« PreviousContinue »
such State or taxing authority shall have full jurisdiction and power to levy and collect such tax in any Federal area within such State to the same extent and with the same effect as though such area was not a Federal area.
***. July 30, 1947, c. 389, § 1, 61 Stat. 644.
Section 107. Same; exception of United States, its instrumentalities, and authorized purchases there from.
(a) The provisions of sections 105 and 106 of this title shall not be deemed to authorize the levy or collection of any tax on or from the United States or any instrumentality thereof, or the levy or collection of any tax with respect to sale, purchase, storage, or use of tangible personal property sold by the United States or any instrumentality thereof to any authorized purchaser.
(b) A person shall be deemed to be an authorized purchaser under this section only with respect to purchases which he is permitted to make from commissaries, ship's stores, or voluntary unincorporated organizations of personnel of any branch of the Armed Forces of the United States, under regulations promulgated by the departmental Secretary having jurisdiction over such branch.
Section 108. Same; jurisdiction of United States over Federal areas unaffected.
The provisions of sections 105 to 110 of this title shall not for the purposes of any other provision of law be deemed to deprive the United States of exclusive jurisdiction over any Federal area over which it would otherwise have exclusive jurisdiction or to limit the jurisdiction of the United States over any Federal area. Section 110. Same; definitions as used in sections 105 to 109 of this title
(b) The term "sales or use tax" means any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property, except a tax with respect to which the provisions of section 104 of this title are applicable.
***. July 30, 1947, c. 389, § 1, 61 Stat. 645.
PART III, TITLE 5
CHAPTER 1.-PROVISIONS APPLICABLE TO DEPART
MENTS AND OFFICERS GENERALLY
Section 1. Application of provisions of chapter.
The provisions of this title shall apply to the following executive departments:
First. The Department of State.
Second. The Department of Defense.
The Department of Agriculture.
Ninth. The Department of Labor.
Tenth. The Department of Health, Education, and Welfare. As amended July 31, 1956, 5:00 p.m., E.D.T., c. 802, § 1, 70 Stat. 732.
Section 2. Word "department."
The word "department" when used alone in this chapter, and chapters 2 to 11 of this title, means one of the executive departments enumerated in section 1 of this title.
Section 22. Departmental regulations; withholding of information from public not authorized.
The head of each department is authorized to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it. This section does not authorize withholding information from the public or limiting the availability of records to the public. As amended August 12, 1958, Pub. L. 85-619, 72 Stat. 547.
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 services 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 said
sections, 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.
Section 78. Restrictions on purchase, operation, use and maintenance of passenger motor vehicles and aircraft.
(a) Purchase or hire of vehicles. Unless specifically authorized by the appropriation concerned or other law, no appropriation shall be expended to purchase or hire passenger motor vehicles for any branch of the Government other than those for the use of the President of the United States, the secretaries to the President, or the heads of the executive departments enumerated in section 1 of this title.
(b) Aircraft. Excepting appropriations for the Military and Naval Establishments, no appropriation shall be available for the purchase, maintenance, or operation of any aircraft unless specific authority for the purchase, maintenance, or operation thereof has been or is provided in such appropriation.
(c) Maximum purchase price of vehicles; use for official purposes; penalties. Unless otherwise specifically provided, no appropriation available for any department shall be expended
(1) to purchase any passenger motor vehicle (exclusive of busses, ambulances, and station wagons), at a cost, completely equipped for operation, and including the value of any vehicle exchanged, in excess of the maximum price therefor, if any, established pursuant to law by a Government agency and in no event more than such amount as may be specified in an appropriation or other Act, which shall be in addition to the amount required for transportation;
(2) for the maintenance, operation, and repair of any Government-owned passenger motor vehicle or aircraft not used exclusively for official purposes; and "official purposes" shall not include the transportation of officers and employees between their domiciles and places of employment, except in cases of medical officers on out-patient medical service and except in cases of officers and employees engaged in field work the character of whose duties makes such transportation necessary and then only as to such latter cases when the same is approved by the head of the department concerned. Any officer or employee of the Government who willfully uses or authorizes the use of any Government-owned passenger motor vehicle or aircraft, or of any passenger motor vehicle or aircraft leased by the Government, for other than official purposes or otherwise violates the provisions of this paragraph shall be suspended from duty by the head of the de
partment concerned, without compensation, for not less than one month, and shall be suspended for a longer period or summarily removed from office if circumstances warrant. The limitations of this paragraph shall not apply to any motor vehicles or aircraft for official use of the President, the heads of the executive departments enumerated in section 1 of this title, ambassadors, ministers, charges d'affaires, and other principal diplomatic and consular officials.
(d) Appropriation estimates. In the budgets for the fiscal year 1948 and subsequent fiscal years there shall be submitted in detail estimates for such necessary appropriations as are intended to be used for purchase or hire of passenger motor vehicles or for purchase, maintenance, or operation of aircraft, specifying the sums required, the public purposes for which said conveyances are intended, the number of currently owned conveyances to be continued in use, and the officials or employees by whom all of such conveyances are to be used.
(e) Definition of purchase. The acquisition of aircraft or passenger motor vehicles by any agency by transfer from another department of the Government shall be considered as a purchase within the meaning of this section. As amended Aug. 2, 1946, c. 744, § 16(a), 60 Stat. 810.
Section 78a. Same; Corps of Engineers.
The provisions of section 78 of this title shall be construed as applying to the Corps of Engineers as to the purchase of motorpropelled passenger-carrying vehicles.
Section 78a-1. Same; maximum purchase price of motor vehicles; exceptions.
Unless otherwise specifically provided, the maximum amount allowable, in accordance with section 78 of this title for the purchase of any passenger motor vehicle (exclusive of buses, ambulances), is fixed at $1,500 except station wagons for which the maximum shall be $1,950. Pub. L. 85-468, Title II, § 201, June 25, 1958, 72 Stat. 224; as amended Pub. L. 86-79, Title II, § 201, July 8, 1959, 73 Stat. 165.
Section 79. Same; river and harbor improvements.
Section 78 of this title shall not be construed as applying to the purchase, maintenance, and repair of motor boats, trucks, and other vehicles needed in carrying out the various projects adopted by Congress for the improvement, preservation, and protection of rivers and harbors.
Section 99. Ex-officers or employees not to prosecute claims in departments.
It shall not be lawful for any person appointed as an officer, clerk or employee in any of the departments, to act as counsel, attorney, or agent for prosecuting any claim against the United States which was pending in either of said departments while he was such officer, clerk, or employee, nor in any manner, nor by any means, to aid in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employee.
Section 118. Expenditures for telegraph and telephone communication.
The head of any department or establishment of the Government, in his discretion, may transfer in advance to the Signal Corps of the Army, from appropriations available for the transmission of messages, such amounts as may be necessary to defray the expense of transmitting messages turned over by him to that corps, including the payment of toll charges of commercial carriers, the leasing of facilities required for transmitting messages, and the installation and maintenance of such facilities. (Apr. 15, 1926, c. 146, 44 Stat. 267.)
CHAPTER 2A.-DEPARTMENT OF DEFENSE
Section 172. Comptroller of Department of Defense; establishment; Assistant Secretary; functions and duties.
(a) There is established in the Department of Defense the Comptroller of the Department of Defense, who shall be one of the Assistant Secretaries of Defense.
(b) The Comptroller shall advise and assist the Secretary of Defense in performing such budgetary and fiscal functions as may be required to carry out the powers conferred upon the Secretary of Defense by sections 171-171n, 172–172j, 181-1, 181-2, 411a, 411b, and 626-626d of this title and sections 401-405 of Title 50, including but not limited to those specified in this subsection. Subject to the authority, direction, and control of the Secretary of Defense, the Comptroller shall
(1) supervise and direct the preparation of the budget estimates of the Department of Defense; and
(2) establish, and supervise the execution of
(A) principles, policies, and procedures to be followed in connection with organizational and administrative matters relating to
(i) the preparation and execution of the budgets,