604. Compensation act; physicians' fees.-That fees for examinations made on the part of the United States under sections 21 and 22 by physicians who are not already in the service of the United States shall be fixed by the commission. Such fees and any sum payable to the employee under section 21, when authorized or approved by the commission, shall be paid from the employees' compensation fund. Sec. 23, act of Sept. 7, 1916 (39 Stat. 747); sec. 3, act of June 26, 1926 (44 Stat. 772); 5 U. S. C. 773.

605. Compensation act; report of injury by employee's superior. That immediately after an injury to an employee resulting in his death or in his probable disability, his immediate superior shall make a report to the commission containing such information as the commission may require, and shall thereafter make such supplementary reports as the commission may require. Sec. 24, act of Sept. 7, 1916 (39 Stat. 747); 5 U. S. C. 774.

606. Compensation act; assignment and exemption of claims.-That any assignment of a claim for compensation under this Act shall be void and all compensation and claims therefor shall be exempt from all claims of creditors. Sec. 25, act of Sept. 7, 1916 (39 Stat. 747); 5 U. S. C. 775.

607. Compensation act; subrogation of United States to employees' right of action. If an injury or death for which compensation is payable under this Act is caused under circumstances creating a legal liability upon some person other than the United States to pay damages therefor, the commission may require the beneficiary to assign to the United States any right of action he may have to enforce such liability of such other person or any right which he may have to share in any money or other property received in satisfaction of such liability of such other person, or the commission may require said beneficiary to prosecute said action in his own name.

If the beneficiary shall refuse to make such assignment or to prosecute said action in his own name when required by the commission, he shall not be entitled to any compensation under this Act.

The cause of action when assigned to the United States may be prosecuted or compromised by the commission, and if the commission realizes upon such cause of action, it shall apply the money or other property so received in the following manner: After deducting the amount of any compensation already paid to the beneficiary and the expenses of such realization or collection, which sum shall be placed to the credit of the employees' compensation fund, the surplus, if any, shall be paid to the beneficiary and credited upon any future payments of compensation payable to him on account of the same injury. Sec. 26, act of Sept. 7, 1916 (39 Stat. 747); 5 U. S. C. 776.

608. Compensation reduced by amount recovered from third person.-That if an injury or death for which compensation is payable under this act is caused under circumstances creating a legal liability in some person other than the United States to pay damages therefor, and a beneficiary entitled to compensation from the United States for such injury or death receives, as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other person, such beneficiary shall, after deducting the costs of suit and a reasonable attorney's fee, apply the money or other property so received in the following

manner:

(A) If his compensation has been paid in whole or in part, he shall refund to the United States the amount of compensation which has been paid by the United States and credit any surplus upon future payments of compensation payable to

him on account of the same injury. Any amount so refunded to the United States shall be placed to the credit of the employees' compensation fund.

(B) If no compensation has been paid to him by the United States, he shall credit the money or other property so received upon any compensation payable to him by the United States on account of the same injury. Sec. 27, act of Sept. 7, 1916 (39 Stat. 747); 5 U. S. C. 777.

609. Compensation Commission; establishment, powers, and duties.-That a commission is hereby created, to be known as the United States Employees' Compensation Commission, and to be composed of three commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman. No commissioner shall hold any other office or position under the United States. No more than two of said commissioners shall be members of the same political party. One of said commissioners shall be appointed for a term of two years, one for a term of four years, and one for a term of six years, and at the expiration of each of said terms the commissioner then appointed shall be appointed for a period of six years. Each commissioner shall receive a salary of $4,000 a year. The principal office of said commission shall be in Washington, District of Columbia, but the said commission is authorized to perform its work at any place deemed necessary by said commission, subject to the restrictions and limitations of this act. Sec. 28, act of Sept. 7, 1916 (39 Stat. 748) ; 5 U. S. C. 778.

Upon the organization of said commission and notification to the heads of all executive departments that the commission is ready to take up the work devolved upon it by this Act all commissions and independent bureaus by or in which payments for compensation are now provided, together with the adjustment and settlement of such claims, shall cease and determine, and such executive departments, commissions, and independent bureaus shall transfer all pending claims to said commission to be administered by it. The said commission may obtain in all cases, in addition to the reports provided in section twenty-four, such information and such reports from employees of the departments as may be agreed upon by the commission and the heads of the respective departments. All clerks and employees now exclusively engaged in carrying on said work in the various executive departments, commissions, and independent bureaus shall be transferred to and become employees of the commission at their present grades and salaries. Sec. 28a, act of Sept. 7, 1916 (39 Stat. 748); 5 U. S. C. 779.

That the commission, or any commissioner by authority of the commission, shall have power to issue subpoenas for and compel the attendance of witnesses within a radius of one hundred miles, to require the production of books, papers, documents, and other evidence, to administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the commission. Sec. 29, act of Sept. 7, 1916 (39 Stat. 748); 5 U. S. C. 780.

That the commission shall have such assistants, clerks, and other employees as may be from time to time provided by Congress. They shall be appointed from lists of eligibles to be supplied by the Civil Service Commission, and in accordance with the civil service law. Sec. 30, act of Sept. 7, 1916 (39 Stat. 748); 5 U. S. C. 781.

That the commission shall submit annually to the Secretary of the Treasury estimates of the appropriations necessary for the work of the commission. Sec. 31, act of Sept. 7, 1916 (39 Stat. 749); 5 U. S. C. 782.

That the commission is authorized to make necessary rules and regulations for the enforcement of this Act, and shall decide all questions arising under this Act. Sec. 32, Act of Sept. 7, 1916 (39 Stat. 749); 5 U. S. C. 783.

That the commission shall make to Congress at the beginning of each regular session a report of its work for the preceding fiscal year, including a detailed statement of appropriations and expenditures, a detailed statement showing receipts of and expenditures from the employees' compensation fund, and its recommendations for legislation. Scc. 33, act of Sept. 7, 1916 (39 Stat. 749); 5 U. S. C. 784.

The Commissioner of Labor Statistics was charged with the administration of the Employees' Compensation Act of May 30, 1908, by act of Mar. 4, 1913, sec. 3.

The President may transfer the administration of this act, so far as it affects certain employees, to the governor of the Panama Canal and the chairman of the Alaskan Engineering Commission, under sec. 42 of this act (39 Stat. 750).

610. Compensation fund.-That there is hereby authorized to be appropriated, from any money in the Treasury not otherwise appropriated, the sum of $500,000, to be set aside as a separate fund in the Treasury, to be known as the employees' compensation fund. To this fund there shall be added such sums as Congress may from time to time appropriate for the purpose. Such fund, including all additions that may be made to it, is hereby authorized to be permanently appropriated for the payment of the compensation provided by this act, including the medical, surgical, and hospital services and supplies provided by section nine, and the transportation and burial expenses provided by sections nine and eleven. The commission shall submit annually to the Secretary of the Treasury estimates of the appropriations necessary for the maintenance of the fund. Sec. 35, act of Sept. 7, 1916 (39 Stat. 749); 5 U. S. C. 785.

Such appropriation appears annually in the acts making appropriations for the Executive Office and independent establishments: Employees' Compensation Commission.

611. Compensation; award, review, and cancellation. The commission, upon consideration of the claim presented by the beneficiary, and the report furnished by the immediate superior and the completion of such investigation as it may deem necessary, shall determine and make a finding of facts thereon and make an award for or against payment of the compensation provided for in this Act. Compensation when awarded shall be paid from the employees' compensation fund. Sec. 36, act of Sept. 7, 1916 (39 Stat. 749); 5 U. S. C. 786.

That if the original claim for compensation has been made within the time specified in section 20, the commission may, at any time, on its own motion or on application, review the award, and, in accordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, award compensation.

In the absence of fraud or mistake in mathematical calculation, the finding of facts in, and the decision of the commission upon, the merits of any claim presented under or authorized by this Act if supported by competent evidence shall not be subject to review by any other administrative or accounting officer, employee, or agent of the United States. Any award heretofore made by the Compensation Commission, under the Act of September 7, 1916, for disability or death resulting from a personal injury sustained prior to the passage of this act, shall be valid, if such award would be valid if made in respect to an injury sustained after the passage of this Act. Sec. 37, act of Sept. 7, 1916 (39 Stat. 749); sec. 1, act of June 5, 1924 (43 Stat. 389); 5 U. S. C. 787.

That if any compensation is paid under a mistake of law or of fact, the commission shall immediately cancel any award under which such compensation has been paid and shall recover, as far as practicable, any amount which has been so paid. Any amount so recovered shall be placed to the credit of the employees' compensation fund. Sec. 38, act of Sept. 7, 1916 (39 Stat. 749); 5 U. S. C. 788.

612. Compensation act; penalty for false affidavit.-That whoever makes, in any affidavit required under section four or in any claim for compensation, any statement, knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Sec. 39, act of Sept. 7, 1916 (39 Stat. 749); 5 U. S. C. 789.

For section 4 above mentioned, see 588, ante.

613. Compensation act; definition of terms.-That wherever used in this ActThe singular includes the plural and the masculine includes the feminine. The term "employee" includes all civil employees of the United States and of the Panama Railroad Company.

The term "commission" shall be taken to refer to the United States Employees' Compensation Commission provided for in section twenty-eight.

The term "physician" includes surgeons and osteopathic practitioners within the scope of their practice as defined by State law.

The term "medical, surgical, and hospital services and supplies" includes services and supplies by osteopathic practitioners and hospitals within the scope of their practice as defined by State law.

The term "monthly pay" shall be taken to refer to the monthly pay at the time of the injury.

The term "injury" includes, in addition to injury by accident, any disease proximately caused by the employment.

The term "compensation" includes the money allowance payable to an employee or his dependents and any other benefits paid for out of the compensation fund: Provided, however, That this shall not in any way reduce the amount of the monthly compensation payable in case of disability or death. Sec. 40, act of Sept. 7, 1916 (39 Stat. 750); sec. 2, act of June 5, 1924 (43 Stat. 389); act of May 31, 1938 (52 Stat. 586); 5 U. S. C. 790.

This section and sections 41 and 42 apparently make this act sufficiently comprehensive to supersede the last paragraph of act Aug. 24, 1912, sec. 5.

614. Compensation under prior acts.-That all Acts or parts of Acts inconsistent with this Act are hereby repealed: Provided, however, That for injuries occurring prior to the passage of this Act compensation shall be paid under the law in force at the time of the passage of this Act. * Sec. 41, act of Sept. 7, 1916 (39 Stat. 750); 5 U. S. C. 791.

614a. State workmen's compensation laws. That whatsoever constituted authority of each of the several States is charged with the enforcement of and requiring compliances with the State workmen's compensation laws of said States and with the enforcement of and requiring compliance with the orders, decisions, and awards of said constituted authority of said States hereafter shall have the power and authority to apply such laws to all lands and premises owned or held by the United States of America by deed or act of cession, by purchase or otherwise, which is within the exterior boundaries of any State, and to all projects, buildings, constructions, improvements, and property belonging to the United States of America, which is within the exterior boundaries of any State, in the same way and to the same extent as if said premises were under the exclusive jurisdiction of the State within whose exterior boundaries such place may be. Sec. 1, act of June 25, 1936 (49 Stat. 1938); 40 U. S. C. 290.

For the purposes set out in section 1 of this Act, the United States of America hereby vests in the several States within whose exterior boundaries such place may be, insofar as the enforcement of State workmen's compensation laws are

affected, the right, power, and authority aforesaid: Provided, however, That by the passage of this Act the United States of America in no wise relinquishes its jurisdiction for any purpose over the property named, with the exception of extending to the several States within whose exterior boundaries such place may be only the powers above enumerated relating to the enforcement of their State workmen's compensation laws as herein designated: Provided further, That nothing in this Act shall be construed to modify or amend the United States Employees' Compensation Act, as amended from time to time (Act of September 7, 1916, 39 Stat. 742, U. S. C., title 5 and supplement, sec. 751 et seq.). Sec. 2, act of June 25, 1936 (49 Stat. 1939); 40 U. S. C. 290.

615. Details within a department.-Each head of a department may, from time to time, alter the distribution among the various bureaus and offices of his department of the clerks and other employees allowed by law, except such clerks or employees as may be required by law to be exclusively engaged upon some specific work, as he may find it necessary and proper to do, but all details hereunder shall be made by written order of the head of the department, and in no case be for a period of time exceeding one hundred and twenty days: Provided, That details so made may, on expiration, be renewed from time to time by written order of the head of the department, in each particular case, for periods of not exceeding one hundred and twenty days. (All details heretofore made are hereby revoked, but may be renewed as provided herein.) R. S. 166; sec. 3, act of May 28, 1896 (29 Stat. 179); 5 U. S. C. 38.

This section, as enacted in the Revised Statutes, authorized each head of a department to alter the distribution, among the bureaus and offices of his department, of the clerks allowed by law "as he may find it necessary and proper to do."

616. Details from field service.-Hereafter it shall be unlawful to detail civil officers, clerks, or other subordinate employees who are authorized or employed under or paid from appropriations made for the Military or Naval Establishments, or any other branch of the public service outside of the District of Columbia, except those officers and employees whose details are now especially provided by law, for duty in any bureau, office, or other division of any executive department in the District of Columbia, except temporary details for duty connected with their respective offices. Sec. 4, act of Aug. 5, 1882 (22 Stat. 255); sec. 6, act of June 22, 1906 (34 Stat. 449); 5 U. S. C. 39.

*

617. Details from Government Printing Office. * * Hereafter no employee of the Government Printing Office shall be detailed to duties not pertaining to the work of public printing and binding in any executive department or other Government establishment unless expressly authorized by law. Sec. 1, act of June 25, 1910 (36 Stat. 770); 44 U. S. C. 47.

No part of any money appropriated in this act shall be paid to any person employed in the Government Printing Office while detailed for or performing service in any other [the] executive branch of the public service of the United States unless such detail be authorized by law. Sec. 1, act of Feb. 28, 1929 (45 Stat. 1401), making appropriations for the legislative branch of the Government.

A provision similar to second paragraph of this section has appeared in prior and subsequent appropriation acts.

618. Details to American Battle Monuments Commission.Upon the request of the commission the President is authorized to designate such personnel of any department or of the Army, Navy, or Marine Corps as may be necessary to assist in carrying out the purposes of this Act, and the commission