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ED STATES OF AMERICA
7-14-51 Page 7
TITLE 4.-FLAG AND SEAL
by reason of his residing within a Federal area or receiving income from transactions occurring or services performed in such area; and such State or taxing authority shall have full jurisdiction and power to levy and collect such tax in any Federal area within such State to the same extent and with the same effect as though such area was not a Federal area.
(b) The provisions of subsection (a) shall be applicable only with respect to income or receipts received after December 31, 1940. (July 30, 1947, ch. 389, § 1, 61 Stat. 641.)
8 107. Same; exception of United States, its instrumentalities, and authorized purchases therefrom.-(a) The provisions of sections 105 and 106 of this title shall not be deemed to authorize the levy or collection of any tax on or from the United States or any instrumentality thereof, or the levy or collection of any tax with respect to sale, purchase, storage, or use of tangible personal property sold by the United States or any instrumentality thereof to any authorized purchaser.
(b) A person shall be deemed to be an authorized purchaser under this section only with respect to purchases which he is permitted to make from commissaries, ship's stores, or voluntary unincorporated organizations of Army or Navy personnel, under regulations promulgated by the Secretary of War or the Secretary of the Navy. (July 30, 1947, ch. 389, § 1, 61 Stat. 641.)
References in text.—The Secretary of War referred to in the text has been changed to the Secretary of the Army by Act July 26, 1947; ch. 343, Title II, $ 205(a), 61 Stat. 501.
8 108. Same; jurisdiction of United States over Federal areas unaffected.—The provisions of sections 105 to 110 of this title shall not for the purposes of any other provision of law be deemed to deprive the United States of exclusive jurisdiction over any Federal area over which it would otherwise have exclusive jurisdiction or to limit the jurisdiction of the United States over any Federal area. (July 30, 1947, ch. 389, $1, 61 Stat. 641.)
8110. Same; definitions.-As used in sections 105—109 of this title
(a) The term "person” shall have the meaning assigned to it in section 3797 of title 26.
(b) The term “sales or use tax” means any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property, except a tax with respect to which the provisions of section 104 of this title are applicable.
(c) The term "income tax” means any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts.
(a) The term "State" includes any Territory or possession of the United States.
(e) The term “Federal area" means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State. (July 30, 1947, ch. 389, § 1, 61 Stat. 641.)
OFFICERS AND EMPLOYEES
AND OFFICERS GENERALLY 8 3. Salaries of heads of executive departments.—The rate of basic compensation of the heads of executive departments who are members of the President's Cabinet shall be $22,500 per annum each. (As amended Oct. 15, 1949, ch. 695, § 1, 63 Stat..)
1949 amendment.--Act Oct. 15, 1949, cited to text, amended section by increasing the basic rate of compensation from $15,000 to $22,500 per annum.
Effective date.-Section 9 of Act Oct. 15, 1949, cited to text, provided that: “This Act shall take effect on the first day of the first pay period which begins after the date of enactment of this Act (Oct. 15. 1949).
Appropriations for payment of increased salaries.-Section 7 of Act Oct. 15, 1949, cited to text, provided that: “The applicable appropriation for the fiscal year ending June 30, 1950, shall be available for payment of compensation at the rate established for any position by or pursuant to this Act unless it is specifically provided that such appropriation shall not be available for such pur
Absorption of increased compensation costs.—Section 8 of Act Oct. 15, 1949, cited to text, provided that: “The head of each department or independent agency in the executive branch of the Government, having personnel subject to the provisions of this Act, is authorized and directed to absorb the increased costs during the fiscal year 1950 resulting from the enactment of this Act within any unobligated or unexpended balances in appropriations available to such depart. ment or independent agency. This section shall not apply to any agency with respect to which the Director of the Bureau of the Budget shall certify that absorption of such increased costs would impair the proper performance of its functions.'' 8 22. Departmental regulations
EXECUTIVE ORDER NO. 9980
JULY 27, 1948, 13 F.R. 4311
THE FEDERAL ESTABLISHMENT
2. The head of each department in the executive branch of the Government shall be personally responsible for an effective program to insure that fair employment policies are fully observed in all personnel actions within his department.
3. The head of each department shall designate an official thereof as Fair Employment Officer. Such Officer shall be given full operating responsibility, under the immediate supervision of the department head, for carrying out the fair-employment policy herein stated. Notice of the appointment of such Officer shall be given to all officers and employees of the department. The Fair Employ. ment Officer shall, among other things
(a) Appraise the personnel actions of the department at regular intervals to determine their conformity to the fair-employment policy expressed in this order.
(b) Receive complaints or appeals concerning personnel actions taken in the department on grounds of alleged discrimination because of race, color, religion, or national origin.
(c) Appoint such central or regional deputies, committees, or hearing boards, from among the officers or employees of tho department, as he may find necessary or desirable on a temporary or permanent basis to investigate, or to receive, complaints of discrimination.
(d) Take necessary corrective or disciplinary action, in consultation with, or on the basis of delegated authority from, the head of the department.
4. The findings or action of the Fair Employment Officer shall be subject to direct appeal to the head of the department. The decision of the head of the department on such appeal shall be subject to appeal to the Fair Employment Board of the Civil Service Commission, hereinafter provided for.
5. There shall be established in the Civil Service Commission a Fair Employ. ment Board (hereinafter referred to as the Board) of not less than seven persons, the members of which shall be officers or employees of the Commission. The Board shall
(a) Have authority to review decisions made by the head of any department which are appealed pursuant to the provisions of this order, or referred to the Board by the head of the department for advice, and to make recommendations to such head. In any instance in which the recommendation of the Board is not promptly and fully carried out the case shall be reported by the Board to the President, for such action as he finds necessary.
(b) Make rules and regulations, in consultation with the Civil Service Commission, deemed necessary to carry out the Board 's duties and responsibilities under this order.
(c) Advise all departments on problems and policies relating to fair om. ployment.
(a) Disseminate information pertinent to fair-employment programs.
(e) Coordinate the fair-employment policies and procedures of the several departments.
(1) Make reports and submit recommendations to the Civil Service Commission for transmittal to the President from time to time, as may be necessary to the maintenance of the fair-employment program.
6. All departments are directed to furnish to the Board all information needed for the review of personnel actions or for the compilation of reports.
7. The term "department” as used herein shall refer to all departments and agencies of the executive branch of the Government, including the Civil Service Commission. The term “personnel action, as used herein, shall include failure to act. Persons failing of appointment who allege a grievance relating to discrimination shall be entitled to the remedies herein provided.
8. The means of relief provided by this order shall be supplemental to those provided by existing statutes, Executive orders, and regulations. The Civil Service Commission shall have authority, in consultation with the Board, to make such additional regulations, and to amend existing regulations, in such manner as may be found necessary or desirable to carry out the purposes of this order.
8 22a. Delegation of powers and authority to subordinate officials.The head of any department may delegate to subordinate officials (1) the power vested in him by law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his department; (2) the anthority vested in him by section 675 of title 31 to direct the purchase of articles from contingent funds; and (3) the authority vested in him by section 324 of title 44, to authorize the publication of advertisements, notices or proposals. (Aug. 2, 1946, ch. 744, § 12, 60 Stat. 809.)
8 26a. Repealed. June 30, 1945, ch. 212, title VI, § 604 (c), 59 Stat. 303.
Section, Act Mar. 3, 1931, ch. 396, 46 Stat. 1482, provided for Saturday half holidays.
Section was suspended by the following acts: Dec. 22, 1942, ch. 798, 83, 56 Stat. 1069, eff. Dec. 1, 1942; May 7, 1943, ch. 93, 96, 57 Stat. 77, set out as section 1405 of appendix to title 50; and the following executive orders: No. 8816, July 5, 1941, 6 F. R. 3265; No. 8876, Aug. 30, 1941, 6 F. R. 171; No. 9018, Jan. 12, 1942, 1 F. R. 238.
§ 29. Repealed. June 30, 1945, ch. 212, Title VI, § 604 (c), 59 Stat. 803.
Act Oct. 21, 1940, ch. 903, 54 Stat. 1205; Act June 3, 1941, ch. 168, 55 Stat. 241; Res. July 3, 1942, ch. 482, 56 Stat. 645, amended by Act Oct. 2, 1942, ch. 677, 56 Stat. 765; Res. Dec. 22, 1942, ch. 798, 56 Stat. 1068, providing for overtime compensation for all civilian employees of the United States Government, including employees of the Panama Canal Zone, expired Apr. 30, 1943.
Validation of payments in excess of maximum compensation.-Act Doc. 7, 1944, ch. 520, 58 Stat. 796, as amended Aug. 8, 1946, ch. 872, 60 Stat. 923, provided: "That employees or former employees of the United States who were in the purview of Public Law 821, Seventy-seventh Congress, approved Dec. 22, 1942
Res. Dec. 22, 1942, ch. 798, 56 Stat. 1068, (set ont as a 'note under this section)) which law was in effect from Dec. 1, 1942, to Apr. 30, 1943, and which limited the overtime compensation of any employee to an amount which will not cause his aggregate compensation to exceed a rate of $5,000 per annum', (1) are hereby relieved of liability to repay to the United States any amounts received by them for any pay period which were in excess of the maximum compensation to which they were entitled for such period under the provisions of said Public Law 821 and (2) shall be entitled to refunds of any such amounts that they have repaid to the United States: Provided, That in no case shall there be validated aggregate payment to ao employee in excess of six-twelfths of $5,000.'
8 30. Leaves of absence; annual leave; sick leave.
Leave to attend funerals of deceased veterans returned to United States for burial.-Act Aug 16, 1949, ch. 441, 63 Stat. 608, provided : “That employees in the executive branch of the Government who are veterans of the Spanish-American War, Worl! War I, or World War II may be excused from duty, without loss of pay or dedoction from their annual leave, for such time as may be nee. essary, but not in excess of four hours in any one day, to enable them to participate as active pall-beurers or as members of firing squads or guards of honor in funeral ceremonies for members of the armed forces of the United States who lost their lives in World War II and whose remains are returned from abroad for final interment in the United States."
$ 30b-1. Same; part-time employees.—Part-time officers and employees for whom there has been established a regular tour of duty covering not less than five days in any administrative workweek shall, unless otherwise excepted, be entitled to the benefits pro rata of seetions 30b and 30c-301 of this title, and section 1157 of appendix to Title 50, and such Acts are hereby amended accordingly. (Oct. 5, 1949, ch. 598, § 1, 63 Stat. 703.)
Validating prior payments.--Section 2 of Act Oct. 5, 1949, cited to text, provided that: “Any person who prior to the enactment of this Act (this section) received any amount the payment of which is authorized for the first time by this Act (this section] is hereby relieved of all liability to refund to the United States any such amount.”
8 30n-1. Repealed. June 26, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948.
Section, Act Oct. 14, 1941, ch. 436, 55 Stat. 737, relating to government employees absent as witnesses in certain cases, is covered by section 1823 of new Title 28, Judiciary and Judicial Procedure.
8 32. Repealed. Aug. 7, 1946, ch. 770, 8 1 (1), 60 Stat. 866.
Section codified from Act Mar. 3, 1893, ch. 211, 05 (par. 4), 27 Stat. 715, as amended by Act Mar. 15, 1898, ch. 68, 07, 30 Stat. 316.
8 558. Temporary employment of experts or consultants; rate of compensation.-The head of any department, when authorized in an appropriation or other Act, may procure the temporary (not in excess of one year) or intermittent services of experts or consultants
D or organizations thereof, including stenographic reporting services, by contract, and in such cases such service shall be without regard to the civil-service and classification laws (but as to agencies subject to sections 661-663, 664-673, and 674 of this title at rates not in excess of the per diem equivalent of the highest rate payable under said
sections, unless other rates are specifically provided in the appropriation or other law) and, except in the case of stenographic reporting services by organizations, without regard to section 5 of Title 41. (Aug. 2, 1946, ch. 744, § 15, 60 Stat. 810.)
Persons exempted from application of this section, see note under section 73a of this title.
Travel expenses of consultants or experts, see section 73b-2 of this title.
861a-1. Employment during terminal leave from armed forces(a) Payment of pay and allowances due from armed forces in addition to regular compensation. Any person, who, subsequent to May 1, 1940, shall have performed active service in the armed forces, may, while on terminal leave pending separation from or release from active duty in such service under honorable conditions, enter or reenter employment of the Government of the United States, its Territories or possessions, or the District of Columbia (including aus corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the Government of the United States, or any department, agency, or establishnient thereof, whether or not the employees thereof are paid from funds appropriated by Congress), and, in addition to compensation for such employment shall be entitled to receive pay and allowances from the armed forces for the unexpired portion of such terminal leave at the same rates and to the same extent as if he had not entered or reentered such employment.
(b) Lump sum payments for accumulated or accrued leave upon entering Government service.-Any such person who, prior to November 21, 1945, entered or reentered such employment without having used all accumulated and current accrued leave to which he would have been entitled as a result of such service had he not entered or reentered such employment, shall, upon application therefor filed with the Secretary of War, the Secretary of the Navy, the Secretary of Cominerce, or the Federal Security Administrator, as the case may be, be entitled to be paid a lump sum equal in amount to the pay and allowances to which he would have been entitled while on terminal leave for the unused portion of such accumulated and current accrued leave had he not entered or reentered such employment.
(c) Compensation for services rendered.--Any such person who, while on terminal leave from the armed forces, performed or shall on or after November 21, 1945 perform services for the Government of the United States, its Territories or possessions, or the District of Columbia (including any corporation created under authority of an Act of Congress which is either wholly coritrolled or wholly owned hy the Government of the United States, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress), for which he would have been entitled to be paid had he regularly become employed or reem. ployed in a civilian position prior to performing such services, and had he not been receiving pay and allowances from the armed forces for the period during which such services were performed, shall, if he has not otherwise been compensated for such services, be entitled, upon application therefor filed with the General Accounting Office, or, in the case of a person performing such services for a Territory or possession, filed with the appropriate agency or officer of the Government of such
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