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watchman, laborer, or other employee shall after the first day of October next be employed in any of the executive departments, or subordinate bureaus or offices thereof at the seat of government, except only at such rates and in such numbers, respectively, as may be specifically appropriated for by Congress for such clerical and other personal services for each fiscal year. (Aug. 15, 1876, sec. 5, 19 Stat. 169; Aug. 5, 1882, sec. 4, 22 Stat. 255; 5 U.S. C., sec. 45.)

46. Payment for services from appropriations for contingent expenses or for specific or general purposes.—No civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall hereafter be employed at the seat of government in any executive department or subordinate bureau or office thereof or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services. (Aug. 5, 1882, Sec. 4, 22 Stat. 255; 5 U. S. C., sec. 46.)

47. Removal of employees for cause; withholding pay.--That from and after the passage of this Act there shall be no withholding or confiscation of the earned pay, salary, or emolument of any civil employee of the United States removed for cause: Provided, That if at the time of such removal any such employee is indebted to the United States any salary, pay, or emolument accruing to such employee coming within the provisions of this Act shall be applied in whole or in part to the satisfaction of any claim or indebtedness due to the United States. (Feb. 24, 1931, 46 Stat. 1415; 5 U. S. C., sec. 46a.)

48. Penalty for violation of prohibition of employment of officers, clerks, etc., or other employees except as specifically appropriated for.—That any person violating section four of the legislative, executive, and judicial appropriation Act approved August fifth, eighteen hundred and eighty-two (Statutes at Large, volume twenty-two, page two hundred and fifty-five) [5 U. S. C., secs. 45, 46, 50], shall be summarily removed from office, and may also upon conviction thereof be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year. (Aug. 23, 1912, sec. 5, 37 Stat. 414; 5 U. S. C., sec. 47.)

49. Retirement of Federal personnel, uniform date; classes; computation of retired pay.-That hereafter retirement authorized by law of Federal personnel of whatever class, civil, military, naval, judicial, legislative, or otherwise, and for whatever cause retired, shall take effect on the 1st day of the month following the month in which said retirement would otherwise be effective, and said 1st day of the month for retirements hereafter made shall be for all purposes in lieu of such date for retirement as may now be authorized; except that the rate of active or retired pay or allowance shall be computed as of the date retirement would have occurred if this Act had not been enacted. (Apr. 23, 1930, sec. 1, 46 Stat. 253; 5 U. S. C., sec.


50. Same.—That all officers and employees of the United States Government or of the government of the District of Columbia who had reached the retirement age prescribed for automatic separation from the service on or before July 1, 1932, or during the month of July 1932, and who were continued in active service for a period of less than thirty-one days after June 30, 1932, shall be regarded as having been retired and entitled to annuity beginning with the day following the date of separation from active service, instead of August 1, 1932, and the United States Civil Service Commission is hereby authorized and directed to make payments accordingly from the civil-service retirement and disability fund to those persons entitled and who make application therefor. (Public 383, 74th Cong., Aug. 28, 1935.)

51. Legal assistance in examination of witnesses. Whenever any head of a Department or Bureau having made application pursuant to Revised Section one hundred and eighty-four [5 U. S. C., sec. 94], for a subpæna to procure the attendance of a witness to be examined, is of opinion that the interests of the United States require the attendance of counsel at the examination, or require legal investigation of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney General, and of all facts necessary to enable the Attorney General to furnish proper professional service in attending such examination, or making such investigation, and it shall be the duty of the Attorney General to provide for such service. (R. S., sec. 187; 5 U. S. C., sec. 48.)

52. Employment of attorneys and counsel.-No head of a Department shall employ attorneys or counsel at the expense of the United States; but when in need of counsel or advice, shall call upon the Department of Justice, the officers of which shall attend to the same. (R. S., sec. 189; 5 U.S. C., sec. 49.)

53. Disposition of moneys accruing from lapsed salaries or unused appropriations for salaries.-All moneys accruing from lapsed salaries, or from unused appropriations for salaries, shall be covered into the Treasury. (Aug. 5, 1882, sec. 4, 22 Stat. 255; 5 U. S. C., sec. 50.)

54. Extra compensation to clerks.-No money shall be paid to any clerk employed in either Department at an annual salary, as compensation for extra services, unless expressly authorized by law. (R. S., sec. 170; 5 U. S. C., sec. 51.)

55. Unauthorized office, no salary for.—No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, military, or naval, as salary, in any office when the office is not authorized by some previously existing law, unless such office is subsequently sanctioned by law. (R. S., sec. 1760; Feb. 9, 1863, sec. 2, 12 Stat. 646; 5 U.S. C., sec. 52.)

56. Detective agency employees not to be employed.—That hereafter no employee of the Pinkerton Detective Agency, or similar agency, shall be employed in any Government service or by any officer of the District of Columbia. (Mar. 3, 1893, 27 Stat. 591; 5 U. S. C., sec. 53.)

57. Publicity experts not to be employed without specific appropriations.—No money appropriated by this or any other Act shall be used for the compensation of any publicity expert unless specifically appropriated for that purpose. (Oct. 22, 1913, 38 Stat. 212; 5 U. S. C., sec. 54.)

58. Experts compensated without specific provision for.—That no part of any money appropriated in this or any other Act shall be used for compensation or payment of expenses of accountants or other experts in inaugurating new or changing old methods of transacting the business of the United States or the District of Columbia unless authority for employment of such services or payment of such expenses is stated in specific terms in the Act making provision therefor and the rate of compensation for such services or expenses is specifically fixed therein, or be used for compensation of or expenses for persons, aiding or assisting such accountants or other experts, unless the rate of compensation of or expenses for such assistants is fixed by officers or employees of the United States or District of Columbia having authority to do so, and such rates of compensation or expenses so fixed shall be paid only to the person so employed. (Apr. 6, 1914, sec. 5, 38 Stat. 335; 5 U.S. C., sec. 55.)

59. Salaries to certain recess appointees.- No money shall be paid from the Treasury, as salary, to any person appointed during the recess of the Senate, to fill a vacancy in any existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been confirmed by the Senate. (R. S., sec. 1761; 5 U. S. C., sec. 56.)

60. Apportionment of compensation. -Collectors and all other officers of the customs, serving for a less period than a year, shall not be paid for the entire year, but shall be allowed in no case a greater than a pro rata of the maximum compensation of such Officers respectively for the time only which they actually serve as such collectors or officers, whether the same be under one or more appointments, or before or after confirmation. And no collector or other officer shall, in any case, receive for his services, either as fees, salary, fines, penalties, forfeitures, or otherwise, for the time he may be in service, beyond the maximum pro rata rate provided by law. And this section shall be applied and enforced in regard to all officers, agents, and employés of the United States whomsoever, as well as those whose compensation is determined by a commission on disbursements, not to exceed an annual maximum, as those paid by salary or otherwise. (R. S., sec. 2687; 5 U. S. C., sec. 57.)

61. Double salaries.—That unless otherwise specially authorized by law, no money appropriated by this or any other Act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, but this shall not apply to retired officers or enlisted men of the Army, Navy, Marine Corps, or Coast Guard, or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia. (R. S., sec. 1763; May 10, 1916, sec. 6, 39 Stat. 120; Aug. 29, 1916, 39 Stat. 582; 5 U. S. Č., secs. 58, 59.)

62. Limitations on amount of retired pay.-(a) After the date of the enactment of this Act, no person holding a civilian office or position, appointive or elective, under the United States Government or the municipal government of the District of Columbia or under any corporation, the majority of the stock of which is owned by the United States, shall be entitled, during the period of such incum


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bency, to retired pay from the United States for or on account of services as a commissioned officer in any of the services mentioned in the Pay Adjustment Act of 1922 [U. S. C., title 37], at a rate in excess of an amount which when combined with the annual rate of compensation from such civilian office or position, makes the total rate from both sources more than $3,000; and when the retired pay amounts 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. (June 30, 1932, sec. 212, 47 Stat. 406; 5 U. S. C., sec. 59a.)

63. 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 or Navy 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, sec. 2, 28 Stat. 205; May 31, 1928, 43 Stat. 245; 5 U. S. C., sec. 62.)

64. Receiving salary from source other than United States.—No Government official or employee shall receive any salary in connection with his services as such an official or employee from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality, and no person, association, or corporation shall make any contribution to, or in any way supplement the salary of, any Government official or employee for the services performed by him for the Government of the United States. Any person violating any of the terms of this proviso shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $1,000 or imprisonment for not less than six months, or by both such fine and imprisonment as the court may determine. (Mar. 3, 1917, sec. 1, 39 Stat. 1106; 5 U. S. C., sec. 66.) 64a. Rate of interest on certain loans on security; penalties.—That

any person in the employ of the Government who shall loan money in violation of the provisions of this Act [entitled "An Act to regulate the business of loaning money on security of any kind by persons, firms, and corporations other than national banks, licensed bankers, trust companies, savings banks, building and loan associations, and real-estate brokers in the District of Columbia "] shall forfeit his office or position, and be removed from the same. (Feb. 4, 1913, sec. 5, 37 Stat. 659; 17 D. C. Code, sec. 25.)

65. Extra services.—No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law. (R. Š., sec. 1764; 5 Ù. S. C., sec. 69.)

66. Extra allowances.—No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation. (R. S., sec. 1765; 5 U. S. C., sec. 70.)

67. Extra compensation or perquisites.—That no civil officer of the Government shall hereafter receive any compensation or perquisites, directly or indirectly, from the treasury or property of the United States beyond his salary or compensation allowed by law. (June 20, 1874, sec. 3, 18 Stat. 109; 5 U. S. C., sec. 71.)

68. Additional compensation to persons employed under general or lumpsum appropriations. That it shall not be lawful hereafter to pay to any person, employed in the service of the United States under any general or lump-sum appropriation, any sum additional to the regular compensation received for or attached to any employment held prior to an appointment or designation as acting for or instead of an occupant of any other office or employment. This provision shall not be construed as prohibiting regular and permanent appointments by promotion from lower to higher grades of employments. (Aug. 1, 1914, sec. 12, 38 Stat. 680; 5 Ư. S. C., sec. 72.)

69. Actual traveling expenses only to be allowed.—That hereafter only actual travelling 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. (Mar. 3, 1875, sec. 1, 18 Stat. 452; 5 U. S. C., sec. 73.)

70. Travel expenses of officers and employees; transportation in own motorcycles or automobiles; payments on mileage basis. That 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 his own motorcycle or 5 cents per mile for the use of his own automobile for such transportation, whenever such mode of travel has been previously authorized and payment on such mileage basis is more economical and advantageous to the United States. (Feb. 14, 1931, 46 Stat. 1103; Mar. 3, 1933, sec. 10, 47 Stat. 1516; 5 Ù. S. C., sec. 73a.)

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