§ 73b-1 or by the immediate familes of such officers and employees when circumstances prevent the officers and employees from designating such locations or when it is administratively impracticable to determine the intent of the officers or employees in this respect: Provided, That if such location designated by either the officers or employees or their immediate families is within an area to which such movement is prohibited for the aforesaid reasons, an alternate location may be designated by either the officers or employees concerned or their immediate families: And provided further, That such immediate families and household goods may later be transported at Government expense from the designated location or alternate location authorized in this subsection to a duty station to which the officers or employees concerned are assigned, and to which the above restrictions do not apply. (Aug. 2, 1946, ch. 744, § 1, 60 Stat. 806, amended July 26, 1947, ch. 343, Title II, § 205 (a), 61 Stat. 501; Sept. 23, 1950, ch. 1010, §§ 1, 3(b), 64 Stat..)

References in text.-The Foreign Service Act of 1946 referred to in text of subsection (a) is classified to sections 801-1204 of Title 22, Foreign Relations and Intercourse.

1950 Amendments.-Subsec. (a) amended by Act Sept. 23, 1950, §§ 1 (a) (b), 3(b), cited to text, to allow payment of expenses when authorized or approved by officials of the department instead of requiring authorization in the orders directing travel, to omit a reference to repealed provisions in second proviso, and to add fifth proviso allowing the same expenses and imposing the same limitations for officers and employees transferred outside the United States as for new appointees.

Subsec. (d) added to Act Sept. 23, 1950, § 1(e), cited to text.

Effective date.-Section 20 of Act Aug. 2, 1946, cited to text, provided that this section shall become effective on the first day of the third calendar month following its enactment.

Change of name.-The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of Act July 26, 1947, cited to text.

Short title. By section 21 of Act Aug. 2, 1946, cited to text, as added by Act Sept. 23, 1950, 4, cited to text, Congress provided that said Act Aug. 2, 1946, sections 22a, 55a, 73b to 73b-4, 77, 78, 95a, 116a, 118g, and former sections 73a and 118d of this title, section 1645 of Title 19, section 529 of Title 31, section 5 of Title 41, and section 321 of Title 44, should be popularly known as the "Administrative Expenses Act of 1946.''

Validation of payments made by disbursing officers prior to May 12, 1948.-Act May 12, 1948, ch. 284, 62 Stat. 231, provided: "That payments heretofore made by disbursing officers covering the cost of shipment of household effects of civilian employees of the Government of the United States made under orders directing permanent change of station of said employees where such shipments were made from the last permanent-duty station of said employees or from some other place, to some place other than the new permanent-duty station of such employees, are hereby validated, if otherwise proper, and such employees shall be relieved of indebtedness to the United States on account of such shipments to the extent that such payments do not exceed the cost which would have been properly borne by the United States for such shipments under laws and regulations in effect at the time of such shipments, had such shipments been made from the old to the new permanent-duty station of such employees: Provided, That in any case where a civilian employee has made refundment to the United States on account of payments herein validated, reimbursement of the amount so refunded is hereby authorized to be made to such employee on the presentation of a claim therefor to the General Accounting Office: Provided further, That employees who paid the carriers the amount due covering the shipment of their household effects shall be entitled to reimbursement of so much of the amount expended, if otherwise proper, as does not exceed the cost of such shipment from the old to the new permanent-duty station upon presentation of a claim therefor to the General Accounting Office: And provided further, That amounts due deceased persons or persons determined to be mentally incompetent shall be paid to the extent herein provided upon presentation of a claim therefor to the General Accounting Office by their heirs or personal repre

OFFICERS AND EMPLOYEES

Chapter 1.-PROVISIONS APPLICABLE TO DEPARTMENTS
AND OFFICERS GENERALLY

§ 3. Salaries of heads of executive departments.-The rate of basic compensation of the heads of executive departments who are members of the President's Cabinet shall be $22,500 per annum each. (As amended Oct. 15, 1949, ch. 695, § 1, 63 Stat. —.)

1949 amendment.-Act Oct. 15, 1949, cited to text, amended section by increasing the basic rate of compensation from $15,000 to $22,500 per annum.

Effective date.-Section 9 of Act Oct. 15, 1949, cited to text, provided that: "This Act shall take effect on the first day of the first pay period which begins after the date of enactment of this Act [Oct. 15. 1949]."

Appropriations for payment of increased salaries. Section 7 of Act Oct. 15, 1949, cited to text, provided that: "The applicable appropriation for the fiscal year ending June 30, 1950, shall be available for payment of compensation at the rate established for any position by or pursuant to this Act unless it is specifically provided that such appropriation shall not be available for such purpose.

Absorption of increased compensation costs.-Section 8 of Act Oct. 15, 1949, cited to text, provided that: "The head of each department or independent agency in the executive branch of the Government, having personnel subject to the provisions of this Act, is authorized and directed to absorb the increased costs during the fiscal year 1950 resulting from the enactment of this Act within any unobligated or unexpended balances in appropriations available to such department or independent agency. This section shall not apply to any agency with respect to which the Director of the Bureau of the Budget shall certify that absorption of such increased costs would impair the proper performance of its functions.' ""

§ 21a. Affidavit by appointed officers; no consideration paid for appointment. Each individual appointed after Dec. 11, 1926, as a civil officer of the United States by the President, by and with the advice and consent of the Senate, or by the President alone, or by a court of law, or by the head of a department, shall, within thirty days after the effective date of his appointment, file with the oath of office required by section 16 of this title an affidavit stating that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing such appointment. (Dec. 11, 1926, ch. 4, § 1, 44 Stat. 918, amended Mar. 2, 1927, ch. 284, 44 Stat. 1346; Sept. 23, 1950, ch. 1010, § 10, 64 Stat. —.)

1950 amendment.-Section amended by Act Sept. 23, 1950, cited to text, to provide for filing of affidavit with the oath of office required by section 16 of this title instead of with the Comptroller General.

Cross references.-Oath of office to be filed with the agency to which the office appertains, see section 21 of this title.

§ 22. Departmental regulations

EXECUTIVE ORDER NO. 9980

JULY 27, 1948, 13 F.R. 4311

REGULATIONS GOVERNING FÁIR EMPLOYMENT PRACTICES WITHIN

THE FEDERAL ESTABLISHMENT

1. All personnel actions taken by Federal appointing officers shall be based solely on merit and fitness; and such officers are authorized and directed to take appropriate steps to insure that in all such actions there shall be no discrimination because of race, color, religion, or national origin.

2. The head of each department in the executive branch of the Government shall be personally responsible for an effective program to insure that fair employment policies are fully observed in all personnel actions within his department.

3. The head of each department shall designate an official thereof as Fair Employment Officer. Such Officer shall be given full operating responsibility, under the immediate supervision of the department head, for carrying out the fair-employment policy herein stated. Notice of the appointment of such Officer shall be given to all officers and employees of the department. The Fair Employment Officer shall, among other things

(a) Appraise the personnel actions of the department at regular intervals to determine their conformity to the fair-employment policy expressed in this

order.

(b) Receive complaints or appeals concerning personnel actions taken in the department on grounds of alleged discrimination because of race, color, religion, or national origin.

(c) Appoint such central or regional deputies, committees, or hearing boards, from among the officers or employees of the department, as he may find necessary or desirable on a temporary or permanent basis to investigate, or to receive, complaints of discrimination.

(d) Take necessary corrective or disciplinary action, in consultation with, or on the basis of delegated authority from, the head of the department.

4. The findings or action of the Fair Employment Officer shall be subject to direct appeal to the head of the department. The decision of the head of the department on such appeal shall be subject to appeal to the Fair Employment Board of the Civil Service Commission, hereinafter provided for.

5. There shall be established in the Civil Service Commission a Fair Employment Board (hereinafter referred to as the Board) of not less than seven persons, the members of which shall be officers or employees of the Commission. The Board shall

(a) Have authority to review decisions made by the head of any department which are appealed pursuant to the provisions of this order, or referred to the Board by the head of the department for advice, and to make recommendations to such head. In any instance in which the recommendation of the Board is not promptly and fully carried out the case shall be reported by the Board to the President, for such action as he finds necessary.

(b) Make rules and regulations, in consultation with the Civil Service Commission, deemed necessary to carry out the Board's duties and responsibilities under this order.

(c) Advise all departments on problems and policies relating to fair employment.

(d) Disseminate information pertinent to fair-employment programs.

(e) Coordinate the fair-employment policies and procedures of the several departments.

(f) Make reports and submit recommendations to the Civil Service Commission for transmittal to the President from time to time, as may be necessary to the maintenance of the fair-employment program.

6. All departments are directed to furnish to the Board all information needed for the review of personnel actions or for the compilation of reports.

7. The term "department" as used herein shall refer to all departments and agencies of the executive branch of the Government, including the Civil Service Commission. The term "personnel action, as used herein, shall include failure to act. Persons failing of appointment who allege a grievance relating to discrimination shall be entitled to the remedies herein provided.

8. The means of relief provided by this order shall be supplemental to those provided by existing statutes, Executive orders, and regulations. The Civil Service Commission shall have authority, in consultation with the Board, to make such additional regulations, and to amend existing regulations, in such manner as may be found necessary or desirable to carry out the purposes of this order. 822a. Delegation of powers and authority to subordinate officials.The head of any department may delegate to subordinate officials (1) the power vested in him by law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his department; (2) the authority vested in him by section 675 of title 31 to direct the purchase of articles from contingent funds; and (3) the authority vested in him by section 324 of title 44, to authorize the publication of advertisements, notices or proposals. (Aug. 2, 1946, ch. 744, § 12, 60 Stat. 809.)

§ 26a. Repealed. June 30, 1945, ch. 212, title VI, § 604 (c), 59 Stat. 303.

Section, Act Mar. 3, 1931, ch. 396, 46 Stat. 1482, provided for Saturday half holidays.

Section was suspended by the following acts: Dec. 22, 1942, ch. 798, § 3, 56 Stat. 1069, eff. Dec. 1, 1942; May 7, 1943, ch. 93, 6, 57 Stat. 77, set out as section 1405 of appendix to title 50; and the following executive orders: No. 8816, July 5, 1941, 6 F. R. 3265; No. 8876, Aug. 30, 1941, 6 F. R. 171; No. 9018, Jan. 12, 1942, 7 F. R. 238.

829. Repealed. June 30, 1945, ch. 212, Title VI, § 604 (c), 59 Stat, 303.

Act Oct. 21, 1940, ch. 903, 54 Stat. 1205; Act June 3, 1941, ch. 168, 55 Stat. 241; Res. July 3, 1942, ch. 482, 56 Stat. 645, amended by Act Oct. 2, 1942, ch. 577, 56 Stat. 765; Res. Dec. 22, 1942, ch. 798, 56 Stat. 1068, providing for overtime compensation for all civilian employees of the United States Government, including employees of the Panama Canal Zone, expired Apr. 30, 1943.

Validation of payments in excess of maximum compensation.-Act Dec. 7, 1944, ch. 520, 58 Stat. 796, as amended Aug. 8, 1946, ch. 872, 60 Stat. 923, provided: "That employees or former employees of the United States who were in the purview of Public Law 821, Seventy-seventh Congress, approved Dec. 22, 1942 Res. Dec. 22, 1942, ch. 798, 56 Stat. 1068, (set out as a note under this section)] which law was in effect from Dec. 1, 1942, to Apr. 30, 1943, and which limited the overtime compensation of any employee to an amount which 'will not cause his aggregate compensation to exceed a rate of $5,000 per annum', (1) are hereby relieved of liability to repay to the United States any amounts received by them for any pay period which were in excess of the maximum compensation to which they were entitled for such period under the provisions of said Public Law 821 and (2) shall be entitled to refunds of any such amounts that they have repaid to the United States: Provided, That in no case shall there be validated aggregate payment to an employee in excess of six-twelfths of $5,000.”

§ 30. Leaves of absence; annual leave; sick leave.

Leave to attend funerals of deceased veterans returned to United States for burial.-Act Aug 16, 1949, ch. 441, 63 Stat. 608, provided: "That employees in the executive branch of the Government who are veterans of the Spanish-American War, World War I, or World War II may be excused from duty, without loss of pay or deduction from their annual leave, for such time as may be necessary, but not in excess of four hours in any one day, to enable them to participate as active pall-bearers or as members of firing squads or guards of honor in funeral ceremonies for members of the armed forces of the United States who lost their lives in World War II and whose remains are returned from abroad for final interment in the United States."

§ 30b-1. Same; part-time employees.-Part-time officers and employees for whom there has been established a regular tour of duty covering not less than five days in any administrative workweek shall, unless otherwise excepted, be entitled to the benefits pro rata of sections 30b and 30c-30% of this title, and section 1157 of appendix to Title 50, and such Acts are hereby amended accordingly. (Oct. 5, 1949, ch. 598, § 1, 63 Stat. 703.)

Validating prior payments.-Section 2 of Act Oct. 5, 1949, cited to text, provided that: "Any person who prior to the enactment of this Act [this section] received any amount the payment of which is authorized for the first time by this Act [this section] is hereby relieved of all liability to refund to the United States any such amount."

§ 30n-1. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948.

Section, Act Oct. 14, 1941, ch. 436, 55 Stat. 737, relating to government employees absent as witnesses in certain cases, is covered by section 1823 of new Title 28, Judiciary and Judicial Procedure.

§ 32. Repealed. Aug. 7, 1946, ch. 770, § 1 (1), 60 Stat. 866.

Section codified from Act Mar. 3, 1893, ch. 211, §5 (par. 4), 27 Stat. 715, as amended by Act Mar. 15, 1898, ch. 68, § 7, 30 Stat. 316.

§ 46. Employees in District of Columbia; payment for services.No civil officer, clerk, draughtsman, copyist, messenger, assistance messenger, mechanic, watchman, laborer, or other employee shall be employed in any of the executive departments, or subordinate bureaus or offices thereof at the seat of government, except for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services. (Aug. 5, 1882, ch. 389, § 4, 22 Stat. 255 amended Sept. 23, 1950, ch. 1010, § 7 (b), 64 Stat. -)

1950 amendment.-Act Sept. 23, 1950, cited to text, repealed provisions of this section prohibiting employment of personal services at the seat of government unless specifically authorized in the appropriation concerned.

§ 46b. Credit disallowed for payment; withholding compensation.Hereafter, whenever upon the statement of the account of any disbursing or certifying officer of the United States in the General Accounting Office credit shall have been disallowed or a charge raised 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 shall be withheld, in part or in whole, 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 existing laws relating to the collection of the indebtedness of accountable, certifying or disbursing officers. (May 26, 1936, ch. 452, 49 Stat. 1374, amended Aug. 3, 1950, ch. 515, 64 Stat. 393).

1950 amendment.-Act Aug. 3, 1950, cited to text, amended section to authorize heads of departments and agencies to withhold compensation due and payable to officers and employees who have received improper payments of Government funds, for which a certifying officer is held responsible.

§ 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 service shall be without regard to the civil-service and classification laws (but as to agencies subject to sections 661-663, 664-673, and 674 of this title 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. (Aug. 2, 1946, ch. 744, § 15, 60 Stat. 810.)

Persons exempted from application of this section, see note under section 73a of this title.

Travel expenses of consultants or experts, see section 73b-2 of this title.

861a-1. Employment during terminal leave from armed forces(a) Payment of pay and allowances due from armed forces in addition to regular compensation.-Any person, who, subsequent to May 1,