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TITLE 5.-EXECUTIVE DEPARTMENTS AND GOVERNMENT
OFFICERS AND EMPLOYEES

Chapter 1.-PROVISIONS APPLICABLE TO DEPARTMENTS
AND OFFICERS GENERALLY

§ 22a. Delegation of powers and authority to subordinate officials.The head of any department may delegate to subordinate officials (1) the power vested in him by law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his department; (2) the authority vested in him by section 675 of title 31 to direct the purchase of articles from contingent funds; and (3) the authority vested in him by section 324 of title 44, to authorize the publication of advertisements, notices or proposals. (Aug. 2, 1946, ch. 744, § 12, 60 Stat. 809.)

§ 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 Repealed.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 F. R. 238.

§ 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 Repealed.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, 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."

§ 30n-1. Repealed. June 25, 1948, с. 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.

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§ 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,

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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.)

§ 66. Repealed. June 25, 1948, c. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section, relating to receiving a salary from source other than United States, is covered by section 1914 of new Title 18, Crimes and Criminal Procedure.

§ 73. Repealed. June 25, 1948, c. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948.

Section, relating to allowable traveling expenses, is covered by section 509 of new Title 28, Judiciary and Judicial Procedure.

§ 73a. Transportation expenses of officers and employees in privately owned vehicles and airplanes; mileage allowances; fares and tolls. Civilian officers or employees or others rendering service to the Government shall, under regulations prescribed by the President, and unless otherwise provided in the appropriation concerned or other law, and whenever such mode of transportation is authorized or approved as more advantageous to the Government, be paid in lieu of actual expenses of transportation not to exceed 2 cents per mile for the use of privately owned motorcycles or 5 cents per mile for the use of privately owned automobiles or airplanes when engaged in necessary travel on official trips from their designated posts of duty or places of service, or 2 cents per mile for the use of privately owned motorcycles or 4 cents per mile for the use of privately owned automobiles when used on official business wholly within the limits of their official stations or places of service. In addition to the mileage allowances provided for in this section, there may be allowed reimbursement for the actual cost of ferry fares and bridge, road, and tunnel tolls. (Feb. 14, 1931, ch. 165, 46 Stat. 1103, as amended Mar. 3, 1933, ch. 212, title II, § 9, 47 Stat. 1516; Apr. 25, 1940, ch. 156, 54 Stat. 167; Dec. 22, 1944, ch. 667, 58 Stat. 908; Aug. 2, 1946, ch. 744, § 3, 60 Stat. 807.)

Act Aug. 2, 1946, cited to text, added provisions authorizing allowances of two or four cents per mile for vehicles used wholly within limits of official stations, and allowing reimbursement for fares and tolls.

Act Dec. 22, 1944, cited to text, amended section by adding 'or airplane" following "owned automobile."

Act Apr. 25, 1940, cited to text, substituted a privately owned" for "his own", wherever appearing.

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Act Mar. 3, 1933, cited to the text provided as follows: "The allowance provided for travel ordered after the date of enactment of this act shall not exceed 2 cents per mile in the case of travel by motorcycle or 5 cents per mile in the case of travel by automobile.'"

Effective date.-Section 2 of act Dec. 22, 1944, cited to text, provided that amendment of section should become effective ninety days after approval by

President.

Persons exempted. - Section 19 of act Aug. 2, 1946, cited to text, provided that this section and sections 55a, 73b-1 to 73b-3, and 118h of this title, shall not apply to persons whose pay and allowances are established by sections 101-111, 112, 113118, 119 and 120 of Title 37, Pay and Allowances.

Repeals. The second sentence of section 1 of act Dec. 22, 1944, cited to text, provided that all law or parts of law were modified or repealed to the extent that they conflicted with section.

Act Feb. 14, 1931, cited to the text, provided that "This act [this section] shall take effect July 1, 1931, and all laws or parts of laws are hereby modified or repealed to the extent same may be in conflict herewith."

Insofar as the provisions of this section relating to subsistence may conflict with those of sections 821-833 of this title, they were repealed by section 829 of this title.

§ 73b. Traveling expenses limited to lowest first-class rate. - Whenever by or under authority of law actual expenses for transportation may be allowed, such allowances shall not exceed the lowest firstclass rate by the transportation facility used in such transportation unless it is certified, in accordance with regulations prescribed by the President, that lowest first-class accommodations are not available or that use of a compartment or such other accommodations as may be authorized or approved by the head of the agency concerned or such subordinates as he may designate, is required for purposes of security. (Mar. 3, 1933, ch. 212, title II, § 10, 47 Stat. 1516, as amended Aug. 2, 1946, ch. 744, § 6, 60 Stat. 808.)

Act Aug. 2, 1946, cited to text, made section applicable to expenses of transportation rather than travel, and added provisions permitting greater allowance in certain instances.

Repeal. Insofar as the provisions of this section relating to subsistence may conflict with those of sections 821-833 of this title, they were repealed by section 829 of this title.

Traveling expenses on inter-island steamships in Hawaii as limited to lowest firstclass rate on trans-Pacific steamships, see section 73e of this title.

§ 73b-1. Travel expenses of transferred employees; transportation of families, household goods and personal effects; employees excepted; reimbursement in lieu of payment; availability of funds.-(a) Under such regulations as the President may prescribe, any civilian officer or employee of the Government who, in the interest of the Government, is transferred from one official station to another, including transfer from one department to another, for permanent duty, shall, except as otherwise provided in this section, when authorized, in the order directing the travel, by such subordinate official or officials of the department concerned as the head thereof may designate for the purpose, be allowed and paid from Government funds the expenses of travel of himself and the expenses of transportation of his immediate family (or a commutation thereof in accordance with section 73a of this title) and the expenses of transportation, packing, crating, temporary storage, drayage, and unpacking of his household goods and personal effects (not to exceed seven thousand pounds if uncrated or eight thousand seven hundred and fifty pounds if crated or the equivalent thereof when transportation charges are based on cubic measurement): Provided, That advances of funds may be made to the officer or employee in accordance with said regulations under the same safeguards as are required under section 828 of this title: Provided further, That the allowances authorized in this section shall not be applicable to civilian employees of the Department of the Army and their dependents when transferred under the provisions of section 763 of Appendix to Title 50, nor to officers and employees of the Foreign Service, Department of State: Provided further, That no part of such expenses (including those of officers and employees of the Foreign Service, Department of State) shall be allowed or paid from Government funds where the transfer is made primarily for the convenience or benefit of the officer or employee or at his request : Provided further, That in case of transfer from one department to another such expenses shall be payable from the funds of the department to which the officer or employee is transferred.

(b) In lieu of the payment of actual expenses of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects, in the case of such transfers between points in continental United States, reimbursement shall be made to the officer or employee on a commuted basis (not to exceed the amount which would be allowable for the authorized weight allowance) as such rates per one hundred pounds as may be fixed by zones in regulations prescribed by the President.

(c) Funds available for travel expenses of civilian officers and employees shall also be available for the expenses of the transportation of their immediate families, and funds available for the transportation of household goods and effects, as authorized by this section. Aug. 2, 1946, things shall also be available for the transportation of household goods and effects, as authorized by this section. (Aug. 2, 1946, ch. 744, § 1, 60 Stat. 806, amended July 26, 1947, ch. 343, Title II, § 205(a), 61 Stat. 501.)

Effective date. - Section 20 of Act Aug. 2, 1946, cited to text, provided that this section shall become effective on the first day of the third calendar month following its enactment.

Change of Name. - The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of Act July 26, 1947, cited to text.

Cross References. -Funds available for transportation of baggage also available for packing, crating, and unpacking such baggage during war, see section 765 of Appendix to Title 50, War and National Defense.

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