868. Same; filling of temporary vacancies.

The seventh paragraph of this section, based on R. S. 1132 as amended; U. S. C. 10: 7, has not and should not be repealed (J. A. G. 010.3, July 8, 1930, p. 19).

Provision for performance of the duties of the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of State, during their absence or sickness, was made by Executive Orders Nos. 7465, October 6, 1936, 7479, October 27, 1936, and 7487, November 12, 1936. See third paragraph of this section (R. S. 179).

869. Same; annual reports; time of submission.

*

The appropriations made for printing and binding shall not be used for any annual report or the accompanying documents unless the manuscript and proof therefor is furnished to the Public Printer in the following manner: Manuscript of the documents accompanying such annual reports on or before the 1st day of November of each year; manuscript of the annual reports on or before the 15th day of November of each year; complete revised proofs of the accompanying documents on the 1st day of December of each year and of the annual reports on the 10th day of December of each year; and all of said annual reports and accompanying documents shall be printed, made public, and available for distribution not later than within the first five days after the assembling of each regular session of Congress. The provisions of this section shall not apply to the annual reports of the Smithsonian Institution, the Commissioner of Patents, the Comptroller of the Currency, or the Secretary of the Treasury. Sec. 3, act of July 1, 1916 (39 Stat. 336), as amended by sec. 8, Title V, act of June 20, 1936 (49 Stat. 1550); U. S. C. 5: 108.

The second paragraph of the original text of this section has been amended as above. 870a. Same; annual reports to include statement of receipts. In the annual report to Congress of each executive department or independent establishment there shall be included a statement of receipts during the period covered by such report, from fees or charges paid to such department or establishment under this Act and all other Acts of Congress. Sec. 313, Title III, Part II, act of June 30, 1932 (47 Stat. 411); U. S. C. 5: 104a.

See 1835, post.

873. Same; use of Library of Congress.

"U. S. C. 2: 137a" should be added to the citation to this section, based on R. S. 94 (J. A. G. 010.3, Oct. 20, 1930, p. 1).

874. Efficiency.

By 631, ante, the Bureau of Efficiency and the office of Chief of such bureau were abolished, and its records and property transferred to the Bureau of the Budget. Unexpended balances of appropriations were directed to be impounded and returned to the Treasury.

876. Hours for transaction of public business.

This section, based on R. S. 162, U. S. C. 5: 26, was expressly repealed by act of December 16, 1930 (46 Stat. 1028).

879. Legal services; opinions of the Attorney General.

NOTES OF DECISIONS

because the question is hypothetical; and also because the Secretary is not required to determine the constitutional power of Congress in such legislative field. (1929) 36 Op. Atty. Gen. 21.

Hypothetical questions.-The Attorney | relating to the smuggling of narcotic drugs, General is not authorized to render an opinion upon the question whether there would be any constitutional objection to the enactment by Congress of legislation requiring telegraph and cable companies to furnish to the Government for transmission to foreign countries copies of telegrams and cablegrams

To be considered by the Attorney General a question must be not only one arising in

the administration of a Department but it | (1933) 37 Op. Atty. Gen. 143; (1934) 37 must be one still pending. A matter which Op. Atty. Gen. 468. has been considered and decided is not a "question" upon which the head of a Department may require an opinion of the head of the Department of Justice. (1933) 37 Op. Atty. Gen. 261.

Questions as to availability of appropriations.-It has been the practice of the Attorneys General not to render opinions as to whether an appropriation is available for a specific purpose unless the expenditure of Questions for determination by court.- such appropriation is discretionary with the Where questions presented can be settled head of the department or establishment finally only by the courts, it is the settled concerned, or there are other questions of rule of the Department of Justice that the law involved, or the subject is one of great Attorney General will not render an opinion. | importance. (1934) 37 Op. Atty. Gen. 543.

883. Official records; access by Bureau of Efficiency.

By 631, ante, the Bureau of Efficiency was abolished and its records and property transferred to the Bureau of the Budget.

883a. Same; access by Federal Farm Board. (b) The President may by Executive order direct any such governmental establishment to furnish the board such information and data as such governmental establishment may have pertaining to the functions of the board; except that the President shall not direct that the board be furnished with any information or data supplied by any person in confidence to any governmental establishment in pursuance of any provision of law or of any agreement with a governmental establishment. Sec. 13, act of June 15, 1929 (46 Stat. 17); U. S. C. 7: 533.

883b. Same; access by Department of Commerce.-—That the Secretary of Commerce, whenever he may deem it advisable, on request of the Director of the Census, is hereby authorized to call upon any other department or office of the Government for information pertinent to the work herein provided for. Sec. 15, act of June 18, 1929 (46 Stat. 25); U. S. C. 13: 215.

883c. Same; access by United States Tariff Commission. The commission shall in appropriate matters act in conjunction and cooperation with * * * any other departments, or independent establishments of the Government, and such departments and independent establishments of the Government shall cooperate fully with the commission for the purposes of aiding and assisting in its work, and, when directed by the President, shall furnish to the commission, on its request, all records, papers, and information in their possession relating to any of the subjects of investigation by the commission and shall detail, from time to time, such officials and employees to said commission as he may direct. 334, act of June 17, 1930 (46 Stat. 700); U. S. C. 19: 1334.

Sec.

883e. Official records; access by National Labor Relations Board.-The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their possession relating to any matter before the Board. Sec. 11 (6), act of July 5, 1935 (49 Stat. 456); U. S. C. 29: 161.

886. Same; disposition when no longer required.

The first paragraph of this section, based on act of February 16, 1889 (25 Stat. 672); U. S. C. 5: 112, is apparently repealed by 886a, post (J. A. G. 313.6, May 1, 1935). 886a. Same; National Archives.-That there is hereby created the Office of Archivist of the United States, the Archivist to be appointed by the President of the United States, by and with the advice and consent of the Senate. Sec. 1, act of June 19, 1934 (48 Stat. 1122); U. S. C. 40: 231.

The salary of the Archivist shall be $10,000 annually. All persons to be employed in the National Archives Establishment shall be appointed by the Archivist solely with reference to their fitness for their particular duties and

without regard to civil-service law; and the Archivist shall make rules and regulations for the government of the National Archives; but any official or employee with salary of $5,000 or over shall be appointed by the President by and with the advice and consent of the Senate. Sec. 2, act of June 19, 1934 (48 Stat. 1122); U. S. C. 40: 232.

All archives or records belonging to the Government of the United States (legislative, executive, judicial, and other) shall be under the charge and superintendence of the Archivist to this extent: He shall have full power to inspect personally or by deputy the records of any agency of the United States Government whatsoever and wheresoever located, and shall have the full cooperation of any and all persons in charge of such records in such inspections, and to requisition for transfer to the National Archives Establishment such archives or records as the National Archives Council, hereafter provided shall approve for such transfer, and he shall have authority to make regulations for the arrangement, custody, use, and withdrawal of material deposited in the National Archives Building: Provided, That any head of an executive department, independent office, or other agency of the Government may, for limited periods, not exceeding in duration his tenure of that office, exempt from examination and consultation by officials, private individuals, or any other persons such confidential matter transferred from his department or office, as he may deem wise. Sec. 3, act of June 19, 1934 (48 Stat. 1122); U. S. C. 40: 233.

The immediate custody and control of the National Archives Building and such other buildings, grounds, and equipment as may from time to time become a part of the National Archives Establishment (except as the same is vested by law in the Director of National Buildings, Parks, and Reservations) and their contents shall be vested in the Archivist of the United States. Sec. 4, act of June 19, 1934 (48 Stat. 1123); U. S. C. 40: 234.

The National Archives may also accept, store, and preserve motion-picture films and sound recordings pertaining to and illustrative of historical activities of the United States, and in connection therewith maintain a projecting room for showing such films and reproducing such sound recordings for historical purposes and study. Sec. 7, act of June 19, 1934 (48 Stat. 1123); U. S. C. 40: 237.

The National Archives shall have an official seal, which shall be judicially noticed.

The Archivist of the United States may make or reproduce and furnish authenticated or unauthenticated copies of any of the documentary, photographic or other archives or records in his custody that are not exempt from examination as confidential or protected by subsisting copyright, and may charge therefor a fee sufficient to cover the cost or expenses thereof. There shall be no charge for the making or authentication of such copies or reproductions furnished to any department or other agency of the Government for official use. When any such copy or reproduction furnished under the terms hereof is authenticated by the official seal of The National Archives and certified by the Archivist of the United States, or in his name attested by the head of any office or the chief of any division of The National Archives designated by the Archivist with such authority, it shall be admitted in evidence equally with the original from which it was made. Sec. 8, act of June 19, 1934 (48 Stat. 1123), as amended by act of June 22, 1936 (49 Stat. 1821); U. S. C. 40: 238.

That the Archivist shall make to Congress, at the beginning of each regular session, a report for the preceding fiscal year as to the National Archives, the said report including a detailed statement of all accessions and of all

receipts and expenditures on account of the said establishment. He shall also transmit to Congress the recommendations of the Commission on National Historical Publications, and, on January 1 of each year, with the approval of the Council, a list or description of the papers, documents, and so forth (among the archives and records of the Government), which appear to have no permanent value or historical interest, and which, with the concurrence of the Government agency concerned, and subject to the approval of Congress, shall be destroyed or otherwise effectively disposed of. Sec. 9, act of June 19, 1934 (48 Stat. 1123); U. S. C. 40: 239.

That there are hereby authorized such appropriations as may be necessary for the maintenance of the National Archives Building and the administration of the collections, the expenses, and work of the Commission on National Historical Publications, the supply of necessary equipment and expenses incidental to the operations aforesaid, including transfer of records to the Archives Building; printing and binding; personal services in the District of Columbia and elsewhere; travel and subsistence and per diem in lieu of subsistence, notwithstanding the provisions of any other Acts; stenographic services by contract or otherwise as may be deemed necessary; purchases and exchange of books and maps; purchase, exchange, and operation of motor vehicles; and all absolutely necessary contingent expenses, all to be expended under the direction of the Archivist, who shall annually submit to Congress estimates therefor in the manner prescribed by law. Sec. 10, act of June 19, 1934 (48 Stat. 1124); U. S. C. 40: 240.

All Acts or parts of Acts relating to the charge and superintendency, custody, preservation, and disposition of official papers and documents of executive departments and other governmental agencies inconsistent with the provisions of this Act are hereby repealed. Sec. 11, act of June 19, 1934 (48 Stat. 1124); U. S. C. 40: 241.

By act of June 17, 1935 (49 Stat. 386) the Public Printer was directed to deliver to the National Archives two bound copies of each of the following publications: House documents and reports, Senate documents and reports, Senate and House journals. United States Code and supplements, Statutes at Large, Official Register of the United States, and Decisions of the Supreme Court of the United States; together with all other documents bearing a Congressional number, and all documents not bearing a Congressional number printed by order of any Government department or establishment, with certain minor exceptions; and two copies each of all public bills and resolutions in Congress in each parliamentary stage.

886b. Same; National Archives Council.—That there is hereby further created a National Archives Council composed of the Secretaries of each of the executive departments of the Government (or an alternate from each department to be named by the Secretary thereof), the Chairman of the Senate Committee on the Library, the Chairman of the House Committee on the Library, the Librarian of Congress, the Secretary of the Smithsonian Institution, and the Archivist of the United States. The said Council shall define the classes of material which shall be transferred to the National Archives Building and establish regulations governing such transfer; and shall have power to advise the Archivist in respect to regulations governing the disposition and use of the archives and records transferred to his custody. Sec. 6, act of June 19, 1934 (48 Stat. 1123) ; U. S. C. 40: 236.

886c. Official records; Federal Register. That the Archivist of the United States, acting through a division established by him in the National Archives Establishment, hereinafter referred to as the "Division", is charged with the custody and, together with the Public Printer, with the prompt and uniform printing and distribution of the documents required or authorized to be pub

lished under section 5. There shall be at the head of the Division a director, appointed by the President, who shall act under the general direction of the Archivist of the United States in carrying out the provisions of this Act and the regulations prescribed hereunder, who shall receive a salary, to be fixed by the President, not to exceed $5,000 a year. Sec. 1, act of July 26, 1935 (49 Stat. 500); U. S. C. 44: 301.

The original and two duplicate originals or certified copies of any document required or authorized to be published under section 5 shall be filed with the Division, which shall be open for that purpose during all hours of the working days when the Archives Building shall be open for official business. The Director of the Division shall cause to be noted on the original and duplicate originals or certified copies of each document the day and hour of filing thereof: Provided, That when the original is issued, prescribed, or promulgated outside of the District of Columbia and certified copies are filed before the filing of the original, the notation shall be of the day and hour of filing of the certified copies. Upon such filing, at least one copy shall be immediately available for public inspection in the office of the Director of the Division. The original shall be retained in the archives of the National Archives Establishment and shall be available for inspection under regulations to be prescribed by the Archivist. The Division shall transmit immediately to the Government Printing Office for printing, as provided in this Act, one duplicate, original or certified copy of each document required or authorized to be published under section 5. Every Federal agency shall cause to be transmitted for filing as herein required the original and the duplicate originals or certified copies of all such documents issued, prescribed, or promulgated by the agency. Sec. 2, act of July 26, 1935 (49 Stat. 500); U. S. C. 44: 302.

All documents required or authorized to be published under section 5 shall be printed and distributed forthwith by the Government Printing Office in a serial publication designated the "Federal Register." It shall be the duty of the Public Printer to make available the facilities of the Government Printing Office for the prompt printing and distribution of the Federal Register in the manner and at the times required in accordance with the provisions of this Act and the regulations prescribed hereunder. The contents of the daily issues shall be indexed and shall comprise all documents, required or authorized to be published, filed with the Division up to such time of the day immediately preIceding the day of distribution as shall be fixed by regulations hereunder. There shall be printed with each document a copy of the notation, required to be made under section 2, of the day and hour when, upon filing with the Division, such document was made available for public inspection. Distribution shall be made by delivery or by deposit at a post office at such time in the morning of the day of distribution as shall be fixed by such regulations prescribed hereunder. The prices to be charged for the Federal Register may be fixed by the administrative committee established by section 6 without reference to the restrictions placed upon and fixed for the sale of Government publications by section 1 of the Act of May 11, 1922, and section 307 of the Act of June 30, 1932 (U. S. C., title 44, secs. 72 and 72a), and any amendments thereto. Sec. 3, act of July 26, 1935 (49 Stat. 500); U. S. C. 44: 303.

As used in this Act, unless the context otherwise requires, the term "document" means any Presidential proclamation or Executive order and any order, regulation, rule, certificate, code of fair competition, license, notice, or similar instrument issued, prescribed, or promulgated by a Federal agency; the terms "Federal agency" or "agency" mean the President of the United States, or any executive department, independent board, establishment, bureau, agency, insti