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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, 1937, ch. 287, 46 Stat. 1415.)

§ 46b. Credit disallowed for payment; withholding compensation.—After May 26, 1936, whenever upon the statement of the account of any disbursing officer of the United States in the General Accounting Office credit shall have been disallowed for any payment to any person in the executive branch of the Gov. ernment, otherwise entitled to compensation from the United States or from any agency or instrumentality thereof, such compensation of the payee may be withheld 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 laws existing on May 26, 1936, relating to the collection of the indebtedness of accountable or disbursing officers. (May 26, 1936, ch, 452, 49 Stat. 1374.)

8 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, 35, 37 Stat. 414.)

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

8 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.)

EFFECTIVE DATE AND REPEAL Section 2 of act April 23, 1930, cited to text, provided as follows: "This Act 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 de partment 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. (R. S. § 189.)

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

$ 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 Mar. 3, 1853, ch. 97, § 3, 10 Stat. 211; act June 17, 1844, ch. 105, § 1, 5 Stat. 687; Resolution 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.

8 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

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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.Except as otherwise provided in section 53 of Title 31, no part of any money appropriated in any Act shall be used for compensation or payment of expenses of accountants or other experts inaugurating new or changing old methods of transacting the business of the United States or the District of Columbia, unless authority for employment of such services or payment of such expenses is stated in specific terms in the Act making provision therefor and the rate of compensation for such services or expenses is specifically fixed therein, or be used for compensation of or expenses for persons, aiding or assisting such accountants or other experts, unless the rate of compensation of or expenses for such assistants is fixed by officers or employees of the United States or District of Columbia having authority to do so, and such rates of compensation or expenses so fixed shall be paid only to the person so employed. (Apr. 6, 1914, ch. 52, 85, 38 Stat. 335.)

8 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) hereof, 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. C69; July 11, 1940, ch. 580, 54 Stat. 751.)

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

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

8 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 i 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.

§ 58. Double salaries.—Unless otherwise specifically authorized by law, 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. (May 10, 1916, ch. 117, § 6, 39 Stat. 120; Aug. 29, 1916, ch. 417, 39 Stat. 582.)

8 59. Same; exceptions; retired officers and enlisted men of Army, Navy, Marine Corps, or Coast Guard, or officers and enlisted men of militia.-Section 58 of this title shall not apply to retired officers or enlisted men of the Army, Navy, Marine Corps, or Coast Guard, or to officers and enlisted men of_the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia. (May 10, 1916, ch. 117, § 6, 39 Stat. 120; Aug. 29, 1916, ch, 417, 39 Stat. 582.)

§ 59a. Same; limitation of amount of retired pay as commissioned officer in Army, Navy, 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 of compensation from such civilian office or position, makes the total rate from both sources more than $3,000; and when the retired pay amounts to or exceeds the rate of $3,000 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 $3,000: Provided, That this section shall not apply to regular or emergency commissioned officers retired for disability incurred in combat with an enemy of the United States or for disabilities resulting from an explosion of an instrumentality of war in line of duty during an enlistment or employment as provided in Veterans Regulation Numbered 1 (a), part I, paragraph I. (June 30, 1932, ch. 314, § 212, 47 Stat. 406; July 15, 1940, ch. 626, § 3, 54 Stat. 761.)

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

8 61a. Pay or credit for accumulated leave of employees 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, as amended Apr. 7, 1942, ch. 220, 56 Stat. 200.)


1942—Act April 7, 1942, cited to text, amended section in its entirety.

8 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, of June 23, 1943, 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 employee would have received had he remained in the service until the expiration of the period of such annual or vacation leave: Provided, That if such employee is reemployed in the Federal service or in or under the government of the District of Columbia under the same leave system 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, and the amount of leave represented by such refund shall be credited to him in the employing agency. In the case of reemployment in the Federal service the sum so refunded shall be covered into the Treasury as “Miscellaneous Receipts," and in case of reemployment in or under the government of the District of Columbia the sum so refunded shall be covered into the Treasury to the credit of the District of Columbia: Provided further, that the lump-sum payment herein authorized shall not be regarded, except for purposes of taxation, as salary or compensation and shall not be subject to retirement deductions. (Dec. 21, 1944, ch. 632, § 1, 58 Stat. 845.)

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