agency in excess thereof shall be released at such times as the Director shall order. Such determination shall be reported to the Congress each quarter. Sections 2 and 3 of this Act shall cease to be applicable to the employees of such department or agency unless the head thereof shall certify within thirty days from the effective date so prescribed by the Director that the number of employees of his agency does not exceed the number determined by the Director to be required for the proper and efficient exercise of its functions. Any determinations and directions made by the Director under the authority of Public Law 821, Seventy-seventh Congress, are hereby continued in effect until modified by him. The Civil Service Commission is authorized to transfer to other departments and agencies any employees released pursuant to this section whose services are needed in and can be effectively utilized by such other departments or agencies, and the services of these employees are to be utilized by the departments and agencies before additional employees are recruited. Sec. 11, act of May 7, 1943 (57 Stat. 78); 50 U.S. C. App. 1411.

For Public Law 821, Seventy-seventh Congress, supra, see 1627b-2, ante.

1627c-7. War Overtime Pay Act; amounts received not considered as income for certain purposes.-Amounts received as overtime compensation or additional compensation under this Act shall not be considered in determining the amount of a person's annual income or annual rate of compensation for the purposes of paragraph II (a) of part III of Veterans Regulation Numbered 1 (a), as amended, or section 212 of title II of the Act entitled "An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes," approved June 30, 1932, as amended. Sec. 12, act of May 7, 1943 (57 Stat. 78); 50 U.S. C. App. 1412.

For Veterans Regulation Numbered 1 (a), part III, paragraph II (a), supra, see 1140, ante. For section 212, title II, act of June 30, 1932, supra, relating to employment of retired officers of the armed forces, see third paragraph of 315, ante.

1627c-8. War Overtime Pay Act; date effective and date of termination.— This Act shall take effect on May 1, 1943, and shall terminate on June 30, 1945, or such earlier date as the Congress by concurrent resolution may prescribe. Sec. 14, act of May 7, 1943 (57 Stat. 78); 50 U. S. C. App. 1414. Section 6, War Department Civil Appropriation Act of June 26, 1944 (58 Stat. 334), and section 22, Military Appropriation Act of June 28, 1944 (58 Stat. 596), provide that appropriations for overtime pay shall cease to be available if the act of May 7, 1943, supra, is terminated sooner than June 30, 1945.

That 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 measurement, which may be packed, crated, hauled, transported, and unpacked at Government expense: Provided, That no part of such expenses shall 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. Act of Oct. 10, 1940 (54 Stat. 1105); 5 U.S. C. 73c-1.

Appropriations of the executive departments and independent establishments for the fiscal year 1945 available for the transportation of things shall be available, in accordance with the Act of October 10, 1940 (5 U. S. C. 73c-1), for expenses incurred in the transfer of household goods and effects of civilian officers and employees of such departments and establishments when transferred from one official station to another for permanent duty. Sec. 201(b), Independent Offices Appropriation Act of June 27, 1944 (58 Stat. 384).

The second paragraph of the original text of this section was amended as to employees of the State Department only, by an act of April 30, 1940 (54 Stat. 174).

The above provisions are added as new paragraphs. A provision similar to the second paragraph, supra, is contained in Independent Offices Appropriation Act, 1944 (57 Stat. 195). Rules and regulations governing payments pursuant to the first paragraph, supra, were promulgated in Executive Order No. 8588, November 7, 1940, as amended by Executive Order No. 9122, April 6, 1942; No. 9223, August 15, 1942; No. 9348, June 3, 1943.

1630. Actual expenses; permanent change of station.

The first paragraph of this section has been repeated in subsequent appropriation acts. As repeated in Independent Offices Appropriations Acts, 1944 (57 Stat. 194) and 1945 (58 Stat. 384), the word "independent" was inserted before the word "establishments" in the third line thereof.

For payment of travel expense of civilian employees of the War and Navy Departments on change of station during the war, see post, 2204b.

1630a. Actual expenses; travel in general.—* * * Provided, That hereafter 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; and all allowances for mileages and transportation in excess of the amount actually paid, except as above excepted, are hereby 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 provision. * * * Sec. 1, act of Mar. 3, 1875 (18 Stat. 452); 5 U.S. C. 73.

The above provision, omitted from the original text of the Military Laws, is inserted as a new section.

The provisions of this section are modified by 1633, post. Reference should also be made to other statutes respecting travel of particular classes of persons.

The provision of law prescribing the use of vessels of United States registry by employees of the Government traveling overseas (46 U. S. C. 1241) shall not apply to such travel during the fiscal year 1945. Sec. 207, Independent Offices Appropriation Act of June 27, 1944 (58 Stat. 386).

The above provision is added as a new paragraph of this section. A similar provision was contained in section 302, First Supplemental National Defense Appropriation Act, 1944 (57 Stat. 642).

For 46 U. S. C. 1241, mentioned in the text, supra, see the original text of this section. 1632. Actual expenses; limitation to lowest first-class rate.

The Military Appropriation Act of June 28, 1944 (58 Stat. 576) provides for the cost of a compartment or such other accommodations authorized by the Secretary of War for security purposes when secret documents are transported by officer messenger, or when valuable War Department property is transported as hand baggage by personnel of the Military Establishment.

Civilian officers and employees of the departments and establishments, while traveling on official business and away from their designated posts of duty, shall be allowed, in lieu of their actual expenses for subsistence and all fees or tips to porters and stewards, a per diem allowance to be prescribed by the heads of the departments and establishments concerned at a rate not to exceed $6 within the limits of the continental United States, and not to exceed an average of $7 beyond the limits of the continental United States.

Sec. 3, act of June 3, 1926 (44 Stat. 689); sec. 207, Title II, Part II, act of June 30, 1932 (47 Stat. 405); act of Jan. 30, 1942 (56 Stat. 39); 5 U. S. C. 823.

Appropriations for the executive departments and independent establishments for the fiscal year 1945 available for travel expenses shall be available for the payment of per diem allowances in lieu of subsistence expenses without regard to the Subsistence Expense Act of 1926, as amended (5 U. S. C. 821-833), to civilian officers and employees of such departments and establishments while traveling on official business outside the continental limits of the United States and away from their designated posts of duty: Provided, That the amount of such allowances shall be determined by the head of the department or independent establishment concerned or by such official as he may designate for the purpose, but shall in no case, notwithstanding any other provision of law, exceed the maximum established by regulations prescribed by the President for the locality in which the travel is performed: Provided further, That the availability of appropriations of the War and Navy Departments with respect to the foregoing shall not be restricted thereby. Sec. 206, Independent Offices Appropriation Act of June 27, 1944 (58 Stat. 386).

The third paragraph of the original text of this section has been amended as indicated by the first paragraph, supra.

The second paragraph, supra, is added as a new provision of this section. A similar provision was contained in section 301, First Supplemental National Defense Appropriation Act, 1944 (57 Stat. 642).

For per diem of civilian personnel under the Military Establishment on special duty in foreign countries, see 1742, 'post.

The Military Appropriation Act, 1945 (58 Stat. 579), authorized the use of funds for payment of subsistence of supernumeraries necessitated by war conditions. The Naval Appropriation Act, 1945 (58 Stat. 308), contained a similar provision for subsistence of supernumeraries on naval vessels.

Notes of Decisions

In general. Where Government employee, ment for per diem subsistence and traveling on annual leave, was instructed by his superior to discontinue his automobile trip and to attend a hearing in his official capacity, it is held that he was entitled to reimburse

expenses thereby incurred, without deductions. Nelson Thomas v. U. S. (1938), 87 Ct. Cl. 573.

1634. Travel by privately owned automobile, airplane, or motorcycle.— 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 ad

vantageous to the United States. All laws or parts of laws are hereby modified or repealed to the extent the same may be in conflict herewith. Act of Feb. 14, 1931 (46 Stat. 1103); sec. 9, Title II, act of Mar. 3, 1933 (47 Stat. 1516); act of Apr. 25, 1940 (54 Stat. 167); sec. 1, act of Dec. 22, 1944 (58 Stat. 908); 5 U. S. C. 73a.

Appropriations of the executive departments and independent establishments for the fiscal year 1945 shall be available for reimbursement at not to exceed 5 cents per mile to personnel serving without compensation from the United States for expenses of travel performed by them in privately owned automobiles away from their designated posts of duty, and not to exceed 3 cents per mile for such travel within the limits of their official stations. Sec. 208, Independent Offices Appropriation Act of June 27, 1944 (58 Stat. 386).

The first paragraph of this section has been amended as indicated by the first paragraph, supra. Section 2, amendatory act of December 22, 1944, supra, which made the first paragraph applicable to travel by privately owned airplane, provided that the mentioned act was to become effective ninety days after approval by the President.

The second paragraph, supra, is added as a new provision. A similar provision was contained in section 303, First Supplemental National Defense Appropriation Act, 1944 (57 Stat. 642). By section 205, National War Agency Appropriation Act, 1945 (58 Stat. 546), persons serving the Government at $1 per annum are considered as serving without compensation for the purposes of the second paragraph, supra.

1634a. Travel expense, expert accountant, Inspector General's Department. As repeated in the appropriation act for the fiscal year 1941 (54 Stat. 356) this provision is made permanent by inclusion of the word "hereafter"; it has not been repeated in subsequent acts.

The citation "Title I, War Department Appropriation Act of Apr. 9, 1935 (49 Stat. 126); 10 U. S. C. 53", should be eliminated, and "Sec. 1, War Department Appropriation Act of June 13, 1940 (54 Stat. 356); 10 U. S. C. 746" added.

CHAPTER 30

PUBLIC MONEY AND FINANCE

Bureau of the Budget; establishment and du- | Appropriations:

ties, 1641.

General Accounting Office:

Consolidations and transfers, 1647.

Time limit on submission of claims, 1648a. Comptroller General of the United States; appointment and compensation, 1649.

Accounts:

Audit and settlement in general, 1654. Liability of disbursing and certifying officers, 1657a.

Relief of Army disbursing officers, 1657b. Exchange transactions and cashing of checks and other instruments by disbursing officers, 1657c.

War Department accounts:

Pay of the Army, 1662.

Checks; allowance when lost, 1669.

Public money:

Advances:

In general, 1678.

In foreign countries, 1679.

For subscriptions to periodicals, 1680. Collections from Philippine Government,

1687.

Proceeds of sales:

In general; deposit, 1688.

Ice, electric current, and laundry work, 1692.

Disbursing officers:

Designation of deputies, 1700.

Retention of funds, 1702.

Depositaries of public money:

Federal Savings and Loan Insurance Cor

porations, 1706.

Insured banks, 1707a.

National banks, 1708.

Estimates:

For fortifications, 1720.

For printing and binding, 1722.

For support of Signal Corps, 1725a.

For trusses, 1726.

ered, 1744.

Corps of Engineers:

Availability for operation of power boats, 1747.

Consolidation and extension, 1747a. Field Service; availability for personal services, 1748.

Finance Department; consolidation, 1748a.
Finance Service; availability for refund
of erroneous collections, 1748b.
Quartermaster Corps:

Consolidation and extension, 1751b.
Availability for rentals, 1753.

Signal Corps; in general, 1754a.

Service schools; consolidation, 1754b.

Travel expense; chargeable according to date of order, 1755.

Foreign exchange, 1757.

Permanent appropriations:

Unexpended balances, 1761.

Balances carried to surplus funds, 1762.
Repeal act, 1765.

1641. Bureau of the Budget; establishment and duties.

By Part I, Reorganization Plan No. I, transmitted to Congress under authority of section 4, act of April 3, 1939, ante, 888c, and effective July 1, 1939, the Bureau of the Budget was transferred from the Treasury Department to the Executive Office of the President. Its duties are prescribed by Executive Order No. 8248, September 8, 1939.

1647. General Accounting Office; consolidations and transfers.

This section, based on section 310, act of June 10, 1921 (42 Stat. 25); 31 U. S. C. 51, has been eliminated from the Code.

1648a. General Accounting Office; time limit on submission of claims.— That every claim or demand (except a claim or demand by any State, Territory, possession or the District of Columbia) against the United States cognizable by the General Accounting Office under section 305 of the Budget