available for payment of any tax with respect thereto which is imposed on any department, agency, corporation, or other instrumentality of the United States, as an employer, by the provisions of the Social Security Act Amendments of 1950. (July 15, 1952, ch. 758, ch. XIV, § 1410, 66 Stat. 661.)

REFERENCES IN TEXT

The Social Security Act Amendments of 1950, referred to in text, is act Aug. 28, 1950, ch. 809, 64 Stat. 477, which was classified generally to chapter 7 of Title 42, The Public Health and Welfare and chapter 9 of Title 26, Internal Revenue Code of 1939. For distribution see Tables Volume.

§ 46d. Collection of indebtedness of personnel resulting from erroneous payments.

When it is determined by the Secretary of the department concerned or the head of the agency or independent establishment concerned, or one of their designees, that an employee of the United States or any member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, or a reserve component thereof, is indebted to the United States as the result of any erroneous payment made by the department, agency, or independent establishment concerned to or on behalf of any such person, the amount of the indebtedness may be collected in monthly installments, or at officially established regular pay period intervals, by deduction in reasonable amounts from the current pay account of such person. The deductions may be made only from basic compensation, basic pay, special pay, and incentive pay, retired pay, retainer pay, or in the case of persons not entitled to basic pay, other authorized pay. Collection shall be effected over a period not greater than the anticipated period of active duty or period of employment, as the case may be. The amount deducted for any period shall not exceed an amount equal to two-thirds of the pay from which the deduction is made, unless the deduction of a greater amount is necessary to effect collection within the period or anticipated period of active duty or employment. If such individual retires, resigns, or his employment or period of active duty is otherwise terminated before such adjustment has been completed, adjustment shall be made by decreasing subsequent payments, of whatever nature, due such person by the department, agency, or independent establishment concerr d. Nothing in this section shall modify any existing law which provides for forfeiture of pay or allowances. (July 15, 1954, ch. 509, § 1, 68 Stat. 482.)

EFFECT ON OTHER LAWS

Section 4 of act July 15, 1954, provided that: "Nothing contained in this Act [this section, section 46e of this title, and section 581d of Title 31] shall be construed as repealing, amending, or modifying in any way the provisions of the Act of May 22, 1928 (ch. 676, 45 Stat. 698)." Such act May 22, 1928 was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641, and is now covered by sections 4837 and 9837 of Title 10, Armed Forces.

§ 46e. Same; regulations.

Each Secretary of a department, or head of an agency or independent establishment, as appropriate, shall prescribe regulations to carry out the purposes of section 46d of this title and section 581d of Title 31. Such regulations shall be approved by

Regula

the Director of the Bureau of the Budget. tions prescribed by the Secretaries of the Army, Navy, and Air Force shall be uniform for the military services insofar as practicable. (July 15, 1954, ch. 509, § 2, 68 Stat. 483.)

§ 47. Penalty for violations of sections 45 and 46 of this title.

Any person violating the provisions of sections 45 and 46 of this title shall be summarily removed from office, and may also upon conviction thereof be punished by a fine of not more than $1,000 or by imprisonment for not more than one year. (Aug. 23, 1912, ch. 350, § 5, 37 Stat. 414.)

§ 47a. Retirement of Federal personnel; uniform date; classes affected; computation of retired pay or allowances.

Retirement authorized by law of Federal personnel of whatever class, civil, military, naval, judicial, legislative, or otherwise, and for whatever cause retired, shall take effect on the first day of the month following the month in which said retirement would otherwise be effective, and said first day of the month for retirements made after July 1, 1930, shall be for all purposes in lieu of such date for retirement as was on April 23, 1930, authorized; except that the rate of active or retired pay or allowance shall be computed as of the date retirement would have occurred if this section had not been enacted. (Apr. 23, 1930, ch. 209, § 1, 46 Stat. 253; Sept. 2, 1958, Pub. L. 85-861, § 36A, 72 Stat. 1570.)

AMENDMENTS

1958-Pub. L. 85-861 amended section by repealing act Aug. 2, 1956, ch. 876, 70 Stat. 933, formerly classified to this section, which added former subsec. (b), relating to the effective date of retirement or placement of name on temporary disability retired list. See section 1221 of Title 10, Armed Forces.

EFFECTIVE DATE; REPEAL OF INCONSISTENT LAWS

Section 2 of act of Apr. 23, 1930, provided as follows: "This Act [this section] shall become effective July 1, 1930. All laws or parts of laws, insofar as in conflict herewith, are repealed."

§ 48. Legal assistance in examination of witnesses. Whenever any head of a department or bureau having made application pursuant to section 94 of this title, for a subpoena to procure the attendance of a witness to be examined, is of opinion that the interests of the United States require the attendance of counsel at the examination, or require legal investigation of any claim pending in his department or bureau, he shall give notice thereof to the Attorney General and of all facts necessary to enable the Attorney General to furnish proper professional service in attending such examination, or making such investigation, and it shall be the duty of the Attorney General to provide for such service. (R. S. § 187.)

DERIVATION

Act Feb. 14, 1871, ch. 51, § 3, 16 Stat. 412.

§ 49. Employment of attorneys or counsel.

No head of a department shall employ attorneys or counsel at the expense of the United States; but when in need of counsel or advice, shall call upon the Department of Justice, the officers of which shall attend to the same. This section does not apply to the employment of counsel under section 1037 of Title 10. (R. S. § 189; Sept. 2, 1958, Pub. L. 85-861, § 7 (a), 72 Stat. 1555.)

DERIVATION

Act June 22, 1870, ch. 150, 16 Stat. 164.

AMENDMENTS

1958-Pub. L. 85-861 amended section to make it inapplicable to the employment of counsel under section 1037 of Title 10.

§ 50. Disposition of moneys accruing from lapsed salaries or unused appropriations for salaries. All moneys accruing from lapsed salaries, or from unused appropriations for salaries, shall be covered into the Treasury. Any person violating the provisions of this section shall be summarily removed from office, and may also upon conviction thereof be punished by a fine of not more than $1,000 or by imprisonment for not more than one year. (Aug. 5, 1882, ch. 389, § 4, 22 Stat. 255; Aug. 23, 1912, ch. 350, § 5, 37 Stat. 414.)

CROSS REFERENCES

Removals from classified civil service only for cause, see section 652 of this title.

§ 51. Extra compensation to clerks.

No money shall be paid to any clerk employed in any department at an annual salary, as compensation for extra services, unless expressly authorized by law. (R. S. § 170.)

DERIVATION

Act June 17, 1844, ch. 105, § 1, 5 Stat. 687; act Mar. 3, 1853, ch. 97, § 3, 10 Stat. 211; Res. Feb. 28, 1867, No. 30, § 2, 14 Stat. 569.

§ 52. Unauthorized office, no salary for.

No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, military, or naval, as salary, in any office when the office is not authorized by some previously existing law, unless such office is subsequently sanctioned by law. (R. S. § 1760.)

DERIVATION

Act Feb. 9, 1863, ch. 25, § 2, 12 Stat. 646.

§ 53. Detective agency employees not to be employed. No employee of the Pinkerton Detective Agency, or similar agency, shall be employed in any Government service or by any officer of the District of Columbia. (Mar. 3, 1893, ch. 208, 27 Stat. 591.)

§ 54. Publicity experts not to be employed without specific appropriation.

No money appropriated by any act shall be used for the compensation of any publicity expert unless specifically appropriated for that purpose. (Oct. 22, 1913, ch. 32, § 1, 38 Stat. 212.)

§ 55. Experts; compensated without specific provision for.

CODIFICATION

Section, act Apr. 6, 1914, ch. 52, § 5, 38 Stat. 335, is omitted as superseded by section 55a of this title. Act June 24, 1948, ch. 632, § 6, 62 Stat. 668, states that such section 55a supersedes the provisions of this section.

§ 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 the Classification Act of 1949 at rates not in excess of the per diem equivalent of the highest rate payable under such Act, 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; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972.)

REFERENCES IN TEXT

The civil-service laws, referred to in the text, are classified generally to this title.

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".

CROSS REFERENCES

Employment of experts or consultants by Governor of the Canal Zone, see section 6b (e) of Title 41, Public Contracts.

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

§ 56. Salaries to certain recess appointees.

No money shall be paid from the Treasury, as salary, to any person appointed during the recess of the Senate, to fill a vacancy in any existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been confirmed by the Senate. The provisions of this section shall not apply (a) if the vacancy arose within thirty days prior to the termination of the session of the Senate; or (b) if, at the time of the termination of the session of the Senate, a nomination for such office, other than the nomination of a person appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or (c) if a nomination for such office was rejected by the Senate within thirty days prior to the termination of the session and a person other than the one whose nomination was rejected thereafter receives a recess commission: Provided, That a nomination to fill such vacancy under (a), (b), or (c) of this section, shall be submitted to the Senate not later than forty days after the commencement of the next succeeding session of

the Senate. (R. S. § 1761; June 7, 1924, ch. 377, 43 Stat. 669; July 11, 1940, ch. 580, 54 Stat. 751.)

DERIVATION

Act Feb. 9, 1863, ch. 25, § 2, 12 Stat. 646.

AMENDMENTS

1940-Act July 11, 1940, omitted provision covering appointment of original members of Board of Tax Appeals and added last sentence of section.

§ 57. Apportionment of compensation.

Collectors and all other officers of the customs, serving for a less period than a year, shall not be paid for the entire year, but shall be allowed in no case a greater than a pro rata of the maximum compensation of such officers respectively for the time only which they actually serve as such collectors or officers, whether the same be under one or more appointments, or before or after confirmation. And no collector or other officer shall, in any case, receive for his services, either as fees, salary, fines, penalties, forfeitures, or otherwise, for the time he may be in service, beyond the maximum pro rata rate, provided by law. This section shall be applied and enforced in regard to all officers, agents, and employees of the United States whomsoever, as well' those whose compensation is determined by a commission on disbursements, not to exceed an annual maximum, as those paid by salary or otherwise. (R. S. § 2687.)

DERIVATION

Act Feb. 11, 1846, ch. 7, § 1, 9 Stat. 3; act July 18, 1866, ch. 201, § 34, 14 Stat. 186.

CROSS REFERENCES

Permanent organization in Bureau of Customs with definite terms of service and compensation for employees, see sections 281-281b of this title.

§§ 58, 59. Omitted.

CODIFICATION

Section 58, R. S. § 1763; acts May 10, 1916, ch. 117, § 6, 39 Stat. 120; Aug. 29, 1916, ch. 417, 39 Stat. 582, which provided that no money appropriated by any act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, is omitted as superseded. See section 62 of this title.

Section 59, acts May 10, 1916, ch. 117, § 6, 39 Stat. 120; Aug. 29, 1916, ch. 417, 39 Stat. 582, which excepted certain personnel of the Army, Navy, Air Force, Marine Corps, and Coast Guard from the provisions of former section 58 of this title, is omitted. See section 62 of this title.

§ 59a. Limitation of amount of retired pay as commissioned officer in Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service.

(a) After June 30, 1932, no person holding a civilian office or position, appointive or elective, under the United States Government or the municipal government of the District of Columbia or under any corporation, the majority of the stock of which is owned by the United States, shall be entitled, during the period of such incumbency, to retired pay from the United States for or on account of services as a commissioned officer in any of the services mentioned in title 37, at a rate in excess of an amount which when combined with the annual rate

'So in original. Probably should insert "as."

of compensation from such civilian office or position, makes the total rate from both sources more than $10,000; and when the retired pay amounts to or exceeds the rate of $10,000 per annum such person shall be entitled to the pay of the civilian office or position or the retired pay, whichever he may elect. As used in this section, the term "retired pay" shall be construed to include credits for all service that lawfully may enter into the computation thereof.

(b) This section shall not apply to any person whose retired pay, plus civilian pay, amounts to less than $10,000: Provided, That this section shall not apply to any regular or emergency commissioned officer retired for disability (1) incurred in combat with an enemy of the United States, or (2) caused by an instrumentality of war and incurred in line of duty during a period of war (as that term is used in chapter 11 of Title 38). (June 30, 1932, ch. 314, § 212, 47 Stat. 406; July 15, 1940, ch. 626, § 3, 54 Stat. 761; Feb. 20, 1954, ch. 13, § 1, 68 Stat. 18; Aug. 4, 1955, ch. 561, § 2, 69 Stat. 498; June 17, 1957, Pub. L. 85-86, title XXII, § 2201 (11), 71 Stat. 158; Sept. 2, 1958, Pub. L. 85-857, § 13 (d), 72 Stat. 1264.)

REFERENCES IN TEXT

"Any of the services mentioned in Title 37", referred to in subsec. (a), was, in the original, “any of the services mentioned in the Pay Adjustment Act of 1922 [U. S. C., Title 37]." The Pay Adjustment Act of 1922 was repealed by act June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942, and is now covered by the Career Compensation Act of 1949, chapter 4 of Title 37, Pay and Allowances. The Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey and Public Health Service are the services mentioned in chapter 4 of Title 37.

AMENDMENTS

1958 Subsec. (b) amended by Pub. L. 85-857, which substituted "chapter 11 of Title 38" for "title III of the Veterans' Benefits Act of 1957".

1957-Subsec. (b) amended by Pub. L. 85-56, which substituted "a period of war (as that term is used in title III of the Veterans' Benefits Act of 1957)" for "an enlistment or employment as provided in Veterans Regulation Numbered 1 (a), part I paragraph I".

1955-Act Aug. 4, 1955, amended section to increase the ceiling on retired pay plus civilian pay from $3,000 to $10,000.

1954 Subsec. (b) amended by act Feb. 20, 1954, which removed from the proviso the requirement that the instrumentality of war must have exploded before the disabled officer is exempt from the limitations of the section.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment of section by Pub. L. 85-857 as effective January 1, 1959, see section 2 of Pub. L. 85-857, set out as a note preceding Part I of Title 38, Veterans' Benefits. EFFECTIVE DATE OF 1957 AMENDMENT

Amendment of section by Pub. L. 85-56 as effective January 1, 1958, see section 2301 of Pub. L. 85-56, 71 Stat. 172.

EFFECTIVE DATE OF 1954 AMENDMENT

Section 2 of act Feb. 20, 1954, provided that the amendment made to this section by the first section of such act should take effect as of January 1, 1951.

CROSS REFERENCES

Civil War Centennial Commission, appointment of retired officers, see section 748 of Title 36, Patriotic Societies and Observances.

Pay of retired Army and Navy officers performing services for National Advisory Committee for Aeronautics, see section 156 of Title 50, War and National Defense.

Section 59a of this title shall not apply to retired military personnel on duty at the United States Soldiers' Home. (Pub. L. 85-724, title III, § 301, Aug. 22, 1958, 72 Stat. 714.)

SIMILAR PROVISIONS

Section is from the Department of Defense Appropriation Act, 1959, Pub. L. 85-724. Similar provisions were contained in the following prior acts:

1957-Aug. 2, 1957, Pub. L. 85-117, title II, § 301, 71 Stat. 313.

1956 July 2, 1956, ch. 488, title III, § 301, 70 Stat. 456. 1955-July 13, 1955, ch. 358, title III, § 301, 69 Stat. 303. 1954-June 30, 1954, ch. 432, title IV, § 401, 68 Stat. 339. 1953-Aug. 1, 1953, ch. 305, title III, § 301, 67 Stat. 338. 1952-July 10, 1952, ch. 630, title III, § 301, 66 Stat. 520. 1951-Oct. 18, 1951, ch. 512, title III, § 301, 65 Stat. 427. 1950-Sept. 6, 1950, ch. 896, ch. X, title III, § 301, 64 Stat. 733.

1949-Oct. 29, 1949, ch. 787, title III, § 301, 63 Stat. 989. 1948 June 24, 1948, ch. 632, § 1, 62 Stat. 650. 1947-July 30, 1947, ch. 357, title I, § 1, 61 Stat. 552. 1946-July 16, 1946, ch. 583, § 1, 60 Stat. 543. 1945-July 3, 1945, ch. 265, § 1, 59 Stat. 386. 1944-June 28, 1944, ch. 303, § 1, 58 Stat. 575.

§ 59c. Same; restriction on payment of retired pay to retired officers of Army, Navy, Marine Corps, Air Force, Coast Guard, Coast and Geodetic Survey, and Public Health Service engaged in selling war materials to Government; time limitation.

No payment shall be made from appropriations in any Act to any officer on the retired lists of the Regular Army, Regular Navy, Regular Marine Corps, Regular Air Force, Regular Coast Guard, Coast and Geodetic Survey, and Public Health Service for a period of two years after retirement who for himself or for others is engaged in the selling of or contracting for the sale of or negotiating for the sale of to any agency of the Department of Defense, the Coast Guard, the Coast and Geodetic Survey, and the Public Health Service any supplies or war materials. (Aug. 7, 1953, ch. 340, ch. XIII, title I, § 1309, 67 Stat. 437.)

§ 60. Same; exceptions; employees of Library of Congress.

No additional compensation paid to employees of the Library of Congress who perform special functions for the performance of which funds have been entrusted to the Library of Congress Trust Fund Board or the Librarian of Congress, or in connection with cooperative undertakings in which the Library of Congress is engaged, shall be construed as a double salary under the provisions of section 58 of this title. (Mar. 3, 1925, ch. 423, § 6, 43 Stat. 1108; Jan. 27, 1926, ch. 6, § 2, 44 Stat. 2.)

CROSS REFERENCES

Compensation of Library of Congress employees, see section 162 of Title 2, The Congress.

§ 61. Same; school teachers and employees in District of Columbia.

CODIFICATION

Section, acts Oct. 6, 1917, ch. 79, § 9, 40 Stat. 384; July 8, 1918, ch. 139, § 1, 40 Stat. 823; June 5, 1920, ch. 253, § 1, 41 Stat. 1017, which related to salaries of school teachers and employees in the District of Columbia, was omitted, and is now covered by D. C. Code, § 31-631.

21325 0-59-vol. 1-12

ployees ordered to active military or naval duty. Employees of the United States Government, its Territories or possessions, or the District of Columbia (including employees of any corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the United States Government, or any corporation, all the stock of which is owned or controlled by the United States Government, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress), who, subsequent to May 1, 1940, shall have entered upon active military or naval service in the land or naval forces of the United States by voluntary enlistment or otherwise, shall be entitled to receive, in addition to their military pay, compensation in their civilian positions covering their accumulated or current accrued leave, or to elect to have such leave remain to their credit until their return from active military or naval service. (Aug. 1, 1941, ch. 348, 55 Stat. 616; Apr. 7, 1942, ch. 220, 56 Stat. 200.) AMENDMENTS

1942-Act Apr. 7, 1942, amended section generally.

§ 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 the Army, the Secretary of the Navy, the Secretary of the Air Force, 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 the Army, the Secretary of the Navy, the Secretary of the Air Force, 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, Air Force, 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.)

CODIFICATION

The Department of the Air Force was inserted under the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. 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 such act July 26, 1947. Sections 205 (a) and 207 (a), (f) of act July 26, 1947 were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956 enacted "Title 10, Armed Forces", which in sections 3011-3013 and 8011

8013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631, set out as a note under section 623 of this title. The Federal Sewere curity Agency and the office of Administrator abolished by section 8 of 1953 Reorg. Plan No. 1. The functions of all other officers of the Department of Commerce and all functions of all agencies and employees of such Department, were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of this title. The Coast and Geodetic Survey, referred to in this section, is an agency within the Department of Commerce.

§ 61b. Lump sum payments for accumulated or accrued annual leave upon separation from service; amount; reemployment in service; payment as salary.

Whenever any civilian officer or employee of the Federal Government or the government of the District of Columbia is separated from the service or elects to be paid compensation for leave in accordance with section 61a of this title or section 1474 of Appendix to Title 50, he shall be paid compensation in a lump sum for all accumulated and current accrued annual or vacation leave to which he is entitled under existing law. Such lump-sum payment shall equal the compensation that such officer or employee would have received had he remained in the service until the expiration of the period of such annual or vacation leave, except that after August 31, 1953, no such lump-sum payment shall exceed compensation for any period of such leave in excess of thirty days or the number of days carried over to his credit at the beginning of the leave year in which entitlement to payment occurs, whichever is the greater. If such officer or employee is reemployed (other than in a position exempted from the Annual and Sick Leave Act of 1951 under section 2061 (b) (1) (B), (C), or (H) of this title) in the Federal service or in or under the government of the District of Columbia prior to the expiration of the period covered by such leave payment, he shall refund to the employing agency an amount equal to the compensation covering the period between the date of reemployment and the expiration of such leave period. The leave represented by any such refund—

(1) in the case of an officer or employee reemployed under the same leave system, shall be recredited to him in the employing agency in an amount equal to the amount represented by the refund;

(2) in the case of an officer or employee reemployed under a different leave system, shall be recredited to him in the employing agency on an adjusted basis in accordance with regulations to be prescribed by the Civil Service Commission; and