Gambar halaman
PDF
ePub

§ 61c. Lump sum payments for accumulated or accrued annual leave upon death; order of precedence for payment.—Upon the death of any civilian officer or employee of the Federal Government, or the government of the District of Columbia, compensation for all of his accumulated and current accrued annual or vacation leave in a lump sum equal to 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 shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:

First, to the beneficiary or beneficiaries, if any, lawfully designated by the employee under the retirement Act applicable to his service;

Second, if there be no such designated beneficiary, to the estate of such deceased employee. (Dec. 21, 1944, ch. 632, § 2, 58 Stat. 845.)

§ 61d. Lump sum payment for accumulated or accrued annual leave upon transfer to agencies operating under different leave systems; amount; payment as compensation. All accumulated and current accrued leave shall be liquidated by a lump-sum payment to any civilian officer or employee of the Federal Government or the government of the District of Columbia in cases involving transfer to agencies under different leave systems. Such lump-sum payment shall equal the compensation that such employee would have received had he not been transferred until the expiration of the period of such leave: Provided, 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, § 3, 58 Stat. 846.)

§ 62. Holding other lucrative office.-No person who holds an office the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially authorized thereto by law; but this shall not apply to retired officers of the Army, Navy, Marine Corps, or Coast Guard whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate. Retired enlisted men of the Army, Navy, Marine Corps, or Coast Guard retired for any cause, and retired officers of the Army, Navy, Marine Corps, or Coast Guard who have been retired for injuries received in battle or for injuries or incapacity incurred in line of duty shall not, within the meaning of this section, be construed to hold or to have held an office during such retirement. (July 31, 1894, ch. 174, § 2, 28 Stat. 205; May 31, 1924, ch. 214, 43 Stat. 245; July 30, 1937, ch. 545, $ 6, 50 Stat. 549; June 25, 1938, ch. 694, 52 Stat. 1194.)

CODIFICATION This section constitutes the second sentence of section 2 of the act of July 31, 1894, cited to text, as amended by the act of May 31, 1924, cited to text, which added the second sentence of this section.

§ 66. Receiving salary from source other than United States.No Government official or employee shall receive any salary in connection with his services as such an official or employee from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality, and no person, association, or corporation shall make any contribution to, or in any way supplement the salary of, any Government official or employee for the services performed by him for the Government of the United States. Any person violating any of the terms of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $1,000 or imprisonment for not less than six months, or by both such fine and imprisonment as the court may determine. (Mar. 3, 1917, ch. 163, § 1, 39 Stat. 1106.)

8 67. Same; employees of Department of Agriculture and Forest Service.- Officials and employees of the Department of Agriculture engaged in activities of the Department of Agriculture described in section 563 of this title, and paid in whole or in part out of funds contributed as provided in said section 563, and the persons, corporations, or associations making contributions as provided in said section 563 shall not be subjected to the provisions of section 66 of this title; nor shall any official or employee engaged in the cooperative activities of the Forest Service, or the persons, corporations, or associations contributing to such activities be subject to said section 66. (July 24, 1919, ch. 26, 41 Stat. 270.)

$ 69. Extra services.--No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other department; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law. (R. S. § 1764.)

DERIVATION Act Aug. 26, 1842, ch. 202, $ 12, 5 Stat. 525.

§ 70. Extra allowances.No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law, and the appropriation therefor. explicitly states that it is for such additional pay, extra allowance, or compensation. (R. S. § 1765.)

DERIVATION

Act Mar. 3, 1839, ch. 82, § 3, 5 Stat. 349; act Aug. 23, 1842, ch. 183, § 2, 5 Stat. 510; act May 1, 1876, ch. 88, 19 Stat. 45.

CROSS REFERENCES Allowance of living quarters, including heat, fuel, and light, to employees having permanent stations in a foreign country notwithstanding provisions of this section, see section 118a of this title.

§ 71. Extra compensation or perquisites.—No civil officer of the Government shall receive any compensation or perquisites, directly or indirectly, from the treasury or property of the United States beyond his salary or compensation allowed by law: Provided, That this shall not be construed to prevent the employment and payment by the Department of Justice of district attorneys as allowed by law for the performance of services not covered by their salaries or fees. (June 20, 1874, ch. 328, § 3, 18 Stat. 109.)

$72. Additional compensation to persons employed under general or lump-sum appropriation.-It shall not be lawful to pay to any person, employed in the service of the United States under any general or lump-sum appropriation, any sum additional to the regular compensation received for or attached to any employment held prior to an appointment or designation as acting for or instead of an occupant of any other office or employment. This section shall not be construed as prohibiting regular and permanent appointments by promotion from lower to higher grades of employments. (Aug. 1, 1914, ch. 223, $ 12, 38 Stat. 680.)

CROSS REFERENCE Increases in compensation, see section 667 of this title.

8 73. Actual traveling expenses only allowed. Except as otherwise provided by law, only actual traveling expenses shall be allowed to any person holding employment or appointment under the United States, except marshals, district attorneys, and clerks of the courts of the United States and their deputies. All allowances for mileages and transportation in excess of the amount actually paid, except as above excepted, are declared illegal; and no credit shall be allowed to any of the disbursing officers of the United States for payment or allowances in violation of this section. (Mar. 3, 1875, ch. 133, § 1, 18 Stat. 452.)

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

§ 73a. Travel expenses of officers and employees; transportation in privately owned motorcycles; automobiles, or airplanes; payments on mileage basis in lieu of actual expenses.—A civilian officer or employee engaged in necessary travel on official business away from his designated post of duty may be paid, in lieu of actual expenses of transportation, under regulations to be prescribed by the President, not to exceed 2 cents per mile for the use of a privately owned motorcycle or 5 cents per mile for the use of a privately owned automobile or airplane for such transportation, whenever such mode of travel has been previously authorized and payment on such mileage basis is more economical and advantageous to the United States. (Feb. 14, 1931, ch. 165, 46 Stat. 1103; Mar. 3, 1933, ch. 212, title II, § 9, 47 Stat. 1516 Apr. 25, 1940, ch. 156, 54 Stat. 167; Dec. 22, 1944, ch. 667, 58 Stat. 908.)

AMENDMENTS 1944–Act Dec. 22, 1944, cited to text, amended section by adding "or airplane" following “owned automobile.”

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

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

§ 73b. Traveling expenses limited to lowest first-class rate.-Whenever by or under authority of law actual expenses for travel may be allowed to officers or employees of the United States, such allowances, in the case of travel ordered after March 3, 1933, shall not exceed the lowest first-class rate by the transportation facility used in such travel. (Mar. 3, 1933, ch. 212, title II, § 10, 47 Stat. 1516.)

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

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

§ 73c. Transportation of effects; automobiles.-Hereafter, no law or regulation authorizing the transportation at Government expense of the effects of officers, employees, or other persons, shali be construed or applied as including or authorizing the transportation of an automobile: Provided, That funds available to the Department of State may be expended for the transportation of a personally owned automobile in any case where the Secretary of State shall determine that ocean transportation is necessary for any part of the distance between points of origin and destination, except that this authorization shall not be extended to any ambassador or Minister when proceeding to a post of duty where a Government-owned automobile shall have been provided for his use. (June 30, 1932, ch. 314, $ 209, 47 Stat. 405; Apr. 30, 1940, ch. 172, 54 Stat. 174.)

CROSS REFERENCE Section is also set out as section 823a of this title.

8 73c-1. Same; household goods and personal effects of civilian employees.-Expenses which now or hereafter may be authorized by law to be paid from Government funds for the packing, crating, drayage, and transportation of household goods and personal effects of civilian officers and employees of any of the executive departments or establishments of the United States when transferred from one official station to another for permanent duty shall hereafter be allowed and paid, when specifically authorized or approved by the head of the department or establishment concerned, under such rules and regulations as may be prescribed by the President, which regulations shall prescribe, among other matters, the maximum weight of the property, not to exceed five thousand pounds gross or the equivalent thereof when transportation charges are based on cubic measurements, which may be packed, crated, hauled, transported, and unpacked at Government expense: Provided, That no part of such expenses shall

650673-464

be paid from Government funds where the transfer is made at the request and primarily for the convenience or benefit of the officer or employee: Provided further, That nothing herein shall affect the allowance and payment of expenses for, or incident to, the transportation of effects of officers and employees of the Foreign Service, Department of State, except where the transfer is made at the request and primarily for the convenience or benefit of the officer or employee. (Oct. 10, 1940, ch. 848, 54 Stat. 1105.)

8 73d. Traveling expenses to and from Virgin Islands; transportation of bodies of deceased persons.The Secretary of the Interior is authorized to furnish to persons appointed from the continental United States for employment in the service of the United States in the Virgin Islands, and to persons who may be discharged without prejudice or, after a period of service of not less than one year, may resign from the service of the United States in the Virgin Islands, free transportation between a port in the United States and the post of duty in the Virgin Islands. The Secretary of the Interior is further authorized to furnish to persons appointed from the continental United States and employed in the service of the United States in the Virgin Islands free transportation from the post of duty to a port in the continental United States and return for the purpose of taking leave, but not more frequently in the case of any persons than once during each two-year period of service.

The Secretary of the Interior is further authorized to provide free transportation of the bodies of deceased persons formerly appointed from the continental United States for employment in the service of the United States in the Virgin Islands, from the post of duty previously held in the Virgin Islands to such destination in the continental United States as may be requested by the deceased person's nearest relatives and/or friends. (June 5, 1936, ch. 526, 49 Stat. 1483.)

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

8 73e. Traveling expenses on inter-island steamships in Hawaii. -Whenever by or under authority of law actual expenses for travel may be allowed to officers and employees of the United States, such allowance, in the case of travel after May 28, 1938 on inter-island steamships in the Territory of Hawaii, shall not exceed the rate for accommodations on such steamships equivalent as nearly as may be to the lowest first-class accommodations on transpacific steamships. The maximum fixed by this section shall be in lieu of the maximum fixed by section 73b of this title. (May 28, 1938, ch. 289, § 811, 52 Stat. 577.)

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

« SebelumnyaLanjutkan »