advice and consent of the Prehdent, (i tie part
of the United States and foreign countries, as soon as possible
after copies of such conventions have been transmitted to him
by tire I'otinaster Geueral. (it. S. § 210.)
166. Fees for copies of records.--For nratilng out raal authe.
Heating copies of records in the Department of Stnte, a fee of
10 cents for each slreet containing one hundred words shall ie
paid by the person requesting such copies, except where Iiy
are requested by air officer of tire United Stites ili a irratter
relating to his office. (It. S. § 21:1.)
167. Territorial papers; collection, etc., for States by chief
of division of publications; clerical assistants.-Thre eider of
division of publications of the Department of State (herein-
after referred to as the editor), under the directfon of the Sec-
retary of State, and upon the request of the governor of any
State or of airy organization duly authorized by him, is author-
Ized and directed to have collacted, edited, copiet,. tnd sit-
§ 168 I,,TLE 5-EgXECUTIVE DEPiA TM2 NTS, OIPIIOTERS, AND EMPLO TEES 38
ably arranged for publ.'Ation, tho official papers of the Terri- Section 181. Establishment of departiment.-Thre shall be
tory from which such tate ws formed, on March 3, 1925, at (ie seat of government an executive deplartment to 1io knows
in the national an'chI, qs, as lisLed in Parker's "Calendar of as the Department of War, and a Secretary of War, who shall
1'aplrs in Washington ArchIves; 1ielating to the Territories of be the head thereof. (It. S. § 214.)
the United States (to )[8T3)." I/eing publication numbered 148 Cross reference: Salary of Secretary; see section 3 of thie tile.
of tIhe Carnegie Institution of 'ashington, together with such 182. Assistant Secretary of War.-There shall he in the De-
add itional papers ot 11ke char/icter that may be found. The partsnent of War an Assistant Secretary of War, who shall
beads of the sever.d; executv!3 departments and Independent be appointed by the President, by and with the advice and
est/iblishment, are directed to /ooperate with the editor in such consent of the Senate. Ile shall re ye a salary of $10,000
wc, rlc by giving access to the rIcords and by providing facilities
per annum, payable monthly. Io 0hall perforn such duies
fof1. having them caoped. Th'i editor is authorized to employ in the Department of War as shal be prescribed by the Sec-
sulch clerical asslstants as way be necessary, and, under the rotary of War, or as may ie required by law. (Mar. 5, 189),
direction of the 8ei.retary of State and without regrrd to the c. 20, 26 Stat. 17; June 3, 1916, c. 134, § 5 [5al ; June 4, 1920,
C assificatlon Act of 1923 ani the civil service laws and regu',a- e. 227, subchapter 1, § 5, 41 Stat. 765; Feb. 12, 1925, e. 225,
tlonm made tl'erefutder, to ergage the services of not more than Title I, 43 Stat. 892.)
eJ
fve porsons who 1,re speciadlr-qualll for the editorial work
Cross reference : See also section 1103 of Title 10, Anity.
mecessary fit nrramging sucl Territorial papers for publication.
183. Temporary performance of duties of Secretary of
the ,:aiies/of such persons and assistants and all other
ior
War.-The President may authorize and direct the command-
xpcmses incurrcil In conw.etion with such work, there is au-
Ing general of the Army or the chief of any military bureau
thorized to be ,ippropriat(A the sum of $20,000 for the fiscal
year ending Junie 30, 1920, aind the same sum for each of the of the War Department to perform the duties of the Secretary
of War iiadcr the provisions of section 0 of this title, and sec-
two succeeding, iscal years. (Alar. 2, 1925, c. 419, § 1, !3 Stat.
tion 576 of Title 10 shall not be held or taken to apply to the
110U.)
officer so designated by reason of his temporarily perform-
168. Same;/copies for States.-The Secretary of State shall,
ing such duties. (Aug. 5, 1882, c. 389, § 1, 22 Stat. 2.18.)
upon Spplicat/cn, furnish, without charge to the proper authori-
184. Tit War Council.-The Secretary of War, the As-
ties of the se,'crul State;n for publication, a copy of such papers,
sistant Secretary of War, the General of the Army, and the
or any part thereof, as arranged by the editor. (Mar. 3, 1925,
Chief of Staff shall constitute the War Council of the War
c. 41P, § 2, j3 Stat. 1104.) Department, which council shall from time to time meet
i
Chapter 3,'-DEPARTMENT OF WAR. and consider policies affecting both the military and munitions
Sec. I problems of the War Department. Such questions shall be
181. EItabltslinent of department. presented to the Secretary of War in the War Council, and his
I12. ,sslstint Secretary of War. decision with reference to such questions of policy, after con-
18. Tempprary performance of duties of Secretary of War. slderato of the recommendations thereon by the several mem-
184. The War Council.
185. Assistant ail chief clerk; duties. bers of the War Council, shall constitute the policy of the War
186. Satne ; duties when vacancy exists In office of Secretary of War. Department with reference thereto. (June 3, 1916, c. 134,
187. Same; duties during absence of Secretary. § 5 [5b] ; June 4, 1920, c. 227, subehapter 1, § 5, 41 Stat. 765.)
188. Det~lI of clerlai and employees. 185. Assistant and chief clerk; duties.-There shall be in the
18. Asrflgnmetmt of Mlerks and employees to duty In War Department. Department of War an assistant and chief clerk, who shall be
100. Mnageuient of military affairs.
191. Cistody of departmental records and property. appointed by the Secretary of War. The assistant and chief
192. htfcord and Pension Office of War Department; chief; pay, rank, clerk shall be employed in the department as the Secretary may
/and allowances; charge of military and hospital records, etc. deem proper. The assistant and chief clerk shall sign such
193. Same; military records of Revolution and of War of 1812.
194. Same; military records (if wars prior to Civil War. official papers and documents as the Secretary may direct.
195. Same; roster of Union and Confederate Armies. (R. S. § 215; Feb. 27, 1877, c. 69, § 1, 19 Stat. 241; Mar. 8.
190./I1teturns and muster rolls of volunteer forces. 1917, c. 103, § 1, 39 Stat. 109-4; June 30, 1922, c. 253, Title I, 42
107. Transcripts of military history for governors. Stat. 710; Mar. 2, 1923, e. 178, Title I, 42 Stat. 1377.)
198, Collecting flags.
199. I)upllcates of lost or destroyed certlilcates of discharge from mill- 186. Same; duties when vacancy exists in office of Secretary
tary service. of War.-Tho assistant and chief clerk, whenever the Secretary
200. Certificates of discharge li true names of persons enlisting or of War shall be removed from office by the President of the
serving under assumed names. United States, or in any other case of vacancy, shall during
201. Sale of surplus charts.
such vacancy, have the charge and custody of all records,
202. Dlsposition of colors, standardq, and guldons of demobilized
organizations of United States Army. books, and papers, appertaining to the department. (R. S.
203. Distribution of vaptured war devices vnfl tiophles; method of dis- § 215; Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.)
tribution; exceptions. 187. Same; duties during absence of Secretary.-When, from
204. Same; basis of distribution; notice to ,Itates, etc.
205. San; shipments; how made. illness or otler cause, the Secretary of War is temporarily ab-
200. Same; charges for shipment. sent from the War Department, he may authorize the assistant
207. Same; rules and regulations. and chief clerk of the department to sign requisitions upon the
208. Claims for damages to private property from military operations; Treasuey Department, and other papers requiring the signa-
adjustment.
209. Same; duties of General Accounting Oece. ture of the Secretary; the same, when signed by the assistant
210. Same; presentation and approval. and chief clerk during such temporary absence, to be of the
211. Sale of surplus motor trucks and automobiles. same force and effect as if signed by the Secretary of War
212. Sale of dental outfits. himself. (Mar. 4, 1874, c. 44, 18 Stat. 19.)
213. Transfer of mdtor vehicles to branches of Government service;
payment for from appropriations. 188. Detail of clerks and employees.-It shall not be lawful
214. Equipment for Metropolitan police. to detail clerks or other civilian employees vuthorized for the
215. Iteports of Secretary of War; unexpended balances to Congress. Offlce of the General Staff for duty, temporary or otherwise, in
216. Same; nnnual statement of expenditures for contingent expenses.
any ofice or bureau of the War Department at Washington,
217. Same; bids for works.
218. War Departmient contracts; regulations for bids. District of Columbia, or to detail clerks or other employees
Cross reference: Militia -Bureau of War Department; see Title 32, from the War Department for service in the Office of the Gen-
NATIONAL GuAno. eral Staff. 4June 22, 1900, e. 8514, § 1, 34 Stat. 418.)