« PreviousContinue »
of duty in the Virgin Islands. The Secretary of the Interior is further authorized to furnish to persons appointed from the continental United States and employed in the service of the United States in the Virgin Islands free transportation from the post of duty to a port in the continental United States and return for the purpose of iaking leave, but not more frequently in the case of any persons than once during each two-year period of service.
The Secretary of the Interior is further authorized to provide free transportation of the bodies of deceased persons formerly appointed from the continental United States for employment in the service of the United States in the Virgin Islands, from the post of duty previously held in the Virgin Islands to such destination in the continental United States as may be requested by the deceased person's nearest relatives and/or friends. (June 5, 1936, ch. 526, 49 Stat. 1483.)
Repeal.-Insofar as the provisions of this section relating to subsistence may conflict with those of sections 821–833 of this title, they were repealed by section 829 of this title.
$ 74. Expenses for subsistence; traveling on duty. Increase in per diem.—Under the authority of section 823 of this title per diem allowances are not to be in excess of $6 per day within the continental limits of the United States, and an average of $7 per day beyond the continental limits. Section 827 of this title expressly repeals any laws inconsistent with section 823 of this title.
Repeal.-Insofar as the provisions of this section relating to subsistence may conflict with those of sections 821-833 of this title, they were repealed by section 829 of this title.
$ 77. Display of department name or branch of service on government motor vehicles in District of Columbia.-All motor vehicles acquired and used for official purposes of the departmental service in the District of Columbia shall have conspicuously imprinted thereon at all times the full name of the executive department or other branch of the public service to which the same belong and in the service of which the same are used. (As amended Aug. 2, 1946, ch. 744, § 16 (b), 60 Stat. 810.
Art Aug 2, 19946. cited to text, repealed second paragraph of section 3 of act Mar. 18, 1904, 33 Stat. 142, which is now covered by section 78 of this title.
§ 77a. Restrictions on use of government owned or leased motor vehicles; exceptions; definition.
Section, acts June 27, 1944, ch. 286, Title II, § 202 (b), 58 Stat. 385, May 3, 1945, ch. 106, title II, § 202 (b), 59 Stat. 132; Mar. 28, 1946, ch. 113, title II, § 202 (b), 60 Stat. 79, omitted, as its provisions are now covered by section 78 (c) of this title.
$ 78. Restrictions on purchase, operation, use and maintenance of passenger motor vehicles and aircraft-Purchase or hire of vehicles.-(a) Unless specifically authorized by the appropriation concerned or other law, no appropriation shall be expended to purchase or hire passenger motor vehicles for any branch of the Government other than those for the use of the President of the United States, the secretaries to the President, or the heads of the executive departments enumerated in section 1 of this title. Act Aug. 2, 1946, cited to text, amended section generally.
(b) Aircraft.—Excepting appropriations for the Military and Naval Establishments, no appropriation shall be available for the
purchase, maintenance, or operation of any aircraft unless specific author
ity for the purchase, maintenance, or operation thereof has been or is provided in such appropriation.
(c) Maximum purchase price of vehicle; use for official purposes; penalties.-Unless otherwise specifically provided, no appropriation available for any department shall be expended
(1) to purchase any passenger motor vehicle (exclusive of busses, ambulances, and station wagons), at a cost, completely equipped for operation, and including the value of any vehicle
exchanged, in excess of the maximum price therefor, if any, established pursuant to law by a Government agency and in no event more than such amount as may be specified in an appropriation or other Act, which shall be in addition to the amount required for transportation;
(2) for the maintenance, operation, and repair of any Governmentowned passenger motor vehicle or aircraft not used exclusively for official purposes; and “official purposes” shall not include the transporta
; tion of officers and employees between their domiciles and places of employment, except in cases of medical officers on out-patient medical service and except in cases of officers and employees engaged in field work the character of whose duties makes such transportation necessary and then only as to such latter cases when the same is approved by the head of the department concerned. Any officer or employee of the Government who willfully uses or authorizes the use of any Government-owned passenger motor vehicle or aircraft, or of any passenger motor vehicle or aircraft leased by the Government, for other than official purposes or otherwise violates the provisions of this paragraph shall be suspended from duty by the head of the department concerned, without compensation, for not less than one month, and shall be suspended for a longer period or summarily removed from office if circumstances warrant. The limitations of this paragraph shall not apply to any motor vehicles or aircraft for official use of the President, the heads of the executive departments enumerated in section 1 of this title, ambassadors, ministers, chargés d'affaires, and other principal diplomatic and consular officials.
(d) Appropriation estimates. In the budgets for the fiscal year 1948 and subsequent fiscal years there shall be submitted in detail estimates for such necessary appropriations as are intended to be used for purchase or hire of passenger motor vehicles or for purchase, maintenance, or operation of aircraft, specifying the sums required, the public purposes for which said conveyances are intended, the number of currently owned conveyances to be continued in use, and the officials or employees by whom all of such conveyances are to be used.
§ 84. Annual or monthly compensation.- Where the compensation of any person in the service of the United States (except persons whose compensation is computed in accordance with section 944 of this title) is annual or monthly the following rules for division of time and computation of pay for services rendered are established: Annal compensation shall be divided into twelve equal installments, one of which shall be the pay for each calendar month; and in making payments for a fractional part of a month one thirtieth of one of such installments, or of a monthly compensation, shall be the daily rate of pay. For the purpose of computing such compensation and for computing time for services rendered during a fractional part of a month in connection with annual or monthly compensation, each and every month shall be held to consist of thirty days, without regard to
the actual number of days in any calendar month, thus excluding the 31st of any calendar month from the computation and treating February as if it actually had thirty days. Any such person entering the service of the United States during a thirty-one day month and serving until the end thereof shall be entitled to pay for that month from the date of entry to the 30th day of said month, both days inclusive; and any person entering said service during the month of February and serving until the end thereof shall be entitled to one month's pay, less as many thirtieths thereof as there were days elapsed
, prior to date of entry: Provided, That for one day's unauthorized absence on the 31st day of any calendar month one day's pay shall be forfeited. (As amended June 30, 1945, ch. 212, title VI, $ 604 (c), 59 Stat. 303.)
Act June 30, 1945, cited to text, amended section by inserting "except such persons
of this title” following “United States” in first sentence, and by striking “Any person” and inserting in lieu thereof "Any such person" in second sentence.
Effective date.-Amendment of section by act June 30, 1945, cited to text, was made effective on July 1, 1945, by section 610 of said act June 30, 1945.
$ 95a. Same; government officers and employees attending department hearings.--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. (Aug. 2, 1946, ch. 744, $ 10, 60 Stat.
§ 116a. Awards to departmental personnel for meritorious suggestions; amount; honorary recognition of exceptional services; release of claim.— 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 exceptional 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 shall not form the basis of a further claim of any nature upon the United States by him, his heirs or assigns. (Aug. 2, 1946, ch. 744, § 14, 60 Stat. 809.)
Codification.-Last paragraph of section 14 of act Aug. 2, 1946, cited to text, relating to repeal of conflicting laws, is set out as a note under this section.
Repeals.- Last paragraph of section 14 of act Aug. 2, 1946, cited to text, provided : “All other acts or parts of acts in conflict with the provisions of this section are hereby repealed.”
Cross references.- Persons exempted from application of this section, see note under section 73a of this title.
$ 118d-1. Same; vehicles, boats, accessories, equipment and other authorized articles.-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 sell 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. (June 26, 1943, ch. 145, title II $ 203, 57 Stat. 195, as amended June 27, 1944, ch. 286, title II, § 203, 58 Stat. 385; May 3, 1945, ch. 106, title II, $ 204, 59 Stat. 132; Mar. 28, 1946, ch. 113, title II, $ 204, 60 Stat. 79; Aug. 2, 1946, ch. 744, § 8, 60 Stat. 808.)
Act Aug. 2, 1946, cited to text, made section applicable to any other articles the exchange of which is authorized by law.
Act May 3, 1945, cited to text, amended section by adding proviso.
§ 118g. Clothing and equipment for protection of personnel.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. (Aug. 2, 1946, ch. 744, $ 13,
, . § 60 Stat. 809.)
REORGANIZATION OF EXECUTIVE AND ADMINISTRATIVE AGENCIES
§ 133y. Declaration of objects and purposes.—(a) The President shall examine and from time to time reexamine the organization of all agencies of the Government and shall determine what changes therein are necessary to accomplish the following purposes:
(1) to facilitate orderly transition from war to peace;
(2) to reduce expenditures and promote economy, to the fullest extent consistent with the efficient operation of the Government;
(3) to increase the efficiency of the operations of the Government to the fullest extent practicable within the revenues;
(4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes;
(5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and
(6) to eliminate overlapping and duplication of effort.
(b) The Congress declares that the public interest demands the carrying out of the purposes specified in subsection (a) and that such purposes may be accomplished in great measure by proceeding under the provisions of sections 133y to 133y-16 of this title, and can be accomplished more speedily thereby than by the enactment of specific legislation.
(c) It is the expectation of the Congress that the transfers, consolidations, coordinations, and abolitions under said sections shall
accomplish an overall reduction of at least 25 per centum in the administrative costs of the agency or agencies affected. (Dec. 20, 1945, ch. 582, title I, $ 2, 59 Stat. 613.)
Congress in enacting this legislation provided by section 1 of act Dec. 20, 1945, cited to text, that sections 133y to 133y-16 of this title should be popularly known as the 'Reorganization Act of 1945."
$ 133y-1. Powers and duties of President; preparation and contents of reorganization plan; submission to Congress.- Whenever the President, after investigation, finds that
(1) the transfer of the whole or any part of any agency, or of the whole or any part of the functions thereof, to the jurisdiction and control of any other agency; or
(2) the abolition of all or any part of the functions of any agency, or
(3) the consolidation or coordination of the whole or any part of any agency, or of the whole or any part of the functions thereof, with the whole or any part of any other agency or the functions thereof; or
(4) the consolidation or coordination of any part of any agency or the functions thereof with any other part of the same agency or the functions thereof; or
(5) the abolition of the whole or any part of any agency which agency or part does not have, or upon the taking effect of the reorganizations specified in the reorganization plan will not have, any functions, is necessary to accomplish one or more of the purposes of section 133y (a) of this title, he shall prepare a reorganization plan for the making of the transfers, consolidations, coordinations, and abolitions, as to which he has made findings and which he includes in the plan, and transmit such plan (bearing an identifying number) to the Congress, together with a declaration that, with respect to each transfer, consolidation, coordination, or abolition referred to in paragraph (1), (2), (3), (4), or (5) of this section and specified in the plan, he has found that such transfer, consolidation, coordination, or abolition is necessary to accomplish one or more of the purposes of section 133y (a) of this title. The delivery to both Houses shall be on the same day and shall be made to each House while it is in session. The President, in his message transmitting a reorganization plan, shall specify with respect to each abolition of a function specified in the plan the statutory authority for the exercise of such function. (Dec. 20, 1945, ch. 582, title I. $ 3, 59 Stat. 613.)
$ 133y-2. Additional contents of reorganization plans.-Any reorganization plan transmitted by the President under section 133y-1 of this title
(1) shall change, in such cases as he deems necessary, the name of any agency affected by a reorganization, and the title of its head; and shall designate the name of any agency resulting from a reorganization and the title of its head:
(2) may include provisions for the appointment and compensation of the head and one or more assistant heads of any agency (including an agency resulting from a consolidation) if the President finds, and