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 Repealed.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

Section, act Mar. 3, 1931, ch. 396, 46 Stat. 1482, related to Saturday half holidays, and is now covered by section 944 of this title. 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, 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.

§ 26b. Saturday half holidays; act Mar. 3, 1931, inapplicable to certain employees of institutions under Administrator of Veterans' Affairs.

From and after March 3, 1933, the provisions of the Act of March 3, 1931, shall not apply to any employees of the Veterans' Administration Homes, Hospitals, or Combined Facilities where, in the discretion of the Administrator of Veterans' Affairs, the public interest requires that such employees should be excepted from the provisions thereof. As to those employees excepted from the provisions of the Act of March 3, 1931, seven hours shall constitute a workday on Saturday and labor in excess of four hours on Saturdays shall not entitle such employees to an equal shortening of the workday on some other day or to additional compensation therefor. (Mar. 3, 1933, ch. 212, Title II, § 11, 47 Stat. 1516.)

REFERENCES IN TEXT

Act Mar. 3. 1931, referred to in text, was act Mar. 3, 1931, ch. 396, 49 Stat. 1482, which was formerly classified to section 26a of this title and was repealed by act June 30, 1945, ch. 212, title VI, § 604 (c), 59 Stat. 303.

CROSS REFERENCES

Basic workweek, see section 944 of this title.

§ 26c. Same; act Mar. 3, 1931 inapplicable to certain employees under American Commission.

After June 16, 1937, employees paid from appropriations to the United States Section, International Boundary Commission, and engaged principally upon project construction or operation and maintenance to such extent as the same may be determined by the American Commission to be necessary, shall be excluded from the purview of the Act of March 3, 1931. (June 16, 1937, ch. 359, § 1, 50 Stat. 269.)

REFERENCES IN TEXT

Act Mar. 3, 1931, referred to in text, was act Mar. 3, 1931. ch. 396, 49 Stat. 1482, which was formerly classified to section 26a of this title and was repealed by act June 30, 1945, ch. 212, title VI, § 604 (c), 59 Stat. 303.

CROSS REFERENCES

Basic workweek, see section 944 of this title.

§ 27. Recording clocks.

No recording clocks for recording time of clerks or other employees in any of the executive departments at Washington, shall be used in any of such departments at Washington. (Feb. 24, 1899, ch. 187, § 1. 30 Stat. 864.)

§ 28. Closing department on decease of ex-official. The executive departments of the Government shall not be closed as a mark to the memory of any deceased ex-official of the United States. 1893, ch. 211, § 4, 27 Stat. 715.)

(Mar. 3.

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

Section, acts Mar. 3, 1893, ch. 211, § 5, 27 Stat. 715, and Mar. 15, 1898, ch. 68, § 7, 30 Stat. 316, related to hours of labor in the executive departments, and is now covered by section 944 of this title.

§ 29a. Repealed. Oct. 30, 1951, ch. 631, title II, § 207 (a) (1), 65 Stat. 682.

Section, act Mar. 14, 1936, ch. 140, § 2, 49 Stat. 1161, related to the issuance of regulations governing hours of labor for government employees, and is now covered by section 944 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of this section as effective on January 6, 1952 see note under section 2061 of this title.

$$ 30, 30a. Leaves of absence; annual leave; sick leave. CODIFICATION

Section 30, acts Mar. 3, 1893, ch. 211, § 5, 27 Stat. 715; Mar. 15, 1898, ch. 68, § 7, 30 Stat. 316; July 7, 1898, ch. 571, § 1, 30 Stat. 653; Feb. 24, 1899, ch. 187, § 4, 30 Stat. 890, related to annual and sick leave for government employees, and is now covered by chapter 23 of this title.

Section 30a, acts June 30, 1932, ch. 314, § 215, 47 Stat. 407; Mar. 20, 1933, ch. 3, title II, § 4 (c), 48 Stat. 14, related to reduction in time, and is now covered by chapter 23 of this title.

§ 30b. Repealed. Oct. 30, 1951, ch. 631, title II, § 207 (a) (1), 65 Stat. 682.

Section, acts Mar. 14, 1936, ch. 140, § 1, 49 Stat. 1161; Dec. 17, 1942, ch. 737, 56 Stat. 1052, which related to annual leave for government employees, is now covered by chapter 23 of this title.

EFFECTIVE DATE OF REPEAL.

Repeal of this section as effective on January 6, 1952, see note under section 2061 of this title.

§ 30b-1. Leaves of absence; part-time employees.

CODIFICATION.

Section, act Oct. 5, 1949, ch. 598, § 1, 63 Stat. 703, which provided for pro rata benefits in connection with annual and sick leave for part-time government officers and employees, is now covered by chapter 23 of this title. See, particularly, section 2064 (c) of this title.

SS 30c-30m. Repealed. Oct. 30, 1951, ch. 631, title II, § 207 (a) (1), (2), (7), 65 Stat. 682.

Sections 30c-30e, act Mar. 14, 1936, ch. 140, §§ 5-7, 49 Stat. 1161, 1162, related to annual leave for government employees outside the continental United States and for employees of corporations controlled by government, and to regulations in connection with annual leave generally, and are now covered by chapter 23 of this title.

Section 30e-1, act Aug. 31, 1951, ch. 376, title VI, § 601, 65 Stat. 291, related to maximum yearly annual leave for government employees, and is now covered by chapter 23 of this title.

Section 30f acts Mar. 14, 1936, ch. 141, § 1, 49 Stat. 1162; Sept. 26, 1950, ch. 1049, § 2 (a), 64 Stat. 1038, related to sick leave for government employees, and is now covered by chapter 23 of this title.

Sections 30g-30k, act Mar. 14, 1936, ch. 141, §§ 2, 3, 5, 6, 7, 49 Stat. 1162, related to sick leave for government employees, including employees of government-controlled corporations, and regulations in connection therewith, and are now covered by chapter 23 of this title.

Section 301, act Mar. 14, 1936, ch. 140, § 4, 49 Stat. 1161, which excepted the Postmaster General and employees in or under the Post Office Department from the provisions of former sections 29a, 30b and 30c-30e of this title is now covered by chapter 23 of this title.

Section 30m, act Mar. 14, 1936, ch. 141, § 4, 49 Stat. 1162, which excepted from the provisions of former sections 30f-30k of this title, relating to sick leave for government

employees, the Postmaster General and officers and employees in and under the Post Office Department, but included within the scope thereof such personnel in the departmental service and in the Mail Equipment Shops of such Department, is now covered by chapter 23 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of these sections as effective on January 6, 1952, see note under section 2061 of this title.

§ 30n. Absence for jury service; diminution of compensation.

The compensation of any employee of the United States or of the District of Columbia who may be called upon for jury service in any State court or court of the United States shall not be diminished during the term of such jury service by reason of such absence, except as provided in section 30p of this title, nor shall such period of service be deducted from the time allowed for any leave of absence authorized by law. (June 29, 1940, ch. 446, § 1. 54 Stat. 689.)

CROSS REFERENCES

Witnesses, expenses of officers of United States serving as, see section 1823 of Title 28, Judiciary and Judicial Procedure.

§ 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 now covered by section 1823 of Title 28, Judiciary and Judicial Procedure.

§ 300. Absence for jury service; Federal jury duty. Any employee specified in section 30n of this title who may be called upon for jury service in any court of the United States shall not receive any compensation for such service. (June 29, 1940, ch. 446, § 2, 54 Stat. 689.)

་

§ 30p. Same; credit of compensation received for jury service against compensation payable by United States.

There shall be credited against the amount of compensation payable by the United States to any employee specified in section 30n of this title for such period as such employee may be absent on account of jury service in the court of any State any amounts which such employee may receive from such State on account of such jury service. (June 29, 1940, ch. 446, § 3, 54 Stat. 689.)

§ 30q. Absence of veterans to attend funeral services of deceased veterans.

Employees in the executive branch of the Government who are veterans of any war, campaign, or expedition (for which a campaign badge has been authorized), or members of honors or ceremonial groups of organizations of such veterans 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 pallbearers or as members of firing squads or guards of honor in funeral ceremonies for members of the Armed Forces of the United States whose remains are returned from abroad for final interment in the United States. (Aug. 16, 1949, ch. 441, 63 Stat. 608; July 17, 1952, ch. 932, § 1, 66 Stat. 758.)

AMENDMENTS

1952-Act July 17, 1952, amended section to establish a general policy to allow veterans time off to attend funerals of deceased veterans of any war.

§ 30r. Reserves and National Guardsmen.

(a) Leave of absence when on active duty or engaged in field or coast defense training.

Each Reserve of the armed forces or member of the National Guard who is an officer or employee of the United States or the District of Columbia, permanent or temporary indefinite, without regard to classification or terminology peculiar to the Civil Service system (except a substitute employee in the postal field service), is entitled to leave of absence from his duties, without loss of pay, time, or efficiency rating for each day, but not more than 15 days in any calendar year, in which he is on active duty, or is engaged in field or coast defense training under sections 502-505 of Title 32. A substitute employee in the postal field service is entitled to leave of absence from his duties, without loss of pay, time, or efficiency rating, for the same purpose, on the basis of one hour of leave for each period aggregating 26 hours of work performed in the calendar year next before the calendar year in which he is ordered to that duty or training. However, he is not entitled to any leave under this section unless he has worked at least 1,040 hours during the calendar year next before that year in which he is ordered to that duty or training, and he may not be paid for more than 80 hours of leave under this section in any calendar year.

(b) Restoration of civilian position.

Each person covered by subsection (a) of this section who is ordered to active duty, or to duty under sections 502-505 of Title 32 is entitled, upon release from duty, to be restored to the position held by him when ordered to duty.

(c) Acceptance of civilian position; pay and allowances; practice before Federal departments. Any Reserve or member of the National Guard may accept any civilian position under the United States or the District of Columbia and may receive the pay incident to that employment in addition to pay and allowances as a Reserve or member of the National Guard. Membership in a reserve component of the armed forces or in the National Guard does not prevent a person from practicing his civilian profession or occupation before, or in connection with, any department of the United States.

(d) Status of Reserves and National Guardsmen when not on active duty, or when on active duty for training.

When he is not on active duty, or when he is on active duty for training, a Reserve is not considered to be an officer or employee of the United States or a person holding an office of trust or profit or discharging any official function under, or in connection with, the United States because of his appointment, oath, or status, or any duties or functions performed or pay or allowances received in that capacity. (Aug. 10, 1956, ch. 1041, § 29, 70A Stat. 632; Sept. 2, 1958, Pub. L. 85-861, § 13, 72 Stat. 1557.)

AMENDMENTS

1958 Subsec. (a) amended by Pub. L. 85-861, which inserted "(except a substitute employee in the postal field service)" following "Civil Service system", and provisions prescribing the amount of leave of absence substitute employees in the postal field service are entitled to. § 31. Monthly reports as to condition of business; extension of hours of service of employees.

It shall be the duty of the head of each executive department to require monthly reports to be made to him as to the condition of the public business in the several bureaus or offices of his department at Washington; and in each case where such reports disclose that the public business is in arrears, the head of the department in which such arrears exist shall require, as provided in section 29 of this title, an extension of the hours of service to such clerks or employees as may be necessary to bring up such arrears of public business. (Mar. 15, 1898, ch. 68, § 7, 30 Stat. 316.)

REFERENCES IN TEXT

"Section 29 of this title" referred to in text, was repealed by act June 30, 1945, ch. 212, title VI, § 604 (c), 59 Stat. 303.

S31a, 31b. Omitted.

CODIFICATION

Section 31a, act Mar. 14, 1936, ch. 140, § 3, 49 Stat. 1161, provided heads of department and independent establishments should keep records of works performed in excess of that required for the period beginning July 1, 1936, and ending Dec. 31, 1936.

Section 31b, act Mar. 2, 1940, ch. 33, 54 Stat. 38, related to days of annual and sick leave under former sections 298, 30b-30m of this title, and is now covered by section 2064 of this title.

§ 32. Repealed. Aug. 7, 1946, ch. 770, § 1 (1), 60 Stat. 866. Section, acts Mar. 3, 1893, ch. 211, § 5 (4), 27 Stat. 715; Mar. 15, 1898, ch. 68, § 7, 30 Stat. 316, related to quarterly reports as to public business conditions of each department.

§ 33. Women clerks.

Women may, in the discretion of the head of any department, be appointed to any of the clerkships therein authorized by law, upon the same requisites and conditions, and with the same compensations, as are prescribed for men. (R. S. § 165.)

DERIVATION

Act July 12. 1870, ch. 251, § 2, 16 Stat. 250. §§ 34-37a. Omitted.

CODIFICATION

Section 34, act Aug. 29, 1916, ch. 418, § 1, 39 Stat. 624, which provided for restoration to government positions of officers and enlisted men of the National Guard called into active military service, is omitted as superseded. See section 30r (b) of this title.

Section 35, R. S. § 1754; act June 18, 1929, ch. 28, § 3, 46 Stat. 21, which related to preference in appointments to honorably discharged soldiers, sailors, and marines and widows and wives thereof, is omitted as superseded. section 851 (1-3) of this title.

See

Section 35a, act June 30, 1932, ch. 314. § 218, 47 Stat. 406, which provided for preference in appointments where prospective appointee was spouse of married employee, is omitted as superseded. See section 633 (2) of this title.

Section 36, act Aug. 31, 1918, ch. 166, § 5, 40 Stat. 956, which related to employment of wives of World War soldiers and sailors, is omitted as superseded. See section 633 (2) of this title.

Section 37, act Aug. 15, 1876, ch. 287, § 3, 19 Stat. 169, relating to diminution of number of employees, is now covered by section 861 of this title.

Section 37a, act June 30, 1932, ch. 314, § 213, 47 Stat. 406, which provided for dismissal of married persons in personnel reductions, is omitted as superseded. See section 633 (2) of this title.

§ 38. Details of officers, employees, or clerks within department.

Each head of a department may, from time to time, alter the distribution among the various bureaus and offices of his department, of the clerks and other employees allowed by law, except such clerks or employees as may be required by law to be exclusively engaged upon some specific work, as he may find it necessary and proper to do, but all details hereunder shall be made by written order of the head of the department, and in no case be for a period of time exceeding one hundred and twenty days. Details so made may, on expiration, be renewed from time to time by written order of the head of the department, in each particular case, for periods of not exceeding one hundred and twenty days. (R. S. § 166; May 28, 1896, ch. 252, § 3, 29 Stat. 179.) DERIVATION

Act Mar. 3, 1853, ch. 97, § 3, 10 Stat. 211.

§ 39. Same; outside District for duty within District. It shall be unlawful to detail civil officers, clerks, or other subordinate employees who are authorized or employed under or paid from appropriations made for the Military or Naval Establishments, or any other branch of the public service outside of the District of Columbia, except those officers and employees whose details are specially provided by law, for duty in any bureau, office, or other division of any executive department in the District of Columbia, except temporary details for duty connected with their respective offices. (Aug. 5, 1882, ch. 389, § 4. 22 Stat. 255; June 22, 1906, ch. 3514, § 6, 34 Stat. 449.) § 40. Same; details for duty in Treasury Department. Nothing in section 39 of this title shall be construed to prevent the Secretary of the Treasury from detailing one officer from the Bureau of Customs for duty at the Treasury Department at Washington. (Aug. 5, 1882, ch. 389, § 1, 22 Stat. 229; Mar. 3, 1927, ch. 348, §§ 1, 3 (c), 44 Stat. 1382; Feb. 10, 1939, ch. 2, § 3901, 53 Stat. 477.)

CODIFICATION

Provisions relating to the detailing of one officer from the Special Agency Service of the Customs were omitted from section as act Mar. 3, 1927, abolished that Service and created the Bureau of Customs.

REPEALS

So much of this section as related exclusively to Internal Revenue was repealed and incorporated in section 3901 (b) of Title 26, Internal Revenue Code, 1939. Such section 3901 (b) was repealed by section 7851 of Title 26, I. R. C. 1954, and is now covered by section 7803 (b) (2) of such Title 26.

§ 41. Repealed. Aug. 4, 1949, ch. 393, § 20, 63 Stat. 561. Section, acts Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1309; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800, related to detail of Coast Guard officers by Secretary of the Treasury, and is now covered by section 632 of Title 14, Coast Guard.

EFFECTIVE DATE OF REPEAL

Repeal of section effective as of the first day of the third month after the month of approval, August 1949, see note preceding chapter 1 of Title 14, Coast Guard.

§ 42. Persons in classified service in District for service outside District.

CODIFICATION

Section, acts Mar. 3, 1917, ch. 163, § 5, 39 Stat. 1121; Mar. 3, 1921, ch. 124, § 5, 41 Stat. 1308, was taken from an appropriation act and was applicable only to the appropriations provided for therein.

§ 42a. Establishment of offices.

The officers and employees of the United States whose salaries are herein appropriated for by Act March 4, 1915 (chapter 141, 38 Stat. 997) are established and shall continue from year to year to the extent they shall be appropriated for by Congress. (Mar. 4, 1915, ch. 141, § 6, 38 Stat. 1049.)

§ 43. Employment of clerks and other employees; authority; place of service; delegation of authority to employ.

There is authorized to be employed in each executive department, independent establishment, and the municipal government of the District of Columbia, for services in the District of Columbia or elsewhere, such number of employees of the various classes recognized by the Classification Act of 1949, as may be appropriated for by Congress from year to year: Provided, That the head of any department or independent establishment may delegate to subordinates, under such regulations as he may prescribe, the power to employ such persons for duty in the field services of his department or establishment. (R. S. § 169; June 26, 1930, ch. 618, 46 Stat. 817; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972.)

DERIVATION

Act Apr. 22, 1854, ch. 52, § 1, 10 Stat. 276.

REFERENCES IN TEXT

The Classification Act of 1949, referred to in the text, is classified to chapter 21 of this title.

AMENDMENTS

1949-Act Oct. 28, 1949, amended section, substituting "Classification Act of 1949" for "Classification Act of

1923".

EMPLOYMENT OF PERSONNEL DURING NATIONAL EMERGENCY PROCLAIMED ON DEC. 16, 1950

Section 1310 of act Nov. 1, 1951, ch. 664, ch. XIII, 65 Stat. 757 as amended June 5, 1952, ch. 369, ch. XIII, § 1302, 66 Stat. 122; Sept. 1, 1954, ch. 1208, title VI, § 602, 68 Stat. 1115, provided that:

"Immediately upon the enactment of this Act [Nov. 1, 1951] and until termination of the national emergency proclaimed by the President on December 16, 1950:

"(a) The Civil Service Commission and the heads of the executive departments, agencies, and corporations shall make full use of their authority to require that initial appointments to positions in and outside the competitive civil service shall be made on other than a permanent basis in order to prevent increases in the number of permanent personnel of the Federal Government in excess of 10 per centum above the total number of permanent employees on September 1, 1950: Provided, That any position vacated by a permanent employee called to military service or transferred to a national defense agency shall not be filled except on a temporary or indefinite basis. All appointments, reinstatements, transfers, and promotions to positions subject to the

Classification Act of 1949 [chapter 21 of this title] shall be made with the condition and notice to each individual appointed, reinstated, transferred. or promoted that the classification grade of the position is subject to post-audit and correction by the appropriate departmental or agency personnel office or the Civil Service Commission.

"(b) The Civil Service Commission shall facilitate the transfer of Federal employees from nondefense to defense activities and encourage the retention of employees in defense activities, and shall provide reemployment rights for permanent employees in the activities from which such employees are transferred.

"(c) The Civil Service Commission shall make full use of its authority to prevent excessively rapid promotions in the competitive civil service and to require correction of improper allocations to higher grades of positions subject to the Classification Act of 1949, as amended [chapter 21 of this title]. No person in any executive department or agency whose position is subject to the Classification Act of 1949, as amended [chapter 21 of this title], shall be promoted or transferred to a higher grade subject to such Act chapter 21 of this title] without having served at least one year in the next lower grade: Provided, That the Civil Service Commission for positions in the competitive service and the head of the employing agency for positions outside the competitive service may by regulation provide for promotions of two grades in one year (1) to positions not higher than GS-5; (2) to positions not higher than GS-11 which are in a line of work properly classified under the Classification Act of 1949 [chapter 21 of this title] at two-grade intervals; (3) to positions in the same line of work when the employee has completed a training period under a training program approved by the Civil Service Commission for positions in the competitive service and the head of the employing agency for ing agency for positions outside the competitive service; and (4) of an employee of the agency concerned when there is no position in the normal line of promotion in the grade immediately below that of the position to be filled: Provided further, That this subsection shall not apply to any case involving an employee who is within reach for appointment to a higher grade position on a competitive civil service register, or is eligible for appointment, in accordance with a regular appointment system or procedure established prior to September 1, 1950, to a higher grade position outside the competitive Civil Service, or being advanced up to a grade level from which he had been demoted or separated because of reduction in force or being advanced to a grade level not exceeding that for which he had previously established eligibility as required by the terms hereof: Provided further, That, notwithstanding the provisions hereof, and in order to avoid undue hardship or inequity, the Civil Service Commission, when requested by the head of the agency involved, may authorize promotions in individual cases of meritorious nature.

"(d) From time to time, but at least annually, each executive department and agency shall (1) review all positions which since September 1, 1950, have been created or placed in a higher grade or level of difficulty and responsibility of work or in a higher basic pay level, (2) abolish all such positions which are found to be unnecessary, (3) with respect to such positions which are found to be necessary, make such adjustments as may be appropriate in the classification grades of those positions which are subject to the Classification Act of 1949, as amended [chapter 21 of this title], or in the basic pay levels of those positions which are subject to other pay-fixing authority. Not later than July 31 of each year each department and agency shall submit a report to the Post Office and Civil Service Committees and Appropriations Committees of the Senate and House of Representatives concerning the action taken under this paragraph, together with information comparing the total number of employees on the payroll on June 30 and their average grade and salary with similar information for the previous June 30, and each annual and supplemental budget estimate shall include a statement comparing the average grade and salary provided for in each item of appropria

tion or fund allowance therein with similar figures reported for the two previous periods.

"(e) This section does not and shall not be construed to amend or modify the Veterans' Preference Act of 1944 (Public Law 359, Seventy-eighth Congress), as amended [chapter 17 of this title]."

CROSS REFERENCES

Bureau of Indian Affairs, assistant or deputy commissioners as appointed under authority of section, see section 2a of Title 25, Indians.

§ 44. Disbursing clerks.

The disbursing clerks authorized by law in the several departments shall be appointed by the heads of the respective departments; and shall each give a bond to the United States for the faithful discharge of the duties of his office according to law in such amount as shall be directed by the Secretary of the Treasury, and with sureties to the satisfaction of the General Counsel for the Department of the Treasury; and shall from time to time renew, strengthen, and increase his official bond, as the Secretary of the Treasury may direct. Each disbursing clerk, except the disbursing clerk of the Treasury Department, must, when directed so to do by the head of the Department, superintend the building occupied by his Department. (R. S. § 176; May 10, 1934, ch. 277, § 512 (b), 48 Stat. 759.)

DERIVATION

Act Mar. 3, 1853, ch. 97, § 3, 10 Stat. 209, 211; act Mar. 3, 1855, ch. 175, § 4, 10 Stat. 669; act Mar. 3, 1873, ch. 226, § 1, 17 Stat. 485, 492.

TRANSFER OF FUNCTIONS

The function of disbursement of moneys of the United States exercised by any agency except the Departments of the Army, Navy, and Air Force, and Panama Canal was transferred to the Treasury Department and together with the Office of Disbursing Clerk of that Department, was consolidated in a Division of Disbursement at the head of which is a Chief Disbursing Officer. See Ex. Ords. No. 6166, § 4, and No. 6728 set out under section 132 of this title.

Division of Disbursement and certain other offices and agencies and their functions were consolidated into Fiscal Service of Treasury Department by 1940 Reorg. Plan No. III, § 1 (a), eff. June 30, 1940, set out under section 133t of this title.

§ 45. Repealed. Sept. 23, 1950, ch. 1010, § 7 (a), 64 Stat. 986.

Section, acts Aug. 15, 1876, ch. 287, § 5, 19 Stat. 169; Aug. 5, 1882, ch. 389, § 4, 22 Stat. 255, related to employment of officers, clerks, and employees in Washington, D. C.

§ 46. Employees in District of Columbia; payment for services.

No civil officer, clerk, draughtsman, copyist, messenger, assistant 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. 15, 1876, ch. 287, § 5, 19 Stat. 169; Aug. 5, 1882, ch. 389, § 4, 22 Stat. 255; Sept. 23, 1950, ch. 1010, § 7 (b), 64 Stat. 986.)

AMENDMENTS

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

CROSS REFERENCES

Provisions relating to compensation, see chapter 21 of this title.

§ 46a. Removal of employees for cause; withholding pay.

From and after February 24, 1931, there shall be no withholding or confiscation of the earned pay, salary, or emolument of any civil employee of the United States removed for cause: Provided, That if at the time of such removal any such employee is indebted to the United States any salary, pay, or emolument accruing to such employee coming within the provisions of this section shall be applied in whole or in part to the satisfaction of any claim or indebtedness due to the United States. (Feb. 24, 1931, ch. 287. 46 Stat. 1415.)

§ 46b. Credit disallowed for payment; withholding compensation.

On and after May 26, 1936, 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; Aug. 3, 1950, ch. 515, 64 Stat. 393.)

AMENDMENTS

1950-Act Aug. 3, 1950, 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.

TRANSFER OF FUNCTIONS

The function of disbursement of moneys of the United States exercised by any agency except Departments of the Army, Navy, and Air Force, and Panama Canal was transferred to the Treasury Department and, together with the Office of Disbursing Clerk of that Department, was consolidated in a Division of Disbursement at the head of which is a Chief Disbursing Officer. See Ex. Ords. No. 6166, § 4. and No. 6728 set out in note to section 132 of this title. Division of Disbursement and certain other offices and agencies and their functions were consolidated into Fiscal Service of Treasury Department by 1940 Reorg. Plan No. III, § 1 (a), eff. June 30, 1940, set out in note under section 133t of this title.

§ 46c. Wages or salaries subject to Social Security tax. Appropriations and funds made available by any Act for salaries, wages, or compensation shall also be