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1. ADMINISTRATIVE EXPENSES ACT OF 1946

AMENDMENTS AND RELATED STATUTES

A. The Administrative Expenses Act of 1946

(60 Stat. 806)

This act was the result of the enactment of H.R. 6533, 79th ( It was approved on August 2, 1946, as Public Law 600, 79th ( The text of this public law appears in volume 60, Statues & pages 806-811. Its provisions are codified as 5 U.S.C. 302, 50 3109(b), 5701 et seq., 5731 et seq., 7903.

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LEGISLATIVE HISTORY OF PUBLIC LAW 600, 79TH Cong:

1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC

(Page citations are to vol. 92, Congressional Record) H. R. 6533: To authorize certain administrative expenses in t ernment service, and for other purposes. Mr. Manasco;

Comm. Expenditures in the Executive Departments, 5562. Report (H. Rept. 2186), 5955. Amended and passed House, 6166. R to the Senate Committee on Expenditures, 6194. Reported with ments (S. Rept. 1636), 8092. Amended and passed Senate, 9190 concurs in Senate amendment, 10186. Examined and signed. 10495. Presented to the President, 10496. Approved (Public La 10744.

2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPO

LATING TO PUBLIO LAW 600, 79TH CONGRESS

House Report 2186, 79th Congress, 11205.
Senate Report 1636, 79th Congress, 11017.

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 600, 79TH CO

(None found.)

AN ACT To authorize certain administrative expenses in the Government service, and for

other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) under such regulations as the President may prescribe, any civilian officer or employee of the Government who, in the interest of the Government, is transferred from one official station to another, including transfer from one department to another, for permanent duty, shal}, except as otherwise provided herein, when authorized, in the order directing the travel, by such subordinate official or officials of the department concerned as the head thereof may designate for the purpose, be allowed and paid from Government funds the expenses of travel of himself and the expenses of transportation of his immediate family (or a commutation thereof in accordance with the Act of February 14, 1931) and the expenses of transportation, packing, crating, temporary storage, drayage, and unpacking of his household goods and personal effects (not to exceed seven thousand pounds if uncrated or eight thousand seven hundred and fifty pounds if crated or the equivalent thereof when transportation charges are based on cubic measurement): Provided, That advances of funds may be made to the officer or employee in accordance with said regulations under the same safeguards as are required under the Subsistence Expense Act of 1926 (5 U. S. C. 828): Provided further. That the allowances herein authorized shall not be applicable to civilian employees of the War Department and their dependents when transferred under the provisions of section 3 of the Act of June 5, 1942 (50 U. S. C. 763), nor to officers and employees of the Foreign Service, Department of State: Provided further, That no part of such expenses (including those of officers and employees of the Foreign Service, Department of State) shall be allowed or paid from Government funds where the transfer is made primarily for the convenience or benefit of the officer or employee or at his request: Provided further, That in case of transfer from one department to another such expenses shall be payable from the funds of the department to which the officer or employee is transferred.

(b) In lieu of the payment of actual expenses of transportation, packing, crating, temporary storage, dravage, and unpacking of household goods and personal effects, in the case of such transfers between points in continental United States, reimbursement shall be made to the officer or employee on a commuted basis (not to exceed the amount which would be allowable for the authorized weight allowance) at such rates per one hundred pounds as may be fixed by zones in regulations prescribed by the President.

(c) Funds available for travel expenses of civilian officers and employees shall also be available for the expenses of the transportation of their immediate families, and funds available for the transportation of things shall also be available for the transportation of household goods and effects, as authorized by this Act.

Seo. 2. The Act of October 10, 1940 (5'U. S. C. 730–1), relating to allowances for the transportation of household goods, section 5 of the Act of March 4, 1923, as amended (19 U. S. Č. 48), relating to traveling and subsistence expenses of customs officers and employees, the first sentence of section 645 (a) of the Tariff Act of 1930 (19 U. S. C. 1645 (a)), relating to traveling and subsistence expenses of the families of such officers and employees, and other Acts relating to allowances to civilian officers and employees in the executive branch of the Government (except those mentioned in the second proviso clause of section 1 (a) of this Act) on transfer from one official station to another for permanent duty, are hereby repealed.

Sec. 3. The Act of February 14, 1931 (5 M. S. C. 73a), as amended, is further amended to read as follows:

"Civilian officers or employees or others rendering service to the Government shall, under regulations prescribed by the President, and unless otherwise provided in the appropriation concerned or other law, and whenever such mode of transportation is authorized or approved as more advantageous to the Government, be paid in lieu of actual expenses of transportation not to exceed 2 cents per mile for the use of privately owned motorcycles or 5 cents per mile for the use of privately owned automobiles or airplanes when engaged in necessary travel on official trips from their designated posts of duty or places of service, or 2 cents per mile for the use of privately owned motorcycles or 4 cents per mile for the use of privately owned automobiles when used on official business wholly within the limits of their official stations or places of service. In addition to the mileage allowances provided for in this section, there may be allowed reimbursement for the actual cost of ferry fares and bridge, road, and tunnel tolls."

Sec. 4. Until June 30, 1948, when authorized in an appropriation or other Act, appropriations available for travel expenses shall be available for the payment, without regard to the rates authorized by Subsistence Expense Act of 1926, as amended (5 U. S. C. 821833), of per diem allowances in lieu of subsistence expenses to civilian officers and employees of departments while traveling on official business outside continental. 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 concerned or by such subordinates as he may designate for the purpose, but shall in no case exceed the maximum established by regulations prescribed by the President for the locality in which the travel is performed.

Sec. 5. Persons in the Government service employed intermittently as consultants or experts and receiving compensation on a per diem when actually employed basis may be allowed travel expenses while away from their homes or regular places of business, including per diem in lieu of subsistence while at place of such employment, in accordance with the Standardized Government Travel Regulations, Subsistence Expense Act of 1926, as amended (5 U. S. C. 821–833), and the Act of February 14, 1931, as amended by this Act, and persons serving without compensation or at $1 per annum may be allowed,

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while away from their homes or regular places of business, transportation in accordance with said regulations and said Act of February 14, 1931, as so amended, and not to exceed $10 per diem in lieu of subsistence en route and at place of such service or employment unless a higher rate is specifically provided in an appropriation or other Act.

Sec. 6. Section 10 of the Act of March 3, 1933 (5 U. S. C. 73b), is hereby amended to read as follows:

“Sec. 10. Whenever by or under authority of law actual expenses for transportation may be allowed, such allowances shall not exceed the lowest first-class rate by the transportation facility used in such transportation unless it' is certified, in accordance with regulations prescribed by the President, that lowest first-class accommodations are not available or that use of a compartment or such other accommodations as may be authorized or approved by the head of the agency concerned or such subordinates as he may designate, is required for purposes of security.”

SEC. 7. Appropriations for the departments shall be available, in accordance with regulations prescribed by the President, for expenses of travel of new appointees, expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects from places of actual residence at time of appointment to places of employment outside continental United States, and for such expenses on return of employees from their posts of duty outside continental United States to the places of their actual residence at time of assignment to duty outside the United States: Provided, That such expenses shall not be allowed new appointees unless and until the person selected for appointment shall agree in writing to remain in the Government service for the twelve months following his appointment, unless separated for reasons beyond his control. In case of a violation of such agreement any moneys expended by the United States on account of such travel and transportation shall be considered as a debt due by the individual concerned to the United States. This section shall not apply to appropriations for the Foreign Service, State Department.

SEC. 8. In purchasing motor-propelled or animal-drawn vehicles or tractors, or road, agricultural, manufacturing, or laboratory equipment, or boats, or parts, accessories, tires, or equipment thereof, or any other article or item the exchange of which is authorized by law, the head of any department or his duly authorized representative may exchange or self similar items and apply the exchange allowances or proceeds of sales in such cases in whole or in part payment therefor: Provided, That any transaction carried out under the authority of this section shall be evidenced in writing.

Sec. 9. (a) Section 3709 of the Revised Statutes of the United States is hereby amended to read as follows:

“Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Government may be made or entered into only after advertising a sufficient time previously for proposals, except (1) when the amount involved in any one case does not exceed $100, (2) when the public exigencies require the immediate delivery of the articles or performance of the service, (3) when only one source of supply is available and the Government purchasing or contracting officer shall so certify, or (4) when the services are required to be performed by the contractor in person and are (A) of a technical and professional nature or (B) under Government supervision and paid for on a time basis. Except (1) as authorized by section 29 of the Surplus Property Act of 1944 (50 U. S. C. App. 1638), (2) when otherwise authorized by law, or (3) when the reasonable value involved in any one case does not exceed $100, sales and contracts of sale by the Government shall be governed by the requirements of this section for advertising."

(b) Exemptions from section 3709, Revised Statutes, in other law in amounts of $100 or less are hereby repealed.

(c) In the case of wholly owned Government corporations, this section shall apply to their administrative transactions only.

Sec. 10. Whenever a department is authorized by law to hold hearings and to subpena witnesses for appearance at said hearings, witnesses summoned to and attending such hearings shall be entitled to the same fees and mileage, or expenses in the case of Government officers and employees, as provided by law for witnesses attending in the United States courts.

SEC. 11. The first sentence of section 3648 of the Revised Statutes (31 U.S. C. 529) is hereby amended to read as follows:

“No advance of public money shall be made in any case unless authorized by the appropriation concerned or other law.”

Sec. 12. 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 3683 of the Revised Statutes (31 U. S. C. 675) to direct the purchase of articles from contingent funds; and (3) the authority vested in him by section 3828, Revised Statutes (44 U.S. C. 324), to authorize the publication of advertisements, notices or proposals.

Sec. 13. Appropriations available for the procurement of supplies and material or equipment shall be available for the purchase and maintenance of special clothing and equipment for the protection of personnel in the performance of their assigned tasks.

Sec. 14. The head of each department is authorized, under such rules and regulations as the President may prescribe, to pay cash awards to civilian officers and employees (or to their estates) who make meritorious suggestions which will result in improvement or economy in the operations of his department and which have been adopted for use and to incur necessary expenses for the honorary recognition of excep- ; tional or meritorious service: Provided, That no award shall be paid to any officer or employee for any suggestion which represents a part of the normal requirements of the duties of his position. With the exception of the War and Navy Departments, the amount of any one award shall not exceed $1,000 and the total of cash awards paid during any fiscal year in any department shall not exceed $25,000.' Payments may be made from the appropriation for the activity primarily benefiting or may be distributed among appropriations for activities benefiting as the head of the department determines. A cash award shall be in addition to the regular compensation of the recipient and the acceptance of such cash award shall constitute an agreement that the use by the United States of the suggestion for which the award is made

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