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tures in one portion of the year which may necessitate deficiency or additional appropriations to complete the service of the fiscal year for which said appropriations are made; and all such apportionments shall be adhered to and shall not be waived or modified except upon the happening of some extraordinary emergency or unusual circumstance which could not be anticipated at the time of making such apportionment, but this provision shall not apply to the contingent appropriations of the Senate or House of Representatives; and in case said apportionments are waived or modified as herein provided, the same shall be waived or modified in writing by the head of such Executive Department or other Government establishment having control of the expenditure, and the reasons therefor shall be fully set forth in each particular case and communicated to Congress in connection with estimates for any additional appropriations required on account thereof. Any person violating any provision of this section shall be summarily removed from office and may also be punished by a fine of not less than one hundred dollars or by imprisonment for not less than one month.

Rev. St. sec. 3679, as amended by act March 3, 1905, c. 1481, s. 4, 33 Stat. 1257, and act February 27, 1906, c. 510, s. 4, 34 Stat. 48.

A similar provision relating to the acceptance of voluntary service, contained in act May 1, 1884, c. 37, is set forth on p. 279, ante, under "Officers, Clerks, and Employees."

ACT AUGUST 23, 1912, c. 350. (37 Stat. 360.)

Maximum amounts to be expended from contingent funds appropriated, to be apportioned; purchases which can be made from contingent funds not to be made from any other fund.

SEC. 6. That in addition to the apportionment required by the socalled antideficiency Act, approved February twenty-seventh, nineteen hundred and six (Statutes at Large, volume thirty-four, page forty-nine), the head of each executive department shall, on or before the beginning of each fiscal year, apportion to each office or bureau of his department the maximum amount to be expended therefor during the fiscal year out of the contingent fund or funds appropriated for the entire year for the department, and the amounts so apportioned shall not be increased or diminished during the year for which made except upon the written direction of the head of the department, in which there shall be fully expressed his reasons therefor; and hereafter there shall not be purchased out of any other fund any article for use in any office or bureau of any executive department in Washington, District of Columbia, which could be purchased out of the appropriations made for the regular contingent funds of such department or of its offices or bureaus.

Act August 23, 1912, c. 350, s. 6, 37 Stat. 414.

This section is a part of the legislative, executive, and judicial appropriation act for the fiscal year 1913, cited above.

The apportionment required by act February 27, 1906, c. 510, s. 4, is set forth above.

ACT AUGUST 24, 1912, c. 355. (37 Stat. 417.)

No specific or indefinite appropriation to be construed as permanent unless in terms expressly so providing

SEC. 7. No specific or indefinite appropriation made hereafter in any regular annual appropriation Act shall be construed to be per

manent or available continuously without reference to a fiscal year unless it belongs to one of the following five classes: "Rivers and harbors," "lighthouses," "fortifications,"" public buildings," and " "pay of the Navy and Marine Corps," last specifically named in and excepted from the operation of the provisions of the so-called "covering-in Act" approved June twentieth, eighteen hundred and seventyfour, or unless it is made in terms expressly providing that it shall contínue available beyond the fiscal year for which the appropriation Act in which it is contained makes provision.

Act August 24, 1912, c. 355, s. 7, 37 Stat. 487.

This section is a portion of the sundry civil appropriation act for the fiscal year 1913, cited above.

ACT MAY 28, 1896, c. 252. (29 Stat. 140.)

Footing of paragraphs to determine amount appropriated.

That hereafter the total amount appropriated in the various paragraphs of an appropriation Act shall be determined by the correct footing up of the specific sums or rates appropriated in each paragraph contained therein unless otherwise expressly provided.

Act May 28, 1896, c. 252, s. 1, 29 Stat. 148.

This is a paragraph of the legislative, executive, and judicial appropriation act for the fiscal year 1897, cited above.

REV. ST. SEC. 3681.

Expenses of commissions and inquiries.

SEC. 3681. No accounting or disbursing officer of the Government shall allow or pay any account or charge whatever, growing out of, or in any way connected with, any commission or inquiry,

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until special appropriations shall have been made by law to pay such accounts and charges.

ACT MARCH 4, 1909, c. 299. (35 Stat. 945.)

Use of moneys or appropriations for compensation or expenses of any commission, etc., forbidden, unless authorized by law; details from executive departments in connection with such commissions, etc., forbidden.

SEC. 9. That hereafter no part of the public moneys, or of any appropriation heretofore or hereafter made by Congress, shall be used for the payment of compensation or expenses of any commission, council, board, or other similar body, or any members thereof, or for expenses in connection with any work or the results of any work or action of any commission, council, board, or other similar body, unless the creation of the same shall be or shall have been authorized by law; nor shall there be employed by detail, hereafter or heretofore made, or otherwise personal services from any executive department or other government establishment in connection with any such commission, council, board, or other similar body.

Act March 4, 1909, c. 299, s. 9, 35 Stat. 1027.

This section is a part of the sundry civil appropriation act for the fiscal year 1910, cited above.

REV. ST. SEC. 3682.

Restrictions on contingent, etc., appropriations.

SEC. 3682. No moneys appropriated for contingent, incidental, or miscellaneous purposes shall be expended or paid for official or clerical compensation.

REV. ST. SEC. 3683.

Restrictions on purchases from contingent funds.

SEC. 3683. No part of the contingent fund appropriated to any Department, Bureau, or office, shall be applied to the purchase of any articles except such as the head of the Department shall deem necessary and proper to carry on the business of the Department, Bureau, or office, and shall, by written order, direct to be procured.

ACT MARCH 15, 1898, c. 68. (30 Stat. 277.)

Restrictions on purchases of law books, etc., from appropriations for contingent expenses, etc.

SEC. 3. That hereafter law books, books of reference, and periodicals for use of any Executive Department, or other Government establishment not under an Executive Department, at the seat of Government, shall not be purchased or paid for from any appropriation made for contingent expenses or for any specific or general purpose unless such purchase is authorized and payment therefor specifically provided in the law granting the appropriation.

Act March 15, 1898, c. 68, s. 3, 30 Stat. 316.

This section is a part of the legislative, executive, and judicial appropriation act for the fiscal year 1899, cited above.

REV. ST. SEC. 3690.

Expenditure of balances of appropriations.

SEC. 3690. All balances of appropriations contained in the annual appropriation bills and made specifically for the service of any fiscal year, and remaining unexpended at the expiration of such fiscal year, shall only be applied to the payment of expenses properly incurred during that year, or to the fulfillment of contracts properly made within that year; and balances not needed for such purposes shall be carried to the surplus fund. This section, however, shall not apply to appropriations known as permanent or indefinite appropriations.

ACT JUNE 23, 1874, c. 476. (18 Stat. 275.)

Appropriations for public buildings available until completion of work.

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That all moneys heretofore appropriated for the construction of public buildings and now remaining to the credit of the same on the books of the Treasury Department, or which may hereafter be appropriated for such buildings, shall remain available until the completion of the work for which they are, or may be, appropriated; and upon the final completion of each or any of said buildings, and the payment of all outstanding liabilities therefor, the balance or balances remaining shall be immediately covered into the Treasury.

Act June 23, 1874, c. 476, s. 1, 18 Stat. 275.

REV. ST. SEC. 3691.

Disposal of balances of appropriations after two years.

SEC. 3691. All balances of appropriations which shall have remained on the books of the Treasury, without being drawn against in the settlement of accounts, for two years from the date of the last appropriation made by law, shall be reported by the Secretary of

the Treasury to the Auditor of the Treasury, whose duty it is to settle accounts thereunder, and the Auditor shall examine the books of his Office, and certify to the Secretary whether such balances will be required in the settlement of any accounts pending in his office; and if it appears that such balances will not be required for this purpose, then the Secretary may include such balances in his surplusfund warrant, whether the head of the proper Department shall have certified that it may be carried into the general Treasury or not.

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ACT JUNE 20, 1874, c. 328. (18 Stat. 85.)

Unexpended balances of appropriations to be carried to surplus fund; exceptions. SEC. 5. That from and after the first day of July, eighteen hundred and seventy-four, and of each year thereafter, the Secretary of the Treasury shall cause all unexpended balances of appropriations which shall have remained upon the books of the Treasury for two fiscal years to be carried to the surplus fund and covered into the Treasury: Provided, That this provision shall not apply to permanent specific appropriations, appropriations for buildings,

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but the appropriations named in this proviso shall continue available until otherwise ordered by Congress,

Act June 20, 1874, c. 328, s. 5, 18 Stat. 110.

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This section is part of the legislative, executive, and judicial appropriation act for the fiscal year 1875, cited above.

The final portion of this section omitted here is temporary or is repealed by act June 14, 1878, c. 191, s. 4, set forth below.

ACT JUNE 14, 1878, c. 191. (20 Stat. 115.)

Reports of balances needing to be appropriated abolished; examination of claims under appropriations exhausted or carried to surplus fund.

SEC. 4. That so much of section five of the act approved June twentieth, eighteen hundred and seventy-four, as directs the Secretary of the Treasury at the beginning of each session to report to Congress with his annual estimates any balances of appropriations for specific objects affected by said section that may need to be reappropriated, be, and hereby is, repealed. And it shall be the duty of the several accounting officers of the Treasury to continue to receive, examine, and consider the justice and validity of all claims under appropriations the balances of which have been exhausted or carried to the surplus fund under the provisions of said section that may be brought before them within a period of five years. Provided, That nothing in this act shall be construed to authorize the re-examination and payment of any claim or account which has been once examined and rejected, unless reopened in accordance with existing law.

Act June 14, 1878. c. 191, s. 4, 20 Stat. 130.

This section is a part of the deficiency appropriation act for the fiscal year 1878, cited above.

ACT MARCH 4, 1909, c. 299. (35 Stat. 945.)

Balances of appropriations remaining unexpended on July 1, 1904, to be carried to surplus fund.

SEC. 10. The Secretary of the Treasury shall cause all unexpended balances of appropriations which remained on the books of the Treasury on the first day of July, nineteen hundred and four, except

permanent specific appropriations,

surplus fund and covered into the Treasury:

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to be carried to the * * For the pur

poses herein declared no appropriation made prior to July first, nineteen hundred and four, shall be construed to be a permanent specific appropriation unless by its language it is specifically and in express terms made available for use until expended.

Act March 4, 1909, c. 299, s. 10, 35 Stat. 1027.

This section is a part of the sundry civil appropriation act for the fiscal year 1910, cited above.

CONTRACTS.

REV. ST. SEC. 3709.

Advertisement for proposals for supplies and services in departments; acceptance or rejection of bids.

SEC. 3709. All purchases and contracts for supplies or services, in any of the Departments of the Government, except for personal services, shall be made by advertising a sufficient time previously for proposals respecting the same, when the public exigencies do not require the immediate delivery of the articles, or performance of the service. When immediate delivery or performance is required by the public exigency, the articles or service required may be procured by open purchase or contract, at the places and in the manner in which such articles are usually bought and sold, or such services engaged, between individuals. And the advertisement for such proposals shall be made by all the Executive Departments * * * on the same

days and shall each designate two o'clock post meridian of such days for the opening of all such proposals in each Department and other Government establishment in the city of Washington; and the Secretary of the Treasury shall designate the day or days in each year for the opening of such proposals and give due notice thereof to the other Departments and Government establishments. Such proposals shall be opened in the usual way and schedules thereof duly prepared and, together with the statement of the proposed action of each Department and Government establishment thereon, shall be submitted to a board, consisting of one of the Assistant Secretaries of the Treasury and Interior Departments and one of the Assistant PostmastersGeneral, who shall be designated by the heads of said Departments and the Postmaster-General respectively, at a meeting to be called by the official of the Treasury Department, who shall be chairman thereof, and said board shall carefully examine and compare all the proposals so submitted and recommend the acceptance or rejection of any or all of said proposals. And if any or all of such proposals shall be rejected, advertisements for proposals shall again be invited and proceeded with in the same manner.

Rev. St. sec. 3709, as amended by act January 27, 1894, c. 22, 28 Stat. 33. The provisions of this section as amended are so limited that they apply only to advertisements for proposals for fuel, ice, stationery, and other miscellaneous supplies purchased in Washington, by act April 21, 1894, c. 61, s. 2, set forth below.

The provisions of this section are not applicable to any purchase or service in the Department of Agriculture, when the aggregate amount does not exceed the sum of $50, by act March 1, 1899, c. 325, s. 1, set forth on p. 20, ante.

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