8852 the United States during any war, or in any campaign or expedition (for which a campaign badge has been authorized), or of serviceconnected permanently and totally disabled ex-servicemen or exservicewomen who were separated from such Armed Forces under honorable conditions if

(A) the father is totally and permanently disabled, or

(B) the mother was widowed, divorced, or separated from the father and

(1) has not remarried, or

(2) has remarried but (i) her husband is totally and permanently disabled or (ii) she is divorced or legally separated from her husband or such husband is dead at the time preference is claimed. (June 27, 1944, ch. 287, § 2, 58 Stat. 387, amended July 26, 1947, ch. 343, Title II, § 205(a), 61 Stat. 501; Jan. 19, 1948, ch. 1, 62 Stat. 3; July 2, 1948, ch. 816, 62 Stat. 1233; Aug. 26, 1949, ch. 513, 63 Stat. 666; Dec. 27, 1950, ch. 1151, § 1, 64 Stat.-.)

Amendments.-Act Aug. 26, 1949, cited to text, amended section to permit mothers and widows who acquire veterans' preference eligibility under this chapter and then lose such preference by reason of remarriage, to regain the preference after divorce or legal separation following such remarriage.

Act July 2, 1948, cited to text, amended section to clarify the fact that to receive a mothers'-veterans' preference the widow mother need not be the mother of an only ex-serviceman son or ex-service-woman daughter, and that the mother need not be a divorcee or be "legally" separated but that she may be a divorcee or legally separated, but she must not have remarried.

Act Jan. 19, 1948, cited to text, amended section by adding subdivisions (5) and (6) which will extend veterans' preference to widowed mothers of ex-service personnel (if they have not remarried and were widows at the time of the death or disability of said ex-service personnel) thus granting such widowed mothers an additional credit to earned ratings in examinations.

Short title.-Section 1 of Act June 27, 1944, cited to text, provided: "That this Act [sections 851-869 of this title] may be cited as the 'Veterans' Preference Act of 1944.''

Separability provisions.-Section 21 of Act June 27, 1944, cited to text, provided: "If any part of this Act [sections 851-869 of this title] shall be found to be unconstitutional, the rest of it shall be considered as in full force and effect.'' Mustering-out pay for veterans, see sections 691-691g of Title 38, Pensions, Bonuses, and Veterans' Relief.

Readjustment of servicemen to civilian life, see sections 693-697d, 697f and 697g of Title 38, Pensions, Bonuses, and Veterans' Relief.

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.

§ 852. Examinations; earned ratings; additional credit. In all examinations to determine the qualifications of applicants for entrance into the service ten points shall be added to the earned ratings of those persons included under section 851 (1), (2), (3), and (5) of this title, and five points shall be added to the earned ratings of those persons included under section 851 (4) of this title: Provided, That in examinations for the positions of guards, elevator operators, messengers, and custodians competition shall be restricted to persons entitled to preference under this chapter as long as persons entitled to preference are available and during the present war and for a period of five years following the termination of the present war as proclaimed by the President or by a concurrent resolution of the Congress for such other positions as may from time to time be determined by the President. (June 27, 1944, ch. 287, § 3, 58 Stat. 388, amended Jan. 19, 1948, ch. 1,

§ 2, 62 Stat. 3; Dec. 27, 1950, ch. 1151, § 2(a), 64 Stat.-.)

1948 Amendment.-Act Jan. 19, 1948, cited to text, made a clarifying amendment to section by inserting “(5) and (6)"' following "851(1), (2), (3),' to accommodate addition of said subdivisions (5) and (6) to section 851 of this title. Termination of war and emergencies.-Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941.

Cross references. Separability provisions, see note under section 851 of

this title.

§ 859. Periodic examinations by Civil Service Commission.-The Civil Service Commission is authorized and directed to hold an examination, during the next succeeding quarterly period, for any position to which any appointment has been made within the preceding three years, for any person included under section 851 (1), (2), (3), and (5) of this title upon application for examination for any such position. (June 27, 1944, ch. 287, § 10, 58 Stat. 390, amended Jan. 19, 1948, ch. 1, § 3, 62 Stat. 3; 1949 Reorg. Plan No. 5, eff. Aug. 19, 1949, 14 F. R. 5227, 63 Stat. 1067; Dec. 27, 1950, ch. 1151, § 2 (b), 64 Stat. -.)

§ 863. Discharge, suspension, etc., only for cause; reason in writing; advance notice; personal appearance; findings and recommendations. No permanent or indefinite preference eligible, who has completed a probationary or trial period employed in the civil service, or in any establishment, agency, bureau, administration, project, or department, hereinbefore referred to shall be discharged, suspended for more than thirty days, furloughed without pay, reduced in rank or compensation, or debarred for future appointment except for such cause as will promote the efficiency of the service and for reasons given in writing, and the person whose discharge, suspension for more than thirty days, furlough without pay, or reduction in rank or compensation is sought shall have at least thirty days' advance written notice (except where there is reasonable cause to believe the employee to be guilty of a crime for which a sentence of imprisonment can be imposed), stating any and all reasons, specifically and in detail, for any such proposed action; such preference eligible shall be allowed a reasonable time for answering the same personally and in writing, and for furnishing affidavits in support of such answer, and shall have the right to appeal to the Civil Service Commission from an adverse decision of the administrative officer so acting, such appeal to be made in writing within a reasonable length of time after the date of receipt of notice of such adverse decision: Provided, That such preference eligible shall have the right to make a personal appearance, or an appearance through a designated representative, in accordance with such reasonable rules and regulations as may be issued by the Civil Service Commission; after investigation and consideration of the evidence submitted, the Civil Service Commission shall submit its findings and recommendations to the proper administrative officer and shall send copies of the same to the appellant or to his designated representative, and it shall be mandatory for such administrative officer to take such corrective action as the Commission finally recommends: Provided further, That the Civil Service Commission may declare any such preference eligible who may have been dismissed

or furloughed without pay to be eligible for the provisions of section 864 of this title. (June 27, 1944 ch. 287, § 14, 58 Stat. 390, amended Aug. 4, 1947, ch. 447, 61 Stat. 723.)

Act Aug. 4, 1947, cited to text, amended section by granting preference eligibles the right to make personal appearances in presenting evidence in their behalf and giving the commission full force and effect.

Separability provisions, see note set out under section 851 of this title.

§868. Enforcement of rules and regulations by Commission.-It shall be the authority and duty of the Civil Service Commission in all cases under the classified civil service to make and enforce appropriate rules and regulations to carry into full effect the provisions, intent, and purpose of this chapter and such Executive orders as may be issued pursuant thereto and in furtherance thereof: Provided, That any recommendation by the Civil Service Commission, submitted to any Federal agency, on the basis of the appeal of any preference eligible, employee or former employee, shall be complied with by such agency. (June 27, 1944, ch. 287, § 19, 58 Stat. 391, amended June 22, 1948, ch. 604, 62 Stat. 575.)

1948 Amendment.-Act June 22, 1948, cited to text, amended section by adding proviso to compel compliance by other agencies of findings of Civil Service Commission on appeal.

Separability Provisions.-Separability provisions, see note set out under sec tion 851 of this title.

Chapter 18.-FEDERAL EMPLOYEES PAY PROVISIONS

COVERAGE AND EXEMPTIONS

§ 901. Coverage of employees. (a) Subject to the exemptions specified in section 902 of this title, subchapters II and III of this chapter shall apply (1) to all civilian officers and employees in or under the executive branch, of the Government, including Government-owned or controlled corporations, and in or under the District of Columbia municipal government, and (2) to those officers and employees of the judicial branch of the Government, the Library of Con gress, the Botanic Garden, and the Office of the Architect of the Capitol who occupy positions subject to sections 661-663, 664-669, 670-672, 673, and 674 of this title.

(b) Sections 663, 667, 672a, and 673 of this title shall apply to officers and employees who occupy positions subject to sections 661663, 664-669, 670–672, 673, and 674 of this title.

(c) Subject to the exemptions specified in section 902 of this title, subchapter IV of this chapter shall apply to officers and employees in or under the legislative or the judicial branch of the Government whose compensation is not fixed in accordance with sections 661-663, 664-669, 670-672, 673, and 674 of this title, and to the official reporters of proceedings and debates of the Senate and their employees.

(d) Subject to the exemptions specified in section 902 of this title, subchapter V of this chapter (containing miscellaneous provisions) shall apply to civilian officers and employees of the Government according to the terms thereof.

(e) All provisions of sections 84, 663, 667, 672a, 673 of this title, and this chapter applicable to the executive branch of the Government shall be applicable to the General Accounting Office. (June 30, 1945, c. 212, Title I, § 101, 59 Stat. 295.)

Short title.-Section 1 of Act June 30, 1945, cited to text, provided: "That this Act [sections 84, 663, 667, 672a, 673 of this title, and this chapter] may be cited as the 'Federal Employees Pay Act of 1945'."'

Appropriations. Section 609 of Act June 30, 1945, cited to text, provided: "There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [sections 84, 663, 667, 672a, 673 of this title, and this chapter]."

Effective date. Section 610 of Act June 30, 1945, cited to text, provided: "This Act [sections 84, 663, 667, 672a, 673 of this title, and this chapter] shall take effect on July 1, 1945.''

§ 902. Exemptions from coverage; definition.-(a) Sections 84, 663, 667, 672a, 673 of this title, and this chapter shall not apply to (1) elected officials; (2) Federal judges; (3) heads of departments or of independent establishments or agencies of the Federal Government, including Government-owned or controlled corporations: (4) employees of the District of Columbia municipal government whose compensation is fixed by the Teachers' Salary Act of June 4, 1924, as amended; (5) officers and members of the Metropolitan Police or of the Fire Department of the District of Columbia; and (6) student nurses, medical or dental interns, residents-in-training, student dietitians, student physical therapists, and student occupational therapists, assigned or attached to a hospital, clinic, or medical or dental laboratory operated by any department, agency, or instrumentality of the Federal Government, or by the District of Columbia, and any other student-employees, assigned or attached to any such hospital, clinic, or laboratory primarily for training purposes, who may be designated by the head of such department, agency, or instrumentality, or by the Commissioners of the District of Columbia, as the case may be, with the approval of the Civil Service Commission. As used in this subsection the term "elected officials" shall not include officers elected by the Senate or House of Representatives who are not members of either body

(b) Sections 84, 663, 667, 672a, 673 of this title, and this chapter, except section 947 of this title, shall not apply to (1) officers and employees in the field service of the Post Office Department; (2) employee outside the continental limits of the United States, including those in Alaska, who are paid in accordance with local native prevailing wage rates for the area in which employed; (3) officers and employees of the Inland Waterways Corporation; (4) officers and employees of the Tennessee Valley Authority; (5) individuals to whom the provisions of section 1291 (a) of Appendix to Title 50, are applicable; and (6) officers and members of the United States Park Police and the White House Police.

(c) Sections 84, 663, 667, 672a, 673 of this title, and this chapter, except sections 913 and 947 of this title, shall not apply to employees whose basic compensation is fixed and adjusted from time to time in accordance with prevailing rates by wage boards or similar administrative authority serving the same purpose.

(d) Sections 84, 663, 667, 672a, 673 of this title and this chapter except sections 946 and 947 of this title, shall not apply to employees of the Transportation Corps of the Army of the United States on vessels operated by the United States, to vessel employees of the Coast and Geodetic Survey, to vessel employees of the Department of the Interior, or to vessel employees of the Panama Railroad Company.

(June 30, 1945, ch. 212, Title I, § 102, 59 Stat. 296, as amended May 24, 1946, ch. 270, § 8(a), 60 Stat. 218; Aug. 4, 1947, ch. 452, § 1, 61 Stat. 727.)

References in text.-Teachers' Salary Act of June 4, 1924, as amended, referred to in text was formerly set out as sections 31-109, 31-119, 31-601 to 31-606, 31-610, 31-617 to 619, 31-621 and 31-626 to 31-629 of the 1940 District of Columbia Code.

1947 Amendment.-Subsec. (a) amended by Act Aug. 4, 1947, cited to text, which added par. (6) relating to student nurses, interns, etc., assigned to Federal and District of Columbia hospitals, clinics, or laboratories.

1946 Amendment.-Subsec. (d) amended by Act May 24, 1946, cited to text, which inserted "to vessel employees of the Department of the Interior".

Effective date.-Effective date of Act May 24, 1946, cited to text, see note set out under section 672b of this title.

Effective date of Act June 30, 1945, cited to text, see note set out under section 901 of this title.

Cross References.-Compensation of federal judges, see sections 5, 44, 135, 173, 213, and 252 of Title 28, Judiciary and Judicial Procedure; and sections 101, 641, 863, 1348, 1350, 1392a of Title 48, Territories and Insular Possessions.

Compensation of officers and employees of the Tennessee Valley Authority, see sections 831a, 831b of Title 16, Conservation.

Compensation of White House police force, see section 204 of Title 3, The President.

COMPENSATION FOR OVERTIME

§ 911. Payment of overtime; time and one-half rate; computation schedule of rates.-Officers and employees to whom this subchapter applies shall, in addition to their basic compensation, be compensated for all hours of employment, officially ordered or approved, in excess of forty hours in any administrative workweek, at overtime rates as follows:

(a) For employees whose basic compensation is at a rate less than $2,980 per annum, the overtime hourly rate shall be one and one-half times the basic hourly rate of compensation: Provided, That in computing such overtime compensation for per annum employees, the basic hourly rate of compensation shall be determined by dividing the per annum rate by two thousand and eighty.

(b) For employees whose basic compensation is at a rate of $2,980 per annum or more, the overtime hourly rate shall be in accordance with and in proportion to the following schedule: