§ 26a. Repealed. June 30, 1945, ch. 212, title VI, § 604 (c), 59 Stat. 303.

Section, Act Mar. 3, 1931, ch. 396, 46 Stat. 1482, provided for Saturday half holidays.

Section was suspended by the following acts: Dec. 22, 1942, ch. 798, § 3, 56 Stat. 1069, eff. Dec. 1, 1942; May 7, 1943, ch. 93, § 6, 57 Stat. 77, set out as section 1405 of appendix to title 50; and the following executive orders: No. 8816, July 5, 1941, 6 F. R. 3265; No. 8876, Aug. 30, 1941, 6 F. R. 171; No. 9018, Jan. 12, 1942, 7

238.

F. R.

§ 29. Repealed. June 30, 1945, ch. 212, Title VI, § 604 (c), 59 Stat. 303.

Act Oct. 21, 1940, ch. 903, 54 Stat. 1205; Act June 3, 1941, ch. 168, 55 Stat. 241; Res. July 3, 1942, ch. 482, 56 Stat. 645, amended by Act Oct. 2, 1942, ch. 577, 56 Stat. 765; Res. Dec. 22, 1942, ch. 798, 56 Stat. 1068, providing for overtime compensation for all civilian employees of the United States Government, including employees of the Panama Canal Zone, expired Apr. 30, 1943.

Validation of payments in excess of maximum compensation. --Act Dec. 7, 1944, ch. 520, 58 Stat. 796, as amended Aug. 8, 1946, ch. 872, 60 Stat. 923, provided: "That employees or former employees of the United States who were in the purview of Public Law 821, Seventy-seventh Congress, approved Dec. 22, 1942 [Res. Dec. 22, 1942, ch. 798, 56 Stat. 1068, (set out as a note under this section)] which law was in effect from Dec. 1, 1942, to Apr. 30, 1943, and which limited the overtime compensation of any employee to an amount which 'will not cause his aggregate compensation to exceed a rate of $5,000 per annum', (1) are hereby relieved of liability to repay to the United States any amounts received by them for any pay period which were in excess of the maximum compensation to which they were entitled for such period under the provisions of said Public Law 821 and (2) shall be entitled to refunds of any such amounts that they have repaid to the United States: Provided, That in no case shall there be validated aggregate payment to an employee in excess of six-twelfths of $5,000."

§ 30. Leaves of absence; annual leave; sick leave.

Leave to attend funerals of deceased veterans returned to United States for burial.-Act Aug 16, 1949, ch. 441, 63 Stat. 608, provided: "That employees in the executive branch of the Government who are veterans of the Spanish-American War, World War I, or World War II may be excused from duty, without loss of pay or deduction from their annual leave, for such time as may be necessary, but not in excess of four hours in any one day, to enable them to participate as active pall-bearers or as members of firing squads or guards of honor in funeral ceremonies for members of the armed forces of the United States who lost their lives in World War II and whose remains are returned from abroad for final interment in the United States."

§ 30b-1. Same; part-time employees. -Part-time officers and employees for whom there has been established a regular tour of duty covering not less than five days in any administrative workweek shall, unless otherwise excepted, be entitled to the benefits pro rata of sections 30b and 30c-30l of this title, and section 1157 of appendix to Title 50, and such Acts are hereby amended accordingly. (Oct. 5, 1949, ch. 598, § 1, 63 Stat. 703.)

Validating prior payments. - Section 2 of Act Oct. 5, 1949, cited to text, provided that: "Any person who prior to the enactment of this Act [this section] received any amount the payment of which is authorized for the first time by this Act [this section] is hereby relieved of all liability to refund to the United States any such amount."

§ 30n-1. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948.

Section, Act Oct. 14, 1941, ch. 436, 55 Stat. 737, relating to government employees absent as witnesses in certain cases, is covered by section 1823 of new Title 28, Judiciary and Judicial Procedure.

§ 32. Repealed. Aug. 7, 1946, ch. 770, § 1 (1), 60 Stat. 866.

Section codified from Act Mar. 3, 1893, ch. 211, §5 (par. 4), 27 Stat. 715, as

amended by Act Mar. 15, 1898, ch. 68, §7, 30 Stat. 316.

§ 46. Employees in District of Columbia; payment for services.No civil officer, clerk, draughtsman, copyist, messenger, assistance messenger, mechanic, watchman, laborer, or other employee shall be employed in any of the executive departments, or subordinate bureaus or offices thereof at the seat of government, except for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services. (Aug. 5, 1882, ch. 389, § 4, 22 Stat. 255 amended Sept. 23, 1950, ch. 1010, § 7 (b), 64 Stat. -.)

1950 amendment.-Act Sept. 23, 1950, cited to text, repealed provisions of this section prohibiting employment of personal services at the seat of government unless specifically authorized in the appropriation concerned.

§ 46b. Credit disallowed for payment; withholding compensation. Hereafter, whenever upon the statement of the account of any disbursing or certifying officer of the United States in the General Accounting Office credit shall have been disallowed or a charge raised for any payment to any person in the executive branch of the Government, otherwise entitled to compensation from the United States or from any agency or instrumentality thereof, such compensation of the payee shall be withheld, in part or in whole, until full reimbursement has been accomplished under such regulations as may be prescribed by the head of the department, branch, or independent establishment (including corporations) under which such payee is entitled to receive compensation: Provided, That nothing contained in this section shall be construed to repeal or in any way modify existing laws relating to the collection of the indebtedness of accountable, certifying or disbursing officers. (May 26, 1936, ch. 452, 49 Stat. 1374, amended Aug. 3, 1950, ch. 515, 64 Stat. 393).

1950 amendment.-Act Aug. 3, 1950, cited to text, amended section to authorize heads of departments and agencies to withhold compensation due and payable to officers and employees who have received improper payments of Government funds, for which a certifying officer is held responsible.

§ 55a. Temporary employment of experts or consultants; rate of compensation. The head of any department, when authorized in an appropriation or other Act, may procure the temporary (not in excess of one year) or intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract, and in such cases such service shall be without regard to the civil-service and classification laws (but as to agencies subject to sections 661-663, 664-673, and 674 of this title at rates not in excess of the per diem equivalent of the highest rate payable under said sections, unless other rates are specifically provided in the appropriation or other law) and, except in the case of stenographic reporting services by organizations, without regard to section 5 of Title 41. (Aug. 2, 1946, ch. 744, § 15, 60 Stat. 810.)

Persons exempted from application of this section, see note under section 73a of this title.

Travel expenses of consultants or experts, see section 73b-2 of this title.

§61a-1. Employment during terminal leave from armed forces(a) Payment of pay and allowances due from armed forces in addition to regular compensation.-Any person, who, subsequent to May 1,

1940, shall have performed active service in the armed forces, may, while on terminal leave pending separation from or release from active duty in such service under honorable conditions, enter or reenter employment of the Government of the United States, its Territories or possessions, or the District of Columbia (including any corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the Government of the United States, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress), and, in addition to compensation for such employment shall be entitled to receive pay and allowances from the armed forces for the unexpired portion of such terminal leave at the same rates and to the same extent as if he had not entered or reentered such employment.

(b) Lump sum payments for accumulated or accrued leave upon entering Government service. - Any such person who, prior to November 21, 1945, entered or reentered such employment without having used all accumulated and current accrued leave to which he would have been entitled as a result of such service had he not entered or reentered such employment, shall, upon application therefor filed with the Secretary of War, the Secretary of the Navy, the Secretary of Commerce, or the Federal Security Administrator, as the case may be, be entitled to be paid a lump sum equal in amount to the pay and allowances to which he would have been entitled while on terminal leave for the unused portion of such accumulated and current accrued leave had he not entered or reentered such employment.

(c) Compensation for services rendered. - Any such person who, while on terminal leave from the armed forces, performed or shall on or after November 21, 1945 perform services for the Government of the United States, its Territories or possessions, or the District of Columbia (including any corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the Government of the United States, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress), for which he would have been entitled to be paid had he regularly become employed or reemployed in a civilian position prior to performing such services, and had he not been receiving pay and allowances from the armed forces for the period during which such services were performed, shall, if he has not otherwise been compensated for such services, be entitled, upon application therefor filed with the General Accounting Office, or, in the case of a person performing such services for a Territory or possession, filed with the appropriate agency or officer of the Government of such Territory or possession, to be paid a lump sum equal in amount to the compensation he would have received for such services had he been regularly employed or reemployed and had he not been receiving pay and allowances from the armed forces.

(d) Lump sum payments for accumulated or accrued leave upon entering State service. - Any such person who enters the employment of a State, or any political subdivision thereof, shall upon application therefor filed with the Secretary of War, the Secretary of the Navy, the Secretary of Commerce, or the Federal Security Administrator, as the case may be, be entitled to be paid a lump sum equal in amount

to the pay and allowances to which he is entitled for the unused portion of his accumulated and current accrued leave.

(e) Waiver.-No waiver effectuated prior to November 21, 1945, of any right to receive any payment to which a person would otherwise be entitled under this section shall operate to deny such person entitlement to such payment.

(f) Definitions. - As used in this section, the term "armed forces" includes the Army, Navy, Marine Corps, Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the Coast and Geodetic Survey, and their respective components. (Aug. 1, 1941, ch. 348, § 2, as added Nov. 21, 1945, ch. 489, 59 Stat. 584.)

§ 61c. Repealed. Act Aug. 3, 1950, ch. 518, § 6, 64 Stat. 396.

Section, Act Dec. 21, 1944, ch. 632, § 2, 58 Stat. 845, related to lump sum payments for accumulated or accrued annual leave upon death, and is now covered by sections 61f-61k of this title.

Effective date. - Repeal of this section as effective 120 days after Aug. 3, 1950, see note set out under section 61f of this title.

§ 61f. Settlement of accounts of deceased officers and employees; order of precedence for payment. -In order to facilitate the settlement of the accounts of deceased civilian officers and employees of the Federal Government and of the government of the District of Columbia (including wholly owned and mixed-ownership Government corporations) all unpaid compensation due such an officer or employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and such payment shall be a bar to recovery by any other person of amounts so paid:

First, to the beneficiary or beneficiaries designated by the officer or employee in writing to receive such compensation filed with the Government agency in which the officer or employee was employed at the time of his death, and received by such agency prior to the officer's or employee's death;

Second, if there be no such beneficiary, to the widow or widower of such officer, or employee;

Third, if there be no beneficiary or surviving spouse, to the child or children of such officer or employee, and descendants of deceased children, by representation;

Fourth, if none of the above, to the parents of such officer or employee, or the survivor of them;

Fifth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased officer or employee, or if there be none, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased officer or employee. (Aug. 3, 1950, ch. 518, § 1, 64 Stat. 395.)

Effective date. - Section 6 of Act Aug. 3, 1950, cited to text, provided in part that sections 61f-61k of this title and the repeal of section 61c of this title became effective 120 days after Aug. 3, 1950.

§ 61g. Same; definitions. - For the purposes of sections 61f-61k of this title the term "unpaid compensation" means the pay, salary, or allowances, or other compensation due on account of the services of the decedent for the Federal Government or the government of the District of Columbia. It shall include, but not be limited to, (1) all per diem in lieu of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in

connection therewith for which reimbursement is due; (2) all allowances upon change of official station; (3) all quarters and cost-of-living allowances and overtime or premium pay; (4) amounts due for payment of cash awards for employees' suggestions; (5) amounts due as refund of salary deductions for United States Savings bonds; (6) payment for all accumulated and current accrued annual or vacation leave equal to the compensation the decedent would have received had he remained in service until the expiration of the period of such annual or vacation leave; (7) the amounts of all checks drawn in payment of such compensation which were not delivered by the Government to the officer or employee during his lifetime or of any unnegotiated checks returned to the Government because of the death of the officer or employee. (Aug. 3, 1950, ch. 518, § 2, 64 Stat. 396.)

Effective date. -Section as effective 120 days after Aug. 3, 1950, see note set out under section 61f of this title.

§ 61h. Same; rules and regulations. - (a) Subject to such rules and regulations as may be prescribed by the Comptroller General of the United States, the employing agency shall cause the unpaid compensation to be paid to the beneficiaries, if any, designated by the officer or employee under section 61f of this title, or, if none, to the widow or widower of such officer or employee.

(b) Accounts not payable under subsection (a) of this section (with the exception of accounts of employees of the District of Columbia which shall be paid by the District of Columbia, and accounts of employees of wholly owned and mixed-ownership Government corporations which may be paid by such corporations) shall be payable on settlement of the General Accounting Office, except as the Comptroller General may by regulation otherwise authorize or direct. (Aug. 3, 1950, ch. 518, § 3, 64 Stat. 396.)

Effective date. - Section as effective 120 days after Aug. 3, 1950, see note set out under section 61f of this title.

§ 61i. Same; inapplicability of provisions to certain benefits, funds, or interest. Sections 61f-61k of this title shall not apply to any benefits, refunds, or interest payable under the Retirement Act applicable to the decedent's service or to amounts the disposition of which is otherwise expressly prescribed by Federal law. (Aug. 3, 1950, ch. 518, § 4, 64 Stat. 396.)

References in Text. - The Retirement Act referred to in the text is classified to sections 691, 693, 693-1, 698, 707, 708, 709-715, 716 to 719-1, 720-725, 727-729, 730, 731, 733, 736b, and 736c of this title.

Effective date. Section as effective 120 days after Aug. 3, 1950, see note set out under section 61f of this title.

§ 61j. Same; designation of beneficiary; change or revocation of designation. Officers and employees affected shall be notified by the employing agency of the provisions of sections 61f-61k of this title relative to the disposition of such compensation in the event no beneficiary is designated by them, and of their right to designate a beneficiary or beneficiaries in accordance with its terms if they desire a different disposition to be made thereof. Designations so made may be changed or revoked at any time under such rules and regulations as may be prescribed by the Comptroller General. (Aug. 3, 1950, ch. 518, § 5, 64 Stat. 396.)