DEPOSITED BY TH UNITED STATES OF AMATOS,, MAY 2 5 33 CODIFIED ANNOTATED DRAFT OF ECONOMY ACTS OFFICERS AND EMPLOYEES When used in this title mean any (a) The terms "officer" and "employee person rendering services in or under any branch or service of the United States Government or the Government of the District of Columbia, but do not include (1) officers whose compensation may not, under the Constitution, be diminished during their continuance in office; (2) the Vice President, the Speaker of the House of Representatives, Senators, Representatives in Congress, Delegates, and Resident Commissioners; (3) officers and employees on the rolls of the Senate and House of Representatives; (4) any person in respect of any office, position, or employment the amount of compensation of which is expressly fixed by international agreement; and (5) any person in respect of any office, position, or employment the compensation of which is paid under the terms of any contract in effect on the date of the enactment of this title, if such compensation may not lawfully be reduced. Sec 1, Title II, Act of March 20, 1933. (b) The term "compensation " means any salary, pay, wage, allowance (except allowances for travel), or other emolument paid for services rendered in any civilian or noncivilian office, position, or employment; and includes the retired pay of judges (except judges whose compensation, prior to retirement or resignation, could not, under the Constitution, have been diminished), and the retired pay of all commissioned and other personnel of the Coast and Geodetic Survey, the Lighthouse Service, and the Public Health Service, and the retired pay of all commissioned and other personnel of the Army, Navy, Marine Corps, and Coast Guard; but does not include payments out of any retirement, disability, or relief fund made up wholly or in part of contributions of employees. Sec. 2, Title II, For that portion of the fiscal year 1933 beginning with Act of March 20, the first day of the calendar month following the month 1933. during which this Act is enacted, and for the fiscal year ending June 30, 1934, the compensation of every officer or employee shall be determined as follows: (a) The compensation which such officer or employee would receive under the provisions of any existing law, schedule, regulation, Executive order, or departmental order shall first be determined as though this title (except section 4) had not been enacted. (b) The compensation as determined under subparagraph (a) of this section shall be reduced by the percentage, if any, determined in accordance with section 3 of this title. Sec. 3, Title II, Sec. 105, Act of as amended by Act of March 20, Title II. Sec. 105, Act of as amended by 1933, Sec. 4 (1) Act of March 20, Title II. Sec. 105, Act of June 30, 1932, as amended by Act of March 20, 19 f1.c.4 (8), 1933, Sec. Title II. (a) The President is authorized to investigate through established agencies of the Government the facts relating to the cost of living in the United States during the six months period ending June 30, 1928, to be known as the base period, and upon the basis of such facts and the application thereto of such principles as he may find proper, determine an index figure of the cost of living during such period. The President is further authorized to make a similar investigation and determination. of an index figure of the cost of living during the six months period ending December 31, 1932, and each six months period thereafter. (b) The President shall announce by Executive order the index figure for the base period and for each subsequent period determined by him under paragraph (a) of this section. The percentage, if any, by which the cost of living index for any six months' period, as provided in paragraph (a) of this section, is lower than such index for the base period, shall be the percentage of reduction applicable under section 2 (b) of this title in determining compensation to be paid during the following six months' period, or such portion thereof during which this title is in effect: Provided, That such percentage of reduction (including reductions made under any existing law, regulation, or Executive order, in the case of subsistence and rental allowances for the services mentioned in the Pay Act of June 10, 1922) shall not exceed 15 per centum. Beginning April 1, 1933, and during the fiscal year ending June 30, 1934 "(a) The salaries of the Vice President and the Speaker of the House of Representatives are reduced by 15 per centum; and the salaries of Senators, Representatives in Congress, Delegates, and Resident Commissioners are reduced by 15 per centum." "(b) The allowance for clerk hire of Representatives in Congress, Delegates, and Resident Commissioners is reduced by the percentage applicable by law to other employees on the roll of the House of Representatives, such reduced allowance to be apportioned by the Representative, Delegate, or Resident Commissioner among his clerks as he may determine, subject to the limitations of existing law, but the compensation of such clerks shall not be subject to reduction under subsection (c) of this section." "(c) The rate of compensation of any person on the rolls of the Senate or the House of Representatives (other than persons included within subsection (a)), is reduced by the percentage applicable by law to employees of the Government generally." Sections 102, 103, 104, subsections (d) and (e), of 105 and 106 of the Act of June 30, 1932, were continued in full force and effect by Sec. 4 (a), Act of March 3, 1933, but were repealed by Sec. 4 (d), Title II, of the Act of March 20, 1933, effective April 1, 1933. During the fiscal years ending June 30, 1933, and June 30, 1934 June 30, 1932, (1) the salary of each of the members of the Interna- Sec. 107, Act of tional Joint Commission, United States section, shall be as amended by at the rate of $5,000 per annum; (2) the salaries of the following officers shall be at the rate of $10,000 per annum: Commissioners of the United States Shipping Board, members of the Federal Farm Board (except the Secretary of Agriculture), members of the Board of Mediation, commissioners of the Interstate Commerce Commission, commissioners of the United States Tariff Commission, the American commissioner of the General Claims Commission, United States and Mexico, and the umpire and American commissioner of the Mixed Claims Commission, United States and Germany; (3) no officer or employee of any of the boards or commissions enumerated in paragraph (1) or (2) shall (except as provided in paragraph (4)) receive salary at a rate in excess of $10,000 per annum; (4) no officer or employee of the United States Shipping Board, the United States Shipping Board Merchant Fleet Corporation, or the Reconstruction Finance Corporation, shall receive salary at a rate in excess of $10,000 per annum, except that in the case of any position the salary of which at the rate of the enactment of this Act is at a rate in excess of $12,500 per annum such salary may be at a rate not in excess of $12,500 per annum; and Act of March 20, 1933, Sec. 4 (a) and (d), Title II. June 30, 1932, Act of March 20, In the case of a corporation the majority of the stock Sec. 108, Act of of which is owned by the United States, the holders of the superseded by stock on behalf of the United States, or such persons as Sec. of March 20 represent the interest of the United States in such cor- 1933. poration, shall take such action as may be necessary to apply the provisions of this title to officers, positions, and employments under such corporation and to officers and employees thereof, with proper allowance for any reduction in compensation since December 31, 1931. continued by of March 3, 1933, In any case in which the application of the provisions Sec. 109, Act of of this title to any person would result in a diminution June 30, 1932, of compensation prohibited by the Constitution, the Sec- Sec. 4 (a) Act retary of the Treasury is authorized to accept from such and reenacted by person, and cover into the Treasury as miscellaneous Act of March 20, receipts, remittance of such part of the compensation of 1933. such person as would not be paid to him if such diminution of compensation was not prohibited. Sec. 107 (a) 5, Act of June 30, 1932, was discontinued effective June 30, 1933, by Sec. 4 (a) of the Act of March 3, 1933, but repealed effective April 1, 1933, by Sec. 4 (d), Title II, Act of March 20, 1933. Sec. 107 (b) was continued by Sec. 4 (a), Act of March 3, 1933, but was repealed by Sec. 4 (d), Title II, Act of March 20, 1933, effective April 1, 1933. Sec. 112, Act of June 30, 1932, continued by Sec. 4 (a), Act of March 3, 1933, but repealed by Sec. 4 (d), Title II, Act of March 20, 1933, effective April 1, 1933. Sec. 7, Title II, Sec. 110, Act of The appropriations or portions of appropriations uncontinued by Sec. expended by reason of the operation of this Act shall not be used for any purpose, but shall be impounded and returned to the Treasury. 4 (d) Act of March 3, 1933, and practically reenacted by Sec. 8, Title II, Act of March 20, 1933. See also Sec. 4 (a) (2) (d), Act, March Sec. 111, Act of March 3, 1933, II, Act of March No court of the United States shall have jurisdiction of any suit against the United States or (unless brought by the United States) against any officer, agency, or instrumentality of the United States arising out of the application of any provision of this title, unless such Suit involves the Constitution of the United States. All provisions of law which confer upon civilian or noncivilian officers or employees of the United States and Sec. 9, Title Government or the municipal government of the District of Columbia automatic increases in compensation by reason of length of service or promotion are suspended during the fiscal year ending June 30, 1933; but this section shall not be construed to deprive any person of any increment of compensation received through an automatic increase in compensation prior to July 1, 1932. March 20, 1933. Sec. 201, Act of continued by Sec. June 30, 1932, 4 (a), Act of March 3, 1933, and Sec. 4 (a) Title II, Act of Sec. 202, Act of amended by Sec. 3, 1933. No administrative promotions in the civil branch of March 20, 1933. the United States Government or the government of the District of Columbia shall be made during the June 30, 1932, fiscal year ending June 30, 1934: Provided, That the 7, Act of March filling of a vacancy, when authorized by the President, by the appointment of an employee of a lower grade, shall not be construed as an administrative promotion, but no such appointment shall increase the compensation of such employee to a rate in excess of the minimum rate of the grade to which such employee is appointed, unless such minimum rate would require an actual reduction in compensation: Provided further, That the restoration of employees to their former grades or their advancement to intermediate grades following reductions of compensation for disciplinary reasons shall not be construed to be administrative promotions for the purposes of this section. The provisions of this section shall not apply to commissioned, commissioned warrant, warrant, and enlisted personnel, and cadets, of the Coast Guard. Sec. 203, Act of June 30, 1932, continued by Sec. 4 (a), Act of March 3, 1933, and Sec. 4 (a) Title II, Act of March 20, 1933. No appropriation available to any executive department or independent establishment or to the municipal government of the District of Columbia during the fiscal year ending June 30, 1933, shall be used to pay the compensation of an incumbent appointed to any civil position under the United States Government or the municipal government of the District of Columbia which is vacant on July 1, 1932, or to any such position which may become vacant after such date: Provided, That this inhibition shall not apply (a) to absolutely essential positions the filling of which may be authorized or approved in writing by the President of the United States, (b) to temporary, emergency, seasonal, or cooperative positions, or (c) to commissioned, commissioned warrant, warrant, and enlisted personnel, and cadets, of the Coast Guard. The appropriations or portions of appropriations unexpended by the operation of this section shall not be used for any other purposes but shall be impounded and returned to the Treasury, and a report of all such vacancies, the number thereof filled, and the amounts unexpended, for the period between July 1, 1932, and October 31, 1932, shall be submitted to Congress on the first day of the next regular session: Provided, That such impounding of funds may be waived in writing by the President of the United States in connection with any appropriation or portion of appropriation, when, in his judgment, such action is necessary and in the public interest. COMPULSORY RETIREMENT FOR AGE manent legisla porarily amended 1933. On and after July 1, 1932, no person rendering civil- Sec. 204, perian service in any branch or service of the United tion, but temStates Government or the municipal government of the by Section 8, District of Columbia who shall have reached the re- Act of March 3, tirement age prescribed for automatic separation from the service, applicable to such person, shall be continued in such service, notwithstanding_any provision of law or regulation to the contrary: Provided, That the President may, by Executive Order, exempt from the provisions of this section any person when, in his judgment, the public interest so requires: Provided further, That no such person heretofore or hereafter separated from the service of the United States or the District of Columbia under any provision of law or regulation providing for such retirement on account of age shall be eligible again to appointment to any appointive office, position, or employment under the United States or the District of Columbia: Provided further, That this section shall not apply to any person named in any Act of Congress providing for the continuance of such person in the service. All officers and employees of the United States Government or of the government of the District of Columbia who had reached the retirement age prescribed for automatic separation from the service on or before July 1, 1932, and who were continued in active service for a period of less than thirty days after June 30, 1932, pursuant to an Executive order issued under authority of section 204 of Part II of the Legislative Appropriation Act, fiscal year 1933, shall be regarded as having been retired and entitled to annuity beginning with the day following the date of separation from active service, instead of from August 1, 1932, and the Administrator of Veterans' Affairs is hereby authorized and directed to make payments accordingly from the civil service retirement and disability fund. |