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§ 30i. Same; employees outside continental United States; leave differential.-Nothing in sections 30f-30k and 30m of this title shall be construed to prevent the continuance of any existing leave differential now obtaining for the benefit of employees of the Federal Government stationed outside of the continental limits of the United States. (Mar. 14, 1936, ch. 141, § 5, 49 Stat. 1162.)

CROSS REFERENCES Exemption of certain corporations under supervision of Farm Credit Administration, see section 6401 (c) of Title 12, Banks and Banking:

Sick leave as including only work days exclusive of Sundays and holidays, see section 31b of this title.

$ 30j. Same; employees of corporation controlled by Government.-The 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, whether or not the employees thereof are paid from funds appropriated by Congress, shall be included within the provisions of sections 30f-30k and 30m of this title. (Mar. 14, 1936, ch. 141, § 6, 49 Stat. 1162.)

CROSS REFERENCES Exemption of certain corporations under supervision of Farm Credit Administration, see section 6401 (c) of Title 12, Banks and Banking.

Sick leave as including only work days exclusive of Sundays and holidays, see section 31b of this title.

§ 30k. Same; regulations by President. The leave of absence provided for in sections 30f-30k and 30m of this title shall be administered under such regulations as the President may prescribe, so as to obtain, so far as practicable, uniformity in the application of said sections. (Mar. 14, 1936, ch. 141, § 7, 49 Stat. 1162.)

REGULATIONS By Executive Orders Nos. 7845, 7846, promulgated March 21, 1938, the President prescribed regulations for annual leaves and sick leaves of government employees. 3 Fed. Reg. 715, 717. These Executive orders were amended by Executive Orders Nos. 7879, 7880, respectively, promulgated May 9, 1938, 3 Fed. Reg. 1075.

$ 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, § i, 54 Stat. 689.)

CROSS REFERENCE Witnesses, expenses of officers of United States serving as, see section 604 of Title 28, Judicial Code and Judiciary.

§ 30n-1. Absence as witness in certain cases; loss of salary.From and after the passage of this section employees of the Government of the United States in active service who are called upon to serve as witnesses on behalf of the District of Columbia

in any court proceeding in which the government of the District of Columbia may be a party and employees of the government of the District of Columbia who are called upon to serve as witnesses on behalf of the United States or the District of Columbia in any court proceeding in which the Government of the United States or the government of the District of Columbia may be a party, shall not be paid witness fees for such service, but the period of such service shall be without loss of salary or compensation and shall not be deducted from any leave of absence with pay authorized by law. (Oct. 14, 1941, ch. 436, 55 Stat. 737.)

§ 300. Same; jury service in United States courts.--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.)

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.)

§ 31b. Annual leave and sick leave as including only work days. - The days of annual leave with pay provided for in sections 29a, 306-30e, 301, 31a of this title, and the days of sick leave with pay provided for in sections 30f-30k, 30m of this title, shall mean days upon which employees would otherwise work and receive pay, and shall be exclusive of Sundays which do not occur within a regular tour of duty, holidays, and all nonwork days established by Federal statute or by Executive or administrative order. (Mar. 2, 1940, ch. 33, 54 Stat. 38.)

§ 32. Quarterly reports as to condition of business. It shall be the duty of the head of each executive department, or other Government establishment at the seat of government, not under an executive department, to make at the expiration of each quarter of the fiscal year a written report to the President as to the condition of the public business in his executive department or Government establishment, and whether any branch thereof is in arrears. (Mar. 15, 1898, ch. 68, $ 7,30 Stat. 316.)

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§ 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.

§ 35. Preference in appointments to honorably discharged soldiers, sailors, and marines, and widows and wives thereof.Persons honorably discharged from the military or naval service by reason of disability resulting from wounds or sickness incurred in the line of duty, shall be preferred for appointments to civil offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices. In making appointments to clerical and other positions in the executive branch of the Government in the District of Columbia or elsewhere preference shall be given to honorably discharged soldiers, sailors, and marines, and widows of such and to the wives of injured soldiers, sailors, and marines who themselves are not qualified, but whose wives are qualified to hold such positions. (R. S. § 1754; July 11, 1919, ch, 6, § 1, 41 Stat. 37; June 18, 1929, ch. 28, $$ 3, 21, 46 Stat. 21, 26.)

DERIVATION Resolution, Mar. 3, 1865, No. 27, § 1, 13 Stat. 571.

CODIFICATION First sentence is based upon R. S. § 1754; second sentence is from act March 3, 1919, cited to text, as amended by act July 11, 1919, cited to text, and repealed by act June 18, 1929, § 21, cited to text; third sentence is from act June 18, 1929, cited to text.

$ 35a. Preference in appointments; spouse of married employee. -In the appointment of persons to the classified civil service, preference shall be given to persons other than married persons livii with husband or wife, such husband or wife being in the service of the United States or the District of Columbia. (June 30, 1932, ch. 314, § 213, 47 Stat. 406.)

CROSS REFERENCE Marital status as ground for discrimination in civil service, see section 633 (2), paragraph 6, of this title.

§ 36. Employment of wives of soldiers and sailors.—The wife of a soldier or sailor who served in the World War shall not be disqualified for any position or appointment under the Government because she is a married woman. (Aug. 31, 1918, ch. 166, § 5, 40 Stat. 956.)

§ 37. Diminution of number of clerks.—In making any reduction of force in any of the executive departments, the head of such department shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the United States, and the widows and orphans of deceased soldiers and sailors. (Aug. 15, 1876, ch. 287, § 3, 19 Stat. 169.)

§ 372. Personnel reductions; married persons. In any reduction of personnel in any branch or service of the United States Government or the District of Columbia, married persons (living with husband or wife) employed in the class to be reduced, shall be dismissed before any other persons employed in such class are dismissed, if such husband or wife is also in the service of the United States or the District of Columbia. (June 30, 1932, ch. 314, $ 213, 47 Stat. 406.)

CROSS REFERENCE Persons not to be discriminated against in classified civil service because of marital status, see section 633 (2), paragraph (6) 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.)

$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 sections 661-663, 664-673, and 674 of this title, 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.)

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

§ 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 disburseing 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 War Department, Navy Department, 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 Executive Order No. 6166, § 4, and Executive Order 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 Reorganization Plan No. III, § 1 (a), effective June 30, 1940, set out in note under section 133t of this title.

§ 45. Officers, clerks, and employees.--No civil officer, clerk, agent, draughtsman, copyist, messenger, assistant messenger, mechanic, engineer, 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 as otherwise provided. (Aug. 15, 1876, ch. 287, § 5, 19 Stat. 169; Aug. 5, 1882, ch. 389, § 4, 22 Stat. 255.)

§ 46. Payment for services from appropriations for contingent expenses or for specific or general purposes.—No civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall be employed at the seat of government in any executive department or subordinate bureau or office thereof or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only 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.)

§ 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

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