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or by the immediate familes of such officers and employees when circumstances prevent the officers and employees from designating such locations or when it is administratively impracticable to determine the intent of the officers or employees in this respect: Provided, That if such location designated by either the officers or employees or their immediate families is within an area to which such movement is prohibited for the aforesaid reasons, an alternate location may be designated by either the officers or employees concerned or their immediate families: And provided further, That such immediate families and household goods may later be transported at Government expense from the designated location or alternate location authorized in this subsection to a duty station to which the officers or employees concerned are assigned, and to which the above restrictions do not apply. (Aug. 2, 1946, ch. 744, § 1, 60 Stat. 806, amended July 26, 1947, ch. 343, Title II, § 205 (a), 61 Stat. 501; Sept. 23, 1950, ch. 1010, §§ 1, 3(b), 64 Stat..)

References in text.-The Foreign Service Act of 1946 referred to in text of subsection (a) is classified to sections 801-1204 of Title 22, Foreign Relations and Intercourse.

1950 Amendments.-Subsec. (a) amended by Act Sept. 23, 1950, §§ 1 (a) (b), 3(b), cited to text, to allow payment of expenses when authorized or approved by officials of the department instead of requiring authorization in the orders directing travel, to omit a reference to repealed provisions in second proviso, and to add fifth proviso allowing the same expenses and imposing the same limitations for officers and employees transferred outside the United States as for new appointees.

Subsec. (d) added to Act Sept. 23, 1950, § 1(c), cited to text.

Effective date.-Section 20 of Act Aug. 2, 1946, cited to text, provided that this section shall become effective on the first day of the third calendar month following its enactment.

Change of name.-The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of Act July 26, 1947, cited to text.

Short title. By section 21 of Act Aug. 2, 1946, cited to text, as added by Act Sept. 23, 1950, § 4, cited to text, Congress provided that said Act Aug. 2, 1946, sections 22a, 55a, 73b to 73b-4, 77, 78, 95a, 116a, 118g, and former sections 73a and 118d of this title, section 1645 of Title 19, section 529 of Title 31, section 5 of Title 41, and section 321 of Title 44, should be popularly known as the "Administrative Expenses Act of 1946.''

Validation of payments made by disbursing officers prior to May 12, 1948.-Act May 12, 1948, ch. 284, 62 Stat. 231, provided: "That payments heretofore made by disbursing officers covering the cost of shipment of household effects of civilian employees of the Government of the United States made under orders directing permanent change of station of said employees where such shipments were made from the last permanent-duty station of said employees or from some other place, to some place other than the new permanent-duty station of such employees, are hereby validated, if otherwise proper, and such employees shall be relieved of indebtedness to the United States on account of such shipments to the extent that such payments do not exceed the cost which would have been properly borne by the United States for such shipments under laws and regulations in effect at the time of such shipments, had such shipments been made from the old to the new permanent-duty station of such employees: Provided, That in any case where a civilian employee has made refundment to the United States on account of payments herein validated, reimbursement of the amount so refunded is hereby authorized to be made to such employee on the presentation of a claim therefor to the General Accounting Office: Provided further, That employees who paid the carriers the amount due covering the shipment of their household effects shall be entitled to reimbursement of so much of the amount expended, if otherwise proper, as does not exceed the cost of such shipment from the old to the new permanent-duty station upon presentation of a claim therefor to the General Accounting Office: And provided further, That amounts due deceased persons or persons determined to be mentally incompetent shall be paid to the extent herein provided upon presentation of a claim therefor to the General Accounting Office by their heirs or personal repre

sentatives.

"Sec. 2. The Comptroller General of the United States is authorized and directed to allow credit in the settlement of accounts of disbursing officers of the Government of the United States covering payments for the shipment of household effects of civilian employees which are, and to the extent that such payments are, validated by section 1 hereof.

"Sec. 3. Such appropriations as may be required for the settlement of claims under the provisions of this Act are hereby authorized."

§ 73b-2. Travel expenses of consultants or experts; transportation of persons serving without compensation.-Persons in the Government service employed intermittently as consultants or experts and receiving compensation on a per diem when actually employed basis may be allowed travel expenses while away from their homes or regular places of business, including per diem in lieu of subsistence while at place of such employment, in accordance with the Standardized Government Travel Regulations, sections 73a, 821-823 and 827-833 of this title, and persons serving without compensation or at $1 per annum may be allowed, while away from their homes or regular places of business, transportation in accordance with said regulations and section 73a of this title, and not to exceed $10 per diem in lieu of subsistence en route and at place of such service or employment unless a higher rate is specifically provided in an appropriation or other Act. (Aug. 2, 1946, ch. 744, § 5, 60 Stat. 808.)

Persons exempted from application of this section, see note under section 73a of this title.

Temporary employment of experts and consultants, see section 55a of this title. § 73b-3. Travel expenses of new appointees; transportation of families, household goods and personal effects.-Appropriations for the departments shall be available, in accordance with regulations prescribed by the President, for expenses of travel of new appointees, expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects from places of actual residence at time of appointment to places of employment outside continental United States, and for such expenses on return of employees from their post of duty outside continental United States to the places of their actual residence at time of assignment to duty outside the United States: Provided, That such expenses of travel and transportation to posts of duty outside the continental United States shall not be allowed unless and until the person selected for appointment shall agree in writing to remain in the Government service for twelve months following his appointment, unless separated for reasons beyond his control and acceptable to the department or agency concerned and in case of violation of such agreement any moneys expended by the United States on account of such travel and transportation shall be recoverable from the individual concerned as a debt due the United States: And provided further, That expenses of return travel and transportation upon separation from the service shall be allowed whether such separation is for the purposes of the Government or for personal convenience, but shall not be allowed unless such persons selected for appointment outside the continental United States shall have served for a minimum period of not less than one nor more than three years prescribed in advance by the head of the department or agency concerned or unless separation is for reasons beyond the control of the individual and acceptable to the depart

ment or agency concerned. This section shall not apply to appropriations for the Foreign Service, State Department. (Aug. 2, 1946, ch. 744, § 7, 60 Stat. 808, amended Sept. 23, 1950, ch. 1010, § 2, 64 Stat. —.)

1950 amendments.-Act Sept. 23, 1950, cited to text, amended section to make allowance of return transportation dependent upon service of a minimum period of 1 to 3 years prescribed by the head of the department.

Short title.-Section as a part of the Administrative Expenses Act of 1946, see Short Title note under section 73b-1 of this title.

Cross references.-Provisions of this section applicable to transfer of officers and employees to posts outside United States and return therefrom, see section 73b-1 (a) of this title.

§ 73b-4. Definitions.-The word "department" as used in sections 22a, 55a, 73a, 73b to 73b-3, 77, 78, 95a, 116a, 118d-1, and 118h of this title, section 529 of Title 31, and section 5 of Title 41 shall be construed to include independent establishments, other agencies, wholly owned Government corporations (the transactions of which corporations shall be subject to the authorizations and limitations of said sections, except that section 5 of Title 41 shall apply to their administrative transactions only), and the government of the District of Columbia, but shall not include the Senate, House of Representatives, or office of the Architect of the Capitol, or the officers or employees thereof. The words "continental United States" as used in sections 73b-1 and 73b-3 of this title shall be construed to mean the forty-eight States and the District of Columbia. The word "Government" shall be construed to include the government of the District of Columbia. The word "appropriation" shall be construed as including funds made available by legislation under section 849 of Title 31. (Aug. 2, 1946, ch. 744, § 18, 60 Stat. 811.)

§ 73c. Transportation of effect; automobiles.-Hereafter, no law or regulation authorizing or permitting the transportation at Government expense of the effects of officers, employees, or other persons, shall be construed or applied as including or authorizing the transportation of an automobile: Provided, That not more than $5,000 in any fiscal year may be expended for such purposes by the Department of the Army, and not more than $5,000 in any fiscal year by the Navy Department. (June 30, 1932, ch. 314, § 209, 47 Stat. 405, as amended Apr. 30, 1940, ch. 172, 54 Stat. 174; Aug. 13, 1946, ch. 957, title XI, § 1131 (64), 60 Stat. 1040; July 26, 1947, ch. 343, Title II, § 205 (a), 61 Stat. 501.)

1946 Amendment.-Act Aug. 13, 1946, cited to text, amended section by repealing proviso which authorized the Department of State to expend available funds for ocean transportation of personally owned automobiles.

Effective Date.-Section 1141 of Act Aug. 13, 1946, cited to text, provided that the Act should become effective three months after Aug. 13, 1946.

Effective date of Act June 30, 1932, cited to text, see note under section 823 of this title.

Repeals. Repeal of inconsistent laws by Act June 30, 1932, cited to text, see note set out under section 823 of this title.

Change of Name.-The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of Act July 26, 1947, cited to text.

§ 73c-1. Repealed. Aug. 2, 1946, ch. 744, § 2, 60 Stat. 807, eff. Nov. 1, 1946.

Section, Act Oct. 10, 1940, ch. 848, 54 Stat. 1105, related to transportation of household goods and personal effects of civilian employees, and is now covered by section 73b-1 of this title.

§ 73c-2. Availability of appropriations for expenses of travel. Section, Acts June 28, 1941, ch. 259, § 5, 55 Stat. 360; July 2, 1942, ch. 473, § 5, 56 Stat. 561, made available appropriations for transfer of household goods and effects authorized by former section 73c-1, and was omitted because of the repeal of said section 73c-1.

§ 73d. Traveling expenses to and from Virgin Islands; transportation of bodies of deceased persons.-The Secretary of the Interior is authorized to furnish to persons appointed from the continental United States for employment in the service of the United States in the Virgin Islands, and to persons who may be discharged without prejudice or, after a period of service of not less than one year, may resign from the service of the United States in the Virgin Islands, free transportation between a port in the United States and the post of duty in the Virgin Islands. The Secretary of the Interior is further authorized to furnish to persons appointed from the continental United States and employed in the service of the United States in the Virgin Islands free transportation from the post of duty to a port in the continental United States and return for the purpose of taking leave, but not more frequently in the case of any persons than once during each two-year period of service.

The Secretary of the Interior is further authorized to provide free transportation of the bodies of deceased persons formerly appointed from the continental United States for employment in the service of the United States in the Virgin Islands, from the post of duty previously held in the Virgin Islands to such destination in the continental United States as may be requested by the deceased person's nearest relatives and/or friends. (June 5, 1936, ch. 526, 49 Stat. 1483.)

Repeal.-Insofar as the provisions of this section relating to subsistence may conflict with those of sections 821-823 and 827-833 of this title, they were repealed by section 829 of this title.

874. Expenses for subsistence; traveling on duty.

Increase in per diem.-Under the authority of section 823 of this title per diem allowances are not to be in excess of $6 per day within the continental limits of the United States, and an average of $7 per day beyond the continental limits. Section 827 of this title expressly repeals any laws inconsistent with section 823 of this title.

Repeal.-Insofar as the provisions of this section relating to subsistence may conflict with those of sections 821-833 of this title, they were repealed by section 829 of this title.

§ 77. Repealed. June 30, 1949, ch. 288, Title VI, § 602 (a) (33), renumbered and added Sept. 5, 1950, ch. 849, § 7 (d), 64 Stat. 590.

Section. Acts Feb. 3, 1905, ch. 297, § 4, 33 Stat. 687; Aug. 2, 1946, ch. 744, § 16(b), 60 Stat. 811, related to display of department name or branch of service on government vehicle in District of Columbia, and is now covered by section 239b of Title 41, Public Contracts.

877a. Restrictions on use of government owned or leased motor vehicles; exceptions; definition.

Section, acts June 27, 1944, ch. 286, Title II, § 202 (b), 58 Stat. 385, May 3, 1945, ch. 106, title II, § 202 (b), 59 Stat. 132; Mar. 28, 1946, ch. 113, title II,

§ 78 (202 (b), 60 Stat. 79, omitted, as its provisions are now covered by section 78 (c) of this title.

§ 78. Restrictions on purchase, operation, use and maintenance of passenger motor vehicles and aircraft-Purchase or hire of vehicles. (a) Unless specifically authorized by the appropriation concerned or other law, no appropriation shall be expended to purchase or hire passenger motor vehicles for any branch of the Government other than those for the use of the President of the United States, the secretaries to the President, or the heads of the executive departments enumerated in section 1 of this title.

Act Aug. 2, 1946, cited to text, amended section generally.

(b) Aircraft.-Excepting appropriations for the Military and Naval Establishments, no appropriation shall be available for the purchase, maintenance, or operation of any aircraft unless specific authority for the purchase, maintenance, or operation thereof has been or is provided in such appropriation.

(c) Maximum purchase price of vehicle; use for official purposes; penalties. Unless otherwise specifically provided, no appropriation available for any department shall be expended

(1) to purchase any passenger motor vehicle (exclusive of busses, ambulances, and station wagons), at a cost, completely equipped for operation, and including the value of any vehicle exchanged, in excess of the maximum price therefor, if any, established pursuant to law by a Government agency and in no event more than such amount as may be specified in an appropriation or other Act, which shall be in addition to the amount required for transportation;

(2) for the maintenance, operation, and repair of any Governmentowned passenger motor vehicle or aircraft not used exclusively for official purposes; and "official purposes" shall not include the transportation of officers and employees between their domiciles and places of employment, except in cases of medical officers on out-patient medical service and except in cases of officers and employees engaged in field work the character of whose duties makes such transportation necessary and then only as to such latter cases when the same is approved by the head of the department concerned. Any officer or employee of the Government who willfully uses or authorizes the use of any Government-owned passenger motor vehicle or aircraft, or of any passenger motor vehicle or aircraft leased by the Government, for other than official purposes or otherwise violates the provisions of this paragraph shall be suspended from duty by the head of the department concerned, without compensation, for not less than one month, and shall be suspended for a longer period or summarily removed from office if circumstances warrant. The limitations of this paragraph shall not apply to any motor vehicles or aircraft for official use of the President, the heads of the executive departments enumerated in section 1 of this title, ambassadors, ministers, chargés d'affaires, and other principal diplomatic and consular officials.

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(d) Appropriation estimates. In the budgets for the fiscal year 1948 and subsequent fiscal years there shall be submitted in detail estimates for such necessary appropriations as are intended to be used for purchase or hire of passenger motor vehicles or for purchase, maintenance, or operation of aircraft, specifying the sums required, the pub

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