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it is located, a particular account of the cost of such removal shall be laid before Congress. (R. S. § 1776:)

DERIVATION

Act Apr. 21, 1806, ch. 41, § 6, 2 Stat. 397.

891. Evidence furnished by departments in suits in Court of Claims. In all suits brought against the United States in the Court of Claims founded upon any contract, agreement, or transaction with any department, or any bureau, officer, or agent of a department, or where the matter or thing on which the claim is based has been passed upon and decided by any department, bureau, or officer authorized to adjust it, the Attorney General shall transmit to such department, bureau, or officer, a printed copy of the petition filed by the claimant, with a request that the department, bureau, or officer, shall furnish to the Attorney General all facts, circumstances, and evidence touching the claim in the possession or knowledge of the department, bureau, or officer. Such department, bureau, or officer shall, without delay, and within a reasonable time, furnish the Attorney General with a full statement, in writing, of all such facts, information, and proofs. The statement shall contain a reference to or description of all such official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the department, bureau, or officer, the statement shall succinctly state the reasons and principles upon which such decision was based. In all cases where such decision was founded upon any Act of Congress, or upon any section or clause of such Act, the same shall be cited specifically; and if any previous interpretation or construction has been given to such Act, section, or clause by the department, bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a department, or where such regulation has, in the opinion of the department, bureau, or officer transmitting such statement, any bearing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same facts, circumstances, and proofs, the department, bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, certified, and transmitted in each case respectively. (R. S. § 188.)

DERIVATION

Act June 25, 1868, ch. 71, § 6, 15 Stat. 76.

§ 92. Taking oaths or acknowledgments. In all cases in which, under the laws of the United States, oaths or acknowledgments might be taken or made on June 22, 1874, before any justice of the peace of any State or Territory, or in the District of

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Columbia, they may be also taken or made by or before any notary public duly appointed in any State, District, or Territory, or any of the United States commissioners, and, when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. (R. S. § 1778; May 28, 1896, ch. 252, § 19, 29 Stat. 184.)

DERIVATION

Act Sept. 16, 1850, ch. 52, § 1, 9 Stat. 458; act July 29, 1854, ch. 159, § 1, 10 Stat. 315.

CHANGE IN NAME

"Justice of the peace" courts in District of Columbia to be known as "municipal courts of the District of Columbia," see act February 17, 1909, ch. 134, 35 Stat. 623.

§ 92a. Oaths required by United States; administration by notaries public and other State officers.-In all cases in which, under the laws of the United States, oaths are authorized or required to be administered, they may be administered by notaries public duly appointed in any State, District, or Territory of the United States, by clerks and prothonotaries of courts of record of any such State, District, or Territory, by the deputies of such clerks and prothonotaries, and by all magistrates authorized by the laws of or pertaining to any such State, District, or Territory to administer oaths. (July 3, 1926, ch. 752, 44 Stat. 830.)

§ 93. Oaths to witneses.-Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or attempts to defraud, the Government, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army, Navy, Marine Corps, or Coast Guard, detailed to conduct an investigation, and the recorder, and if there be none the presiding officer, of any military, naval, or Coast Guard board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. (R. S. § 183; Mar 2, 1901, ch. 809, § 3, 31 Stat. 951; Feb. 13, 1911, ch. 43, 36 Stat. 898; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800.)

DERIVATION

Res. Apr. 10, 1869, No. 15, § 2, 16 Stat. 55; act Mar. 7, 1870, ch. 23, 16 Stat. 75.

§ 94. Subpœnas to witnesses.-Any head of a department or bureau in which a claim against the United States is properly pending may apply to any judge or clerk of any court of the United States, in any State, District, or Territory, to issue a subpoena for a witness being within the jurisdiction of such court, to appear at a time and place in the subpoena stated, before any officer authorized to take depositions to be used in the courts of the United States, there to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined upon the subject of such claim. (R S. § 184.) DERIVATION

Act Feb. 14 1871, ch. 51, § 1, 16 Stat. 412.

§ 95. Witnesses' fees.-Witness subpoenaed pursuant to section 94 shall be allowed the same compensation as is allowed witnesses in the courts of the United States. (R. S. § 185.)

DERIVATION

Act Feb. 14, 1871, ch. 51, § 1, 16 Stat. 412.

CROSS REFERENCES

Loss of salary as witness in certain cases, see section 30n-1 of this title.

§ 96. Compelling testimony.-If any witness, after being duly served with such subpoena, neglects or refuses to appear, or appearing, refuses to testify, the judge of the district in which the subpoena issued may proceed, upon proper process, to enforce obedience to the subpoena, or to punish the disobedience, in like manner as any court of the United States may do in case of process of subpoena ad testificandum issued by such court. (R. S. § 186.)

DERIVATION

Act Feb. 14, 1871, ch. 51, § 1, 16 Stat. 412.

§ 97. Oaths to expense accounts.-Chief clerks of the various executive departments, independent establishments, and other Government agencies, or of bureaus thereof, chiefs of field parties and any officer or employee of any executive department, independent establishment, or other Government agency, in the District of Columbia or elsewhere, who shall have been designated in writing for such purpose by the head of the department, establishment, or agency concerned, are required, empowered, and authorized, when requested, to administer oaths, required by law or otherwise, to accounts for travel or other expenses against the United States, with like force and effect as officers having a seal; for such services when so rendered, or when rendered on demand by notaries public, who at the time are also salaried officers or employees of the United States, no charge shall be made; and no fee or money paid for the services herein described shall be paid or reimbursed by the United States. (Aug. 24, 1912, ch. 355, § 8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat. 810.)

§ 98. Civil pension roll prohibited.-The establishment of a civil pension roll or an honorable-service roll, or the exemption of any of the officers, clerks, and persons in the public service from the laws existing February 24, 1899, respecting employment in such service, is prohibited. (Feb. 24, 1899, ch. 187, § 4, 30 Stat. 890.)

CROSS REFERENCE

Retirement of civil service employees, see section 691 et seq. of this title.

§ 99. Ex-officers or employees not to prosecute claims in departments. It shall not be lawful for any person appointed as an officer, clerk, or employee in any of the departments, to act as counsel, attorney, or agent for prosecuting any claim against the United States which was pending in either of said departments while he was such officer, clerk, or employee, nor in any manner,

nor by any means, to aid in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employee. (R. S. § 190.)

§ 101. Advertising practice before departments or offices of Government.-It shall be unlawful for any person, firm, or corporation practicing before any department or office of the Government to use the name of any Member of either House of Congress or of any officer of the Government in advertising the said business. (Apr. 27, 1916, ch. 89, § 1, 39 Stat. 54.)

§ 102. Expenditures for newspapers.-The amount expended in any one year for newspapers, for any department, except the Department of State, including all the bureaus and offices connected therewith, shall not exceed $100, except where otherwise specifically authorized by law. But the foregoing provision shall not apply to the subscriptions to newspapers by the military information division. No executive officer, other than the heads of departments, shall apply more than $30, annually, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office. (R. S. §§ 192, 1779; Mar. 2, 1903, ch. 975, 32 Stat. 929; June 22, 1906, ch. 3514, § 7, 34 Stat. 449.)

DERIVATION

R. S. § 192 from act Aug. 26, 1842, ch. 202, § 16, 5 Stat. 526.
R. S. § 1779 from act Mar. 3, 1839, ch. 82, § 3, 5 Stat. 349.

§ 103. Expenditures for transportation of remains of deceased employees. The heads of departments shall not authorize any expenditure in connection with transportation of remains of deceased employees, except when otherwise specifically provided by law. (June 7, 1897, ch. 3, § 1, 30 Stat. 86.)

§ 103a. Remains, dependents, and effects of officers and employees dying abroad, or away from official station, transportation. -In case any civilian officer or employee of the United States dies (1) while in a travel status away from his official station in the United States or (2) while performing official duties in a Territory or possession of the United States or in a foreign country or in transit thereto or therefrom, the head of the department, independent establishment, agency, or federally owned or controlled corporation, hereinafter called department, in the service of which such officer or employee was engaged, is hereby authorized, under regulations to be prescribed by the President and except as otherwise provided by law, to pay from the appropriation available for the activity in which he was engaged

(a) In case of the death of the officer or employee in such travel status in the United States, or in the case of the death of the officer or employee while performing official duties in a Territory or possession of the United States or in a foreign country or in transit thereto or therefrom, the expenses of preparing and transporting the remains of such officer or employee to his home or official station or such other place as the head of the department concerned shall determine to be the appropriate place of interment.

(b) In case of the death of the officer or employee while performing official duties in a Territory or possession of the United

States or in a foreign country or in transit thereto or therefrom, the transportation expenses of his dependents, including expenses incurred in packing, crating, drayage, and transportation of household effects and other personal property to his former home or such other place as the head of the department shall determine. (July 8, 1940, ch. 551, § 1, 54 Stat. 743.)

EFFECTIVE DATE

Section 3 of act July 8, 1940, cited to text, provided as follows: "This Act shall become effective sixty days after its enactment."

§ 103b. Same; temporary absence from duty at time of death. -The benefits of section 103a of this title shall not be denied in any case on the ground that the deceased was temporarily absent from duty when death occurred. (July 8, 1940, ch. 551,

§ 2, 54 Stat. 744.)

EFFECTIVE DATE

Section 3 of act July 8, 1940, cited to text, provided as follows: "This Act shall become effective sixty days after its enactment."

§ 104a. Annual reports; statement of receipts from fees and charges. 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 all Acts of Congress. (June 30, 1932, ch. 314, § 313, 47 Stat. 411.)

§ 105a. Information furnished Committees of Congress on request.-Every executive department and independent establishment of the Government shall, upon request of the Committee on Expenditures in the Executive Departments of the House of Representatives, or of any seven members thereof, or upon request of the Committee on Expenditures in the Executive Departments of the Senate, or any five members thereof, furnish any information requested of it relating to any matter within the jurisdiction of said committee. (May 29, 1928, ch. 901, § 2, 45 Stat. 996.)

§ 106. Time of making annual reports.-Except where a different time is expressly prescribed by law, the various annual reports required to be submitted to Congress by the heads of departments shall be made at the commencement of each regular session, and shall embrace the transactions of the preceeding year. (R. S. § 195.)

§ 108. Manuscript of annual reports and accompanying documents.-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; manuscripts 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 avail

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