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FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE

STATES

2-1. Tax on motor fuel sold on military or other reservation; reports to state taxing authority.-(a) That all taxes levied by any State, Territory or the District of Columbia upon sales of gasoline and other motor vehicle fuels may be levied, in the same manner and to the same extent, upon such fuels when sold by or through post exchanges, ship stores, ship service stores, commissaries, filling stations, licensed traders, and other similar agencies, located on United States military or other reservations, when such fuels are not for the exclusive use of the United States. Such taxes, so levied, shall be paid to the proper taxing authorities of the State, Territory or the District of Columbia, within whose borders the reservation affected may be located.

(b) The officer in charge of such reservation shall, on or before the fifteenth day of each month, submit a written statement to the proper taxing authorities of the State, Territory or the District of Columbia within whose borders the reservation is located, showing the amount of such motor fuel not sold for the exclusive use of the United States during the preceding month. (June 16, 1936, sec. 10, 49 Stat. 1521; 4 U. S. C., sec. 12 and 23 U. S. C., sec. 55a.)

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EXECUTIVE DEPARTMENTS AND GOVERNMENT

OFFICERS AND EMPLOYEES

PROVISIONS APPLICABLE TO DEPARTMENTS AND OFFICERS

GENERALLY

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27. Sick leave; effective date.—That after January 1, 1936, except as provided in section 4 hereof, all civilian officers and employees of the United States wherever stationed and of the government of the District of Columbia, other than teachers and librarians of the public schools of the District of Columbia and officers and members but not the civilian personnel of the police and fire departments of the District of Columbia and other than officers and employees of the Panama Canal and Panama Railroad on the Isthmus of Panama, shall be entitled to sick leave with pay regardless of their tenure, as described herein. (Mar. 14, 1936, sec. i, 49 Stat. 1162; 5 U. S. C., sec. 30f.)

27a. Same; amount, cumulative.—On and after January 1, 1936, cumulative sick leave with pay, at the rate of one and one-quarter days per month, shall be granted to all civilian officers and employees, the total accumulation not to exceed ninety days. Temporary employees, except temporary employees engaged on construction work at hourly rates, shall be entitled to one and one-quarter days sick leave for each month of service: Provided, That all such employees shall furnish certificates satisfactory to the head of the appropriate de

partment or independent establishment. (Mar. 14, 1936, sec. 2, 49 Stat. 1162; 5 U. S. C., sec. 30g.)

27b. Same; advancement of sick leave.-Administrative officers may advance thirty days sick leave with pay beyond accrued sick leave in cases of serious disability or ailments and when required by the exigencies of the situation. (Mar. 14, 1936, sec. 3, 49 Stat. 1162; 5 U. S. C., sec. 30h.)

27c. Same; leave differentials of employees outside continental United States not affected.-Nothing in this Act shall be construed to prevent the continuance of any existing leave differential now obtaining for the benefit of the employees of the Federal Government stationed outside the continental limits of the United States. (Mar. 14, 1936, sec. 5, 49 Stat. 1162; 5 U.S. C., sec. 30i.)

27d. Same; Government corporations included within provisions of Act.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 this Act. (Mar. 14, 1936, sec. 6, 49 Stat. 1162; 5 U. S. C., sec. 30j.)

27e. Same; regulations by President.---The leave of absence herein provided for shall be administered under such regulations as the President may prescribe, so as to obtain, so far as practicable, uniformity in the application of this Act. (Mar. 14, 1936, sec. 7, 49 Stat. 1162; 5 U. S. C., sec. 30k.)

30. Annual leave of absence; effective date.—That with the exception of teachers and librarians of the public schools of the District of Columbia and officers and employees of the Panama Canal and Panama Railroad on the Isthmus of Panama, and except as provided in section 4 hereof, all civilian officers and employees of the United States wherever stationed and of the government of the District of Columbia, regardless of their tenure, in addition to any accrued leave, shall be entitled to twenty-six days' annual leave with pay each calendar year, exclusive of Sundays and holidays: Provided, That the part unused in any year shall be accumulated for succeeding years until it totals not exceeding sixty days. This Act shall not affect any sick leave to which employees are now or may hereafter be entitled. Temporary employees, except temporary employees engaged on construction work at hourly rates, shall be entitled to two and one-half days leave for each month of service. The annual leave herein authorized shall be granted at such times as the heads of the various departments and independent establishments may prescribe. This Act becomes effective January 1, 1936. (Mar. 14, 1936, sec. 1, 49 Stat. 1161; 5 U. S. C., sec. 30b; supersedes paragraph No. 27, Laws Applicable, 1935.)

30a. Same; regulations by heads of departments. Each head of a department or independent establishment shall issue general public regulations, not inconsistent with law, setting forth the hours of duty per day and per week for each group of employees. Before issuing such regulations, which shall be issued within three months from the date of approval of this Act, the heads of departments and independent establishments shall meet and consult among them

selves and make such regulations as nearly uniform as possible so that all employees, temporary or permanent, in all departments and independent establishments shall receive like treatment as nearly as may be practicable: Provided, That heads of departments and independent establishments may appoint a subcommittee to draft such regulations. (Mar. 14, 1936, sec. 2, 49 Stat. 1161; 5 U. S. C., sec. 29a.)

30b. Same; leave differentials of employees outside continental United States not affected.—Nothing in this Act 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 the continental limits of the United States. (Mar. 14, 1936, sec. 5, 49 Stat. 1161; 5 U. S. C., sec. 30c.)

300. Same; corporations included within provisions of act.--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 this Act. (Mar. 14, 1936, sec. 6, 49 Stat. 1161; 5 U. S. C., sec. 30d.)

30d. Same; regulations by President.--The leave of absence herein provided for shall be administered under such regulations as the President may prescribe, so as to obtain, so far as practicable, uniformity in the application of this Act. (Mar. 14, 1936, sec. 7, 49 Stat. 1162; 5 U.S.C., sec. 30e.)

30e. Annual and sick leave to be exclusive of Sundays, holidays, and all nonwork days established by law, Executive or administrative order.--That the days of annual leave with pay provided for in the Act of March 14, 1936 (49 Stat. 1161), and the days of sick leave with pay provided for in the Act of March 14, 1936 (49 Stat. 1162), 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. 14, 1936, 49 Stat. 1161, 1162; Mar. 2, 1940, 54 Stat. 38.)

63a. 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, sec. 2, 28 Stat. 205; May 31, 1924, 43 Stat. 245; July 30, 1937, sec. 6, 50 Stat. 549; June 25, 1938, 52 Stat. 1194; 5 U. S. C., sec. 62.)

70a. Travel expenses of officers and employees; transportation in privately owned motorcycles or automobiles; payments on mileage basis. That 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 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, 46 Stat. 1103; Mar. 3, 1933, sec. 10, 47 Stat. 1516; Apr. 25, 1940, 54 Stat. 167; 5 U.S.C., sec. 73a.)

84. Holidays allowed per diem employees.—[ This statute was repealed paragraph No. 115–5 for text of repealing act.]

95. Oaths to expense accounts.--Postmasters, assistant postmasters, collectors of customs, collectors of internal revenue, chief clerks of the various executive departments, independent establishments, and other Government agencies, or of bureaus thereof, the superintendent, the acting superintendent, custodian, and principal clerks of the various national parks and other Government reservations, superintendent, acting superintendent, and principal clerks of the different Indian superintendencies or Indian agencies, chiefs of field parties, and any officer or employee of any executive department, independent establishment, or other Government agency, in the District of Columbia or elsewhere, who shall have been designated in writing for such purpose by the head of the department, establishinent, or agency concerned, are required, empowered, and authorized, when requested, to administer oaths, required by law or otherwise, to accounts for travel or other expenses against the United States, with like force and effect as officers having a seal; for such services when so rendered, or when rendered on demand by notaries public, who at the time are also salaried officers or employees of the United States, no charge shall be made; and no fee or money paid for the services herein described shall be paid or reimbursed by the United States. (Aug. 24, 1912, sec. 8, 37 Stat. 487; June 6, 1939, 53 Stat. 810; 5 U. S. C., sec. 97.)

104. Copy for annual reports and accompanying documents to be furnished printer.—The appropriations made for printing and binding shall not be used for any annual report or the accompanying documents unless the manuscript and proof therefor is furnished to the Public Printer in the following manner: Manuscript of the documents accompanying such annual reports on or before the 1st day of November of each year; manuscript of the annual reports on or before the 15th day of November of each year; complete revised proofs of the accompanying documents on the 1st day of December of each year and of the annual reports on the 10th day of December of each year; and all of said annual reports and accompanying documents shall be printed, made public, and available for distribution not later than within the first five days after the assemblying of each regular session of Congress. The provisions of this section shall not apply to the annual reports of the Smithsonian Institution, the Commissioner of Patents, the Comptroller of the Currency, or the

Secretary of the Treasury. (July 1, 1916, sec. 3, 39 Stat. 336; June 20, 1936, sec. 8, 49 Stat. 1550; 5 U. S. C., sec. 108.)

114a. Annual appropriation to sustain losses of United States employees in foreign countries due to appreciation of foreign currencies; change of effective date.—That there are authorized to be appropriated annually such sums as may be necessary to enable the President, in his discretion and under such regulations as he may prescribe and notwithstanding the provisions of any other Act and upon recommendation of the Director of the Budget, to meet losses sustained on and after July 1, 1933, by officers, enlisted men, and employees of the United States while in service in foreign countries due to the appreciation of foreign currencies in their relation to the American dollar, and to cover any deficiency in the accounts of the Treasurer of the United States, including interest, arising out of the arrangement approved by the President on July 27, 1933, for the conversion into foreign currencies of checks and drafts of officers, enlisted men, and employees for salaries and expenses: Provided, That such action as the President may take shall be binding upon all executive officers of the Government: Provided further, That no payments authorized by this Act shall be made to any officers, enlisted men, or employees for periods during which their checks or drafts were converted into foreign currencies under the arrangement hereinbefore referred to: Provided further, That allowances and expenditures pursuant to this Act shall not be subject to income taxes: And provided further, That the Director of the Budget shall report all expenditures made for this purpose to Congress annually with the Budget estimates. (Mar. 26, 1934, 48 Stat. 466; Aug. 14, 1937, 50 Stat. 641; 5 U.S. C., sec. 118c.)

115–1. Renewals of oaths of office by employees of executive departments and independent establishments.-- That civilian employees of the executive departments and independent establishments of the United States who, upon original appointment, have subscribed to the oath of office required by section 1757 of the Revised Statutes, shall not be required to renew the said oath because of any change in status so long as their services are continuous in the department or independent establishment in which employed, unless in the opinion of the head of the department or independent establishment the public interests require such renewal. (Aug. 14, 1937, 50 Stat. 640; 5 U. S. C., sec. 17b.)

115-2. Compensation due Government employees authorized to be withheld.—That hereafter, 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 Government, 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 Act shall be construed to repeal or in any way modify existing laws relating to the collection of the indebtedness of accountable or disbursing officers. (May 26, 1936, 49 Stat. 1374; 5 U.S. C., sec. 46b; see pars. 47 and 79, Laws Applicable, 1935.)

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