days, without regard to the actual number of days in any calendar month, thus excluding the thirty-first of any calendar month from the computation and treating February as if it actually had thirty days. Any 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 thirtieth 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 the date of entry: Provided, That for one day's unauthorized absence on the thirty-first day of any calendar month one day's pay shall be forfeited. Sec. 6, act of June 30, 1906 (34 Stat. 763); 5 U. S. C. 84. A previous similar but less specific provision relating to the same subject, made by sec. 4, act of Apr. 28, 1904 (33 Stat. 513), may be regarded as superseded by this section. Similar rules for computation of the compensation of any person in the military service of the United States were prescribed by a provision of act June 12, 1906, ante, 1483. 1626. Computation for periods less than one year.-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 employees 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. 2687; 5 U. S. C. 57. * 1627. Contributions from private sources.-* * Provided, That on and after July first, nineteen hundred and nineteen, no Government official or employee shall receive any salary in connection with his services as such 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. Sec. 1, act of Mar. 3, 1917 (39 Stat. 1106); 5 U. S. C. 66. Notes of Decisions Scope of section.-Appropriation by Legislature of territory of Alaska for additional salary for secretary to Governor held not void, since such secretary is not an "officer of the United States," as provided by Const. art. 2, sec. 2, or person whose pay is fixed by law or regulation of United States, so that this section and R. S. 1765, ante 628b, are inapplicable. Wickersham v. Smith (1927), 7 Alaska 522. Contributions excepted. The University of Puerto Rico is virtually a department of the Government of Puerto Rico, deriving its support from that Government, which, in turn, is but an arm of the Federal Government. The Puerto Rico Reconstruction Administration is an agency of the Federal Government. The employment without compensation of the Chancellor of the University, on leave with pay for that purpose, as Regional Administrator of the Reconstruction Administration, would not be in violation of this statute. (1935) 38 Op. Atty. Gen. 294. 1627a. Forty-hour week.-The weekly compensation, minus any general percentage reduction which may be prescribed by Act of Congress, for the several trades and occupations, which is set by wage boards or other wage-fixing authorities, shall be reestablished and maintained at rates not lower than necessary to restore the full weekly earnings of such employees in accordance with the fulltime weekly earnings under the respective wage schedules in effect on June 1, 1932: Provided, That the regular hours of labor shall not be more than forty per week; and all overtime shall be compensated for at the rate of not less than time and one-half. Where the adjustment of regular hours of duty of employees subject to the provisions of the preceding paragraph requires the adjustment of regular hours of duty of any employee whose compensation is fixed under the Classification Act of 1923, as amended, the aggregate weekly earnings of such employee whose compensation is fixed under the Classification Act of 1923, as amended, for fulltime service shall not be less by reason of such adjustment than his aggregate weekly earnings for full-time service prior to March 28, 1934. Full-time service within the meaning of this paragraph shall not be less than forty hours per week. For the purposes of this paragraph, authority is hereby granted to adjust the hourly rates of compensation of employees whose compensation is fixed under the Classification Act of 1923, as amended, to such extent as may be necessary to make the aggregate compensation for a forty-hour week equal to the compensation for a full-time week prior to March 28, 1934. Sec. 23, Title II, act of Mar. 28, 1934 (48 Stat. 522); sec. 1, act of June 26, 1936 (49 Stat. 1969); 5 U. S. C. 673c. Notes of Decisions effective immediately on enactment. (1934) 37 Op. Atty. Gen. 481, 483. Construction in general.-This section is general or permanent legislation and was 1628. Stoppage of pay; overpayments received. That hereafter, whenever upon the statement of the account of any disbursing officer of the United States in the General Accounting Office credit shall have been disallowed for any payment to any person in the executive branch of the Government otherwise entitled to compensation from the United States or from any agency or instrumentality thereof, such compensation of the payee may be withheld until full reimbursement has been accomplished under such regulations as may be prescribed by the head of the department, branch, or independent establishment (including corporations), under which such payee is entitled to receive compensation: Provided, That nothing contained in this Act shall be construed to repeal or in any way modify existing laws relating to the collection of the indebtedness of accountable or disbursing officers. Act of May 26, 1936 (49 Stat. 1374); 5 U. S. C. 46b. 1629. Transportation of effects.-Actual expenses heretofore and hereafter incurred by civilian employees on river and harbor works for packing, crating, hauling, and transporting household effects, within the weight limits as prescribed in Army Regulations, when making permanent change of station under competent orders, may, on approval of the Chief of Engineers, be paid or reimbursed from funds pertaining to river and harbor works. Sec. 5 (d), act of Jan. 21, 1927 (44 Stat. 1021); 33 U. S. C. 584. Hereafter no law or regulation authorizing or permitting the transportation at Government expense of the effects of officers, employees, or other persons shall be construed or applied as including or authorizing the transportation of an automobile: Provided, That not more than $5,000 in any fiscal year may be expended for such purposes by the War Department, and not more than $5,000 in any fiscal year by the Navy Department. Sec. 209, Title II, Part II, act of June 30, 1932 (47 Stat. 405) ; 5 U. S. O. 73c, 823a; 10 U. 8. C. 824; 34 U. S. O. 898. 1630. Actual expenses; permanent change of station.-Appropriations for the fiscal year 1930 available for expenses of travel of civilian officers and employees of the executive departments and establishments shall be available also for expenses of travel performed by them on transfer from one official station to another when authorized by the head of the department or establishment concerned in the order directing such transfer: Provided, That such expenses shall not be allowed for any transfer effected for the convenience of any officer or employee. Sec. 2, Title II, act of Dec. 20, 1928 (45 Stat. 1055), making appropriations for the Treasury and Post Office Departments. Actual expenses hereafter incurred by civilian employees on river and harbor works for travel when making permanent change of station under competent orders may, on approval of the Chief of Engineers, be paid or reimbursed from funds pertaining to river and harbor works. Sec. 6, act of July 3, 1930 (46 Stat. 948); 33 U. S. C. 584a. The first paragraph of this section has been repeated in subsequent appropriation acts. Certain transfers authorized by subordinates in the absence of the Federal Emergency Administrator of Public Works and the Chairman of the National Resources Committee were validated by the act of June 21, 1938 (52 Stat. 834). 1631. Actual expenses; travel by sea.-Any officer or employee of the United States traveling on official business overseas or to or from any of the possessions of the United States shall travel and transport his personal effects on ships registered under the laws of the United States, where such ships are available, unless the necessity of his mission requires the use of a ship under a foreign flag: Provided, That the Comptroller General of the United States shall not credit any allowance for travel or shipping expenses incurred on a foreign ship in the absence of satisfactory proof of the necessity therefor. Sec. 901, Title IX, act of June 29, 1936 (49 Stat. 2015); 46 U. S. C. 1241. 1632. Actual expenses; limitation to lowest first-class rate.--Whenever by or under authority of law actual expenses for travel may be allowed to officers or employees of the United States, such allowances, in the case of travel ordered after the date of enactment of this Act, shall not exceed the lowest first-class rate by the transportation facility used in such travel. Sec. 10, Title II, act of Mar. 3, 1933 (47 Stat. 1516) ; 5 U. S. C. 736. Notes of Decisions Griffin v. In general. The provisions of section 10 | travel" apply to Pullman car accommodaof the Economy Act of March 3, 1933, limit- tions, as well as to the cost of the railroad ing actual expenses for travel of Govern- ticket, or transportation proper. ment officials to the "lowest first-class rate U. S. (1936), 83 Ct. Cl. 88. by the transportation facility used in such 1633. Subsistence expense act.-This Act may be cited as the "Subsistence Expense Act of 1926." Sec. 1, act of June 3, 1926 (44 Stat. 688); 5 U. S. C. 821. When used in this Act The term "departments and establishments" means any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including the municipal government of the District of Columbia. The term "subsistence" means lodging, meals, and other necessary expenses incidental to the personal sustenance or comfort of the traveler. The term "actual expenses" means the actual amounts necessarily expended by the traveler for subsistence and itemized in accounts for reimbursement. 136307-40 48 The term "per diem allowance" means a daily flat rate of payment in lieu of actual expenses. Sec. 2, act of June 3, 1926 (44 Stat. 689); 5 U. S. C. 822. Civilian officers and employees of the departments and establishments, while traveling on official business and away from their designated posts of duty, shall be allowed, in lieu of their actual expenses for subsistence and all fees or tips to porters and stewards, a per diem allowance to be prescribed by the head of the department or establishment concerned, not to exceed the rate of $5 within the limits of continental United States, and not to exceed an average of $6 beyond the limits of continental United States. Sec. 3, act of June 3, 1926 (44 Stat. 689); sec. 207, Title II, Part II, act of June 30, 1932 (47 Stat. 405); 5 U. S. C. 823. The fixing and payment, under section 3, of per diem allowance, or portions thereof, shall be in accordance with regulations which shall be promulgated by the heads of departments and establishments and which shall be standardized as far as practicable and shall not be effective until approved by the President of the United States. Sec. 7, act of June 3, 1926 (44 Stat. 689); sec. 208, Title II, Part II, act of June 30, 1932 (47 Stat. 405); 5 U. S. C. 827. The heads of departments and establishments, under regulations which shall be prescribed by the Secretary of the Treasury for the protection of the United States, may advance through the proper disbursing officers from applicable appropriations to any person entitled to actual expenses or per diem allowance under this Act such sums as may be deemed advisable considering the character and probable duration of the travel to be performed. Any sums so advanced shall be recovered from the person to whom advanced, or his estate, by deduction from any amount due from the United States or by such other legal method of recovery as may be necessary. Sec. 8, act of June 3, 1926 (44 Stat. 689); 5 U. S. C. 828. All laws or parts of laws which are inconsistent with or in conflict with the provisions of this Act except such laws or parts of laws as specially fix or now permit rates higher than the maximum rates established in this Act are hereby repealed or modified only to the extent of such inconsistency or conflict. Sec. 9, act of June 3, 1926 (44 Stat. 689); 5 U. S. C. 829. Sections 4, 5, and 6 of the act of June 3, 1926 (44 Stat. 689); 5 U. S. C. 824; 5 U. S. C. 825; and 5 U. S. C. 826, were specifically repealed by sec. 208, Title II, Part II, act of June 30, 1932 (47 Stat. 405). Notes of Decisions In general. in the United States Veterans' Bureau, with official post of duty at Louisville, Kentucky, was entitled to subsistence allowances while absent from Louisville on official business in Lexington, Kentucky, notwithstanding his home was in Lexington. Anderson v. U. S. (1937), 84 Ct. Cl. 146. The plaintiff, a field examiner | the other under sec. 8, supra, the former to Bonds required by heads of departments. 1634. Travel by own automobile.-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 two cents per mile for the use of his own motorcycle or five 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. This Act shall take effect July 1, 1931, and all laws or parts of laws are hereby modified or repealed to the extent same may be in conflict herewith. Act of Feb. 14, 1931 (46 Stat. 1103); sec. 9, Title II, act of Mar. 3, 1933 (47 Stat. 1516); 5 U. S. C. 73a. The text of this section as published in the 1929 Edition, based on section 601, act of May 22, 1928 (45 Stat. 697), 46 U. S. C. 891r, was specifically repealed by section 903, Merchant Marine Act of June 29, 1936 (49 Stat. 2016). For current law on the subject, see 1631, ante. 1634a. Travel expense; expert accountant, Inspector General's Department.-* Provided, That the expert accountant, Inspector General's Department, shall be entitled to the same travel allowances as other employees of the War Department: * * *. Title I, War Department appropriation act of Apr. 9, 1935 (49 Stat. 126); 10 U. S. C. 53. By section 1, act of August 24, 1912 (37 Stat. 575); 10 U. S. C. 746, the expert accountant, Inspector General's Department, was to receive mileage at the same rates as provided for officers of the Army. This provision was superseded by the above paragraph, which has been repeated in subsequent appropriation acts. 1634b. Withholding of 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. Act of Feb. 24, 1931 (46 Stat. 1415); 5 U. S. C. 46a. Notes of Decisions In general. In a suit against the Govern- | in a criminal suit against him by the Govment for salary withheld from the plaintiff, ernment. O'Leary v. U. S. (1936), 82 Ct. the Government may recover, on counter- Cl. 305. claim, an unpaid fine imposed on the plaintiff 1635. Office of the Director of Public Buildings and Public Parks of the National Capital; establishment and duties. By act of February 26, 1925 (43 Stat. 983), all functions of the Secretary of War. Chief of Engineers, and Superintendent of the State, War, and Navy Building, in relation to public buildings, grounds, parks, and monuments in the District of Columbia, were turned over to the Director of Public Buildings and Public Parks. The Office of Public Buildings and Public Parks of the National Capital, and the Director thereof, were abolished, and their functions transferred to the Office and Director of National Parks, Buildings, and Reservations in the Department of the Interior by Executive Order No. 6166 of June 10, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended. Sec. 1, Interior Department Appropriation Act of March 2, 1934 (48 Stat. 389), provides that thereafter the Office of National Parks, Buildings, and Reservations shall be known as the National Park Service. This and subsequent sections of the 1929 text, up to and including 1662, post (with certain exceptions as noted), are accordingly omitted as not affecting the War Department. |