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DETAIL OF OFFICERS OR EMPLOYRAS FOR FOREIGN SERVICE OF DEPARTMENT OF STATE

The President, in his discretion, may assign officers of the Army and Navy or officers or employees of the Treasury Department for duty as inspectors of buildings owned or occupied by the United States in foreign countries, or as inspectors or supervisors of buildings under construction or repair by or for the United States in foreign countries, under the jurisdiction of the Department of State, or for duty as couriers of the Department of State, and when so assigned they may receive the same traveling expenses as are authorized for officers of the Foreign Service, payable from the applicable appropriations of the Department of State. (May 15, 1936, c. 405, § 1, 49 Stat. 1321 ; June 16, 1937, c. 359, Title I, § 1, 50 Stat. 273; April 27, 1938, c. 180, Title I, § 1, 52 Stat. 258.) (U. S. C., Title 5, § 274.)

FRA UDS UPON THE REVENUE

The General Counsel for the Department of the Treasury, under direction of the Secretary of the Treasury, shall take cognizance of all frauds or attempted frauds upon the revenue, and shall exercise a general supervision over the measures for their prevention and detection, and for the prosecution of persons charged with the commission thereof. (R. S. § 376; May 10, 1934, 11.40 A. M., c. 277, § 512, 48 Stat. 758.) (U. S. C., Title 5, § 326.)

REPORT OF MONEYS RECOVERED TO BE MADE BY GENERAL COUNSEL FOR THE DEPARTMENT

OF THE TREASURY

The General Counsel for the Department of the Treasury shall report all moneys recovered or collected under his direction to the officer from whom the bond or other evidence of debt was received, who shall give proper credit therefor; and he shall report in like manner all credits allowed by due course of law on any suits under his direction. (R. S. § 378; May 10, 1934, 11.40 A. M., c. 277, $ 512, 48 Stat. 758.) (U. S. C., Title 5, 8 328.)

TRAVELING EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES

WHILE ON OFFICIAL BUSINESS

SUBSISTENCE EXPENSE ACT OF 1926

(June 3, 1926, c. 457, 44 Stat. 688, amended June 30, 1932, c. 314, $ 207, 47 Stat.

405)

SECTION 1. That this act may be cited as the “Subsistence Expense Act of 1926." (U. S. O., Title 5, § 821.)

SEO. 2. When used in this Act

The term “departments and establishments” means any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including the municipal government of the District of Columbia.

The term “subsistence” means lodging, meals, and other necessary expenses incidental to the personal sustenance or comfort of the traveler.

The term “actual expenses” means the actual amounts necessarily expended by the traveler for subsistence and itemized in accounts for reimbursement.

The term “per diem allowance” means a daily flat rate of payment in lieu of actual expenses. (U. S. C., Title 5, 8 822.)

SEC. 3. Civilian officers and employees of the departments and establishments, while traveling on official business and away from their designated posts of duty, shall be allowed, in lieu of their actual expenses for subsistence and all fees or tips to porters and stewards, a per diem allowance to be prescribed by the head of the department or establishment concerned, not to exceed the rate of $5 within the limits of continental United States and not to exceed an average of $6 beyond the limits of continental United States. ( U. S. O., Title 5, 8 823.)

SEC. 7. The fixing and payment, under section 3, of per diem allowance, or portions thereof, shall be in accordance with regulations which shall be promulgated by the heads of departments and establishments and which shall be standardized as far as practicable and shall not be effective until approved by the President of the United States. (U. S. C., Title 5, 8 827.)

SEO. 8. The heads of departments and establishments, under regulations which shall be prescribed by the Secretary of the Treasury for the protection of the United States, may advance through the proper disbursing officers from applicable appropriations to any person entitled to actual expenses or per diem allowance under this Act such sums as may be deemed advisable considering the character and probable duration of the travel to be performed. Any sums so advanced shall be recovered from the person to whom advanced, or his estate, by deduction from any amount due from the United States or by such other legal method of recovery as may be necessary. (U. S. C., Title 5, 8 828.)

SEO. 9. All laws or parts of laws which are inconsistent with or in conflict with the provisions of this Act except such laws or parts of law as specially fix or now permit rates higher than the maximum rates established in this Act are hereby repealed or modified only to the extent of such inconsistency or conflict. (U. S. C., Title 5, § 829.)

Sec. 10. This Act shall not be construed to modify or repeal the Act providing for the traveling expenses of the President of the United States or any Acts (including appropriations for the fiscal year 1927) specifically fixing or permitting mileage rates for travel and/or subsistence expenses. (U. S. C., Title 5, 8 830.)

TITLE 6_OFFICIAL AND PENAL BONDS

CUSTODY, EXAMINATION, RENEWAL

(Act of Mar. 2, 1895, c. 177, § 5, 28 Stat. 807, June 17, 1930, c. 497, 88 523, 651 (a),

(1), 46 Stat. 740, 762.) SEC. 5. •

Hereafter all bonds of the Treasurer of the United States, collectors of internal revenue, collectors, comptrollers of customs, surveyors, and other officers of the customs, either as such officers or as disbursing officers of the Treasury, bonds of the Secretary of the Senate, Clerk of the House of Representatives, and the Sergeant-at-Arms of the House of Representatives, and all such bonds now on file in the office of the Comptroller of the Treasury, shall be transmitted to the Secretary of the Treasury and filed as he may direct; and the duties now required by law of the Comptroller of the Treasury in regard to such bonds, as the successor of the Commissioner of Customs and First Comptroller of the Treasury, shall hereafter be performed by the Secretary of the Treasury. (U. S. C., Title 6, § 1.)

Hereafter every officer required by law to take and approve official bonds shall cause the same to be examined at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every officer having power to fix the amount of an official bond shall examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much oftener as he may deem it necessary. (U. S. C., Title 6, $ 2.)

Hereafter every officer whose duty it is to take and approve official bonds shall cause all such bonds to be renewed every four years after their dates, but he may require such bonds to be renewed or strengthened oftener if he deem such action necessary. In the discretion of such officer the requirement of a new bond may be waived for the period of service of a bonded officer after the expiration of a four-year term of service pending the appointment and qualification of his successor: Provided, That the nonperformance of any requirement of this section on the part of any official of the Government shall not be held to affect in any respect the liability of principal or sureties on any bond made or to be made to the United States: Provided further, That the liability of the principal and sureties on all official bonds shall continue and cover the period of service ensuing until the appointment and qualification of the successor of the principal: And provided further, That nothing in this section shall be construed to repeal or modify section thirty-eight hundred and thirty-six of the Revised Statutes of the United States. (U. S. C., Title 6, § 3.)

NOTICE OF DELINQUENCY OF PRINCIPAL

SECTION 1. Hereafter, whenever any deficiency shall be discovered in the accounts of any official of the United States, or of any officer disbursing or chargeable with public money, it shall be the duty of the accounting officers making such discovery to at once notify the head of the department having control over the affairs of said officer of the nature and amount of said deficiency, and it shall be the immediate duty of said head of department to at once notify all obligors upon the bond or bonds of such official of the nature of such deficiency and the amount thereof. Said notification shall be deemed sufficient if mailed at the post-office in the city of Washington, District of Columbia, addressed to said sureties respectively, and directed to the respective post-offices where said obligors may reside, if known; but a failure to give or mail such notice shall not discharge the surety or sureties upon such bond. (Aug. 8, 1888, c. 787, § 1, 25 Stat. 387.) (U. S. C., Title 6, § 4.)

LIMITATION OF ACTIONS AGAINST SURETIES

SEC. 2. If, upon the statement of the account of any official of the United States, or of any officer disbursing or chargeable with public money, by the General Accounting Office, it shall thereby appear that he is indebted to the United States, and suit therefor shall not be instituted within five years after such statement of said account, the sureties on his bond shall not be liable for such indebtedness. (Aug. 8, 1888, c. 787, § 2, 25 Stat. 387; June 10, 1921, c. 18, $ 301, 42 Stat. 23.) (U. S. C., Title 6, $ 5.)

ACT OF AUGUST 13, 1894

(Aug. 13, 1894, c. 282, 28 Stat. 279, etc.)

SURETY COMPANIES AS SURETIES

SECTION 1. Whenever any recognizance, stipulation, bond, or undertaking conditioned for the faithful performance of any duty, or for doing or refraining from doing anything in such recognizance, stipulation, bond, or undertaking specified, is by the laws of the United States required or permitted to be given with one surety or with two or more sureties, the execution of the same or the guaranteeing of the performance of the condition thereof shall be sufficient when executed or guaranteed solely by a corporation incorporated under the laws of the United States, or of any State having power to guarantee the fidelity of persons holding positions of public or private trust, and to execute and guarantee bonds and undertakings in judicial proceedings: Provided, That such recognizance, stipulation, bond, or undertaking be approved by the head of department, court, judge, officer, board, or body executive, legislative, or judicial required to approve or accept the same. But no officer or person having the approval of any bond shall exact that it shall be furnished by a guarantee company or by any particular guarantee company. (U. S. C., Title 6, § 6.)

APPOINTMENT OF AGENTS BY SURETY COMPANIES; SERVICE OF PROCESS

SEC. 2. No such company shall do business under the provisions of this Act beyond the limits of the State or Territory under whose laws it was incorporated and in which its principal office is located, nor beyond the limits of the District of Columbia, when such company was incorporated under its laws or the laws of the United States and its principal office is located in said District, until it shall by a written power of attorney appoint some person residing within the jurisdiction of the court for the judicial district wherein such suretyship is to be undertaken, who shall be a citizen of the State, Territory, or District of Columbia, wherein such court is held, as its agent, upon whom may be served all lawful process against such company, and who shall be authorized to enter an appearance in its behalf. A copy of such power of attorney, duly certified and authenticated, shall be filed with the clerk of the district court of the United States for such district at each place where a term of such court is or may be held, which copy, or a certified copy thereof, shall be legal evidence in all controversies arising under this Act. If any such agent shall be removed, resign, or die, become insane, or otherwise incapable of acting, it shall be the duty of such company to appoint another agent in his place as hereinbefore prescribed, and until such appointment shall have been made, or during the absence of any agent of such company from such district, service of process may be upon the clerk of the court wherein such suit is brought, with like effect as upon an agent appointed by the company. The officer executing such process upon such clerk shall immediately transmit a copy thereof by mail to the company, and state such fact in his return. A judgment, decree, or order of a court entered or made after service of process as aforesaid shall be as valid and binding on such company as if served with process in said district. (U. S. C., Title 6, 8 7.)

DEPOSIT OF COPY OF CHARTER

SEO. 3. Every company, before transacting any business under this Act, shall deposit with the Secretary of the Treasury of the United States a copy of its charter or articles of incorporation, and a statement signed and sworn to by its president and secretary, showing its assets and liabilities. If the said Secretary of the Treasury shall be satisfied that such company has authority under its charter to do the business provided for in this Act, and that it has a paid-up capital of not less than two hundred and fifty thousand dollars, in cash or its equivalent, and is able to keep and perform its contracts, he shall grant authority in writing to such company to do business under this Act. (Amended Mar. 23, 1910, c. 109, 36 Stat. 241.) (U. S. C., Title 6, § 8.)

QUABTERLY STATEMENTS

SEC. 4. Every such company shall, in the months of January, April, July, and October of each year, file with the said Secretary of the Treasury a statement, signed and sworn to by its president and secretary, showing its assets and liabilities, as is required by section three of this Act. And the said Secretary of the Treasury shall have the power, and it shall be his duty, to revoke the authority of any such company to transact any new business under this Act whenever in his judgment such company is not solvent or is conducting its business in violation of this Act. He may institute inquiry at any time into the solvency of said company and may require that additional security be given at any time by any principal when he deems such company no longer sufficient security. (Amended Mar. 23, 1910, c. 109, 36 Stat. 241.) (U. S. C., Title 6, § 9.)

JURISDICTION OF SUITS ON BONDS

SEO. 5. Any surety company doing business under the provisions of this Act may be sued in respect thereof in any court of the United States which has now or hereafter may have jurisdiction of actions or suits upon such recognizance, stipulation, bond, or undertaking, in the district in which such recognizance, stipulation, bond, or undertaking was made or guaranteed, or in the district in which the principal office of such company is located. And for the purposes of this Act such recognizance, stipulation, bond, or undertaking shall be treated as made or guaranteed in the district in which the office is located, to which it is returnable, or in which it is filed, or in the district in which the principal in such recognizance, stipulation, bond, or undertaking resided when it was made or guaranteed. (U. S. C., Title 6, § 10.)

NONPAYMENT OF JUDGMENT

Sec. 6. If any such company shall neglect or refuse to pay any final Judgment or decree rendered against it upon any such recognizance, stipulation, bond, or undertaking made or guaranteed by it under the provisions of this Act, from which no appeal, or supersedeas has been taken, for thirty days after the rendition of such judgment or decree, it shall forfeit all right to do business under this Act. (Amended Jan. 31, 1928, c. 14, § 1, 45 Stat. 54.) (U. S. C., Title 6, § 11.)

ESTOPPEL TO DENY CORPORATE POWERS

SEC. 7. Any company which shall execute or guarantee any recognizance, stipulation, bond, or undertaking under the provisions of this Act shall be estopped in any proceeding to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute or guarantee such instrument or assume such liability. (U. S. C., Title 6, $ 12.)

FAILURE TO COMPLY WITH THIS ACT; FORFEITURE

SEC. 8. Any company doing business under the provisions of this Act which shall fail to comply with any of its provisions shall forfeit to the United States for every such failure not less than five hundred dollars nor more than five thousand dollars, to be recovered by suit in the name of the United States in the same courts in which suit may be brought against such company under the provisions of this Act, and such failure shall not affect the validity of any contract entered into by such company. (U. S. C., Title 6, § 13.)

MAXIMUM RATES FOR BONDS

Until otherwise provided by law no bond shall be accepted from any surety or bonding company for any officer or employee of the United States which shall cost more than thirty-five per centum in excess of the rate of premium charged for a like bond during the calendar year nineteen hundred and eight: Provided, That hereafter the United States shall not pay any part of the premium or other cost of furnishing a bond required by law or otherwise of any officer or employee of the United States. (Aug. 5, 1909, c. 7, 36 Stat. 125.) (U. S. C., Title 6, $ 14.)

DEPOSIT OF UNITED STATES BONDS OR NOTES IN LIEU OF SURETY

SEO. 1126. Wherever by the laws of the United States or regulations made pursuant thereto, any person is required to furnish any recognizance, stipulation, bond, guaranty, or undertaking, hereinafter called “penal bond," with surety or sureties, such person may, in lieu of such surety or sureties, deposit as security with the official having authority to approve such penal bond, United States Liberty bonds or other bonds or notes of the United States in a sum equal at their par value to the amount of such penal bond required to be furnished, together with an agreement authorizing such official to collect or sell such bonds or notes so deposited in case of any default in the performance of any of the conditions or stipulations of such penal bond. The acceptance of such United States bonds or notes in lieu of surety or sureties required by law shall have the same force and effect as individual or corporate sureties, or certified checks, bank drafts, post-office money orders, or cash, for the penalty or amount of such penal bond. The bonds or notes deposited here under and such other United States bonds or notes as may be substituted therefor from time to time as such security, may be deposited with the Treasurer of the United States, a Federal reserve bank, or other depository duly designated for that purpose by the Secretary, which shall issue receipt therefor, describing such bonds or notes so deposited. As soon as security for the performance of such penal bond is no longer necessary, such bonds or notes so deposited shall be returned to the depositor: Provided, That in case a person or persons supplying a contractor with labor or material as provided by the act of Congress, approved February 24, 1905 (33 Stat., 811), entitled "An act to amend an act approved August thirteenth, eighteen hundred and ninety-four, entitled 'An act for the protection of persons furnishing materials and labor for the construction of public works,'” shall file with the obligee, at any time after a default in the performance of any contract subject to said acts, the application and affidavit therein provided, the obligee shall not deliver to the obligor the deposited bonds or notes nor any surplus proceeds thereof until the expiration of the time limited by said acts for the institution of suit by such person or persons, and, in case suit shall be instituted within such time, shall hold said bonds or notes or proceeds subject to the order of the court having jurisdiction thereof: Provided further, That nothing herein contained shall affect or impair the priority of the claim of the United States against the bonds or notes deposited or any right or remedy granted by said acts or by this section to the United States for default upon any obligation of said penal bond : Provided further, That all laws inconsistent with this section are hereby so modified as to conform to the provisions hereof: And provided further, That nothing contained herein shall affect the authority of courts over the security, where such bonds are taken as security in judicial proceedings, or the authority of any administrative officer of the United States to receive United States bonds for security in cases authorized by existing laws. The Secretary may prescribe rules and regulations necessary and proper for carrying this section into effect. In order to avoid the frequent substitution of securities such rules and regulations may limit the effect of this section, in appropriate classes of cases, to bonds and notes of the United States maturing more than a year after the date of deposit of such bonds as surety. The phrase "bonds or notes of the United States” shall be deemed, for the purposes of this section, to mean any public-debt obligations of the United States and any bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States. (Feb. 26, 1926, C. 27, § 1128 ; 44 Stat. 122; amended Feb. 4, 1935, c. 5, § 7, 49 Stat. 22.) (U. S. C., Title 6, 8 15.)

TITLE 7-AGRICULTURE

ACCESS TO INTERNAL REVENUE RECORDS

The Secretary of Agriculture shall have access to the tobacco records of the Commissioner of Internal Revenue and of the several collectors of internal revenue for the purpose of obtaining lists of the persons subject to this Act and for the purpose of aiding the collection of the information herein required, and the Commissioner of Internal Revenue and the several collectors of internal revenue shall cooperate with the Secretary of Agriculture in effectuating the provisions of this Act. (Jan. 14, 1929, c. 69, § 5, 45 Stat. 1080, amended Aug. 27, 1935, c. 749, § 3, 49 Stat. 894.) (U. S. C., Title 7, 8 505.)

AGRICULTURAL ADJUSTMENT ACT

(May 12, 1933, c. 25, 48 Stat. 39, etc.) Sec. 10 (d) The Secretary of the Treasury is authorized to make such regulations as may be necessary to carry out the powers vested in him by this title. (U. S. C., Title 7, § 610 (d).)

SUPPLEMENTABY REVENUE PROVISIONS

EXEMPTIONS AND COMPENSATING TAXES Sec. 15. (a) If at any time the Secretary of Agriculture finds, upon investigation and after due notice and opportunity for hearing to interested parties,

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