TITLE 5.

-IXEXJUTIVI DEPARTMENTS, O""IUERS, AND EMPLOYEES

TITLE 5.-EXECUTIVE DEPARTMENTS AND GOVERNMENT OFFICERS AND EMPLOYEES

Chapter sec. Chapter See.
1. PaOVISIONH AI'I'r.CACI) TO )EI'AaTNIENTS AND O'FICERS 0FEN- 8. D111APITHENT OF INTiOa- . ..--------------------------------- 481
RALIY ............................................. . 1 0. DnPPtRTMENT or AoRICULTURI ----------------------------- 611
2. DEI-AaT3m NT OF STATP ----------------------------------- 151 10. DINI'AnTMirNT OF COSIMPR 501
.--------------------------------
3. 1)1I'AnTMKNT O' W AR ------------------------------------ 181 11. DEPARTMiENT OF LABOR ------------------------------------ oil
4. DnIRAIITMENT or THFAnuSi -------------------------------- 241 12. CIVIL ,HURVICE COMMISSION AND CLAN5IFIg.D CIVIL fIEuVIcr-.... 631
5. D)lI1'AnTAIVNT OF JUNTC| .---------------------------------
201 13. CLASSIFICATION OF CIVILIAN POSITIONS --------------------- 601
Ii. POST OFFICII lI|I2AUTME)NT -------------------------------- -01 11. iI2ITICMIENT OF CIVil HERVCU XIIPLOYI .-------------------
691
7. D-I'AHIT3IINT 01 NAVY ------------------------------------ 411 15. COM1I'(1-IATION YOU INJURIES TO rf5I'LOYI:Ea OF UNIT:D STAT- 751

Chlaptor 1.-PROVISIONS APPLICAILE TO DEPART- See.

MIEBNTS AND OFFICEIS GENBRALLY. 68. Double salaries.
59. Same; exceptions; retired offilets and enlisted nen of Army,
See. Navy, Murlno Corps, or Coast Guard, or officers and eullsted
1. Application of provisions of chapter. men of militia.
"
2. Word department." 00. Same; exceptions; employees of Library of Congress.
:1. Salaries of heads of executive departments. 01. Same; school teachers and employees in District of Columbia.
4. Vacancies i offlee of department heads; temporarily filling. 62. Hloldling other lucrative office.
5. Vacancies Iln subordlinate offices. 03. Same" retired officers of Army or Navy employed on river and
G. Discretionary authority of I'resldent oa to vacancies. harbor Ilmprovelents.
7. Temlporary appointments to vacancies limited. 64. Sae; retired officers of Army, etc., in Bure.mu of the Budget.
8. Itestrlet Ion on manncr of temporary appoltflell t to fill Vacancies. 05. Same; emlplo,evs of Library of Congres.
I). Extra compenisailon for duties performed wlle filling vacancies. 06. leceiving salary from source other than United Stales.
10. Conisslons. 07. Same; employees of Iiepartmet of Agriculture and Forest Service.
11. Same ; officers under Seci etorles of departments. (38. Same; immigration ofliclals.
12. Same; Judicial officers and other officers under Attorney General. tI). Extra services.
13. Notification of uplOltlltllts. 70. Extra allowances.
14. Noilflcation of nolhntions or rejections. 71. Extra compenstion or perqu,isites.
15. Disability Il)osed by the fourteenth a mendinent renmoved. 72 Additional compensation to persons employed under gencrai or
16. Oath of office. lump sum appropriation.
17. Same; renewal by Dclprtment of Agriculture employees. 73. Actual traveling expenses only allowed.
18. Sane; who moy adlnisster. 74. Expenses for subsistelnce ; traveling on duty.
10. Saie ; chief clerks of departments to aidnll'iter without com- 75. Snle; engaged Ia field work or traveling onf official buhiness.
pensation. 70. l ee tuition in schools for children of employees of United Slates.
20. Sane; to en10lo)ees adnmlnlstered without compensation. 77. lh'sirictlons 0a psyient of expezses of carriages or vehicles for
21. Same; cu-tody of. personal or olileial use.
22. Departulalti:2 regulations. 78. Itet rIetlolls on paynerlts for purchase or operation of pI25menger-
23. Supervislon of subordinate clerks. c,irr) lIg vehicles.
24. Dlstrlbution of duties. 719. Same; liver and harbor Iprovements.
25. Duty of chief on receipt of report. S0. Same; field work of Department of Agriculture.
2(1. Hours of business. 81. Same; vehicles transferred by Secietary of War to Seeretaty of
27. Recording clocks. Agriculture.
28. Closing departmient on decease of ex-offlelal. 82. Officers it arrears.
29. fours of labor in executive "departments. 8:. lestrictlonS OU paying fees or dues In societies.
30. Leaves of absence; annual leave; sick leave. 81. Annual or monthly colpensatlion.
31. Monthly reports as to condition of business; extension of hours 85. Compensation for clerks or secretaries of retired officlals.
of service of employees. 80. Holidays ; for per diem employees.
32. Quarterly reports as to condition of business. 87. Same; Labor Day.
33. Women clerks. 88. lemoval of Office.
31. 1Restoration to positions of employees called Into alctive military 89. Preservailon of collies of Statutes at Large.
service. 00. Statute's furnished Judges to remain public proper4y.
85. Preference In appointments to honorably discharged soldiers, 1. Evidece furnished by departments i suits In Court of Claims.
sailors and marines, find widows and wives thereof. 92. Taking oatir or acknowledgments.
B0. Employment of wives of soldiers and sailors. 03. Oaths to witnesses.
37. Diminution or Increase of number of clerks. )4. Subpoenas to witnesses.
88. Details of officers, employees, or clerks within department. 1)5. Witnesses' fees.
J9. Same; outside District for duty within DIstrict. 1)0. Compellilg testimony.
40. Same; details for duty In Treasury Department. 97. Oaths to exi)ense accounts.
41. Same; detail of officers of Coast Guard. 98. Civil pension roll prohibited.
42. Same; persons in classified service In District for service outside 09. Ex-oficers or employees not to prosectute clnims in departments.
District. 100. Prosecution of claims for supplies for Military Establishnent.
43. Authority to employ clerks find other employees. 101. Advertising practice before departments or officea of Government.
44. Disbursing clerks. 102. Expenditures for newSlapers.
45. Officers, clerks, nnd employees. 103. Expenditures for transportation of remains of deceased employees.
40. Payment for services from appropriations for contingent expenses 104. Annual reports of expenditure of contlngent funds.
or for specific or general purposes. 105. Iteports of traveling expenses of officers and employees at Wash-
47. Penalty for violations of sections 45 and 40 of this title. ington.
48. Legal assistance In examination of witnesses. 100. Time of making innnul. reports.
40. Employment of attorneys or counsel. 107. Department reports; futnishing to printer.
60. Disposition of moneys accruing from lapsed salaries or unused 108. Inventories of property.
appropriations for salaries. 109. Copy for nnnual reports anl accompanying documents.
51. Extra compensation to clerks. 110. Traisfer of miscellaneous books to District Pullic Library.
02. Unauthorized office, no salary for. 111. Custody of files and records of war agencies.
63. Detective agency employees not tQ be employed. 112. Disposition of useless papers.
54. 'ubliclty experts not to be employed without speclfic appro- 113. Pcohbiitlon of contributions or presents to superiors.
priation. i1l Foreign decoratlons.
55. Experts; compensated without sleclflc provision for. 115. Same; delivery through State Department.
50. Salaries to certain recess appointees 110. Medals for services; duplicates on loss or deitrucilon.
57. Apportionmenut of compensation. 117. United States Ueographlc Board; payiment of expenditures.
 2'ITLB 5.-EXBOUTIVB . DIPARTMENTS, OP1'ICE;RS, AND EMPLOYEBS

Section 1.Application of provisions of chapter.-The py.o- pensation than that attached to his proper office. (R. S. §
visions of this chapter shall apply to the following executive 182.)
departments: 10. Commlisions.-The President is authorized to make out
First. Tile Department of State. and deliver, after the adjournment of the Senate, commissionls
Second. The Department of War. for all officers whose appointments have been advised and c.n-
Third. The Department of the Treasury. seated to by the Senate. (R. S. § 1773.)
Fourth. The Department of Justice. 11. Same; officers under Secretaries of departments.-The
Fifth. The Post Olhce Department. comnisslons of all officers under the direction and control of
Sixth. The i)epartment of the Navy. the Secretary of the Treasury, tile Secretary of Wur, the Secre-
Seventh. The Department of the Interior. tary of the Navy, the Secretary of the Interior, the Postmaster
Eighth. The )epnrtnlent of Agriculture. General, the Secretary of Co,'mnerce, the Secretary of Labor,
Ninth. The Ilepmrtment of Conmmerce. and the Secretory of Agriculture shall be mnadie out and recorded
Tenth. Tile cMpartlent of Labor. (R. S. § 158; Feb. 9, ti the respective departments under which they fire to serve,
1889, c.122, § 1, 25 Stat. 659; Feb. 14, 1903, c. 552, § 1, 32 Stat. and the department seal affixed thereto, any laws to the con-
825; Mar. 4, 1913, c. 141, § 3, 3I7 Stat. 736.) trary notwithstanding. The sall seal shall not be affixed to
2. Word "departmcnf."-The word "department" when any such comission before the sae shall have been signed
used alone in this cltipter, find chapters 2, 3, 4, 5, 6, 7, S, 9, 10, by the President of the United States. (Mar. 3, 1875, e. 131,
and 11 of this title, niins one of the executive departments § 14, 18 Stat. 420; Mar. 28, 18I, e. 73, 29 Stat. 75; Mar. '1,
enumerated In tile preceding section. (R. S. § 159; Feb. 0, 37 Stat. 736.)
1905, c. 1422, 33 Stat. 990; Mar. 4, 1913, e. 1.11,
1SS9, c. 122, § 1, 25 Stit. 659; Feb. 14, 1903, c. 552, § 1, 32 Stat. 12. Same; judicial officers and other officers under Attorney
825; Mar. 4, 1913, c. 1,41, § 1, 37 Stat. 736.) General.--The. conunissloms of till judicial officers, inclming
3. Salaries of heads of executive departments.-The comnpen- marshals an, attornc - of the United 3tates, appointed by the
sation of the lends of executive departments who are member' President, by and with the advice and consent of the Senate, sind
of tile I'reslent's Cabinet -linit be at the rate of $15,000 per all other commissions prepared prior to August 8, 1888, at the
anniilmi each. (It. S. § 160; Feb. 20, 1007, c. 1635, § 4, 34 Department of State upon the requisition of the Attorney
Stat. 993; Mar. 4, 19)25, c. 549, § 4, 43 Stat. 1301.) General, shall be made out and recorded in the Department
4. Vacancies in office of department heads; temporarily fill- of Justice, and shall be under the seal of said department and
ing.-ni case of the .ilelth, resignation, absence, or sickness of countersigned by the Attorney General, any laws to tilecon-
the bead of any deptrtmcnt, the first or sole assistant thereof trary notwithstanding. The spid seal shall not be affixe to
shall, unless otherwise directed by tile Pres~dent, as provided any such commission before the same shall have been signed
by section 6 of this title, perform the dutles of such head by the President of the United States. (Aug. 8, 1888, v. 76,
until a successor Is appolinted, or such absence or sickness 25 Stat. 387.)
shall cease. (R.S § 177.) 13. Notification of appointments.-Whenever the President,
5. Vacancies in subordinate offices.-In case of the death, without the advice and consent of the Senate, designates,
resignation, ab.cen, e, or sickness of the chief of any bureau, authorizes, or employs any person to perform the duties of any
or of any officer thereof, whose appointment is not vested in office, lie shall forthwith notify ti3 Secretary of the Treasury
the head of the department, the assistant or deputy of such thlereof, and the Secretary of the Treasuary shall thereupon
chief or of suih officer, or if there be none, then the chief clerk communicate such notice to the General Accounting Ofice.
of suel bureau, shall, unless otherwise directed by the Presi- (R. S. § 1774; June 10, 1921, c. 18, §§ 301-318, 42 Stat. 23-27.)
dent, ts pros aded by section 6 of this title, perform tile duties 14. Notification of nominations or rejections.-The Secretary
of such chief or of sutch officer until a successor is allloIlnted of tile Senate shall, tit the close of tach session thereof, deliver
or such ahsbnce or sickness shall ecenqe. (It. S § 178.) to the Secretary of the Treasury, and to each of the Assistant
0. Discretionary authority of President as to vacancies.- Secretaries of the Treasury, and to the General Accounting
In any of the cases mentioned il the sections 4 and 5 of tills Office, and to the Treasurpr, and to the Register of the Treas-
title excep'. the death, resignation, absence, or sickness of the ury, a full and complete list, duly certified, of all the persons
Attorney General, the President may, in his discretion, au- who have been nominated to and rejected by the Senate dur-
thorize find direct tile ]tend of any other department or any ig such session, and a like list of all the offices to which
other ofl'cer il either department, whose appointment is vested nominations have been tnade and not confirmed and filled at
In the 'resldent, by and with the advice and consent of the such session. (R. S. § 1775.)
Senate, to perform the duties of the vacant office until a 15. Disability imposed by the fourteenth amendment re-
succe.s r Is appoilted, or the sickness or absence of time in- moved.-The disability imposed by section three of the four-
cumbent shal] cease. (It. S. § 179.) teenth amendment to the Constitution of the United States
7. T.mnporary appointments to vacancies limited.-A va- Incurred prior to June 0, 189b, is hereby removed. (June 0,
cancy occasioned by death or resignation must not be tem- 1898, e. 389, 30 Stat. 432.)
porai fly filled under the provisions of sections 4, 5, and 6 of 16, Oath of office.-The oath to be taken by any person
this title for a longer period than thirty dnys. (It. B. § 180; elected or appointed to any office of ionor or profit either in
Feb. 6, 1891, c. 113, 26 Stat. 733.) the civil, military, or naval service, except the President of
I
8. Restriction on manner of temporary appointments to fill the United States shall be as follown: " , A B, do solemnly
va incies.-No temporary appointment, designation, or assign- swear (or affirm) that I will support and defend tile Con-
nent of one officer to perform tile duties of another, In the stitution of time United States against all enemies: foreign find
cases covered by sections 4 and 5 of this title, shall be mode domestic; that I will bear true faith and allegiance to the
o 'aerwlse than as provided by those sections, except to fill same; that I take this obligation froely, wlthout any mental
s vacancy happening during a recess of the Senate. (R. S. reservation or purpose of evasion; and that I will well and
A 181.) faithfully discharge the duties of the ofll.:e on which I am about to
9. Extra compensation for duties performed while filling enter. So help me God." This section shall not affect the
vacancies.-An officer performing the duties of another office, oaths prescribed by existing statutes .n relation to the per-
during a vacancy, as authorized by sections 4, Ii and 6 of this forniance of duties in special or partieilar subordinate offiees
title, is not by reason thereof entitled to any other cum- and employments. The provisions of ithls section shall In no
 2ITL2 5,--EXEOUTIVB DBPARTMENTS, OFI"ICERS, AND
manner affect any right, duty, claim, obligation, or penalty
oxisting or incurred on or before May 13, 1884; and all and
every such right, duty, claim, obligation, and penalty shall be
heard, tried and determined, and effect shall be givc thereto,
in the same manner as if this section had not been passed.
(R. S. §§ 1750, 1757; May 13, 1884, e. 46, §§ 2, 3, 23 Stat. 22.)
17. Same; renewal by Department of Agriculture em-
ployees.-I-iiployees of the Department of Agriculture who,
upon original appointment, have subscribed to the oath of of-
fice required by section 10 of this title shall not be required to
renew the said oath because of any change in status so long
ns their services aro continuous, unless, it the opinion of the
Secretary of Agriculture the public interests require such re-
newal. (Jan. 31, 1925, c. 124, j 3, 43 Stut. 803.)
18. Same; who may administer.-The oth of oflice required
by section 10 of this title may be takcn before any officer who
is authorized either by the laws of the United States or by the
local municipal law, to administer oaths, In the State, Terri
tory, or District where such onth may be administered. (It. S.
§ 1758,)
19. Same; chief clerks of departments to administer without
compensation.---The chief clerics of the heveral executive de-
iartnients and of the various bureaus and offices thereof It
Washington, District of Columbia, are authorized and directed,
on application and without comapensation therefor, to adinils-
ter oaths of office to employees required to be taken on their
appointment or promotion. (Aug. 29, 1800, c. 820, 26 Stat.
371.)
20. Same; to employees administered without ceinpensa-
tion.-No offleer, clerk, or employee of any executive department
who is also a notary public or other officer authorized to ad-
minister oaths, shall charge or receive fnnll fee or coiiIensa-
tion for administering oaths of oice to employees of such de-
plrtlaent requirid to be taken on aplhitnint or promotion
therein. (Aug. 29, 1890, c. 820, 26 Stat. 371.)
21. Same; custody of.-The oath of oflice taken by any person
pursuant to the requirements of section 16 of tils title, slall
be delivered in by him to be preserved among the flles of the
House of Congress, department, or court to which the office in
re4pect to which the oath Is iaad may appertain. (R. S. I
1759.)
22. Departluental regulations.-Tlhehead of ezach department
is authorized to prescribe regulations, liot IlnconslsCnt with
law, for the govvrnmneit of 10 delrtment, the conduet of its
officers and clerks, the distribution unnd perforninlnle of Its
businless, 1111d the custody, use. nd prebervation of til records,
papers, and property appertailig to It. (It. S. § 161.)
23. Supervision of subordinate clerks.-E'ach chief clerk in
the several departments, and bureaus, aid other olices con-
nected with the departments, slll superise, under the direc-
tion of iis isil ate(Iile.
superior, tie duties of tie other clerks
therein, an1 see that they are faithfully performed. (n. S.
§ 173.)
24. Distribution of duties.-Each chief clerk shall talke care,
from tilme to thiie, tlt the duties of tie other clerks are dis-
tributed with equality and uniformity, accirding to tle nature
of the case. Ile shall revise such distribution from the to
tine, for the purpose of correcting tiny tendency to undue ac-
cumulation or reduction of duties, whether arising from Wdi-
villual negligence or inclpacily, or from lnerehse or diminution
of particular kinds of business. lie shall report monthly to his
superior officer any existing defect that lie may be aware of in
the arrangement or dispatch of busness. (1L. S. § 174.)
25. Duty of chief on receipt of rnport.-Each head of a de-
partalent, chief of a bureau, or other superior officer, shall,
upon receiving each monthly report of his chief clerk, rendered
pursuant to' the preceding section, examine the facts stated
therein, and take such measures, in the exercise of the powers
1MPLOYEI;S § 31
conferred upon him by law, at;mnay be necessary and proper
to amend any existing defects in tie arrangement or dispatch
of business disclosed by such report. (It. S. f 175.)
26. Hours of business.-Frn the 1st day of October until
the 1st day of April, in each year, all the bureaus and offices
in the State, War, Treasury, l,;avy, and Post 0111co Depnrtments
and in the Geueral Land Offi'e, be open for the transae-
1shall
tion of the public business ft least eight hours in each day;
and from the 1st day of Atrll until the 1st day of October,
In each year, at least ten li.murs in each day; except Sundays
and days declared public hcfidays by law. (It. S. § 102.)
27. Recording clocks.--Nf' recording clocks for recording tne
of clerks or otler eliployed-s ituany of the executive depart-
mnents at Waslington, shall be used in any of such departments
at Watslington. (Feb. 24, 1899, c. 187, § 1, 30 Stat. 864.)
28. Closing department .i dtease of ex-official.--The execu-
tive departments of tile o'vernnent sliall not be closed as a
mark to the memory of i iy deceased ex-oflcilal of the United
States. (Mar. 3, 1803, e U11, § 4, 27 Stat. 715.)
29. Hours of labor in , ecutive departments.-It shall be the
duty of the heads of the 'everal executive departments, in the
Interest of the piublic so ice, to require of all clerkcs and11othier
employees, of wltever ,.rade or class, in their respective de-
partients, not less tha seven hours of labor each (lay, except
Sunldays and days dech public lollays iiy law or Executive
order. The heads of e departments 1my, )y special order,
stating tiho reason, fu,1 her extend the hours of any cleric or
employee in their depti tments, respectively; but in case of an
extension it shall b, I itiomt additional coipensation. (Mar.
3, 1893, e.211, § 5, 21 Stat. 715; Mar. 15, 1898, c. 68, § 7, 30'
Stit. 316.)
30. Leaves of abse cc; annual leave; sick leave.--The ]lead
of any delartmenit i 1y grant thirty dayh,' annual leave with
pay In tiny one year f each clerk or employee, such leave to be
exclusive of Siludays lid legal holidays. Wlere soile Inemlber
of the nullediate far ily of a clerk or employee is afilicted with
a contagious diseas and requires the care and attendance of
such emiployee, or vare his or her preosence in the dclfartncnt
would jeopardlize th,,health of fellow clerks, and in exceptional
and meritorious ca,-s, where a clerk or emlployce is personally
ill, and where to Ilait the annual leave to tlirty days In any
one calendar year 'ould work peculiar hardship, it may be ex-
tended, i tie disc:etlon of the head of the departient, with
pay, not exceedhijg thirty days in any one case or il tiy on
calendar year. ais section shall not be construed to prevent
tue head of any executive department from granting thirty
days' annual lett with Iy i any one year to a clerk or emil-
lloyee, iiotwitluil|anding such clerk or employee may have had
during such yea not exceeding thirty days' leave with pay oi
account of slcla ass. Nor slll it lbe construed to mean tiat so
long as a clerk or employee is borne upon th6 rolls of the do-
partient In e less of the tihe herein provided for or granted
that lIe or she haill be entitled to pay during the period of such
exceF dye abse ce,but that tle pay shall stop upon the expl-
ration of tile ;ranted leave. (Mar. 9, 1893, c. 211, § 5, 27 Stat.
715; Mar. 15, 1898, c. 68, § 7, 30 Stat. 316; July 7, 3898, c. 571,
§ 1, 30 Stitt. (53; Feb. 24, 1899, c. 187, § 4, 80 Stat. 800.)
31. Month y reports as to condition of business; extension
of hours U1 service of eimployes.-It siall i,ethe duty of the
head of oe I executive department to require mon~thly r.ports
to be made to him as to tIe condition of the public bushness in
tie several bureaus or offices of hisl department lit Washington ;
and in e( li case where such reports disclose that the public
business Ii in arrears, the band of the departnilt in which
such arr s exist shall requ're, as provilded herein, an exten-
sion of tie hours of service to such clerics or employees as may
/
be neces ary to bring up such arrears of public business.
(Mar. .4,1898, e. 08, § 7, 30 Stat. 316.)
 32 TITLE &.--XE0VT1V LDBPARTME NTS, OFFI(ERS, AND EMPLOYERS

32. Quar-rly report!...to condition of husino, s.-It shall of Columbia, except those officers and employees whose detaijs
be the duty of the head ot caL-;, nxecutlve departucint, or other are specially provided by law, for duty in any bureau, office,
Government establishment at the sc 'fgovernm,:t, not under or other division of any executive department in the District
an executive department, to make at t -Tn.y' ition of each of Columbia, except temporary details for duty connected with
quarter of the fiscal year a written report to _ReKqsIdcnt as their respective offices. (Aug. 5, 1882, c. 389, I04, 22 Stat. 255;
to the condition of the public business in his ex/cutf .fmart- Juno 22, 1900, c. 3514, 1 0, 84 Stat. 449.)
mnet or Government establishment, and whetl'ur any bra 40 Sante; details for duty in Treasury Department.-Noth-
thereof is In arrears. (Mfar. 15, 1898, c. 68, § /, 30 Stat. 310.) in -. ection 30 of this title shall be construed to prevent the
33. Women clerks.-Women may, In the 6,icretion of the Secretary ILI Treasury from detailing one oftlicer from the
t
htead of any department, be appointed to any Q' the clerkships Special Agency- c-, and one from the Customs Service, re-
therein authorized by law, up.n the sanie'reqi Isites and condi- spectively, for duty a Teasury Department at Washing-
tions, and with the same compensations, as rre prescribed for ton, nor to prevent the Conin U __r of Internal Revenue from
nn. (It. S. § 165.) I detailing one revenue agent for du_ 'I_ls office. (Aug. 5,
3-1. Restoration to positions of employees *.ailed into active 1882, c. 389, § 1, 22 Stat. 229.)
military service.-All officers and enlisted ir n of the National 41. Same; detail of officers of Coast Guard,-Nom insec-
Guard and of the Medical Iteselre Corps of the Army who are tion 39 of this title shall be construed to prohibit the du
(Governinent employees and who respond to the call of the Ing of oqficers of the Coast Guard in the District of Columbia
President for service shall, at the expiraf/lon of the military for such periods as the Secretary of the Treasury may deeuin
service to which they are called, be restared to the positions necessary, but the number of officers so detailed shall not exceed
occupied by theim at the time of the call. .;kug. 29, f10, c. 418, ten. (Mar. 4, 1907, c. 2918, § 1, 34 Stat. 1309.)
S1, :19 Stit. 624.) 42. Same; persons In classified service in District for service
35. Preference in appointments to hon,'gably discharged sol- outside District.-Persons in the classified service In the Dis-
diers, sailors, and marines, and widows! and wives thereof.- trict of Columbia shall not be detailed for service outside of
Persons honorably discharged from the I litary or naval serv- the District of Columbia except for or in connection with work
ice by reason of disability resulting fr',;n wounds or sickness pertaining directly to the service at the seat of government of
incurred in the line of duty, shall be1' preferred for appoint- the department or other Government establishment from
meats to civil offices, provided they a . found to possess the which the detail is made. This section shall not be deemed
business capacity necessary for the f,roper discharge of the to apply to the investigation of any matter or the preparation,
duties of such offices. In making apjz0ntmnents to clerical and prosecution, or defense of any suit by the Department of Jus-
other positions in the executive hrail:h of the Government in tice. (Mar. 8, 1917, c. 103, 4 5, 39 Stat. 1121; Mar. 3, 1921,
the Distrit of Columbia or elsewhere preference shall be given c. 124, § 5, 41 Stat. 1308.)
to honorably discharged soldiers, :;siiors, and marines, and 43. Authority to-employ clerks and other employees,-Each
widows of such and to the wlhes of injured t;oldiers, sailors and head of a department is authorl.d to employ In his depart-
nmrines who themselves are not qurlfied, but whos6 wives are ment such number of employees of the various classes recog-
qualified to hold such positions. (I1. S. § 1754; Mar. 3, 1919, nized by chal)ter 13 of this title as may be appropriated for by
c. 97, § 0, 40 Stat. 1293; July 11, 1919, c. 6, 1 1, 41 Stat. 37.) Congress from year to year. (R. S. § 169; Mar. 4, 1923, c. 265,
36. Employment of wives o sodiers and sailors.-The wife 42 Stat. 1488.)
of a soldier or sailor who scr ed In the World War shill not 44. Disbursing clerks.-The disbursing clerks authorized by
be disqualified for ony posltloi or appointment under the Gov- law in the several departments shall be appointed by the
ernment because she Is a marriod woman. (Aug. 31, 1918, c. heads of the respective departments; and shall each give a
100, § 5, 40 Stat. 956.) bond to the United States for the faithful discharge of the
37. Diminution or increase vof number of clerks.-In mak- duties of his office according to law in such amount as
shall
ing any reduction of force ir any of the executive depart. be directed by the Secretary of the Treasury, and with sure-
meits, the iihed of such derpirtment shall retain those per- ties to the hatisfaction of the Solicitor of the
Treasury; and
Font who may be equally qurlified who have been honorably shall from time to. time renew, strengthen, and Iacreae his
discharged from the militar, or naval service of the United official bond, as the Secretary of the Treasury may direct.
States and the widows and orphans of deceased soldiers and (H. S, 11176; Mar. 3, 1883, c. 128, § 1, 22 Stat. 553.)
sailors. (Aug. 15, 1870, c. fr37, § 3, 19 Stat. 169.) 45. Officers, clerks, and employees.-No civil officer, clerk,
38. Details of officers, eniployees, or clerks within depaif- agent, draughtsman, copyist, messenger, assistant messenger,
ment.-Each head of a dept\ttment may, from time to tim,, alter mechanic, engineer, watchman, laborer, or other employee shall
the distribution among th, various bureaus and offices of hlo be employed in any of the executive departments, or subordi-
department, of the clerks and other employees allowed by law, nate bureaus or offices thereof at the seat of government, except
except such clerics or emlj'oyees as may be required by law to as provided by section 43 of this title. (Aug. 15, 1870, e. 287,
be exclusively engaged upon some specific work, as he may § 5, 19 Stat. 169; Aug. 5, 1882, c. 889, § 4, 22 Stat. 255; Mar.
4,
find it necessary and proper to do, but all detalls hereunder 1923, c. 205, 42 Stat. 1488.)
shall be made by written order of the head of the department, 46. Payment for services front appropriations for contin.
and in no case be for a period of time exceeding one hundred gent expenses or for specific or general purposes,-No civil
and twenty days. Details so made may, on expiration, be re- officer, clerk, draughtsman, copylt, messenger, assistant mes-
newed from time lo time by written order of the head of the senger, mechanic. watchman, laborer, or other employee shall
department, in each yrtIcular case, for periods of not exceed- be employed at the seat of government in any excutive de-
lug one hundred and !.wenty dayn. (It. S. § 160; May 28, 1890, partment or subordinate bureau or office thcreof or be paid
c. 252, 0 3, 29 Stat. 17'.) from any appropriation made for contingent expeuses, or for
39. Same; outside District for duty within District,-It shall any specific or general purpose, unless such employment Is
be unlawful to deta.:Y civil officers, clerks, or other subordinate authorized and payment therefor provided in the law granting
employees who are 'uthorized or employed ,under or paid from the appropriation, and then cnly for services actually rendered
appropriations mad for the Military or Naval Egstablisliments, in connection with and for the purposes of the appropriation
or any other branc of the public service outside of the District from which payment is made, and at the rate of compensation
 2'ITLB 5.-EXBOUT1VE DEJART''MENTB, OFFICERS, AND EMJ'LOI'EES
provided for in chapter 13 of this title. (Aug. V, 1882, e. 389,
§ 4, 22 Stat. 255; Vlar. 4, 1923, c. 205, 42 Stat. 1488.)
47. Penalty for violations of sections 45 aud 46 of this
title.-Any person violating the provisions of sections 45 and
40 of this title shall be sumw-='" removed from office, and may
also upon conviction thereof be punished by a fine of not
inore than $1,000 or by Imprisonment for not more than one
year. (Aug. 23, 1912, e. 350, § 5, 37 Stat. 414.)
48. Legal assistance in examination of witnesses.-When-
ever any head of a department or bureau having made ap-
plivation pursuant to section 94 of this title, for a subpoena
to procure the attendance of a witness to be examined, is of
opinion that the Interests of the United States require the at-
tendance of coiuns,. at the examination, or require legal in-
vestigation of any claim pending In his department or bureau,
lieshall give notice thereof to the Attorney General and of
all faclts necessary to enable the Attorney General to furnish
proper professional service in el~ending such examination, or
making such investigation, and it sRhall Ile the duty of the
- Attorney General to provide for such service. (R. S. § 387.)
"----._Employmenl of attorneys or counsel.-No head of a d-
artr l employ attorneys or counsel at the expense of
the United Stat_69s hen in ineed of counsel or odvice, slall
call upon the Depaletnie- -botice, the offliprs of which slall
attend to tile same.. (11. S. § 189.
50. Disposition of moneys accruing fro I -P salaries or
unused appropriatiols for salaries.-AIl imioneys aCcL " *VOI
lapsed salaries, or from anused appropriations for salnrle
shall be covered into the Treasury. Any person violating the
provisions of this s(,ction shall be summarily renoved from
office, and may also conviction thereof be punished :y
0upon
a fine of not more tfail $1,000 or by imprisonment for not miore
than one year. (Aug.,5, 1992, e.:181), § 4, 22 Stat. 255; Aug. 23,
1912, c. 350, § 5, 37 Stit. 414.)
51. Extra compensailon to clerks.-No ioney shall bp prild
to any clerk employed In.any department at an annual salary,
as compensation for extra services, unless expressly authorized
by law. (R. S. § 170.)>
52. Unauthorized office, no salary for.-No money shall be
pal from the Treasur3 to any person acting or assunming to
act is an officer, civil, m, tary, or naval, as salary, in ainy office
when the office is not a ttliorlzed by some previously existing
law, unless such office Issuibscquently sanctioned by law. (R.
S. § 1760.)
53. Detective agency erlployees not to be employed.--No ,ril-
ployce of the Pinkerton "l)etective Agency, or .inthiar agency,
shall be employed iu any ilovermnent service or by any oilcer
of the District of Colunmfia. (Mar. 3, 1893, c. 208, § 1, 27
Stat. 591.)
1
54. Publicity experts l : to be employed without specific
appropriation.-No money i)proprlated by any net ihall be used
for tie compensation of nln, i ubliclty expert unless specifically
appropriated for that purl) c. (Oct. 22, 1913, e. 32, 38 Stat.
212.) i lumbia.-Secton 58 of this title shall not apply to teachers of
55. Experts; compensateij without specific provision for.-
Except as otherwise provid,d in section 53 of Title 31, rio
part of any money approprli: td in any Act shall be used for
compensation or payment of fxpenses of accountants or other
experts inaugurating new or changing old methods of trans-
acting the business of the I ilted States or the District of
Columbia, unless authority foj employment of such services or
payment of such expenses is s, ted in specific terms tu the Act
making provision therefor an the rate of compensation for
such services or expenses is spe' Ifically fixed therein, or be used
for compensation of or expeasoi, for persons, aiding or assisting
such accountants or other expel ts, unless the rate of compen-
sation of or expenses for such n isistants is fixed by officers or
employees of the United States r District of Columbia having
§ 62
authority to do so, and such rates of compensation or expenses
so fixed shall be paid only to the person so employed. (Apr'.
0, 1014, c. 52, § 5, 38 Stat. 335.)
56. Salaries to certain recess appointees.-No money shall be
paid from the Treasury, as salary, to any person appointed dur-
lig the recess of the Senate, to fill a vacancy in any existing
oflice, 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 Senatd, until such appoint6e has been confirmed
by the Senate. The provisions of this section shall not apply
to any person appointed as an original member of the Board of
Tax Appeals, if such appointment was nade prior to December
1, 1024. (R. 3. § 1701; June 7, 1924, c. 377, 43 Stat. 069.)
57. Apportionment of compensation.-All officers. agents, and
employees of the United States, serving for a less period than
a year, shall not be paid for the entire year, but slall be
allowed in no case n greater than a pro rata of the maximun
compensation of such officers respectively for the time only
which they actually serve, whetlcer the same be under one 4,r
more appointments, or befora or after confIrmation. Anrd no
tich officer, agent, or employee shall, in any case, receive "lor
his services, either as fees, salary, fines, penalties, forfeitureq,
or otherwise, for the time he may be in service, beyond the
maximum pro rata rate, provided by law. This section :vhali
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 o'.u (is-
~mInts,
not to exceed an annal nmximum, as irtoso paid
by fi 1 herlwise. (It. S. § 2037.)
58. Double sa .- "-Unless o'herwise specifically anuthorizel
by law, no money approa, ' v any act shall be available
for payment to any person receivi - - than ono. salary
when tile comblned amiount of 9aIll salaries e i surl of
$2,000 per annum. (R. S. § 1763; May 10, 191, c. !17,1 iQ' .
Stat. 120; Aug. 29, 1916, c. 417, 39 Stat. 582.)
59. Same; exceptions; retired officers and enlisted men of
Army, Navy, Marine Corps, or Coast Guard, or oficers and
enlisted men of militia.-Sectioi 58 of this title shall not apply
to retired oflicers or enlisted men of tie Army, Navy, Marine
Corps, or Coast Guard, or to officers and enlisted men of the
Organized Militia and Naval Militia in the seeral States, Ter-
ritories, and the District of Columbia. (May 10, 1910, c. 117,
§ 6, 39 Stat. 120; Aug. 29, ' 1016, c. 417, 39 Stat. 582.)
60. Same; exceptions; employees of Library of Congress.-
INo additional compensation paid to employees of the Library
of Congress who perform special functions for tile perform-
a ace of which funds have been enirustel to the Library of
Congress Trust Fund Board or the Librarian of Congress, or
in connection with cooperative undertakings, in whilch the
I tbrary of Congress is engaged, shall be c.orstrued as n double
salary under the provisions of section 58 of this title. (Mar.
3, 1925, c. 423, § 6, 43 Stat. 1108.)
61. Same; school teachers and employees in District of Co-
the public schools of the District of Columbia when employed
by any of the executive departments or independent establish.
ments of the United States Government; nor to teachers In
the public schools of the District of' Columbia who are also
employed as teachers of night schocls rnd vocation schools;
nor to employees of the school gardert dpartment of the pul-
lie schools of the District of Columbia; i.mor to employees of
the community center department of ile public schools of the
District of Columbia. (Oct. 6, 1017. e, 79, § 9, 40 Stat. 381;
July 8, 1918, c. 139, § 1, 40 Stat. 823; hine 5, 1920, c. 253, § 1,
41 Stat. 1017.)
62. Holding other lucrative office.- No person who holds an
office tile salary or annual eomnpen ,ition attached to which
amounts to the sum of two thousaud five hundred dollars
 § 63 TITLE 5.-EXEOVTIVE DEPARTM.NNTB, OFPICERS, AND EM'PLOYEES
shnll be appointed to or bold any other oies to which com-
pensation 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 when-
ever the President shall appoint them to office by and with
the adviceo and consent of the Senate. Retircl enlisted men 91'
the Army, Navy, Marine Corps, or Coast Guard retr'd for):
any cause, and retired officers -f the Army, Navy, Marine
Corps, or Coast Guard who have been retired for Injuries o-
ceived In battle or for injuries or Incapacity incurred in liue
of duty shall not, within the meaning of this section, be con-
strued to hold or to have held an office during su,-h retire-
ment. (July 31, 1894, c. 174, J 2, 28 Stat. 205; Mar 81, 1924,
c. 214, 43 Stat. 245.)
63. Same; retired officers of Army or Navy employed on
river and harbor improvements.-Section 62 of th!s title shall
not be so construed as to prevent the employment of any retired
officer of the Army or Navy to do work under tha direction of
the Chief of Engineers of the United States Army in connec-
tion with the improvement of rivers and harbors of the United
States, or the payment by the proper officer of the Treasury of
any amounts agreed upon as compensation for ruph employ-
inent. (June 3, 1896, c. 314, 1 7, 29 Stat. 235.)
4. Same; retired officers of Army, e t c., lit Bureau of the
Budgct.-Seetion 62 of this title shall not be construed us
having application to retired officers of the Army, Navy, Marine
Corps, or Coast Guard who may be appoiuted to the offices
created by section 10 of Title 31, within the meaning of pre-
cluding payment to such officers of the difference in pay pre-
scribed for such offices and their et:ered rpay. (Feb. 17, 1922,
c. 55, 42 Stat. 373.)
65. Same; employees of Library of Congress.-Employees of
the Libiary of Congress who perform special functions for the
performance of which funds have been entrusted to the Library
of Coinress Trust Fund Board or the Librarian of Congress,
in connection with cooperative undertakings, in which the
Librar b& 'nyress Is engaged, shall not be subject to the pro-
visions of sectionttle. (lar. 3, 1025, c. 423, 1 0,
43 Stit. 1108.)
66. Receiving salary front source other-tnaY.Iod States,
No Government official or employee shall receive any saly-4-n
connection with his services as suca an official or employee
from tny source other thu. the Government of ibe United
States, except as may be contributed out of the treasury of any
State, county, or municipality, anA no person, association, or
corporation shall make any coat:ibutinn to, or in any way
supplement the salary of, any Government oificia or employee
for the services performed by him for the Government of the
United States. Any person violating any of the terms of this
section shall be deemed guilty of a misdemeanor, and upon
conviction thereof hall be punished by a fine of not less than
$1,000 or Imprisonment for rot less 'zhan six months, or by both
such fine and imprisonment as the court may determine.
(Mar. 3, 1917, c. 103, § 1, 39 Stat. 1100.)
67. Same; employees of Department of Agriulture and For-
est Service.-Officlals and employees of the Department of
Agriculture engaged in activities of the Department of Agri-
culture described in sectiou 563 of this title, and paid in whole
or In part out of funds contributed as provided in said section
503, and the persons, coiporations, or associations making con-
tributlons as provided in said section 503 shall not be subject
to tle provisions of section 66 of this title; nor shall any official
or employee engaged In the cooperative activities of the Forest
Service, or the persons, corporations, or associations contrib-
uting to such activities be subject to said section 00. (July 24,
1019, c. 20, 41 Stat. 270.)
68. Same; immigration officals.-Nothlng In section 60 of
this title shall prevent receiving reimbursements for services
of immigration officials incident to the inspection of aliens In
foreign contiguous territory, and such reimbursements shall be
credited to the appropriation, "Expenses of regulating imumi-
gration." (Mar. 4, 1921, c. 101, § 1, 41 Stat. 1424.)
69. Extra servlces.-No allowance or compensatlon shall he
made to any officer or clerk, by reason o-! th., discharge of
duties which belong to any other officer or clerk in the same
or any other department; and no aUowauq) or compensation
shall be made for any extra services wbittever, which any
officer or clerk may be required to perform, unless expressly
authorized by law. (R. S. § 1764.)
70. 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 recc:ive any additional
pay, extra allowance, or compensation, in any form whatever,
for the dhibursement of public money, or for any other service
or duty mhatever, 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. §
1705.)
71. Extra compensation or perquisites.-..No civil officer of
the Government shall receive any compensriion or perquisites,
directly or indirectly, from the Treasury .r property of the
United States beyond his salary or compe nation allowed by
law. This section shall not be construed .i prevent the em-
ployment and payment by the Department c r Justice of district
attorneys as allowed by law for the perfLimanen of services
not covered by their salaries or fees. (Juie 20, 1874, c. 828,
§ 3, 18 Stat. 109.)
72. Additional compensation to persons ei rployed under gen-
eral or lump-sum appropriatiou.-lt shal rvt be lawful to pay
to any person, employed in the service of the United States
under any general or lump-sum appropriatim, any sum addi-
tional to the regular compensation receivi.- for or attached
to any employment held prior to an appoi ctment or designa-
tion as acting for or instead of an occupant of any other office
or employment. This section shall not be construed as pro-
hibiting regular and permanent appointmints by promotion
from lower to higher grades of employme:1a. (Aug. 1, 1914,
c. 223, 1 12, 38 Stat. 080.)
- 73. Actual traveling expenses only aijowed.-IExcept as
othc wi-. - provided by law, only actual trav -ling expenses shell
be allowed to any pevson holding employmnt or appointment
under the United States, except marshals, district attorneys,
and clerks of the courts of the United States,'and their deputies.
All allowances for mileages and transportat] at in excess of the
amount actually paid, except vs above excpited, are declared
Illegal; and no credit shall be ellowed to atr of the disbursing
officers of the United States -r payme, or allowances in
violation of this section. (Mar. 8, 1875, c; 133, § 1, 18 Stat.
452; June 30, 1870, c. 159, 19 Stat. 05; Ju,. e 10, 1022, c. 212,
§ 12, 42 Stat. 031.)
74. Expenses for subsistence; travelinl on duty.-Unles
otherwise expressly provided by law, no otlVer or employee of
the United States shall be allowed or paid any sum in excess
of expenses actually incurred for subsiste',co while traveling
on duty outside of the District of Colum.a and away from
his designated post of duty, nor any suaeVfor such expenses
actually incurred in excess of $5 per day; I'r shall any allow-
ance or reimbursement for subsistence be p fid to any officer or
employee in.any branch of the public se'lIco of the United
States in the District of Columbia unless al eat from his desig-
nated post of duty outside of the D of Columbia, and
-strle!
then only for the period of time actually ngaged in the dis-
charge of official duties. (Apr. 0, 2914, c. 5 § 1, 38 Stat. 318.)
75. Same; engaged in field work or traveling on official bust.
nesso-Excep an otherwise expressly pro tided by law, the
heads of executive departments and other ,overnment estab-
 TITLE 5.-EXECU'IVii DEI'AR'TMENTS,
listiments nre antliorized to prescribe per diem rates of allow-
anve not exceeding $4 In lieu of subsistence to persons engaged
In field work or traveling on official buness outside of the
District of Columbia and away from their designated posts of
duty when not otherwise fixed by law. The annual estimates
of approprialions from which per diem allowances are to be
pld aliil specifically state the rates of such allowances. (Aug.
1, 1914, c. 223, § 13, 88 2tat. 680.)
76. Free tuition in schools for children of employees of
United States.-The children of employees of the United States
stationed outside of the District of Columbia shall be admitted
to tile public schools without payment of tuition. (June 29,
1922, c. 219, § 1, 42 Stat. 689; Feb. 28, 1923, c. 148, § 1, 42 Stat.
1347; June 7, 1921, c. 302, § 1, 43 Stat. 558; Mar. 3, 1025, c.
477, § 1, 43 Stat. 1233.)
77. Restrictions on payment of expenses of carriages or
vehicles for perponal or official use.-No part of any money
upproarlated by any Act shall be used for'purchasing, maln-
tainirg, driving, or operating any carriage or vehicle (other
than those for the use of the President of the United States,
the heads of the executive departments, andi the Secretary io
the "Iresident, and other than those used for transportation of
property belonging to or in the custody of the United States),
for ule personal or official use of any officer or employee of iny
of tie executive departments or other Government establitsh-
imients at Washington, District of Column,la, unless tho sime
shall be specifically authorized by law or provided for in terms
by approprlation of money, and all such carriages and vehicles
so procured and nscd for official purposes sl.ll have conspicu-
ously pbited thereon at all times the full name of the ex-
ecutive Cepartment or other branch of the public service to
which the same belong and In the service of v hich the same are
used. (MAqr. 18, 1004, c. 716, § 3, 33 Stat. 142; Feb. 3, 1905,
c. 297, § 4, 33 Stat. 687.)
78. Restrictions on payments for purchase or operation of
passenger-cLrrying vehiles.-No appropriation made in any
Act shall be ivallable for tile purchase of any motor-propelled
or horse-draiin passenger-carrying vehicle for the cervice of
any of the executive departments or other Government estab-
lishments, or any branch of the Governmnent service, unless
specific authority Is given therefor. There shall not be ex-
pended out of any appropriation made by Congress any sum for
purchase, maintenance, repair, or operation of motor-propelled
or horse-drawn pssenger-carrying vehicles for any branch of
the public service tf the United States unless the same is spe.
eifically authorized by law. In the est imates for each fiscal
year there shall be submitted in detail estimates for such neces-
' rv appropriations as are intended to bd used for purchae,
maine'a,.uv--ar, or operation of all motor-propelled or
horse-drawn passen'geir-0a.v-- vehicles, specifying the sums
required, the public purposes for wieir- q.vehicles are In-
tended, and the ofliciah or employees by whoa Lk ,71)0 are
to be used. (July 16, 1 A, c. 141, § 5, 38 S'at. 508.)
79. Same; river and harbor improvements.-Section 78 of
this title shll not be corstrucd as applying to the purchase,
maintenance, and repair -f motor boats, trucks, aud otlier
vehicles needed In carrying out the various projects adopted
by Congress for the improvement, preservation, and protection,
of rivers and harbors. (Mar. 4, 1015, c. 142, § 10, 38 Stat. 1051.)
80. Same; field work of Department of Agriculture.-Noth-
lug in section 78 of this title shall be construed to apply to
the hire of motor-propelled and horse-drawn passenger-carrying
vehicles and motor boats necessary in the field work of the
Department of Agriculture, or to the maintenance, repair, or
operation of vehicles so hired. (Aug. 11, 1916, c. 813, 30 Stat.
491.)
81. Same; vehicles transferred by Secretary of War to Sec-
retary of Agriculture.-Section 78 of this title shall not apply
to vehicles transferred by the Secretary of War to the Do-
80270°-26-8
OFFIOERS, AND RMI'LOYEE'S § 80
parlment of Agriculture, under the provisions of section 5 of
Title 23 and section 561 of Title 10. (Mar. 15, 1920, e. 100,
§ 6,41 8Srat. 531.)
82. Officers in airears.-No money Ohull be paid to any pers nu
for his compensation who Is in arrears to the United Slates,
until he has accounted for and paid into the Treasury nll saints
for which he may be liable. In all cases where the tioy or sill-
ary of any per son is withheld in pursuance of this section, the
General Aecolltng Office, If required to do so by the parity,
1is nlgelnlL or at[orney,- shall rcport forthwith to the Soilcitor
of the Treasury the balance due ; and tile solicitor shall, within
sixty da3s thereafter, order suit to be commenced agailnst such
delinquent and his sureties. (It. S. § 1766; June 10, 1921, c. 18,
42 Stat. 23.)
83. Restrictions on paying fees or dues In societies.-No
money appropriated by any Act shall be expended for raehmber-
ship fees or dues of any officer or employee of tile United States
or of the District of Columbia in any society or association or
for expenses of attendance of any person at liny ileeting or
convention of members of any society or assoclation, unl(.l s
such fees, dues, or expenses are authorized to be paid by spe-
chlc appropriations for such purpose; or are provided for ti
express terms in some general npproprl.1ion. Tils section
shall not be so construed 11sto prohibit the paiment frointhe
appropriations for the Department of Agriculture oV exp, ns,,
incidental to the delivery of lectures, the giving of instructi-l.
or the acquiring of information at meetings by its elilloyees
on subjects relating to the work of the department authorized
by law. (June 26, 1912, c.182, § 8, 37 Stat. 181; Mar. 4, 1913,
c. 145, 37 Stat. 854.)
84. Annual or monthly compensation.-Where the compensa-
tion of any person in tile service of tile United Stlates Is
annual or monthly the following rules for division of tiio
ard computation of pay for services rendered are estab-
lished: Annual compensation shall be divided into twelve equal
Installments, one of which shall be the pay for each calendar
month; and In making payments :.ora fractional part of a
month one-thrtieth of one of such installments, or of a monthly
comnpensatlon, shall be the daily rate of pay. For tie purpose
of computing .,uch compensation and for computing time for
services rendered during a fractional part of a month i con-
nection with annual or monthly roinpencation, each an( every
month s'tall be held to consist of thirty days, without regard
to the a:1ual number of days in any calendar month, thus ex-
cluding che 31st of any calendar month from the computa-
tion 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 serftng until tile end thereof
shall be entitled to pay for that month from tle dIto of enlry
to the 30th day of said month, both days inclusive; unit lny
person entering said service during the month of February
and serving until the end thereof shall be entitled tu one
sajnth's pay, less as many thirtieths thereof as there were lays
elapsed prior to (late of entry. For o1e day's unauthorz(d
absence on the 31st day of any calendir ilonth one day's
pay shall be forfeited. (June 3C, If06, c. 3914, § 6, 31 'Fat.
703.)
85. Compensation for clerks o. secretaries of retired otli-
cials.-Except as provided by chapter 14 of thils title, no allow-
ance or eopipensation for clerks or secretarles of oilhhlls of
the United States retired from active service shaiti L,:,
Ized. (July 1, 1S08, c. 540, § 1, 30 Star. 614.)
86. Holidays; for per diem elllployees.-Tliv emloyees of the
Navy Yard, Goernment Printing 0111ce, Blurea of 'rin Ig and
Efigravhng, and all other per diem employees of the (overn.
ment on duty at Washingto:, or elsewhere il tile (Jited States,
shall be allowed .be following holidays, to wit: The 1st day
of January, the 2 2 d day of February, 11h0 day of each year
which is celebrated as "Memorial" or "Decoratlon Day," the
§ 87 TITL- 5.--IXEGUTIVE DEPARTMENTS, OFFICERS, AND EMPLOYEESI

4th day of July, the 25th day of December, und such days as defense to which rests upon the same iacts, circumstances, and
may be designated by the President as dayu for national proofs, the department, bureau, or offtcer shall only be required
thanksgiving, and shall receive tie same pay as on other days. to certify and transmit one statement of the same, and such
(Jan. 6, 1885, No. 5, 23 Stat. 516; Feb. 23, 1887, No. 0, 24 statement shall be held to apply to all such cases, as if made
Stat. 614.) out, certified, and transmitted in each case respectively. (Ii. S.
87. Same; Labor Day.-Tbe first Monday of September in 188.)
catch year, be ig tie day celebrated and known as Labor's 92. Taking oaths or It....:wl..gm~nts.- tin-ll cask 'in
1Iolilday, Is Invide a legal public holiday, to all litteis 1111a which, under the laws of the United States, oaths or acknowl-
Iurposvs, in the .same mianner as Christmas, the 1st day of edgmenti might be taken or made on June 22, 1874, before any
Jimiuary, the 22(1 day of February, tle 30th day of May, end Justice of the peace of any State or Territory, or In the District
tMe 4th day of July tire now made by law public holidays. of Columbia. they may be also taken or made by or before
(June 28, 1894, c. 118, 28 Stat. 90.) any notary public duly appointed in any State, District, or
88. Removal of ofice.-Wienever any public office Is removed Territory, or any of the United States commissioners, and,
by relasolu of sickness which may prevail in the town or city when certified under the hand aid official seal of such notary
where it Is located, a particular account of the cost of such or commissioner, shall have ihe same force and effect as if
removal shall be laid before Congress. (R. S. § 1770.) taken or made by or before fuch justice of the peace. (R. S.
89. Preservation of copies of Statutes at Large.-The varl- § 1778.)
ous ofilcers of the United States. to whom, In virtue of their 93. Oaths to withesses.--Any officer or clerk of any of the
offices and for the uses thereof, copies of the United States departments lawfully Jetailed to investigate frauds on, or at-
Statutes at Large tave been or may be distributed at the tempts to defraud, the Government, or any irregularity or mis-
pulic expense, by authority of law, illall preserve such copies, conduct of any officer or agent of the United States, and any
and deliver them to their successort respectively as a part of officer of the Army, Naiy, Marine Corps or Coast Guard, de-
the property alpertainling to the ( fllce. A printed copy of tailed to conduct an Investigation, and the recorder, and If there
ihis section siall be ir erted in ea,,l. volume of the statutes be none the presiding officer, of any military, naval, or Coast
distributed to any such officers. (R. S. § 1777.) Guard board appointed for such purpose, shall have authority
90. Statutes furnisoed judges to remain public property.- to administer an oath to any witness attending to testify or
All statntns furnished by the United States to district judges, depose in the course of such investigation. (R. S. § 183; Mar.
district attorneys, and clerks of the United States courts under 2, 1001, c. 809, § 3, 31 Stat. 951; Feb. 13, 1911, c. 43, 30 Stat.
this or any other law, shall not become the property of these 8S; Jan. 28, 1915, c. 20, § 1, 38 Stat. 800.)
officers, trot on the expliration of their official term shall be by 94. Subpoenas to witnesses.-Any head of a department or
them turned over and delivered to their respective successors bureau in which a claim against the United States is properly
in oflice. (Aug. 7, 1882, c. 433, § 1, 22 Stat. 336.) pending may apply to any judge or clerk of any court of the
91. Evidence furnished by departments in suits In Court of United States, In any State, DistrIet, or Territory, to issue a
Claimn.-ln ill suits brought against tie United States 1in the subpi(na fo a witnev:s being within the Jurisdiction of such
Court of Cilals founded upon any contract, agreement, or court, to al ear at r. time and place in the subpoena stated,
tni,'liocilon with any delartinent, or any bureau, officer, or before an (flicer authorized to take depositions to be used in
agent of a department, or where the nltter or thing oi wllph the courts i the United States, there to give full and true
the claim Is based Ias been passed upon and deciled by aly answers to such written interrogatories and cross-Interrogato-
department, bureau, or officer autiorl.ed to adjust it, the ries a' may be submitted with the application, or to be orally
Attorney General sliall transmit to such lepartment, bureau, or examined and cross-examined upon the .:ubjct ef such clim.
aflicer, a printed copy of the petition filed by the claimant, 'Ith (I. S. § 184.)
a request that the department, )urcau, or officer, slill furnish 95. Witnesses' fees.-Wittiesses subpoenaed pursuant to the
to tile Attorney General all facts, circumstances, and evidence preceiling section shall be allowed the same compensation as is
touching the claim in the possession or knowledge of the de. allowed witnesses in tie courts of the United States. (R. S.
partment, bureau, or ofilcer. Such. department, bureau, or nill- § 185.)
cer siall, without delay, and within a retsomible time, furnish 96. Compelling testimony.-If any witness, after being duly
tile Attorney General with a f ill statenlt lit, in writing, of all served with such subptena, neglects or refuses to appear, or,,
such facts, hIformation, and pr5 h7---Tmhe Statement sh!dl "on- appearing, refuses to testify, the judge of the district in which
tain a reference to or descripti l -of till s.el official documents the subriena Issued may proceed, upon proper process, to enforce
or papers, If any, as may furn'ish proof of facts referred to in obedleice to the sulpona, or to punish the disobedience, in like
it, or may be necessary and proper for the dlefense of the United mannlr as any court of the United States may do in case of
States against the claim, mentioning the department, office, or process of subpona ad testifleandum Iss,'ed by such court.
place where tie same Is kept or may be procured. If the claim (R. S. § 18d.)
has been passed upon and decided by the department, bureau, 97. Oaths to expense accounts.--Chief clerks of the various
or ollcer, the statement shall succinctly siate the reasons and executive departments and bureaus, or clerks designated by
principles upon which such decision was based. In all cases them "for the purpose, and chiefs of field parties, are required,
whore such decisiol was founded upon any Act of Congress, or empowered, and authorized, when requested, to administer
upon any section or clause of such Act, the same shall be cited toaths, required by law or otherwise, to accounts for travel or
specifically; and If any previons interpretation or construction other expenses against the United States, with like force and
hqQ ben 0 Ih1 n to suwh Act, seftion, or clause by tie department, effect as officers having a seal; for such services when so ren-
bureau, or officer, the same shall be set forth succinctly in tile dered, or when rcaxkro.l ' a d,,nard by ,'otnrles pixb.o, who at
statement, and a copy of tile opilon filed, If any, shall be an- tle time are also salaried officers or employees of tile United
nexed to it. Where any decision in the case has been based States, no charge shall be made; and no fee or money paid for
ipo tiny regulation of a department, or where such regulation the services herein described shall lie paid or reimbursed by tile
Ias, 1Imthe opinion of the department, bureau, or officer trans- United States. (Aug. 24, 1912, c. 355, § 8, 37 Stat. 487.)
mlting such statement, any hearing upon the claim In suit, the 98. Civil pension roll prohibited.-Except as provided in
salie shall be distinctly quoted at length In the statement. But chapter 14 of this title, tle establishment of an honorable serv-
where more than one ease, or a class of cases, Is pending, the ice roll, or tle exemption of any of the officers, clerks, and per-
 TITL 5.-EXEOUTIVE DEPARTMENTS, OFFICERS, AND EMPLOYEEhI
sons its the public serelce from the existing laws respecting
employment In such service, is prohibited. (Feb. 24, 1809,
c. 187, 1 4, 30 Stat. 890.)
99. Ex-officera or employees not to prosecute claims in
Aeartments.-It shall not be lawful for any person appointed
as an officer, clerk, or eznpoyeo in any of the departments, to
act as counsel, attorney, or agent for prosecuting any claim
againrst the United States which was pending in either of said
depari ments while he was such officer, clerk, or employee, nor
n rny manner, nor by any means, to aid In the proecution of
any such claim, within two -ears next after he shall have
ceased to be such officer, clerk, or employee. (R. S. 1 190.)
100. Prosecution of claims for supplies for Military Estab-
lishment.-It shall he unlawful for any person who, as u com-
missioned officer of the Army, or officer or employee of the
United States, has t.t any time since April 6, 1917, been em-
ployed in any bureau of the Government and in such employ-
ment been engaged oa behalf of the United States in procuring
or assisting to procure supplies for tWe Military Establishment,
or who has been engaged in the settlement or adjustment of
contracts or agreements for the procurement of supplies for the
Military Establishment, within two years next after his dis-
charge or other separation from the service of the Government,
to solicit employment in the presentation or to aid or assist for
compensation in the prosecution of claims against the United
States arising out of any contracts or agreements for the pro-
curement of supplies for said bureau, which were pending or
entered Into while the sail officer or employee was associated
therewith. A violation of this provision of this chapter shall
be punished by a fine of not more than $10,OtY or imprisonment
for not more than one year, or both. (July 11, 1910, c. 8, sub-
chapter IV, 41 Stat. 131.)
101. Advertising practice before departments or offices of
Government.-It shall be unlawful for any person, firm, or
corporation practicing before any department or office of the
Government to use the name of any Member of elther House of
Congress or of any officer of the Government In advertising the
said business. (Apr. 27, 1910, c. 89, § 1, S9 Stat. 54.)
102. Expenditures for newspapers.-Tho amount expended
in any one year for newspapers, for any department, except
the Department of State, including allthe bureaus und offices
connected therewith, shall not exceed $100, except where other-
wise specifically authorized by law. No executive offiter, other
than the heads of departments, shall apply more than $.0, annu-
ally, out of the contingent fund under his control, to ray for
newspapers, pamphlets, periodicals, or other books or prints not
necessary for the business of his offici. (R. S. §§ 192, .1779;
June 22, 1900, c. 8514, § 7, 84 Stat. 449.)
103. Expenditures for transportation of remain of deceased
employees. 'Theheads of departments siluil i,,t , ntlio(''70 nnv
expenditure In connection with transportation of remalna of
deceased employees, except when otherwise spcc!2ca1iy pro-
vided by law. (June 7, 1897, c. 8, 1 1, 80 Stat. 80.)
104. Annual reports of expenditure of contingent funds.--
The head of each department, and any bureau of the Govern-
ment, shall make a report to Congress, at the beginning of each
regular session, giving a detailed statement of the manner In
which the contingent fund for his department, and for the
bureaus and offices therein, has been expended, giving the names
of every person to whom any portion thereof has been paid;
mmd if for anything furnished, the quantity and price; and if
for any service rendered, the nature of such service, and the
time employed, and the particular occasion or cause, in brief,
that rendered such service necessary; and the amount of all
former appropriations in each ease on hand, either in the
Treasury or in the hands of any disbursing officer or agent.
He shall require of the disbursing officers, acting under his
direction and authority, the return of precise and analytical
§ 110
statements and recelipts for all the mnoneys wh,eh may have
been from time to time during the n .xt preceling year ex-
pended by them, and k'hall communicate the results of such
returns and the sums total, annually, to Congress. (R. S. §
193; Mar. 8, 1877, c. 10', § 1, 10 Stat. 306; May 29, 1920, e.
214, § 1, -1 Stat. 054.)
105. Reports of traveling expenses of officers and employees
at Washinton.---It shall be the duty of the head of each execu-
tive departinent and other Government establishment at Wash-
ington to submit to Congress at the beginning of each regular
scsion a statement showing in detail what oilicers or employees
(other than special agents, Inspectors, or employees, who in
the discharge of their regular anuties are required to constantly
travel) of such executive department or other Government
establlshment have traveled on oflicial business from Washing-
ton to points outside of the Dis,.rlct of Columbia during the
preceding fiscal year, giving In each case the full title of the
official or employee, the destination or destinations of such
travel, the business or work on account of which the sanme
wits made, and the total expense to the United States charged
In each case. (May 2!1, 1908, c. 180, 1 4, 85 Stat. 244.)
106. Time of making annual reports.-Except where a differ-
ent time Is expressly prescribed by law, the various annual
reports required to be submitted to Congress by the heads of
departments shill be made at the commencement of each rga.
lar session, and shall embrace the transactions of the preceding
year. (IL S. § 195.)
107. Department reports; furnishing to printer.-The head
of each department, except the Department of Justice, shall
furnish to the Public Printer copies of the documents usually
accompanying his annual report. (R. S. I 16.)
108. Copy for annual reports and accompanying docu-
ments.-Appropriations made for printing and binding shall
not be used for any annual report or the accompanying docu-
ments unless the copy therefor is furnished to the Public
Printer In the following manner: Copies of the documents
accompanying such annual reports on or before the 15th day of
October of each year; copies of the annual reports on or before
the 15th day of November of each year; complete revised
proofs of the accompanying documents and the annual reports
on the 10th and 20th days of November of each year, respec-
tively. All of said annual reports and accompanying docu-
ments shall be printed, made public, and available for distri-
bution not later than within the first five days after the assent-
bling of each regular session of Congress. The provisions of
this section shall not apply to the annual reports of the Smith-
sonlan Institution, the Conmilssloner of Patents or the Comp-
troller oj! the Currency. (July 1, 1910, c. 209, § 3, 19 Stat. 330.)
109. Inventories of property.-Tho Sccrctary' of Stat,., the
8ccretary v1 tho Tre' mry, tit- Secretary of the Interlo, timo
Secretary of War, the Secretary of the Navy, ti, ;'otA:n.ste"r
General, the Attorney General, the Secretary of A,'hI '!tur.,
the Secretary of Commerce, and the Secretary of labor shall
lreep, In proper books, a complete inventory of all the property
belonging to the United States in the buildings, rooins, ollivms,
and grounds occupied by themum, respcetively, ind umier Mlir
charge, adding thereto, from time -o time, an account of smli
property as may be procured subsequently to the htking (i' snih
lnvenfcTry a well as an account of the sale or other dlislp4lon-
of any of such property, except supplies of stationery and ful
in the public offices and books, pamphlets, and papers in tie
Librmry of Congress. (R. S. I 19T; Feb. 27, 1877, c. 09, .4 1,
19 Stat. 241; Feb. 0, 1889, e. 122, § 1, 25, Stat. (159; Feb. 1i, !"J03,
c. 552, 1 1, 82 Stat. 825; Mar. 4, 1913, c. 141, § 1, 87 Stat. 736.)
110. Transfer of miscellaneous books to District Public
Library.-Any books of a miscellaneous character no longer
required for the use of any executive department, or bureau,
*l 111 TT'L 5.-EXOUTJVE D' PARTAL
c.r commission of the Government, and not deemed an advis-
able addition to the Library of Congress, shall, if appropriate
to the uses of the Free Public Library of the District of Co-
lumbia, be turned over to that library for general use as a part
thereof. (Feb. 25, 1003, c. 755, § 1, 32 Stat. 865.)
111. Custody of files and records of war agencies.-Except
as otherwise provided by law the President is authorized to
transfer to the custody and care of such of tile departments or
independent establishments as he may determine the files and
iecords of the agencies created for the period of the World War
upon the discontinuance of such activities. (July 19. 1919,
c. 24, 5 4, 41 Stat. 233.)
.
112. Disposition of useless papers.-Except as otherwise
provided by law, whenever there shall be in any one of the
executive departments of the Government, or in tie varlou3
public buildings under the control of such departments, an
accumulation of files (if papers, which are not needed or useful
in the transaction of the current business of such department
and have no permanent value or historical interest, it shall
be the duty of the head of such department to submit to
Congress a report of that fact, accompanied by a concise state-
ment of the condition and character of such papers.
Upon the submission of such report, it shall be the duty of
the presihing officer of the Senate to appoint two Senators,
and of the Speaker of the House of Representatives to appoint
two Representatives, and the Senators and Representatives so
appohited shall constitute a joint committee, to which shall be
referred such recpdrit, with the accompanying statement of the
condition and character of such papers, and such Joint com-
mnittee shall meet and examine such report and statement and
the papers therein described, and submit to the Senate and
House, respectively, a report of such examination and their
recommendation.
If ulchi joint connittee report that such files of papers, or
any part thereof are not needed or useful In the transaction of
the current bvsiness of such department, and have nc per-
nmnent value oi historical interest, then it shall be the duty of
such head of the department to sell as waste paper, or other-
wise dispose of such iles of papers upon the best obtainable
terms after duo publication of notice inviting proposals there-
for, and receive and pay the proceeds thereof into tihe Treasury
of the United States, and make report thereof to Congress.
(Mar. 3, 1891, c. 130, § 1, 21 Stat. 412; Aug. 5, 1882, e. 389,
§ 1, 22 Stat. 228; Feb. 10, 1889, e. 171, 25 Stat. 672; Mar. 2,
1895, e. 189, § 1, 28 Stat. 933.)
113. Prohibition of contributions or presents to superiors.-
No officer, clerk, or employee in the United States Government
employ shall at any time solicit contributions from other offi-
cers, clerks, or emplo3 ces in the Government service for a gift
or present to those in a superior official position; nor shall any
such olliclals or clerical superiors receive any gift or present
offered or presented to them as a contribution from persons In
Governmnent enuploy receiving a less salary than themselves;
nor shall any ollicer or clerk malee any donation as a gift ot
present to any ollicial superior. Every- person who violates this
ser.tion shall be summuarily discharged from the Governmean-t
employ. (R. S. § 17&.)
114. Foreign decorations.-Except as otherwise provided in
chapter 33 -of Title 10, no decoration, or other thing, the
acceptance of which may be authorized by consent of Congress,
by any officer of the United States, from any foreign govern-
meant, shall be publicly shown or exposed upon the person of
the offlicer so receiving the same. (Jan. 31, 1881, e. 32, 5 2, 21
Stat. 604.)
115. Same; delivery through State Department.-Any pres-
ent, decoration, or other thing, which shall be conferred or
presented by any foreign government to any officer of the
United States, civil, naval, or *military, ahal1" be tendered
ITS, OFIICBdRS, "AND -EMPLOYEES
through the Department of State, and not to the individual in
person, but such present, decoration, or other thing shall not
be delivered by the Department of State unless so authorized
by act of Congress. (Jan. 31, 1881, c. 32, § 3, 21 Stat. 604.)
Cross reference: See also section 1423 of Title 10.
116. Medals for services; duplicates on loss or destruction.-
In any case where the President of the United States has,
under any Act or resolution of Congrss, caused any medal to
be made and presented to any officer cr person in the United
States on account of distinguished ov meritorious services, on
a proper showing made by such person to the satisfaction of
the President that such medal la; been lost or destroyed
through no fault of the beneficiary, and that diligent search
has been made therefor, the Preside:it Is authorized to cause to
be prepared and delivered to such person a duplicate of such
medal, the cost of which shall be paid out or any money in
the Treasury not otherwise appropriated. (Apr. 15, 1904, No.
23, 33 Stat. 588.)
117. United States Geographic Board; payment of expendi-
tures.-AI1 expenditures of United States Geographic Board
shall be paid upon vouchers approved by it and signed by Its
secretary, who shall act as its disbursing agent without bond.
(Feb. 13, 1923, c. 72, 42 Stat. 12,41.)
Chapter 2.-DEPARTMENT OF STATE.
See.
151. Establishment of department.
152. Undersecretary of State and Assistant Secretaries of State.
153. Chief of Bureau of Accounts as disbursing clerk.
154. Distibution of duties of oileers, cletks, and employees.
155. Personal services other than those provided for.
150. Management of foreign afftairs.
157. Foreign trade relations.
158. Custody of seals and property.
150. Promulgation of law,.
100. Amendments to Constitution.
161. State statutes to be procured.
102. Information as to work of Department of Commerce.
163. Reports of information relating to commerce.
104. Statempnt of expenditures from contingent fund.
105. Copies of Acts and treaties furnished to printer.
160. rees for copies of records.
107. Territorial papers; collection, etc., for States by chief of division
of publications; clerical assistant*.
108. Same; copies for Stateg.
Section 151. Establishment of department.-There shall be
at the seat of government an cx.lcutivo department to be
known as the Department of State, and a Secretary of State,
who shall be the head thereof. (I. S. 5 199.)
Cross reference: Solar,: of lecretary; see section 3 of this title.
152. Undersecretary of State and Assistant Secretaries
of State.-There shall be in tile Department of State an Under-
secretary of State and four Assistant Secretaries of State,
each of whom shall be appointed by the President, by and with
the advice and consent of the Senate. The Assistant Secre-
taries of State shall be without numerical distinction of rank.
(R. S. § 200; Jlni 20, 1874, c. 828, § 1, 18 Stat. 90; Mar. 3,
1017, e. 103, § 1, LID Stat. 1082; Mar. 1, 1919, c. 80, § 1, 40
Stat. 1224; Jan. 3, 1923, c. 21, 42 Stat. 1008; May 24, 1924,
c. 182, §2),, 43 Stat. 146.)
153. Chief of Bureau of Accounts as disbursing clerk.--The
Chief of the Bureau of Accounts may be appointed by the head
of the department disbursing clerk of the Department of State,
(Mar. 3, 1875, e. 129, § 1, 18 Stat. 349.)
154. Distribution of duties of officers, clerks, and em-
ployees.i-Tho Secretary of State may prescribe duties for the
Undersecretary of State, time Asaistant Secretaries, and the so.
lleltor, not Interfering with his duties as an officer of the Depart-
ment of Justice, and the clerks of bureaus, as well as for all the
other employees in the department, and may make changes
and transfers therein when, in his judgment, it becomes neces-
sary. (Juno 20, 1874, e. 828, § 1, 18 Stat, 00.)