to or exceeds the rate of $3,000 per annum such person shall be entitled to the pay of the civilian office or position or the retired pay, whichever he may elect. As used in this section, the term "retired pay" shall be construed to include credits for all service that lawfully may enter into the computation thereof. (b) This section shall not apply to any person whose retired pay, plus civilian pay, amounts to less than $3,000: Provided, That this section shall not apply to regular or emergency commissioned officers retired for disability incurred in combat with an enemy of the United States or for disabilities resulting from an explosion of an instrumentality of war in line of duty during an enlistment or employment as provided in Veterans Regulation Numbered 1 (a), part 1, paragraph I. (June 30, 1932, ch. 314, sec. 212, 47 Stat. 406; July 15, 1940, ch. 626, sec. 3, 54 Stat. 761.)

ITEM NO. 3

(Referred to in sec. 2 (d), Atomic Energy Act of 1946, as amended, p. 5, supra)

Title 5, U. S. Code, Section 62

Holding other lucrative office

No person who holds an office the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially authorized thereto by law; but this shall not apply to retired officers of the Army, Navy, Marine Corps, or Coast Guard whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate. Retired enlisted men of the Army, Navy, Marine Corps, or Coast Guard retired for any cause, and retired officers of the Army, Navy, Marine Corps, or Coast Guard who have been retired for injuries received in battle or for injuries or incapacity incurred in line of duty shall not, within the meaning of this section, be construed to hold or to have held an office during such retirement. (July 31, 1894, ch. 174, sec. 2, 28 Stat. 205; May 31, 1924, ch. 214, 43 Stat. 245; July 30, 1937, ch. 545, sec. 6, 50 Stat. 549; June 25, 1938, ch. 694, 52 Stat. 1194.)

ITEM NO. 4

(Referred to in secs. 3 (a), p. 7, 4 (c) (2), p. 8, 5 (a) 5, p. 11, and 5 (b) (5)), p. 12, Atomic Energy Act of 1946, as amended, supra)

Title 41, U. S. Code, Section 5

Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell

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 $500, (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 1638 of Appendix to Title 50, (2) when otherwise authorized by law, or (3) when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Government shall be governed by the requirements of this section for advertising. (R. S., sec. 3709; Aug. 2, 1946, ch. 744, sec. 9 (a), 60 Stat. 809, as amended June 30, 1949, ch. 288, title VI, sec. 602 (f), Sept. 5, 1950, ch. 849, secs. 6 (a), (b), 8 (c), 64 Stat. 583, 591.)

ITEM NO. 5

((Referred to in sec. 11 (e) (4), Atomic Energy Act of 1946, as amended, p. 26, supra) Title 28, U. S. Code, Section 1254

Courts of appeals; certiorari; appeal; certified questions.

Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:

(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;

(2) By appeal by a party relying on a State statute held by a court of appeals to be invalid as repugnant to the Constitution, treaties or laws of the United States, but such appeal shall preclude review by writ of certiorari at the instance of such appellant, and the review on appeal shall be restricted to the Federal questions presented;

(3) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy. (June 25, 1948, ch. 646, sec. 1, 62 Stat. 928, effective September 1, 1948.)

ITEM NO. 6

(Referred to in sec. 12 (a) (3), Atomic Energy Act of 1946, as amended, p. 27, supra) Title 49, U. S. Code, Section 46

Self-criminating testimony; perjury; refusal to testify

No person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents before the Interstate Commerce Commission, or in obedience to the subpoena of the commission, whether such subpoena be signed or issued by one or more commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of chapter 1 of this title on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case of proceeding: Provided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, tariffs, contracts, agreements, and documents, if in his power to do so, in obedience to the subpoena or lawful requirement of the commission shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by fine not less than $100 nor more than $5,000, or by imprisonment for not more than one year or by both such fine and imprisonment. (Feb. 11, 1893, ch. 83, 27 Stat. 443.)

Referred to in secs. 12 (a) amended, supra.

ITEM NO. 7

(4), p. 27, and 15 (e), p. 31, Atomic Energy Act of 1946, as See further references in the Appropriation Acts.)

The Classification Act of 1923, as amended, was superseded by the Classification Act of 1949. The applicable parts are:

[PUBLIC LAW 429-81st Congress]

[CHAPTER 782—1st SESSION]

[H. R, 5931]

AN ACT

To establish a standard schedule of rates of basic compensation for certain employees of the Federal Government; to provide an equitable system for fixing and adjusting the rates of basic compensation of individual employees; to repeal the Classification Act of 1923, as amended; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Classification Act of 1949”.

**

*

*

SEC. 202. This Act (except title XII) shall not apply to

SEC. 1106. (a) Whenever reference is made in any other law to the Classification Act of 1923, as amended, such reference shall be held and considered to mean this Act. Whenever reference is made in any other law to a grade of the Classification Act of 1923, as amended, such reference shall be held and considered to mean the corresponding grade shown in section 604 of this Act.

(b) The application of this Act to any position, officer, or employee shall not be affected by reason of the enactment of subsection (a).

SEC. 1202. The following laws and parts of laws are hereby repealed: (1) The Classification Act of 1923, as amended;

SEC. 1204. All laws or parts of laws inconsistent with this Act are hereby repealed to the extent of such inconsistency.

Approved October 28, 1949.

The balance of the Classification Act of 1949 is codified in 5 U. S. C., chapter 13

ITEM NO. 8

(Referred to in sec. 12 (a) (8), Atomic Energy Act of 1946, as amended, p. 28, supra) The Surplus Property Act of 1944 which is too extensive to be reproduced here will be found in 58 Stat. 765 and 50, App., U. S. Code, sec. 1611, et seq.

ITEM No. 9

(Referred to in sec. 12 (c), Atomic Energy Act of 1946, as amended, p. 28, supra)

Title 18, U. S. Code, Section 283

Officers or employees interested in claims against the Government

Whoever, being an officer or employee of the United States or any department or agency thereof, or of the Senate or House of Representatives, acts as an agent or attorney for prosecuting any claim against the United States, or aids or assists in the prosecution or support of any such claim otherwise than in the proper discharge of his official duties, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim, shall be fined not more than $10,000 or imprisoned not more than one year, or both.

Retired officers of the armed forces of the United States, while not on active duty, shall not by reason of their status as such be subject to the provisions of this section. Nothing herein shall be construed to allow any such retired officer within two years next after his retirement to act as agent or attorney for prosecuting or assisting in the prosecution of any claim against the United States involving the department in whose service he holds a retired status, or to allow any such retired officer to act as agent or attorney for prosecuting or assisting in the prosecution of any claim against the United States involving any subject matter with which he was directly connected while he was in an active-duty status.

This section shall not apply to any person because of his membership in the National Guard of the District of Columbia nor to any person specially excepted by enactment of Congress. (June 25, 1948, ch. 645, sec. 1, 62 Stat. 697, amended June 28. 1949, ch. 268, sec. 2 (b), 63 Stat. 280.)

Title 18, U. S. Code, Section 281

Compensation to Members of Congress, officers and others in matters affecting the Government

Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, or the head of a department, or

other officer or employee of the United States or any department or agency thereof, directly or indirectly receives or agrees to receive, any compensation for any services rendered or to be rendered, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter in which the United States is a party or directly or indirectly interested, before any department, agency, court martial, officer, or any civil, military, or naval commission, shall be fined not more than $10,000 or imprisoned not more than two years, or both; and shall be incapable of holding any office of honor, trust, or profit under the United States.

Retired officers of the armed forces of the United States, while not on active duty, shall not by reason of their status as such be subject to the provisions of this section. Nothing herein shall be construed to allow any retired officer to represent any person in the sale of anything to the Government through the department in whose service he holds a retired status.

This section shall not apply to any person because of his membership in the National Guard of the District of Columbia nor to any person specially excepted by Act of Congress. (June 25, 1948, ch. 645, sec. 1, 62 Stat. 697, amended May 24, 1949, ch. 139, sec. 6, 63 Stat. 90.)

ITEM NO. 10

(Referred to in sec. 12 (c), Atomic Energy Act of 1946, as amended, p. 28, supra) Title 18, U. S. Code, Section 284

Government employees. Restriction on right to prosecute claims, etc. Whoever, having been employed in any agency of the United States, including commissioned officers assigned to duty in such agency, within two years after the time when such employment or service has ceased, prosecutes or acts as counsel, attorney, or agent for prosecuting, any claims against the United States involving any subject matter directly connected with which such person was so employed or performed duty, shall be fined not more than $10,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, sec. 1, 62 Stat. 698, amended May 24, 1949, ch. 139, sec. 7, 63 Stat. 90.)

ITEM NO. 11

(Referred to in sec. 13 (a), Atomic Energy Act of 1946, as amended, p. 29, supra) Title 28, U. S. Code, Section 1346

United States as defendant

(a) The district courts shall have original jurisdiction, concurrent with the Court of Claims, of:

(1) Any civil action against the United States for the recovery of any internalrevenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws, (i) if the claim does not exceed $10,000 or (ii) even if the claim exceeds $10,000 if the collector of internal revenue by whom such tax, penalty or sum was collected is dead or is not in office as collector of internal revenue when such action is commenced;

(2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.

(b) Subject to the provisions of chapter 171 of this title, the district courts, together with the District Court for the Territory of Alaska, the United States

1 Sec. 19 (e) of the Contract Settlement Act of 1944 was repealed by the act of June 25, 1948 (62 Stat. 862, sec. 21), and replaced by 62 Stat. 698 (18 U. S. Č. 284).

District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

(c) The jurisdiction conferred by this section includes jurisdiction of any setoff, counterclaim, or other claim or demand whatever on the part of the United States against any plaintiff commencing an action under this section.

(d) The district courts shall not have jurisdiction under this section of: (1) Any civil action or claim for a pension;

(2) Any civil action or claim to recover fees, salary, or compensation for official services of officers or employees of the United States. (June 25, 1948, ch. 646, sec. 1, 62 Stat. 933, amended Apr. 25, 1949, ch. 92, sec. 2 (a), 63 Stat. 62; May 24, 1949, ch. 139, sec. 80 (a), (b), 63 Stat. 101; Oct. 31, 1951, ch. 655, sec. 50 (b), 65 Stat. 727.)

Title 28, U. S. Code, Section 2401

Time for commencing action against United States

(a) Every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues. The action of any person under legal disability or beyond the seas at the time the claim accrues may be commenced within three years after the disability

ceases.

(b) A tort claim against the United States shall be forever barred unless action is begun within two years after such claim accrues or within one year after the date of enactment of this amendatory sentence, whichever is later, or unless, if it is a claim not exceeding $1,000, it is presented in writing to the appropriate Federal agency within two years after such claim accrues or within one year after the date of enactment of this amendatory sentence, whichever is later. If a claim not exceeding $1,000 has been presented in writing to the appropriate Federal agency within that period of time, suit thereon shall not be barred until the expiration of a period of six months after either the date of withdrawal of such claim from the agency or the date of mailing notice by the agency of final disposition of the claim. (June 25, 1948, ch. 646, sec. 1, 62 Stat. 971, amended April 25, 1949, ch. 92, sec. 1, 63 Stat. 62.)

Title 28, U. S. Code, Section 2402

Jury trial denied in actions against United States

Any action against the United States under section 1346 of this title shall be tried by the court without a jury. (June 25, 1948, ch. 646, sec. 1, 62 Stat. 971, effective Sept. 1, 1948.)

ITEM NO. 12

(Referred to in sec. 13 (a), Atomic Energy Act of 1946, as amended, p. 29, supra)

Title 28, U. S. Code, Section 1491

Claims against United States generally

The Court of Claims shall have jurisdiction to render judgment upon any claim against the United States:

(1) Founded upon the Constitution; or

(2) Founded upon any Act of Congress; or

(3) Founded upon any regulation of an executive department; or

(4) Founded upon any express or implied contract with the United States; or (5) For liquidated or unliquidated damages in cases not sounding in tort. (June 25, 1948, ch. 646, sec. 1, 62 Stat. 940, effective Sept. 1, 1948.)

Title 28, U. S. Code, Section 1496

Disbursing officers' claims

The Court of Claims shall have jurisdiction to render judgment upon any claim by a disbursing officer of the United States or by his administrator or executor