UNITED STATES CODE ANNOTATED
TITLE 2. THE CONGRESS
CHAPTER 4 -- OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF
REPRESENTATIVES
Current through P.L. 104-194, approved 9-9-96
Sec. 60c-3. Withholding and remittance of State income tax by
Secretary of Senate
(a) Agreement by Secretary with appropriate State official;
covered individuals
Whenever --
(1) the law of any State provides for the collection of an
income tax by imposing upon employers generally the duty of
withholding sums from the compensation of employees and remitting
such sums to the authorities of such State; and
(2) such duty to withhold is imposed generally with respect
to the compensation of employees who are residents of such State;
then the Secretary of the Senate is authorized, in accordance
with the provisions of this section, to enter into an agreement
with the appropriate official of that State to provide for the
withholding and remittance of sums for individuals --
(A) whose pay is disbursed by the Secretary; and
(B) who request the Secretary to make such withholdings for
remittance to that State.
(b) Number of remittances authorized
Any agreement entered into under subsection (a) of this
section shall not require the Secretary to remit such sums more
often than once each calendar quarter.
(c) Requests by individuals of Secretary for withholding and
remittance; amount of withholding; number and effective date of
requests; change of designated State; revocation of request;
rules and regulations
(1) An individual whose pay is disbursed by the Secretary
may request the Secretary to withhold sums from his pay for
remittance to the appropriate authorities of the State that he
designates. Amounts of withholdings shall be made in accordance
with those provisions of the law of that State which apply
generally to withholding by employers.
(2) An individual may have in effect at any time only one
request for withholdings, and he may not have more than two such
requests in effect with respect to different States during any
one calendar year. The request for withholdings is effective on
the first day of the first month commencing after the day on
Qualified State Tax References:
Page 1 of 148
which the request is received in the Disbursing Office of the
Senate, except that --
(A) when the Secretary first enters into an agreement with a
State, a request for withholdings shall be effective on such date
as the Secretary may determine; and
(B) when an individual first receives an appointment, the
request shall be effective on the day of appointment, if the
individual makes the request at the time of appointment.
(3) An individual may change the State designated by him for
the purposes of having withholdings made and request that the
withholdings be remitted in accordance with such change, and he
may also revoke his request for withholdings. Any change in the
State designated or revocation is effective on the first day of
the first month commencing after the day on which the request for
change or the revocation is received in the Disbursing Office.
(4) The Secretary is authorized to issue rules and
regulations he considers appropriate in carrying out this
subsection.
(d) Time or times of agreements by Secretary
The Secretary may enter into agreements under subsection (a)
of this section at such time or times as he considers
appropriate.
(e) Provisions as not imposing duty, burden, requirement or
penalty on the United States, Senate, or any officer or employee
of United States; effect of filing paper, form, or document with
Secretary
This section imposes no duty, burden, or requirement upon
the United States, the Senate, or any officer or employee of the
United States, except as specifically provided in this section.
Nothing in this section shall be deemed to consent to the
application of any provision of law which has the effect of
subjecting the United States, the Senate, or any officer or
employee of the United States to any penalty or liability by
reason of the provisions of this section. Any paper, form, or
document filed with the Secretary under this section is a paper
of the Senate within the provisions of rule XXX of the Standing
Rules of the Senate.
(f) "State" defined
For the purposes of this section, "State" means any of the
States of the United States and the District of Columbia.
CREDIT(S)
1985 Main Volume
(P.L. 93-371, Sec. 101(2), Aug. 13, 1974, 88 Stat. 427.)
Qualified State Tax References:
Page 2 of 148
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
References in Text
The Standing Rules of the Senate, referred to in subsec.
(e), were revised generally in 1979. Provisions relating to
withdrawal of papers from the files of the Senate which were
formerly contained in Rule XXX of the Standing Rules of the
Senate are contained in Rule XI of the Standing Rules of the
Senate.
REFERENCES
CROSS REFERENCES
Withholding of District of Columbia and State income taxes by
Clerk and Sergeant at Arms of the House of Representatives, see 2
USCA 60e-1a.
Withholding of District of Columbia and State income taxes
generally, see 5 USCA 5516 and 5517.
Withholding of State income taxes by Architect of the Capitol,
see 40 USCA 166b-5.
2 USCA 60c-3, Withholding and remittance of State income tax by
Secretary of Senate
------------ Excerpt from pages 30758-30759
UNITED STATES CODE ANNOTATED
TITLE 2. THE CONGRESS
CHAPTER 4 -- OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF
REPRESENTATIVES
Current through P.L. 104-194, approved 9-9-96
Sec. 60e-1a. Withholding of State income tax by Chief
Administrative Officer of the House
(a) Agreement with proper State official; covered individuals
Until otherwise provided by law, the Chief Administrative
Officer of the House of Representatives shall, in accordance with
subsections (b), (c), and (d) of this section enter into an
agreement with any State, at the request for agreement from the
proper State official. The agreement shall provide that the
Chief Administrative Officer shall withhold State income tax in
the case of each Member and employee who is subject to such
income tax and who voluntarily requests such withholding.
(b) Number of remittances authorized
Qualified State Tax References:
Page 3 of 148
Any agreement entered into under subsection (a) of this
section shall not require the Chief Administrative Officer to
remit sums withheld pursuant to any such agreement more often
than once each calendar quarter.
(c) Acceptance or disapproval of proposed agreement by Committee
on House Administration
(1) The Chief Administrative Officer shall, before entering
into any agreement under subsection (a) of this section, transmit
a statement with respect to the proposed agreement to the
Committee on House Administration of the House of Representatives
(hereinafter in this section and section 60e-1b of this title
referred to as the "committee"). Such statement shall set forth
a detailed description of the proposed agreement, together with
any other information which the committee may require.
(2) If the committee does not disapprove, through
appropriate action, any proposed agreement transmitted to the
committee under paragraph (1) no later than ten legislative days
after receiving such proposed agreement, then the Chief
Administrative Officer may enter into such proposed agreement.
The Chief Administrative Officer may not enter into any proposed
agreement if such proposed agreement is disapproved by the
committee under this paragraph.
(d) Number and effective date of requests for withholding;
change of designated State; revocation of request
(1) A Member or employee may have in effect at any time only
one request for withholding under subsection (a) of this section,
and such Member or employee may not have more than two such
requests in effect with respect to different States during any
one calendar year. The request for withholding is effective on
the first day of the month in which the request is processed by
the Chief Administrative Officer, but in no event later than on
the first day of the first month beginning after the day on which
such request is received by the Chief Administrative Officer,
except that --
(A) when the Chief Administrative Officer first enters into
an agreement with a State under subsection (a) of this section, a
request for withholding shall be effective on such date as the
Chief Administrative Officer may determine;
(B) when an individual first receives an appointment as an
employee, the request shall be effective on the day of
appointment, if the individual makes the request at the time of
appointment; and
(C) when an individual first becomes a Member, the request
shall be effective on the day such individual takes the oath of
office as a Member, if the individual makes the request at such
time.
(2) A Member or employee may change the State designated by
Qualified State Tax References:
Page 4 of 148
such Member or employee for purposes of having withholdings made,
and may request that the withholdings be remitted in accordance
with such change. A Member or employee also may revoke any
request of such Member or employee for withholding. Any change
in the State designated or revocation is effective on the first
day of the month in which the request or the revocation is
processed by the Chief Administrative Officer, but in no event
later than on the first day of the first month beginning after
the day on which such request or revocation is received by the
Chief Administrative Officer.
(e) Provisions as not imposing duty, burden, requirement, or
penalty on United States, House, or any officer or employee of
United States; effect of filing paper, form, or document with
Chief Administrative Officer
This section and section 60e-1b of this title impose no
duty, burden, or requirement upon the United States, the House of
Representatives, or any officer or employee of the United States,
except as specifically provided in this section and section 60e-
1b of this title. Nothing in this section and section 60e-1b of
this title shall be deemed to consent to the application of any
provision of law which has the effect of subjecting the United
States, the House of Representatives, or any officer or employee
of the United States to any penalty or liability by reason of the
provisions of this section and section 60e-1b of this title. Any
paper, form, document, or any other item filed with, or submitted
to, the Chief Administrative Officer under this section and
section 60e-1b of this title is considered to be a paper of the
House of Representatives within the provisions of the Rules of
the House of Representatives.
CREDIT(S)
1985 Main Volume
(P.L. 94-440, Title II, Sec. 101, Oct. 1, 1976, 90 Stat. 1448.)
1996 Electronic Update
(As amended P.L. 104-186, Title II, Sec. 204(4), Aug. 20, 1996,
110 Stat. 1730.)
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
Codification
Section is based on section 1 of House Resolution No. 732,
Ninety-fourth Congress, Nov. 4, 1975, which was enacted into
permanent law by P.L. 94-440.
Change of Name
Any reference in any provision of law enacted before Jan. 4,
1995, to the Committee on House Administration of the House of
Qualified State Tax References:
Page 5 of 148
Representatives treated as referring to the Committee on House
Oversight of the House of Representatives, see section 1(a)(7) of
P.L. 104-14, set out as a note preceding section 21 of this
title.
Transfer of Functions
Any reference in any provision of law enacted before Jan. 4,
1995, to a function, duty, or authority of the Clerk of the House
of Representatives treated as referring, with respect to that
function, duty, or authority, to the officer of the House of
Representatives exercising that function, duty, or authority, as
determined by the Committee on House Oversight of the House of
Representatives, see section 2(1) of P.L. 104-14, set out as a
note preceding section 21 of this title.
Certain functions of Clerk and Sergeant at Arms of House of
Representatives transferred to Director of Non-legislative and
Financial Services by section 7 of House Resolution No. 423, One
Hundred Second Congress, Apr. 9, 1992. Any reference in any
provision of law enacted before Jan. 4, 1995, to a function,
duty, or authority of the Director of Non-legislative and
Financial Services treated as referring, with respect to that
function, duty, or authority, to the officer of the House of
Representatives exercising that function, duty, or authority, as
determined by the Committee on House Oversight of the House of
Representatives, see section 2(4) of P.L. 104-14, set out as a
note preceding section 21 of this title.
Legislative History
For legislative history and purpose of P.L. 104-186, see
1996 U.S. Code Cong. and Adm. News, p. ___.
REFERENCES
CROSS REFERENCES
Definitions for purposes of this section, see 2 USCA 60e-1b.
Withholding of District of Columbia and State income taxes by
Secretary of the Senate, see 2 USCA 60c-3.
Withholding of District of Columbia and State income taxes
generally, see 5 USCA 5516 and 5517.
Withholding of State income taxes by Architect of the Capitol,
see 40 USCA 166b-5.
2 USCA 60e-1a, Withholding of State income tax by Chief
Administrative Officer of the House
------------ Excerpt from pages 30767-30769
UNITED STATES CODE ANNOTATED
Qualified State Tax References:
Page 6 of 148
TITLE 3. THE PRESIDENT
CHAPTER 4 -- DELEGATION OF FUNCTIONS
Current through P.L. 104-194, approved 9-9-96
Sec. 301. General authorization to delegate functions;
publication of delegations
The President of the United States is authorized to
designate and empower the head of any department or agency in the
executive branch, or any official thereof who is required to be
appointed by and with the advice and consent of the Senate, to
perform without approval, ratification, or other action by the
President (1) any function which is vested in the President by
law, or (2) any function which such officer is required or
authorized by law to perform only with or subject to the
approval, ratification, or other action of the President:
Provided, That nothing contained herein shall relieve the
President of his responsibility in office for the acts of any
such head or other official designated by him to perform such
functions. Such designation and authorization shall be in
writing, shall be published in the Federal Register, shall be
subject to such terms, conditions, and limitations as the
President may deem advisable, and shall be revocable at any time
by the President in whole or in part.
CREDIT(S)
1985 Main Volume
(Added Oct. 31, 1951, c. 655, Sec. 10, 65 Stat. 712.)
[General Materials (GM) - References, Annotations, or Tables]
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
Transfer of Functions
All functions vested by law (including reorganization plan)
in the Bureau of the Budget or the Director of the Bureau of the
Budget were transferred to the President of the United States by
section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R.
7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan. No. 2,
redesignated the Bureau of the Budget as the Office of Management
and Budget and the Director of the Bureau of the Budget as
Director of the Office of Management and Budget. See
Reorganization Plan No. 2 of 1970, set out in Appendix 1 to Title
5, Government Organization and Employees.
Similar Provisions; Repeal; Savings Clause
For similar provisions contained in prior law, and saving
clause in connection therewith, see note preceding this section.
Qualified State Tax References:
Page 7 of 148
Standards of Ethical Conduct and Comprehensive System of
Financial Reporting for Officers and Employees in the Executive
Branch
For provisions relating to standards of ethical conduct for
government officers and employees, including financial reporting
requirements for such persons, see Ex. Ord. No. 11222, May 8,
1965, 30 F.R. 6469, as amended, set out as a note under section
201 of Title 18, Crimes and Criminal Procedure.
Abolition of Interstate Commerce Commission and Transfer of
Functions
Interstate Commerce Commission abolished and functions of
Commission transferred, except as otherwise provided in P.L. 104-
88, to Surface Transportation Board effective Jan. 1, 1996, by
section 702 of Title 49, Transportation, and section 101 of P.L.
104-88, set out as a note under section 701 of Title 49.
References to Interstate Commerce Commission deemed to refer to
Surface Transportation Board, a member or employee of the Board,
or Secretary of Transportation, as appropriate, see section 205
of P.L. 104-88, set out as a note under section 701 of Title 49.
Legislative History
For legislative history and purpose of Act Oct. 31, 1951,
see 1951 U.S.Code Cong. Service, p. 2578.
TEXT
EXECUTIVE ORDERS
EXECUTIVE ORDER NO. 10250
June 5, 1951, 16 F.R. 5385, as amended by Ex. Ord. No. 10732,
Oct. 10, 1957, 22 F.R. 8135; Ex. Ord. No. 10752, Feb. 12, 1958,
23 F.R. 973
DELEGATION OF FUNCTIONS TO THE SECRETARY OF THE INTERIOR
1. The Secretary of the Interior is hereby designated and
empowered to perform the following-described functions of the
President without the approval, ratification, or other action of
the President:
(a) The authority vested in the President by section 1 of
the act of July 10, 1935, ch. 375, 49 Stat. 477 [see sections 19e
to 19n of Title 16], to appoint members of the National Park
Trust Fund Board.
(b) The authority vested in the President by section 2059 of
the Revised Statutes [section 62 of Title 25] to discontinue any
Indian agency, or transfer the same, from the place or tribe
designated by law to such other place or tribe as the public
service may require.
(c) The authority vested in the President by section 6 of
Qualified State Tax References:
Page 8 of 148
the act of May 17, 1882, ch. 163, 22 Stat. 88, as amended
[section 63 of Title 25], to consolidate two or more Indian
agencies into one, to consolidate one or more Indian tribes, and
to abolish such agencies as are thereby rendered unnecessary.
(d) The authority vested in the President by the act of
March 1, 1907, ch. 2285, 34 Stat. 1016 [section 140 of Title 25],
to divert appropriations made for certain purposes to other uses
for the benefit of the several Indian tribes: Provided, that the
Secretary of the Interior shall make to the Congress reports
required in connection with action taken by him under this
provision.
(e) The authority vested in the President by section 5 of
the act of February 8, 1887, ch. 119, 24 Stat. 389, as amended
[section 348 of Title 25], by the act of December 24, 1942, ch.
814, 56 Stat. 1081, [section 348a of Title 25], by the act of
June 21, 1906, ch. 3504, 34 Stat. 326 [section 391 of Title 25],
and by section 3 of the act of January 12, 1891, 26 Stat. 712, as
amended by section 3 of the act of March 2, 1917, ch. 146, 39
Stat. 976, to extend trust periods on land patents issued to
Indians and to continue restrictions on alienation.
(f) The authority vested in the President by section 4705(b)
of the Internal Revenue Code of 1954 [former section 4705(b) of
Title 26] to authorize certain persons in the Virgin Islands to
obtain certain drugs for legitimate medical purposes without
regard to order forms, and by section 4762(b) of such Code
[former section 4762 of Title 26] to provide for the registration
of and the imposition of special and transfer taxes upon persons
in the Virgin Islands who import, manufacture, produce, compound,
sell, deal in, dispense, prescribe, administer, or give away
marihuana: Provided, that the Secretary of the Interior shall
perform the functions referred to in this subsection in
consultation with the Department of the Treasury.
(g) The authority vested in the President by section 2343 of
the Revised Statutes [section 46 of Title 30] to establish
additional land districts and to appoint necessary officers under
existing laws when deemed necessary for the public convenience in
executing certain provisions of law with respect to mineral lands
and mining.
(h) The authority vested in the President by section 2252 of
the Revised Statutes as affected by section 403 of Reorganization
Plan No. 3 of 1946, 60 Stat. 1100 [section 121 of Title 43], to
order the discontinuance of any land office and the transfer of
any of its business and archives to any other land office within
the same State or Territory.
(i) The authority vested in the President by section 2250 of
the Revised Statutes [section 125 of Title 43] to discontinue a
land office in a land district under certain circumstances and to
annex the same to some other adjoining land district.
(j) The authority vested in the President by section 2251 of
the Revised Statutes [section 126 of Title 43] to change the
Qualified State Tax References:
Page 9 of 148
location of the land offices in the several land districts
established by law and to relocate the same from time to time at
such point in the district as may be deemed expedient.
(k) The authority vested in the President by section 2253 of
the Revised Statutes [section 127 of Title 43] to change and re-
establish the boundaries of land districts.
(l) The authority vested in the President by section 2 of
the act of March 2, 1917, ch. 145, 39 Stat. 951, as amended
[section 737 of Title 48], to approve the payment out of the
Treasury for other purposes of money derived from any tax levied
or assessed for a special purpose in Puerto Rico.
(m) The authority vested in the President by section 7 of
the act of March 2, 1917, ch. 145, 39 Stat. 954; as amended
[section 748 of Title 48], to convey to the people of Puerto Rico
lands, buildings, or interests in lands, or other property owned
by the United States, and to accept lands, buildings, or other
interests or property by legislative grant from Puerto Rico.
(n) The authority vested in the President by section 3(b) of
the Act of March 3, 1925, ch. 426, 43 Stat. 1111, as amended [see
section 167d of Title 50], to approve regulations governing the
production and sale of helium for medical, scientific, and
commercial use.
(o) The authority vested in the President by section 6 of
the act of April 26, 1906, ch. 1876, 34 Stat. 139, to remove from
office the principal chief of the Choctaw, Cherokee, Creek, or
Seminole tribe or the governor of the Chickasaw tribe, to declare
any such office vacant, and to fill any vacancy in any such
office arising from removal, disability, or death of the
incumbent.
(p) The authority vested in the President by section 28 of
the act of April 26, 1906, ch. 1876, 34 Stat. 148, to approve
acts, ordinances, or resolutions of the tribal council or
legislature of the Choctaw, Chickasaw, Cherokee, Creek, and
Seminole tribes or nations, and to approve contracts, involving
the payment or expenditure of money or affecting property
belonging to any of the said tribes or nations, made by them or
any of them or by any officer thereof.
(q) [Superseded by section 3 of Ex. Ord. No. 10752, Feb. 12,
1958, 23 F.R. 973, set out as a note under section 715j of Title
15, Commerce and Trade].
(r) The authority vested in the President by section 55 of
the act of April 30, 1900, 31 Stat. 150, as amended [section 562
of Title 48] and by section 4 of the act of August 24, 1954, 68
Stat. 785, as amended [former section 562o of Title 48], to
approve the issuance of bonds or other instruments of
indebtedness by the Territory of Hawaii.
2. The Secretary of the Interior is hereby designated and
empowered to perform, without the approval, ratification, or
Qualified State Tax References:
Page 10 of 148
other action of the President, the following functions which have
heretofore, under the respective provisions of law cited,
required the approval, ratification, or other action of the
President in connection with their performance by the Secretary
of the Interior:
(a) The authority vested in the Secretary of the Interior by
section 1 of the act of June 6, 1942, ch. 330, 56 Stat. 326
[section 459r of Title 16], to convey or lease to the States or
to the political subdivisions thereof any or all of certain
recreational demonstration projects and lands and equipment
comprised within such projects or any parts of such projects;
and to transfer to other Federal agencies any of the said
recreational demonstration areas that may be of use to such
agencies.
(b) The authority vested in the Secretary of the Interior by
section 3 of the act of July 3, 1918, ch. 128, 40 Stat. 755, as
amended, and as affected by section 4(f) of Reorganization Plan
No. II, effective July 1, 1939, 53 Stat. 1433 [section 704 of
Title 16], to promulgate regulations permitting and governing the
hunting, taking, capture, killing, possession, sale, purchase,
shipment, transportation, carriage, or export of any migratory
bird included in the terms of certain conventions, or any part,
nest, or egg thereof.
3. As used in this order, the term "functions" embraces
duties, powers, responsibilities, authority, or discretion, and
the term "perform" may be construed to mean "exercise".
4. All actions heretofore taken by the President in respect
of the matters affected by this order and in force at the time of
the issuance of this order, including regulations prescribed by
the President in respect of such matters, shall, except as they
may be inconsistent with the provisions of this order, remain in
effect until modified or revoked pursuant to the authority
conferred by this order.
5. The Secretary of the Interior is hereby authorized to
redelegate to the Under Secretary of the Interior any of the
authority delegated to the Secretary of the Interior by section 1
of this order.
EXECUTIVE ORDER NO. 10289
Sept. 17, 1951, 16 F.R. 9499, as amended by Ex. Ord. No. 10583,
Dec. 20, 1954, 19 F.R. 8725; Ex. Ord. No. 10882, July 18, 1960,
25 F.R. 6869; Ex. Ord. No. 11110, June 4, 1963, 28 F.R. 5605;
Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003; Ex. Ord. No.
12608, Sept. 9, 1987, 52 F.R. 34617
DELEGATION OF FUNCTIONS TO SECRETARY OF THE TREASURY
1. The Secretary of the Treasury is hereby designated and
empowered to perform the following-described functions of the
President without the approval, ratification, or other action of
the President:
Qualified State Tax References:
Page 11 of 148
(a) The authority vested in the President by section 1 of
the act of August 1, 1914, c. 223, 38 Stat. 609, 623, as amended
[section 2 of Title 19], (1) to rearrange, by consolidation or
otherwise, the several customs-collection districts, (2) to
discontinue ports of entry by abolishing the same and
establishing others in their stead, and (3) to change from time
to time the location of the headquarters in any customs-
collection district as the needs of the service may require.
(b) The authority vested in the President by section 1 of
the Anti-Smuggling Act of August 5, 1935, c. 438, 49 Stat. 517
[section 1701 of Title 19], (1) to find and declare that at any
place or within any area on the high seas adjacent to but outside
customs waters any vessel or vessels hover or are being kept off
the coast of the United States and that, by virtue of the
presence of any such vessel or vessels at such place or within
such area, the unlawful introduction or removal into or from the
United States of any merchandise or person is being, or may be,
occasioned, promoted, or threatened, (2) to find and declare that
certain waters on the high seas are in such proximity to such
vessel or vessels that such unlawful introduction or removal of
merchandise or persons may be carried on by or to or from such
vessel or vessels, and (3) to find and declare that, within any
customs-enforcement area, the circumstances no longer exist which
gave rise to the declaration of such area as a customs-
enforcement area.
(c) The authority vested in the President by section 1 of
the Act of August 26, 1985, Public Law 98-89, 97 Stat. 510 (46
U.S.C. 3101) [section 3101 of Title 46, Shipping] to suspend the
provisions of law requiring the inspection of foreign-built
vessels admitted to American registry.
(d) The authority vested in the President by section 5 of
the act of May 28, 1908, c. 212, 35 Stat. 425, as amended (46
U.S.C. Appendix 104) [section 104 of Title 46], to determine (as
a prerequisite to the extension of reciprocal privileges by the
Commissioner of Customs) that yachts used and employed
exclusively as pleasure vessels and belonging to any resident of
the United States are allowed to arrive at and depart from any
foreign port and to cruise in the waters of such port without
entering or clearing at the custom-house thereof and without the
payment of any charges for entering or clearing, dues, duty per
ton, tonnage taxes, or charges for cruising licenses.
(e) The authority vested in the President by section 2 of
the act of March 24, 1908, c. 96, 35 Stat. 46 (46 U.S.C. Appendix
134) [section 134 of Title 46], to name the hospital ships to
which section 1 of the said act shall apply and to indicate the
time when the exemptions thereby provided for shall begin and
end.
(f) The authority vested in the President by section 4228 of
the Revised Statutes, as amended (46 U.S.C. Appendix 141)
[section 141 of Title 46], (1) to -- declare that -- upon
satisfactory proof being given by the government of any foreign
Qualified State Tax References:
Page 12 of 148
nation that no discriminating duties of tonnage or imposts are
imposed or levied in the ports of such nation upon vessels wholly
belonging to citizens of the United States, or upon the produce,
manufactures, or merchandise imported in the same from the United
States or from any foreign country -- the foreign discriminating
duties of tonnage and impost within the United States are
suspended and discontinued, so far as respects the vessels of
such foreign nation, and the produce, manufactures, or
merchandise imported into the United States from such foreign
nation, or from any other foreign country, and (2) to suspend in
part the operation of section 4219 of the Revised Statutes, as
amended (46 U.S.C. Appendix 121) [section 121 of Title 46], and
section IV, J, subsection 1 of the act of October 3, 1913, c. 16,
38 Stat. 195, as amended (46 U.S.C. Appendix 146) [section 146 of
Title 46], so that foreign vessels from a country imposing
partial discriminating tonnage duties upon American vessels, or
partial discriminating import duties upon American merchandise,
may enjoy in our ports the identical privileges which the same
class of American vessels and merchandise may enjoy in such
country: Provided, that prior to the issuance of an order of the
Secretary of the Treasury suspending and discontinuing (wholly or
in part) discriminating tonnage duties, imposts, and import
duties within the United States, the Department of State shall
obtain and furnish to the Secretary of the Treasury the proof
required by the said section 4228, as amended, as the basis for
that order.
(g) The authority vested in the President by section 3650 of
the Internal Revenue Code [now covered by section 7621 of Title
26], to establish convenient collection districts (for the
purpose of assessing, levying, and collecting the taxes provided
by the internal revenue laws), and from time to time to alter
such districts.
(h) The authority which is now vested in the President by
section 2564(b) of the Internal Revenue Code [section 2564(b) of
Title 26 (I.R.C.1939) ], and which on and after January 1, 1955,
will be vested in the President by section 4735(b) of the
Internal Revenue Code of 1954 [section 4735(b) of Title 26
(I.R.C.1954) ], to issue, in accordance with the provisions of
the said section 2564(b) or 4735(b), as the case may be, orders
providing for the registration and the imposition of a special
tax upon all persons in the Canal Zone who produce, import,
compound, deal in, dispense, sell, distribute, or give away
narcotic drugs.
(i) The authority vested in the President by section 5318 of
the Revised Statutes, as amended (19 U.S.C. 540) [section 540 of
Title 19, Customs Duties], to employ suitable vessels other than
Coast Guard cutters in the execution of laws providing for the
collection of duties on imports and tonnage;
[(j) Revoked. Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617]
2. The Secretary of the Treasury is hereby designated and
empowered to perform without the approval, ratification, or other
Qualified State Tax References:
Page 13 of 148
action of the President the following functions which have
heretofore, under the respective provisions of law cited,
required the approval of the President in connection with their
performance by the Secretary of the Treasury:
(a) The authority vested in the Secretary of the Treasury by
section 6 of the act of July 8, 1937, c. 444, 50 Stat. 480
[section 728 of Title 40], to make rules and regulations
necessary for the execution of the functions vested in the
Secretary of the Treasury by the said act, as amended.
(b), (c) [Revoked by Ex. Ord. No. 11110, June 4, 1963, 28
F.R. 5605.]
(d) [Revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R.
1003.]
(e) The authority vested in the Secretary of the Treasury by
section 1 of Title II of the act of June 15, 1917, c. 30, 40
Stat. 220 [section 191 of Title 50], to make rules and
regulations governing the anchorage and movement of any vessel,
foreign or domestic, in the territorial waters of the United
States.
[(f) Revoked. Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617.]
3. (a) The Secretary of the Treasury and the Postmaster
General are hereby designated and empowered jointly to prescribe
without the approval of the President regulations, under section
1 of the act of July 8, 1937, c. 444, 50 Stat. 479 [section 721
of Title 40], governing the shipment of valuables by the
executive departments, independent establishments, agencies,
wholly-owned corporations, officers, and employees of the United
States.
(b) The Postmaster General [now United States Postal
Service] is hereby designated and empowered to exercise without
the approval, ratification, or other action of the President the
authority vested in the President by section 504(b) of Title 18
of the United States Code to approve regulations issued by the
Secretary of the Treasury under the authority of the said section
504(b) (relating to the printing, publishing, or importation, or
the making or importation of the necessary plates for such
printing or publishing, of postage stamps for philatelic
purposes), and to approve any amendment or repeal of any of such
regulations by the Secretary of the Treasury.
4. As used in this order, the term "functions" embraces
duties, powers, responsibilities, authority, or discretion, and
the term "perform" may be construed to mean "exercise".
5. All actions heretofore taken by the President in respect
of the matters affected by this order and in force at the time of
the issuance of this order, including regulations prescribed by
the President in respect of such matters, shall, except as they
may be inconsistent with the provisions of this order, remain in
Qualified State Tax References:
Page 14 of 148
effect until amended, modified, or revoked pursuant to the
authority conferred by this order.
3 USCA 301, General authorization to delegate functions;
publication of delegations
------------ Excerpt from pages 32726-32733
EXECUTIVE ORDER NO. 10637
Sept. 19, 1955, 20 F.R. 7025
DELEGATION OF FUNCTIONS TO SECRETARY OF THE TREASURY
Section 1. The Secretary of the Treasury is hereby
designated and empowered to perform the following-described
functions without the approval, ratification, or other action of
the President:
(a) The authority vested in the President by section 149 of
title 14 of the United States Code, in his discretion, to detail
officers and enlisted men of the Coast Guard to assist foreign
governments in matters concerning which the Coast Guard may be of
assistance.
(b) The authority vested in the President by section 229 of
title 14 of the United States Code to revoke the commission of
any officer on the active list of the Coast Guard who, at the
date of such revocation, has had less than three years of
continuous service as a commissioned officer in the Coast Guard,
and to prescribe regulations relating to such revocations.
(c) The authority vested in the President by section 232 of
title 14 of the United States Code, in his discretion, to retire
from active service any commissioned officer of the Coast Guard,
upon his own application, who has completed twenty years of
active service in the Coast Guard, Navy, Army, Air Force, or
Marine Corps, or the Reserve Components thereof.
(d) The authority vested in the President by section 235 of
title 14 of the United States Code [see section 251 et seq. of
Title 14], to retire, to approve the retirement of, to place out
of line of promotion, and to approve the placing out of line of
promotion of, officers of the Coast Guard.
(e) The authority vested in the President by section 492 of
title 14 of the United States Code to present a distinguished
service medal (including incidental items) to any person who,
while serving in any capacity with the Coast Guard, distinguishes
himself by exceptionally meritorious service to the Government in
a duty of great responsibility.
(f) The authority vested in the President by section 493 of
title 14 of the United States Code to present the Coast Guard
medal (including incidental items) to any person who, while
serving in any capacity with the Coast Guard, distinguishes
Qualified State Tax References:
Page 15 of 148
himself by heroism not involving actual conflict with an enemy.
(g) The authority vested in the President by section 494 of
title 14 of the United States Code to award emblems, insignia,
rosettes, and other devices, to the extent that such authority
relates to the awarding of such items to be worn with the
distinguished service medal or the Coast Guard medal.
(h) The authority vested in the President by section 498 of
title 14 of the United States Code to make posthumous awards of
decorations and to designate representatives to receive such
awards, to the extent that such authority relates to the awarding
of the distinguished service medal or the Coast Guard medal, or
ribbons, emblems, insignia, rosettes, or other devices
corresponding thereto.
(i) The authority vested in the President by section 499 of
title 14 of the United States Code to make rules, regulations,
and orders to the extent that they shall relate to the authority
described in sections 1(f), 1(g), and 1(h) above.
(j) The authority vested in the President by the first
paragraph of section 806 of the act of September 8, 1916, ch.
463, 39 Stat. 799 [section 77 of Title 15], to direct the
detention of any vessel, American or foreign, by withholding
clearance or by formal notice forbidding departure; but such
authority shall be exercised by the Secretary of the Treasury
only upon a finding by the President that there is reasonable
ground to believe that the vessel concerned is making or giving
undue or unreasonable preference or advantage to any party, or is
subjecting any party to undue or unreasonable prejudice,
disadvantage, injury, or discrimination, as described in the said
paragraph; and the authority so vested to revoke, modify, or
renew any such direction.
(k) The authority vested in the President by the second
paragraph of the said section 806 of the act of September 8, 1916
[section 77 of Title 15], to withhold clearance from one or more
vessels of a belligerent country or government until such
belligerent shall restore to American vessels and American
citizens reciprocal liberty of commerce and equal facilities for
trade, and the authority to direct that similar privileges and
facilities, if any, enjoyed by vessels and citizens of such
belligerent in the United States or its possessions be refused to
vessels or citizens of such belligerent; but such authority
shall not, in either instance, be exercised by the Secretary of
the Treasury with respect to any vessel or citizen of such
belligerent unless and until the President proclaims that the
belligerent nation concerned is denying privileges and facilities
to American vessels as described in the said paragraph.
(l) The authority vested in the President by section 963(a)
of title 18 of the United States Code to detain, in accordance
with the provisions of such section, any armed vessel, or any
vessel, domestic or foreign (other than one which has entered the
ports of the United States as a public vessel), which is
manifestly built for warlike purposes or has been converted or
Qualified State Tax References:
Page 16 of 148
adapted from a private vessel to one suitable for warlike use,
and to determine, in each case, whether the proof required by
such section is satisfactory.
(m) The authority vested in the President by section 967(a)
of title 18 of the United States Code, during a war in which the
United States is a neutral nation, to withhold clearance from or
to any vessel, domestic or foreign, or, by service of formal
notice upon the owner, master, or person in command or in charge
of any domestic vessel not required to secure clearances, and to
forbid its departure from port or from the United States,
whenever there is reasonable cause to believe that such vessel is
about to carry fuel, arms, ammunition, men, supplies, dispatches,
or information to any warship, tender, or supply ship of a
foreign belligerent nation in violation of the laws, treaties, or
obligations of the United States under the law of nations.
(n) The authority vested in the President by section 10(a)
of the act of November 4, 1939, ch. 2, 54 Stat. 9 [section 450(a)
of Title 22], to require the owner, master, or person in command
of a vessel to give a bond to the United States, as prescribed by
the said section 10(a).
(o) The authority vested in the President by section 10(b)
of the act of November 4, 1939, ch. 2, 54 Stat. 9 [section 450(b)
of Title 22], to prohibit the departure of a vessel from a port
of the United States, in accordance with the provisions of the
said section 10(b).
(p) The authority vested in the President by section 2 of
the act of August 18, 1914, ch. 256, 38 Stat. 699 [section 236 of
Title 46], to suspend, in his discretion, by order, so far and
for such length of time as he may deem desirable, the provisions
of law prescribing that all watch officers of vessels of the
United States registered for foreign trade shall be citizens of
the United States.
(q) The authority vested in the President by section 2 of
the act of October 17, 1940, ch. 896, 54 Stat. 1201 [section 643b
of Title 46], to extend, whenever in his judgment the national
interest requires, the provisions of subsection (b) of section
4551. Revised Statutes, as amended [section 643(b) of Title 46],
to such additional class or classes of vessels and to such waters
as he may designate.
(r) The authority vested in the Secretary of the Treasury by
the first paragraph of section 1 of Title II of the act of June
15, 1917, ch. 30, 40 Stat. 220, as amended [section 191 of Title
50], during a national emergency proclaimed as provided in the
said paragraph, (1) to make rules and regulations governing the
anchorage and movement of any vessel, foreign or domestic, in the
territorial waters of the United States, and (2) to take full
possession and control of such vessel for the purposes set forth
in the said paragraph.
(s) The authority vested in the President by section 6 of
the act of July 24, 1941, ch. 320, 55 Stat. 604, as amended [see
Qualified State Tax References:
Page 17 of 148
note set out under section 5501 of Title 10, Armed Forces], to
make appointments of officers below flag rank without the advice
and consent of the Senate, to the extent that such authority
relates, pursuant to section 11(b) of the said act, as amended
[see section 5787 of Title 10, Armed Forces], to officers of the
United States Coast Guard.
Sec. 2. The Secretary of the Treasury is hereby designated
and empowered to perform without the approval, ratification, or
other action of the President the following described functions
to the extent that they relate to the United States Coast Guard:
(a) The authority vested in the President by Article 4(a) of
the Uniform Code of Military Justice (section 1 of the act of May
5, 1950, ch. 169, 64 Stat. 110) [see section 804 of Title 10,
Armed Forces], to convene a general court-martial to try any
dismissed officer, upon application by the officer concerned for
trial by court-martial.
(b) The authority vested in the President by Articles 4(c)
and 75 of the Uniform Code of Military Justice (64 Stat. 110,
132) [see sections 804 and 875 of Title 10, Armed Forces], to
reappoint a discharged officer to such commissioned rank and
precedence as the former officer would have attained had he not
been dismissed, and to direct the extent to which any such
reappointment shall affect the promotion status of other
officers.
(c) The authority vested in the President by section 10 of
the act of May 5, 1950, ch. 169, 64 Stat. 146 [see sections 1161
and 6408 of Title 10, Armed Forces], to drop from the rolls any
officer who has been absent without authority from his place of
duty for a period of three months or more, or who, having been
found guilty by the civil authorities of any offense, is finally
sentenced to confinement in a Federal or State penitentiary or
correctional institution.
(d) The authority vested in the President by section 219 of
the Armed Forces Reserve Act, approved July 9, 1952 (66 Stat.
487) [see section 593 of Title 10, Armed Forces], to make
appointments of Reserves in commissioned grades below flag
officer grades.
(e) The authority vested in the President by section 221 of
the said Armed Forces Reserve Act [see section 593 of Title 10,
Armed Forces], to determine the tenure in office of commissioned
officers of the reserve.
(f) The authority vested in the President by section 248 of
the said Armed Forces Reserve Act [see section 1162 of Title 10,
Armed Forces], to effect the discharge of commissioned officers
of the reserve.
(g) The authority vested in the President by section 6 of
the act of February 21, 1946, ch. 34, 60 Stat. 27 [see section
6323 of Title 10, Armed Forces], as made applicable to the Coast
Guard Reserve by section 755(a) of title 14 of the United States
Qualified State Tax References:
Page 18 of 148
Code, in his discretion, to place upon the retired list any
officer of the Coast Guard Reserve, upon his own application, who
has completed more than twenty years of active service as
described in the said section 6.
Sec. 3. All actions heretofore taken by the President with
respect to the matters affected by this order and in force at the
time of issuance of this order, including any regulations
prescribed or approved by the President with respect to such
matters, shall, except as they may be inconsistent with the
provisions of this order, remain in effect until amended,
modified, or revoked pursuant to the authority conferred by this
order.
Sec. 4. As used in this order, the term "functions" embraces
duties, powers, responsibilities, authority, or discretion, and
the term "perform" may be construed to mean "exercise".
Sec. 5. Whenever the entire Coast Guard operates as a
service in the Navy, the references to the Secretary of the
Treasury in the introductory portions of sections 1 and 2 of this
order shall be deemed to be references to the Secretary of the
Navy.
DWIGHT D. EISENHOWER
3 USCA 301, General authorization to delegate functions;
publication of delegations
------------ Excerpt from pages 32737-32741
EXECUTIVE ORDER NO. 11609
July 22, 1971, 36 F.R. 13747, as amended by Ex. Ord. No. 11713,
Apr. 21, 1973, 38 F.R. 10069; Ex. Ord. No. 11779, Apr. 22, 1974,
39 F.R. 14185; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055;
Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043; Ex. Ord. No.
12466, Feb. 27, 1984, 49 F.R. 7349; Ex. Ord. No. 12522, June 24,
1985, 50 F.R. 26337; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617; Ex. Ord. No. 12822, Nov. 16, 1992, 57 F.R. 54289.
DELEGATION OF CERTAIN FUNCTIONS VESTED IN THE PRESIDENT TO OTHER
OFFICERS OF THE GOVERNMENT
By virtue of the authority vested in me by section 301 of
title 3 of the United States Code [this section], and as
President of the United States, it is hereby ordered as follows:
Section 1. General Services Administration. The
Administrator of General Service is hereby designated and
empowered to exercise, without the approval, ratification, or
other action of the President, the following:
(1) The authority of the President under 5 U.S.C. 4111(b)
[section 4111(b) of Title 5, Government Organization and
Employees] to prescribe regulations with respect to reductions to
Qualified State Tax References:
Page 19 of 148
be made from payments by the Government to employees for travel,
subsistence, or other expenses incident to training in a non-
Government facility or to attendance at a meeting.
(2) The authority of the President under the last sentence
of 5 U.S.C. 5702(a) [section 5702(a) of Title 5] to establish
maximum rates of per diem allowances to the extent that such
authority pertains to travel status of employees (as defined in 5
U.S.C. 5701) [section 5701 of Title 5] while en route to, from,
or between localities situated outside the 48 contiguous States
of the United States and the District of Columbia.
(3) The authority of the President under 5 U.S.C. 5707
[section 5707 of Title 5] to prescribe regulations necessary for
the administration of subchapter I of chapter 57 of title 5 of
the United States Code [section 5701 et seq. of Title 5]
(relating to travel and subsistence expenses and mileage
allowances).
(4) The authority of the President under 5 U.S.C. 5722(a)
[section 5722(a) of Title 5] to prescribe regulations with
respect to the payment of travel expenses and transportation
expenses of household goods and personal effects.
(5) The authority of the President under 5 U.S.C. 5723(a)
[section 5723(a) of Title 5] to prescribe regulations with
respect to the payment of travel expenses and transportation
expenses.
(6) The authority of the President under 5 U.S.C. 5724
[section 5724 of Title 5] to prescribe the regulations provided
for therein (relating to travel and transportation expenses and
other matters).
(7)(a) The authority of the President under 5 U.S.C. 5724a
[section 5724a of Title 5] to prescribe the regulations provided
for therein, relating to (i) the availability of appropriations
or other funds of agencies for the reimbursement of described
expenses of employees for whom the Government pays expenses of
travel and transportation under 5 U.S.C. 5724(a) [section 5724(a)
of Title 5], (ii) the entitlement of employees to amounts related
to their basic pay, and (iii) the allowance, payment, and receipt
of expenses and benefits to former employees who are reemployed
by nontemporary appointments.
(b) In consultation with the Secretary of the Treasury, the
authority of the President under 5 U.S.C. 5724b [section 5724b of
Title 5, Government Organization and Employees] to prescribe the
regulations provided for therein relating to reimbursement of
Federal, State, and city income taxes for travel, transportation,
and relocation expenses of employees, transferred at Government
expense, furnished in kind or for which reimbursement or an
allowance is provided.
(c) The authority of the President under 5 U.S.C. 5724c
[section 5724c of Title 5, Government Organization and Employees]
to prescribe the regulations provided for therein pursuant to
Qualified State Tax References:
Page 20 of 148
which each agency shall carry out its responsibilities under 5
U.S.C. 5724c; provided, that the Director of Central
Intelligence, after consultation with the Administrator of
General Services, shall prescribe such regulations for the
Central Intelligence Agency.
(8) The authority of the President under 5 U.S.C. 5726
[section 5726 of Title 5] to prescribe the regulations provided
for therein, relating to (i) the definition of "household goods
and personal effects", (ii) allowable storage expenses and
related transportation, and (iii) the allowance of nontemporary
storage expenses or storage at Government expense in Government-
owned facilities (including related transportation and other
expenses).
(9) The authority of the President under 5 U.S.C. 5727
[section 5727 of Title 5] to prescribe the regulations provided
for therein, relating to the transportation at Government expense
of privately owned motor vehicles.
(10) The authority of the President under 5 U.S.C. 5728(a)
and (b) [section 5728(a) and (b) of Title 5] to prescribe the
regulations provided for therein, relating to the payment by an
agency from its appropriations of the expenses of round trip
travel of an employee, and the transportation of his immediate
family, in described circumstances.
(11) The authority of the President under 5 U.S.C. 5729(a)
and (b) [section 5729(a) and (b) of Title 5] to prescribe the
regulations provided for therein, relating to (i) the payment by
an agency from its appropriations of the expenses of transporting
the immediate family of an employee and of shipping his household
goods and personal effects, and (ii) the reimbursement from its
appropriations by an agency of an employee for the proper
transportation expense of returning his immediate family and
household goods and personal effects, both in described
circumstances.
(12) The authority of the President under 5 U.S.C. 5731(a)
[section 5731(a) of Title 5] to prescribe the regulations
provided for therein, relating to certifications respecting
transportation accommodations.
(13) The authority of the President under 5 U.S.C. 5742(b)
[section 5742(b) of Title 5] to prescribe regulations with
respect to the payment of expenses when an employee dies.
(14) The authority of the President under the last sentence
of paragraph (c) of section 32 of title III of the Act of July
22, 1937, c. 517, 50 Stat. 525 (7 U.S.C. 1011(c)) [section
1011(c) of Title 7, Agriculture], to transfer to Federal, State,
or Territorial agencies lands acquired by the Secretary of
Agriculture under section 32(a) of that Act [section 1011(a) of
Title 7].
(15) The authority of the President under section 340 of the
Consolidated Farmers Home Administration Act of 1961, 75 Stat.
Qualified State Tax References:
Page 21 of 148
318 (7 U.S.C. 1990) [section 1990 of Title 7], in his discretion
to transfer to the Secretary of Agriculture any right, interest
or title held by the United States in any lands acquired in the
program of national defense and no longer needed for that
program, and to determine the suitability of the lands to be
transferred, for the purposes referred to in that section:
Provided, That the exercise by the Administrator of the authority
delegated to him by this paragraph (15) shall require the
concurrence of the Secretary of Defense as to the absence of
further need of the lands for the national defense program.
(16) The authority of the President under section 4(k) of
the Tennessee Valley Authority Act, 55 Stat. 599 (16 U.S.C.
831c(k)) [section 831c(k) of Title 16, Conservation], to approve
transfers under paragraphs (a) and (c) of that section, other
than leases for terms of less than 20 years and conveyances of
property having a value not in excess of $500.
(17) The authority of the President under section 7(b) of
the Tennessee Valley Authority Act of May 18, 1933, 48 Stat. 63
(16 U.S.C. 831f(b)) [section 831f(b) of Title 16], to provide for
the transfer to the Tennessee Valley Authority of the use,
possession, and control of real or personal property of the
United States deemed by the Administrator of General Services to
be necessary and proper for the purposes of that Authority as
stated in that Act.
(18) The authority of the President under section 1 of the
Act of March 4, 1927, c. 505, 44 Stat. 1422 (20 U.S.C. 191)
[section 191 of Title 20, Education], to transfer to the
jurisdiction of the Secretary of Agriculture for the purposes of
that Act any land belonging to the United States within or
adjacent to the District of Columbia located along the Anacostia
River North of Benning Bridge.
(19) That part of the authority of the President under
section 7(a) of the Act of July 17, 1959, P.L. 86-91, 73 Stat.
216, as amended (20 U.S.C. 905(a)) [section 905(a) of Title 20],
which consists of authority to prescribe regulations relating to
storage (including packing, drayage, unpacking, and
transportation to and from storage) of household effects and
personal possessions.
(20) The authority of the Administrator of General Services
under section 210(i) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 490(i)) [section
490(i) of Title 40, Public Buildings, Property, and Works] to
prescribe regulations relating to the installation, repair, and
replacement of sidewalks.
(21) The authority of the President under section 108 of the
Housing Act of July 15, 1949, c. 338, 63 Stat. 419, as amended
(42 U.S.C. 1458) [section 1458 of Title 42, The Public Health and
Welfare], to transfer, or cause to be transferred, to the
Secretary of Housing and Urban Development any right, title or
interest held by the Federal Government or any department or
agency thereof in any land (including buildings thereon) which is
Qualified State Tax References:
Page 22 of 148
surplus to the needs of the Government and which a local public
agency certifies will be within the area of a project being
planned by it.
(22), (23) [Revoked by Ex. Ord. No. 12215, May 27, 1980, 45
F.R. 36043].
Sec. 2. Department of the Treasury. The Secretary of the
Treasury is hereby designated and empowered to exercise, without
the approval, ratification, or other action of the President, the
following:
(1) The authority under 5 U.S.C. 5943(a) [section 5943(a) of
Title 5] to make recommendations to the President concerning the
meeting of losses sustained by employees and members of the
uniformed services while serving in a foreign country due to
appreciation of foreign currency in its relation to the American
dollar.
(2) The authority under 5 U.S.C. 5943(d) [section 5943(d) of
Title 5] to report annually to the Congress on expenditures made
under 5 U.S.C. 5943(d).
Sec. 3. Department of Health and Human Services. The
Secretary of Health and Human Services is hereby designated and
empowered to exercise without the approval, ratification, or
other action of the President, the following:
(1) The authority of the President under the first section
of the Act entitled "An Act to authorize the operation of stands
in Federal buildings by blind persons, to enlarge the economic
opportunities of the blind, and for other purposes," approved
June 20, 1936, 49 Stat. 1559, as amended (20 U.S.C. 107) [section
107 of Title 20], to approve regulations prescribed by the heads
of the respective departments and agencies thereunder.
(2) The authority of the Secretary of Health and Human
Services under section 2 of the Act of August 4, 1947, c. 478, 61
Stat. 751, as amended (24 U.S.C. 168a) [section 168a of Title 24,
Hospitals, Asylums and Cemeteries], to fix per diem rates for
care of patients in Saint Elizabeth Hospital.
Sec. 4. Department of State. (a) The Secretary of State is
hereby designated and empowered to exercise his authority under
section 12 of the Act of August 1, 1956, 70 Stat. 892 (22 U.S.C.
2679) [section 2679 of Title 22, Foreign Relations and
Intercourse] (being authority to prescribe certain maximum rates
of per diem in lieu of subsistence (or of similar allowances
therefor)), without the approval, ratification, or other action
of the President.
(b) The Secretary of State is hereby designated and
empowered to exercise the authority of the President under
section 9 of the United Nations Participation Act of 1945 (59
Stat. 619), as amended by section 15 of Public Law 93-126 (87
Stat. 454-455) [section 287e-1 of Title 22, Foreign Relations and
Intercourse].
Qualified State Tax References:
Page 23 of 148
Sec. 5. Department of Defense. The Secretary of Defense is
hereby designated and empowered to exercise the authority of the
President under the last sentence of section 4 of the Act of May
10, 1943, c. 95, 57 Stat. 81 (24 U.S.C. 34) [section 34 of Title
24] to prescribe from time to time uniform rates of charges for
hospitalization and dispensary services: Provided, That the
authority hereby delegated may not be redelegated to any officer
in the Department of the Navy, Department of the Air Force, or
Department of the Army.
Sec. 6. Department of Health and Human Services; Department
of Defense. The following are hereby designated and empowered to
exercise, without the approval, ratification, or other action of
the President, the authority of the President under 10 U.S.C.
1085 [section 1085 of Title 10, Armed Forces] to establish
uniform rates of reimbursement for inpatient medical or dental
care:
(1) The Secretary of Health and Human Services in respect of
such care in a facility under his jurisdiction.
(2) The Secretary of Defense in respect of such care in a
facility of an armed force under the jurisdiction of a military
department.
Sec. 7. Veterans Administration [now Department of Veterans
Affairs]. (a) The Administrator of Veterans Affairs [now
Secretary of Veterans Affairs] is hereby designated and empowered
to exercise the authority of the President under 10 U.S.C.
1074(b) [section 1074(b) of Title 10] to approve uniform rates of
reimbursement for care provided in facilities operated by the
Administrator [now Secretary].
(b) Section 2 of Executive Order No. 11302 of September 6,
1966, as amended by Executive Order No. 11429 of September 9,
1968 [set out as a note under section 111 of Title 38, Veterans'
Benefits], is hereby further amended by substituting for the
words "allowance of not more than six cents a mile" the
following: "allowance, in such amount per mile as the
Administrator shall from time to time fix pursuant to 38 U.S.C.
111 as affected by this order,".
Sec. 8. Office of Personnel Management. The Office of
Personnel Management is hereby designated and empowered to
exercise, without the approval, ratification, or other action of
the President, the following:
(1) The authority of the President under 5 U.S.C. 5514(b)
[section 5514(b) of Title 5] to approve regulations prescribed by
the head of each agency to carry out 5 U.S.C. 5514 [section 5514
of Title 5] and section 3(a) of the Act of July 15, 1954, c. 509,
68 Stat. 483, 31 U.S.C. 581d [section 581d of Title 31, Money and
Finance] (relating to installment deductions from pay for
indebtedness because of erroneous payment).
(2) The authority of the President under 5 U.S.C. 5903
Qualified State Tax References:
Page 24 of 148
[section 5903 of Title 5] to prescribe regulations necessary for
the uniform administration of subchapter I of chapter 59 of title
5 of the United States Code [section 5901 et seq. of Title 5]
(relating to uniform allowances).
(3) The authority of the President under 5 U.S.C. 5942
[section 5942 of Title 5] to prescribe regulations establishing
rates at which an allowance based on duty (except temporary duty)
at remote work sites will be paid and defining and designating
the sites, areas and groups of positions to which the rates
apply.
(4) The authority of the President under 5 U.S.C. 5942a
[section 5942a of Title 5] to prescribe regulations governing the
payment of allowances to employees assigned to duty at Johnston
Island for the purposes of maintaining the employees' spouses or
dependents, or both, at a location other than Johnston Island.
Sec. 9. Office of Management and Budget. The Director of
the Office of Management and Budget is hereby designated and
empowered to exercise, without the approval, ratification, or
other action of the President, the following:
(1) The authority of the President under 5 U.S.C. 5911(f)
[section 5911(f) of Title 5] to issue the regulations provided
for therein (relating to the provision, occupancy, and
availability of quarters and facilities, the determination of
rates and charges therefor, and other related matters, as are
necessary and appropriate to carry out the provision of section
5911 [section 5911 of Title 5]).
(2) The authority of the President under 10 U.S.C. 126(a)
[section 126(a) of Title 10] to approve the transfers of balances
of appropriations provided for therein.
(3) The authority of the President under section 202 of the
Budget and Accounting Procedures Act of September 12, 1950, 64
Stat. 833 (31 U.S.C. 581c) [section 581c of Title 31] to approve
the transfers of balances of appropriations provided for in
subsections (a) and (b) of that section.
(4) The authority of the President under the last sentence
of section 11 of the Act of June 6, 1924, c. 270, 43 Stat. 463
(40 U.S.C. 72) [section 72 of Title 40], to approve (i) the
designation of lands to be acquired by condemnation, (ii)
contracts for purchase of lands, and (iii) agreements between the
National Capital Planning Commission and officials of the States
of Maryland and Virginia.
(5) The authority of the President under section 1 of the
Act of December 22, 1928, c. 48, 45 Stat. 1070 (40 U.S.C. 72a)
[section 72a of Title 40], to approve contracts for acquisition
of land subject to limited rights reserved to the grantor and for
the acquisition of limited permanent rights in land adjoining
park property.
(6) The authority of the President under section 407(b) of
Qualified State Tax References:
Page 25 of 148
the Act of August 30, 1957, 71 Stat. 556 (42 U.S.C. 1594j(b))
[section 1594j(b) of Title 42] to approve regulations (relating
to the rental of substandard housing for members of the uniformed
services) prescribed pursuant to that section. The Secretaries
referred to in section 407(c) of that Act [section 1594j(c) of
Title 42] shall furnish the Director of the Office of Management
and Budget such reports with respect to matters within the scope
of the regulations so approved as he may require and at such
times as he may specify.
(7) The authority of the President under 44 U.S.C. 1108
[section 1108 of Title 44, Public Printing and Documents] to
approve the use, from the appropriations available for printing
and binding, of such sums as are necessary for the printing of
journals, magazines, periodicals, and similar publications.
(8) The authority of the President under the paragraph
appearing under the heading "Expenses of Management Improvement"
in title III of the Treasury, Post Office, and Executive Office
Appropriation Act, 1971, P.L. 91-422, 84 Stat. 877, or by any
reenactment of the provisions of that paragraph in the same or in
a different amount of funds, to allocate to any agency or office
of the executive branch (including the Office of Management and
Budget) funds appropriated by that paragraph or by any such
reenactment on it. The Director of the Office of Management and
Budget shall from time to time report to the President concerning
activities carried on by executive agencies and offices with
funds allocated under this paragraph and shall, consonant with
law, exercise such direction and control with respect to those
activities as he shall deem appropriate.
Sec. 10. General Provisions. (a) Unless inappropriate, any
reference in this order to any provision of law shall be deemed
to include reference thereto as amended from time to time and as
affected by Reorganization Plan No. 2 of 1970 (35 F.R. 7959) [set
out in the Appendix 1 to Title 5].
(b) Unless inappropriate, any reference in any Executive
order to any Executive order which is superseded by this order,
or to any Executive order provision so superseded, shall
hereafter be deemed to refer to this order or to the provision of
the preceding sections of this order, if any, which corresponds
to the superseded provision.
(c) All actions heretofore taken by the President, the
Director of the Bureau of the Budget, or the Director of the
Office of Management and Budget in respect of the matters
affected by the provisions of the preceding sections of this
order and in force at the time of the issuance of this order,
including any regulations prescribed or approved by any of them
in respect of such matters, shall, except as may be inconsistent
with the provisions of this order, remain in effect until
amended, modified, or revoked pursuant to the authority conferred
by this order unless sooner terminated by operation of law.
Sec. 11. Orders superseded. The following are hereby
superseded:
Qualified State Tax References:
Page 26 of 148
(1) Executive Order No. 10604 of April 22, 1955.
(2) Executive Order No. 11230 of June 28, 1965.
(3) Executive Order No. 11275 of March 31, 1966.
(4) Executive Order No. 11290 of July 21, 1966.
(5) Section 3 of Executive Order No. 11294 of August 4,
1966.
(6) To the extent that it is inconsistent with this order,
Executive Order No. 11541 of July 1, 1970.
Sec. 12. Taking effect. This order shall be effective
immediately except that paragraphs (1) to (13), inclusive, and
paragraph (19), of section 1 hereof shall become effective ninety
days after the date of this order.
[Veterans' Administration and Administrator of Veterans'
Affairs deemed a reference to Department of Veterans Affairs and
Secretary of Veterans Affairs, respectively, pursuant to P.L.
100-527, Sec. 10(1), (2), Oct. 25, 1988, 102 Stat. 2635, as
amended, set out as a note under section 301 of Title 38,
Veterans' Benefits.]
UNITED STATES CODE ANNOTATED
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III -- EMPLOYEES
SUBPART D -- PAY AND ALLOWANCES
CHAPTER 55 -- PAY ADMINISTRATION
SUBCHAPTER II -- WITHHOLDING PAY
Current through P.L. 104-194, approved 9-9-96
UNITED STATES CODE ANNOTATED
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III -- EMPLOYEES
SUBPART B -- EMPLOYMENT AND RETENTION
CHAPTER 33 -- EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER II -- OATH OF OFFICE
Current through P.L. 104-194, approved 9-9-96
Sec. 3331. Oath of office
Qualified State Tax References:
Page 27 of 148
An individual, except the President, elected or appointed to
an office of honor or profit in the civil service or uniformed
services, shall take the following oath: "I, AB, do solemnly
swear (or affirm) that I will support and defend the Constitution
of the United States against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; that I
take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter.
So help me God." This section does not affect other oaths
required by law.
CREDIT(S)
1996 Main Volume
(P.L. 89-554, Sept. 6, 1966, 80 Stat. 424.)
[General Materials (GM) - References, Annotations, or Tables]
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1966 Acts.
All but the quoted language in R.S. Sec. 1757 is omitted as
obsolete since R.S. Sec. 1757 was originally an alternative oath
to the oath prescribed in R.S. Sec. 1756 which oath was repealed
by the Act of May 13, 1884, ch. 46, Sec. 2, 23 Stat. 22. The
words "An individual, except the President, . . . in the civil
service or uniformed services" are substituted for "any person .
. . either in the civil, military, or naval service, except the
President of the United States". The second sentence of former
section 16 is changed to read, "This section does not affect
other oaths required by law.".
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
REFERENCES
CROSS REFERENCES
Custody of oath in Congress, court, or agency to which office
pertains, see 5 USCA 2906.
Fee or pay for administering oath prohibited, see 5 USCA 2904.
Officer affidavit that no consideration was paid for appointment
filed with oath under this section, see 5 USCA 3332.
Qualified State Tax References:
Page 28 of 148
Peace Corps enrollees oath of office under this section, see 22
USCA 2504.
Persons authorized to administer oath, see 5 USCA 2903.
Postal Service oath of office, see 39 USCA 1011.
Renewal of oaths, see 5 USCA 2905.
Requirement to take new oath upon appointment to a higher grade
by --
Coast Guard Reserve commissioned officers, see 14 USCA 735.
National Oceanic and Atmospheric Administration commissioned
officers, see 33 USCA 854a-2.
Officers on the active-duty list, see 10 USCA 626.
Regular Coast Guard officers, see 14 USCA 273.
Reserve active-status list officers, see 10 USCA 14309.
Temporary appointees in time of war or national emergency, see 10
USCA 603.
Warrant officers, see 10 USCA 578.
Reserve component officer subscription to oath prescribed by this
section, see 10 USCA 12201.
Secretary of the Senate authorization to designate Disbursing
Office employees to administer oaths under this section, see 2
USCA 64-1.
Volunteers in Service to America oath under this section, see 42
USCA 4954.
Voting referees subscription to the oath required by this
section, see 42 USCA 1971.
LIBRARY REFERENCES
American Digest System
Appointment, qualification, and tenure of federal officers, see
United States K35.
Mode of administration of oath, see Oaths K3.
Encyclopedias
Appointment of federal officers, see C.J.S. United States Sec.
35.
Requisites and sufficiency of oaths, see C.J.S. Oaths and
Affirmations Sec. 5.
Qualified State Tax References:
Page 29 of 148
ANNOTATIONS
NOTES OF DECISIONS
Effect of oath 5
Expatriation 9
Failure to take oath 6
Form of oath 4
Office within section 2
Other oaths required by law 7
Persons required to take oath 3
Prerequisite to compensation 8
Presumptions 10
Purpose 1
1. Purpose
In reference to the oath of office required by Act Aug. 6,
1861, c. 64, 12 Stat. 326 (predecessor of the commonly called
test oath prescribed by Act July 2, 1862, c. 128, 12 Stat. 502),
it was said that such oath was wisely framed for the purpose of
upholding the paramount authority of the national government and
recognized allegiance to the United States, as the highest
political duty and it emphatically repelled the deadly heresy of
a paramount state allegiance. Charge to Grand Jury,
C.C.Mass.1861, 2 Sprague 287, Fed.Cas. No. 18,277.
2. Office within section
An office is a public station conferred by appointment, and
the term embraces the ideas of tenure, duration, emolument, and
duties. Drury v. U.S., 1908, 43 Ct.Cl. 237.
3. Persons required to take oath
A disbursing agent was a public officer required to take the
prescribed oath. Bartlett v. U.S., 1904, 39 Ct.Cl. 338, affirmed
25 S.Ct. 433, 197 U.S. 230, 49 L.Ed. 735.
Consular agents were not regarded as officers required to
take the oath of office and give a bond, but were accountable to
the Consul under whom they acted. Sampson v. U.S., 1895, 30
Ct.Cl. 365.
Requirement of former Sec. 16 of this title [now this
section] that every person elected or appointed to any office,
whether of honor or profit, take a prescribed oath, did not
Qualified State Tax References:
Page 30 of 148
extend to the clerk of a Supervisor of Internal Revenue on the
ground that he was not an officer. Hedrick v. U.S., 1880, 16
Ct.Cl. 88.
It was no defense to action on arbitration award, made by
Interstate Commerce Commission in voluntary proceedings, that
oath was not taken by arbitrator or waived, since every security
given by arbitrator's oath was afforded by constitutional oaths
of individual members of Commission, required by former Sec. 16
of this title [now this section]. Davis v. Rochester Can Co.,
1924, 207 N.Y.S. 33, 124 Misc. 123.
The oath prescribed by Congress for any person elected or
appointed to any office of honor or profit in the "civil,
military, or naval service of the United States" except the
President, has no application to officers of the states, or any
subdivision thereof, and failure of state legislators to take
such oath did not affect the validity of Vernon's Ann.C.C.P. art.
52-158 passed at such session creating the court that convicted
defendant. Van Hodge v. State, 1946, 191 S.W.2d 24, 149
Tex.Cr.R. 64.
Subjects of a foreign nation may be appointed marshals of
the consular courts, and when so appointed need not, under the
laws and regulations, take the prescribed oath but all such
officers should be required to take an oath or affirmation to
faithfully perform the duties of their offices except as to
allegiance and support of the Constitution of the United States.
1902, 23 Op.Atty.Gen. 608.
Where, under Act Feb. 14, 1889, c. 166, 25 Stat. 670, one
was appointed from civil life to be major of engineers in the
Army, and thereupon was placed on the retired list of the Army as
of that grade, he had to take the required oath, and this act
would be in law a legal acceptance of the office and as such a
sufficient formal acceptance. 1889, 19 Op.Atty.Gen. 283.
Former Sec. 16 of this title [now this section] contemplated
that the oath should be taken at every new appointment before
entering upon the duty. 1889, 19 Op.Atty.Gen. 219, 221.
The words "every person elected or appointed to any office
of honor or profit, either in the civil, military, or naval
service", used in former Sec. 16 of this title [now this section]
included members of Congress. 1882, 17 Op.Atty.Gen. 419.
Clerks in the executive departments were officers, and were
required to take the oath prescribed. 1868, 12 Op.Atty.Gen. 521.
Aliens appointed as professors at the U.S. Naval Academy
must take the oath prescribed by this section. 1943, 23
Comp.Gen. 301.
4. Form of oath
The form of oath prescribed by former Sec. 16 of this title
[now this section] was intended to relieve those to whom it
Qualified State Tax References:
Page 31 of 148
related from the necessity of taking the oath required by R.S.
Sec. 1756 (repealed by Act May 13, 1884, c. 46, 23 Stat. 22),
commonly known as the test oath, and in lieu thereof to require
the modified oath prescribed. 1871, 13 Op.Atty.Gen. 390.
5. Effect of oath
An official oath is an incident to the discharge of the
duties imposed and does not in itself constitute him who takes it
an officer de jure. Glavey v. U.S., 1900, 35 Ct.Cl. 242,
reversed on other grounds 21 S.Ct. 891, 182 U.S. 595, 45 L.Ed.
1247.
6. Failure to take oath
Omission of an officer to take the required oath does not,
it seems, invalidate his acts in regard to third persons nor
subject such acts to collateral attack. Vaccari v. Maxwell,
C.C.N.Y.1855, 3 Blatchf. 368, 28 Fed.Cas. 862, No. 16,810.
7. Other oaths required by law
While Postmasters, in common with all other offices of the
United States, except the President, are now required to take the
oath of office prescribed in R.S. Sec. 1757 [now this section],
they are not exempted from taking the oath prescribed by Act Mar.
5, 1874, ch. 46 [now Sec. 1011 of Title 39], relative to the
performance of duties in the Postal Service, but must take this
also. 1885, 18 Op.Atty.Gen. 181.
8. Prerequisite to compensation
A public officer is usually entitled to the emoluments of
the office only after qualification. Poore v. U.S., 1914, 49
Ct.Cl. 192.
9. Expatriation
A retired reserve officer who is receiving retired pay based
upon completion of a prescribed period of service in the armed
forces when he acquires foreign citizenship would no longer be
liable for involuntary recall to active duty in times of war or
national emergency and the acquisition of the foreign citizenship
would be inconsistent with the oath prescribed for reserve
officers to support and defend the Constitution of the United
States; therefore, in the absence of any law authorizing
continuation of an officer's membership in a reserve organization
after he becomes a citizen of a foreign country, payment of
retired pay may not be approved. 1962, 41 Comp.Gen. 715.
10. Presumptions
An officer of the Customs Service, duly commissioned, and
acting in the duties of his office, is presumed to have taken the
regular oaths. U.S. v. Bachelder, C.C.N.H.1814, Fed.Cas. No.
14,490.
Qualified State Tax References:
Page 32 of 148
5 USCA 3331, Oath of office
------------ Excerpt from pages 35785-35789
Sec. 5511. Withholding pay; employees removed for cause
(a) Except as provided by subsection (b) of this section,
the earned pay of an employee removed for cause may not be
withheld or confiscated.
(b) If an employee indebted to the United States is removed
for cause, the pay accruing to the employee shall be applied in
whole or in part to the satisfaction of any claim or indebtedness
due the United States.
CREDIT(S)
1996 Main Volume
(P.L. 89-554, Sept. 6, 1966, 80 Stat. 477.)
[General Materials (GM) - References, Annotations, or Tables]
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1966 Acts.
In subsection (a), the words "From and after February 24,
1931" are omitted as executed. The word "employee" is
coextensive with and substituted for "civil employee of the
United States" in view of the definition of "employee" in section
2105.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
REFERENCES
LIBRARY REFERENCES
American Digest System
Recovery of compensation after suspension or removal of officer,
agent, or employee, see United States K39(1) et seq., 39(8).
Encyclopedias
Recovery of compensation after suspension or removal of officer,
agent, or employee, see C.J.S. United States Sec. 43 et seq.
Qualified State Tax References:
Page 33 of 148
5 USCA 5511, Withholding pay; employees removed for cause
------------ Excerpt from page 36772
UNITED STATES CODE ANNOTATED
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III -- EMPLOYEES
SUBPART D -- PAY AND ALLOWANCES
CHAPTER 55 -- PAY ADMINISTRATION
SUBCHAPTER II -- WITHHOLDING PAY
Current through P.L. 104-194, approved 9-9-96
Sec. 5512. Withholding pay; individuals in arrears
(a) The pay of an individual in arrears to the United States
shall be withheld until he has accounted for and paid into the
Treasury of the United States all sums for which he is liable.
(b) When pay is withheld under subsection (a) of this
section, the General Accounting Office, on request of the
individual, his agent, or his attorney, shall report immediately
to the Attorney General the balance due; and the Attorney
General, within 60 days, shall order suit to be commenced against
the individual.
CREDIT(S)
1996 Main Volume
(P.L. 89-554, Sept. 6, 1966, 80 Stat. 477; P.L. 92-310, Title
II, Sec. 202, June 6, 1972, 86 Stat. 202.)
[General Materials (GM) - References, Annotations, or Tables]
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1966 Acts.
In subsection (b), reference to the "General Accounting
Office" is substituted for "accounting officers of the Treasury"
on authority of the Act of June 10, 1921, ch. 18, title III, 42
Stat. 23. The words "on request of" are substituted for "if
required to do so by" as more accurately reflecting the intent.
Qualified State Tax References:
Page 34 of 148
Reference to the "Attorney General" is substituted for "Solicitor
of the Treasury" and "Solicitor" on authority of section 16 of
the Act of March 3, 1933, ch. 212, 47 Stat. 1517; section 5 of
E.O. 6166, June 10, 1933; and section 1 of 1950 Reorg. Plan No.
2, 64 Stat. 1261.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1972 Acts. Senate Report No. 92-790, see 1972 U.S. Code
Cong. and Adm. News, p. 2364.
Amendments
1972 Amendments. Subsec. (b). P.L. 92-310 eliminated "and
his sureties" following "against the individual".
REFERENCES
CROSS REFERENCES
Armed forces officers pay withheld under this section, see 37
USCA 1007.
Coast Guard, pay of enlisted men indebted to United States, see
14 USCA 461.
LIBRARY REFERENCES
American Digest System
Compensation of federal officers, agents, and employees;
deductions and set-offs against pay, see United States K39(1) et
seq., 39(10).
Encyclopedias
Compensation of federal officers, agents, and employees;
deductions and set-offs against pay, see C.J.S. United States 43
et seq., 49.
ANNOTATIONS
NOTES OF DECISIONS
Generally 1
Hearing 4
Mandatory nature of section 2
Moot questions 5
Payments subject to withholding 3
1. Generally
Qualified State Tax References:
Page 35 of 148
Federal Housing Administration and Veterans' Administration
possessed clear authority to initiate setoff mechanism to collect
alleged debt of federal government employee, who was employed by
Veterans' Administration, to Federal Housing Administration.
Atwater v. Roudebush, D.C.Ill.1976, 452 F.Supp. 622.
2. Mandatory nature of section
Should accountable officer request it, General Accounting
Office is required to report lost amount to Attorney General,
who, in turn, is required to institute legal action against
accountable officer; since this section is mandatory, there is
no provision for discretion to decline to report debt, or to sue
accountable officer. 1985, 64 Op.Comp.Gen. 606.
3. Payments subject to withholding
Where $15,992.20 in government funds disappeared while
entrusted to United States Navy petty officer who was serving as
an agent-cashier aboard ship, the Navy did not act arbitrarily or
capriciously in withholding a total of $5,845.92 from the petty
officer's pay between the time the loss was discovered and the
date of his voluntary discharge from the Navy. Serrano v. U.S.,
Ct.Cl.1979, 612 F.2d 525, 222 Ct.Cl. 52.
Government possesses clear legal authority, grounded in
common law right of every creditor to apply moneys of his debtor
in his hands to extinguishment of claims due him from debtor, to
apply all available assets in its possession, including both
unpaid salary and retirement funds belonging to defaulting
officer or employee toward liquidation of that individual's
indebtedness to government. Atwater v. Roudebush, D.C.Ill.1976,
452 F.Supp. 622.
Where it has been determined that a United States Post
Office Department [now United States Postal Service] employee was
responsible for thefts from registered currency remittances, the
setoff of plaintiff's indebtedness against his civil service
retirement credit and his withheld salary is authorized under
this section. Parker v. U.S., Ct.Cl.1969, 187 Ct.Cl. 553.
4. Hearing
The Immigration and Naturalization Service must accord its
employees a Goldberg v. Kelly type hearing before the Service
withholds, pursuant to this section, the wages of such employees
in satisfaction of a debt allegedly owed the United States. 1979
(Counsel-Inf.Op.) 3 Op.O.L.C. 269.
5. Moot questions
Collection of debt prior to, or during pendency of,
litigation does not present courts with moot question, since
issue at trial concerns original amount asserted against officer,
and not balance remaining to be paid. 1985, 64 Op.Comp.Gen. 606.
Qualified State Tax References:
Page 36 of 148
5 USCA 5512, Withholding pay; individuals in arrears
------------ Excerpt from pages 36773-36775
UNITED STATES CODE ANNOTATED
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III -- EMPLOYEES
SUBPART D -- PAY AND ALLOWANCES
CHAPTER 55 -- PAY ADMINISTRATION
SUBCHAPTER II -- WITHHOLDING PAY
Current through P.L. 104-194, approved 9-9-96
UNITED STATES CODE ANNOTATED
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III -- EMPLOYEES
SUBPART D -- PAY AND ALLOWANCES
CHAPTER 55 -- PAY ADMINISTRATION
SUBCHAPTER II -- WITHHOLDING PAY
Current through P.L. 104-194, approved 9-9-96
Sec. 5513. Withholding pay; credit disallowed or charge raised
for payment
When the General Accounting Office, on a statement of the
account of a disbursing or certifying official of the United
States, disallows credit or raises a charge for a payment to an
individual in or under an Executive agency otherwise entitled to
pay, the pay of the payee shall be withheld in whole or in part
until full reimbursement is made under regulations prescribed by
the head of the Executive agency from which the payee is entitled
to receive pay. This section does not repeal or modify existing
statutes relating to the collection of the indebtedness of an
accountable, certifying, or disbursing official.
CREDIT(S)
1996 Main Volume
(P.L. 89-554, Sept. 6, 1966, 80 Stat. 477.)
[General Materials (GM) - References, Annotations, or Tables]
Qualified State Tax References:
Page 37 of 148
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1966 Acts.
The words "On and after May 26, 1936" are omitted as
executed. The word "official" is substituted for "officer" and
"officers" as the definition of "officer" in section 2104
excludes a member of a uniformed service. The words "from the
United States or from an agency or instrumentality thereof" are
omitted as unnecessary.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
REFERENCES
LIBRARY REFERENCES
American Digest System
Compensation of federal officers, agents, and employees;
deductions and set-offs against pay, see United States K39(1) et
seq., 39(10).
Encyclopedias
Compensation of federal officers, agents, and employees;
deductions and set-offs against pay, see C.J.S. United States 43
et seq., 49.
5 USCA 5513, Withholding pay; credit disallowed or charge raised
for payment
------------ Excerpt from pages 36776-36777
UNITED STATES CODE ANNOTATED
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III -- EMPLOYEES
SUBPART D -- PAY AND ALLOWANCES
CHAPTER 55 -- PAY ADMINISTRATION
SUBCHAPTER II -- WITHHOLDING PAY
Current through P.L. 104-194, approved 9-9-96
Sec. 5514. Installment deduction for indebtedness to the United
States
Qualified State Tax References:
Page 38 of 148
(a)(1) When the head of an agency or his designee determines
that an employee, member of the Armed Forces or Reserve of the
Armed Forces, is indebted to the United States for debts to which
the United States is entitled to be repaid at the time of the
determination by the head of an agency or his designee, or is
notified of such a debt by the head of another agency or his
designee the amount of indebtedness may be collected in monthly
installments, or at officially established pay intervals, by
deduction from the current pay account of the individual. The
deductions may be made from basic pay, special pay, incentive
pay, retired pay, retainer pay, or, in the case of an individual
not entitled to basic pay, other authorized pay. The amount
deducted for any period may not exceed 15 percent of disposable
pay, except that a greater percentage may be deducted upon the
written consent of the individual involved. If the individual
retires or resigns, or if his employment or period of active duty
otherwise ends, before collection of the amount of the
indebtedness is completed, deduction shall be made from
subsequent payments of any nature due the individual from the
agency concerned. All Federal agencies to which debts are owed
and which have outstanding delinquent debts shall participate in
a computer match at least annually of their delinquent debt
records with records of Federal employees to identify those
employees who are delinquent in repayment of those debts. The
preceding sentence shall not apply to any debt under the Internal
Revenue Code of 1986. Matched Federal employee records shall
include, but shall not be limited to, records of active Civil
Service employees government-wide, military active duty
personnel, military reservists, United States Postal Service
employees, employees of other government corporations, and
seasonal and temporary employees. The Secretary of the Treasury
shall establish and maintain an interagency consortium to
implement centralized salary offset computer matching, and
promulgate regulations for this program. Agencies that perform
centralized salary offset computer matching services under this
subsection are authorized to charge a fee sufficient to cover the
full cost for such services.
(2) Except as provided in paragraph (3) of this subsection,
prior to initiating any proceedings under paragraph (1) of this
subsection to collect any indebtedness of an individual, the head
of the agency holding the debt or his designee, shall provide the
individual with --
(A) a minimum of thirty days written notice, informing such
individual of the nature and amount of the indebtedness
determined by such agency to be due, the intention of the agency
to initiate proceedings to collect the debt through deductions
from pay, and an explanation of the rights of the individual
under this subsection;
(B) an opportunity to inspect and copy Government records
relating to the debt;
(C) an opportunity to enter into a written agreement with
the agency, under terms agreeable to the head of the agency or
Qualified State Tax References:
Page 39 of 148
his designee, to establish a schedule for the repayment of the
debt; and
(D) an opportunity for a hearing on the determination of the
agency concerning the existence or the amount of the debt, and in
the case of an individual whose repayment schedule is established
other than by a written agreement pursuant to subparagraph (C),
concerning the terms of the repayment schedule.
A hearing, described in subparagraph (D), shall be provided if
the individual, on or before the fifteenth day following receipt
of the notice described in subparagraph (A), and in accordance
with such procedures as the head of the agency may prescribe,
files a petition requesting such a hearing. The timely filing of
a petition for hearing shall stay the commencement of collection
proceedings. A hearing under subparagraph (D) may not be
conducted by an individual under the supervision or control of
the head of the agency, except that nothing in this sentence
shall be construed to prohibit the appointment of an
administrative law judge. The hearing official shall issue a
final decision at the earliest practicable date, but not later
than sixty days after the filing of the petition requesting the
hearing.
(3) Paragraph (2) shall not apply to routine intra-agency
adjustments of pay that are attributable to clerical or
administrative errors or delays in processing pay documents that
have occurred within the four pay periods preceding the
adjustment and to any adjustment that amounts to $50 or less, if
at the time of such adjustment, or as soon thereafter as
practical, the individual is provided written notice of the
nature and the amount of the adjustment and a point of contact
for contesting such adjustment.
(4) The collection of any amount under this section shall be
in accordance with the standards promulgated pursuant to sections
3711 and 3716-3718 of title 31 or in accordance with any other
statutory authority for the collection of claims of the United
States or any agency thereof.
(5) For purposes of this subsection --
(A) "disposable pay" means that part of pay of any
individual remaining after the deduction from those earnings of
any amounts required by law to be withheld; and
(B) "agency" includes executive departments and agencies,
the United States Postal Service, the Postal Rate Commission, the
United States Senate, the United States House of Representatives,
and any court, court administrative office, or instrumentality in
the judicial or legislative branches of the Government, and
government corporations.
(b)(1) The head of each agency shall prescribe regulations,
subject to the approval of the President, to carry out this
section and section 3530(d) of title 31. Regulations prescribed
by the Secretaries of the military departments shall be uniform
Qualified State Tax References:
Page 40 of 148
for the military services insofar as practicable.
(2) For purposes of section 7117(a) of this title, no
regulation prescribed to carry out subsection (a)(2) of this
section shall be considered to be a Government-wide rule or
regulation.
(c) Subsection (a) of this section does not modify existing
statutes which provide for forfeiture of pay or allowances. This
section and section 3530(d) of title 31 do not repeal, modify, or
amend section 4837(d) or 9837(d) of title 10 or section 1007(b),
(c) of title 37.
(d) A levy pursuant to the Internal Revenue Code of 1986
shall take precedence over other deductions under this section.
CREDIT(S)
1996 Main Volume
(P.L. 89-554, Sept. 6, 1966, 80 Stat. 477; P.L. 96-54, Sec.
2(a)(2), Aug. 14, 1979, 93 Stat. 381; P.L. 97-258, Sec.
3(a)(12), Sept. 13, 1982, 96 Stat. 1063; P.L. 97-365, Sec. 5,
Oct. 25, 1982, 96 Stat. 1751; P.L. 97-452, Sec. 2(a)(2), Jan.
12, 1983, 96 Stat. 2478; P.L. 98-216, Sec. 3(a)(4), Feb. 14,
1984, 98 Stat. 6.)
1996 Electronic Update
(As amended P.L. 104-134, Title III, Sec. 31001(h), Apr. 26,
1996, 110 Stat. 1321-363.)
[General Materials (GM) - References, Annotations, or Tables]
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1966 Acts.
In subsection (a), the words "head of the agency concerned"
are substituted for "Secretary of the department concerned or the
head of the agency or independent establishment concerned, or one
of their designees". The words "an employee, a member of the
armed forces, or a Reserve of the armed forces" are coextensive
with and substituted for "an employee of the United States or any
member of the Army, Navy, Air Force, Marine Corps, or Coast
Guard, or a reserve component thereof" in view of the definitions
in sections 2101 and 2105. The words "basic compensation" are
omitted as included in "basic pay".
In subsection (b), the words "head of each agency" are
substituted for "Each Secretary of a department, or head of an
agency or independent establishment, as appropriate". The words
"Secretaries of the military departments" are substituted for
Qualified State Tax References:
Page 41 of 148
"Secretaries of the Army, Navy, and Air Force" to conform to the
definition of "military department" in section 102.
In subsection (c), the words "section 4837(d) or 9837(d) of
title 10 or section 1007(b), (c) of title 37" are substituted for
"the provisions of the Act of May 22, 1928 (ch. 676, 45 Stat.
698)" in section 4 of the Act of July 15, 1954, on authority of
the Acts of Aug. 10, 1956, ch. 1041, Sec. 49(b), 70A Stat. 640,
and Sept. 7, 1962, P.L. 87-649, Sec. 12(b), 76 Stat. 497.
1979 Acts. Senate Report No. 96-276, see 1979 U.S. Code
Cong. and Adm. News, p. 931.
1982 Acts. House Report No. 97-651, see 1982 U.S. Code Cong.
and Adm. News, p. 1895.
Senate Report Nos. 97-378 and 97-287, see 1982 U.S. Code
Cong. and Adm. News, p. 3377.
1983 Acts. Detailed Explanation prepared by the Office of
the Law Revision Counsel, see 1982 U.S. Code Cong. and Adm. News,
p. 4301.
1984 Acts. Detailed Explanation of H.R. 2727, see 1984 U.S.
Code Cong. and Adm. News, p. 3.
References in Text
The Internal Revenue Code of 1986, referred to in subsecs.
(a)(1) and (d), is set out in Title 26, Internal Revenue Code.
Amendments
1996 Amendments. Subsec. (a)(1). P.L. 104-134, Sec.
31001(h)(A)(i), inserted provisions directing all Federal
agencies to which debts are owed and which have outstanding
delinquent debts to participate in a computer match at least
annually with records of Federal employees to identify those who
are delinquent, directing the Secretary of the Treasury to
establish and maintain an interagency consortium to implement
centralized salary offset computer matching, and authorizing
agencies that perform such computer matching to charge a fee for
the full cost of such services.
Subsec. (a)(3). P.L. 104-134, Sec. 31001(h)(A)(iii), added
par. (3). Former par. (3) redesignated (4).
Subsec. (a)(4), (5). P.L. 104-134, Sec. 31001(h)(A)(ii),
redesignated former pars. (3) and (4) as (4) and (5),
respectively.
Subsec. (a)(5)(B). P.L. 104-134, Sec. 31001(h)(A)(iv),
amended subpar. (B) generally. Prior to amendment, subpar. (B)
read as follows: "'agency' includes the United States Postal
Service and the Postal Rate Commission."
Subsec. (d). P.L. 104-134, Sec. 31001(h)(B), added subsec.
Qualified State Tax References:
Page 42 of 148
(d).
1984 Amendments. Subsec. (c). P.L. 98-216 substituted
"section 3530(d) for "section 581d".
1983 Amendments. Subsec. (a)(3). P.L. 97-452, substituted
"sections 3711 and 3716-3718 of title 31" for "the Federal Claims
Collection Act of 1966 (31 U.S.C. 951 et seq.)".
1982 Amendments. Catchline. P.L. 97-365, Sec. 5(c),
substituted "indebtedness to the United States" for "indebtedness
because of erroneous payment".
Subsec. (a). P.L. 97-365, Sec. 5(a), designated existing
provisions as par. (1), in par. (1) as so designated substituted
provisions relating to debts to which the United States is
entitled to be repaid for provisions which had related to an
indebtedness to the United States because of an erroneous payment
made by an agency to or on behalf of an individual, added
provisions relating to the notification of a debt by the head of
another agency or his designee, substituted provisions
authorizing the deduction of not to exceed 15 percent of
disposable pay for provisions which had authorized the deduction
of not to exceed two-thirds of the pay from which the deduction
was made, and added pars. (2), (3), and (4).
Subsec. (b). P.L. 97-365, Sec. 5(b), designated existing
provisions as par. (1) and added par. (2).
P.L. 97-258, Sec. 3(a)(12), substituted "3530(d)" for
"581d".
1979 Amendments. Subsec. (b). P.L. 96-54 substituted
"President" for "Director of the Bureau of the Budget".
Effective Dates
1996 Acts. Amendment by P.L. 104-134 effective Apr. 26,
1996, see section 31001(a)(2)(A) of P.L. 104-134, set out as a
note under section 3322 of Title 31, Money and Finance.
1979 Acts. Amendment by P.L. 96-54 effective July 12, 1979,
see section 2(b) of P.L. 96-54, set out as a note under section
305 of this title.
Savings Provisions
For savings provisions relating to amendment by P.L. 98-216,
see section 5(d) of P.L. 98-216, set out as a note preceding
section 101 of Title 31, Money and Finance.
Short Title
1982 Amendments. Section 1 of P.L. 97-365 provided: "That
this Act [enacting sections 954 and 955 of former Title 31, Money
and Finance, amending this section and section 552a of this
title, section 1114 of Title 18, Crimes and Criminal Procedure,
Qualified State Tax References:
Page 43 of 148
sections 6103 and 7213 of Title 26, Internal Revenue Code,
section 2415 of Title 28, Judiciary and Judicial Procedure, and
sections 484, 951, and 952 of former Title 31, and enacting
provisions set out as notes under this section and section 6103
of Title 26] may be cited as the 'Debt Collection Act of 1982'."
Delegation of Functions
Authority of the President under subsec. (b) of this section
to approve regulations prescribed by the head of each agency to
carry out this section and section 581d of Title 31, Money and
Finance [31 U.S.C.A. 3530(d)], relating to installment deductions
from pay for indebtedness because of erroneous payment, delegated
to the Office of Personnel Management, see section 8(1) of Ex.
Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note
under section 301 of Title 3, The President.
Collection of Indebtedness of Employees of Federal Government
Resulting From Action or Suit Brought Against Employee by United
States
P.L. 97-276, Sec. 124, Oct. 2, 1982, 96 Stat. 1195, provided
that: "Notwithstanding any other provision of this joint
resolution [P.L. 97-276], in the case of any employee of the
Federal Government who is indebted to the United States, as
determined by a court of the United States in an action or suit
brought against such employee by the United States, the amount of
the indebtedness may be collected in monthly installments, or at
officially established regular pay period intervals, by deduction
in reasonable amounts from the current pay account of the
individual. The deductions may be made only from basic pay,
special pay, incentive pay, or, in the case of an individual not
entitled to basic pay, other authorized pay. Collection shall be
made over a period not greater than the anticipated period of
employment. The amount deducted for any period may not exceed
one-fourth of the pay from which the deduction is made, unless
the deduction of a greater amount is necessary to make the
collection within the period of anticipated employment. If the
individual retires or resigns, or if his employment otherwise
ends, before collection of the amount of the indebtedness is
completed, deduction shall be made from later payments of any
nature due to the individual from the United States Treasury."
Improvements in Debt Collection Procedures Under 1982 Amendments
as Contained in Debt Collection Act of 1982 Inapplicable to
Claims or Indebtedness Under Internal Revenue Code, Social
Security Act, or Tariff Laws
Section 8(e) of P.L. 97-365, as amended by P.L. 99-514, Sec.
2, Oct. 22, 1986, 100 Stat. 2095, provided that: "Except as
otherwise provided in section 4 or 7 or the foregoing provisions
of this section [amending sections 6103 and 7213 of Title 26,
Internal Revenue Code, and enacting provisions set out as notes
under section 6103 of Title 26], nothing in this Act (or in the
amendments made by this Act) [see Short Title of 1982 Amendments
note under this section] shall apply to claims or indebtedness
arising under, or amounts payable under, the Internal Revenue
Qualified State Tax References:
Page 44 of 148
Code of 1986 [Title 26], the Social Security Act [section 301 et
seq. of Title 42, The Public Health and Welfare], or the tariff
laws of the United States [Title 19, Customs Duties]."
REFERENCES
CROSS REFERENCES
Advisory Council on Historic Preservation employees subject to
Department of the Interior regulations prescribed under this
section, see 16 USCA 470m.
Armed forces members provided same notice and opportunities as
provided under this section for breach of lease or damage paid by
military, see 10 USCA 1055.
Food stamp program overissuance of coupons recovered from Federal
pay as authorized by this section for purposes of --
Disposition of claims, see 7 USCA 2022.
State plans of operation, see 7 USCA 2020.
Student loans in default and referred to Secretary of Health and
Human Services treated as debt subject to this section for
purposes of --
Health professions education, see 42 USCA 292r.
Nurse education, see 42 USCA 297b.
LIBRARY REFERENCES
Administrative Law
Administrative personnel, see 5 CFR Parts 179, 550, and 1210.
Agriculture, see 7 CFR Part 3.
Banks and banking, see 12 CFR Parts 608 and 1408.
Commerce and foreign trade, see 15 CFR Part 22.
Commodity and securities exchanges, see 17 CFR Parts 141 and 204.
Education, see 34 CFR Parts 31 and 32.
Employees' benefits, see 20 CFR Part 361.
Energy, see 10 CFR Part 16.
Foreign relations, see 22 CFR Parts 34, 213, 309, 512, and 1007.
Housing and urban development, see 24 CFR Part 17.
Labor, see 29 CFR Parts 20, 1450, and 1600.
Qualified State Tax References:
Page 45 of 148
Mineral resources, see 30 CFR Part 870.
Money and Finance, Treasury, see 31 CFR Part 5.
National defense, see 32 CFR Part 1697.
Panama Canal, see 35 CFR Part 256.
Parks, forests, and public property, see 36 CFR Part 705.
Pensions, bonuses, and veterans' relief, see 38 CFR Part 1.
Postal Service, see 39 CFR Part 961.
Protection of environment, see 40 CFR Part 13.
Public welfare, see 45 CFR Parts 30, 607, 708, and 1179.
Telecommunication, see 47 CFR Part 1.
Transportation, see 49 CFR Parts 92 and 1017.
American Digest System
Recovery by government of compensation paid to officer, agent, or
employee, see United States K39(14).
Encyclopedias
Recovery by government of compensation paid to officer, agent, or
employee, see C.J.S. United States Sec. 50.
Law Review and Journal Commentaries
Due process in federal debt collection by offset: Two concepts
and a case study. Martin B. White, 41 Okla.L.Rev. 195 (1988).
ANNOTATIONS
NOTES OF DECISIONS
Constitutionality 1/2
Construction with other laws 1
Extreme financial hardship 7
Head of agency determination
Head of agency determination - Generally 2
Head of agency determination - Discretion of agency head 3
Indebtedness for which deductions may be made
Indebtedness for which deductions may be made - Generally 4
Qualified State Tax References:
Page 46 of 148
Indebtedness for which deductions may be made - Armed forces
members 5
Jurisdiction 6
1/2. Constitutionality
Statute permitting Department of Education to collect
student loan debts of federal employees via offset against their
wages was rationally related to legitimate governmental purpose
of securing repayment of federally insured student loans, and did
not violate federal employee's equal protection rights. Sibley
v. U.S. Dept. of Educ., N.D.Ill.1995, 913 F.Supp. 1181.
1. Construction with other laws
Offsets against employee's final salary check and lump-sum
leave payment are governed generally by section 3716 of Title 31,
and fifteen percent limitation of this section is not applicable.
1985, 64 Op.Comp.Gen. 907.
This section, with its implementing regulations, authorizes
salary offset procedure not required by more specific provisions,
such as sections 5522, 5705, and 5724 of this title. 1984, 64
Op.Comp.Gen. 142.
This section does not require change in rule that debts
arising from erroneous payments to Army enlisted men are
"administratively ascertained" debts within purview of 4837 and
9837 of Title 10 and thus subject to remission by the Secretary
of the Army under such sections. 1956, 35 Comp.Gen. 421.
2. Head of agency determination -- Generally
It was invalid to withhold installments from salary of Air
Force officer because of allegedly illegal dependency payments to
his parents under this section requiring Secretary of Air Force
or his designee to order withholding, where neither Secretary nor
his designee made required determination. Arnold v. U.S.,
Ct.Cl.1968, 404 F.2d 953, 186 Ct.Cl. 117.
3. -- Discretion of agency head
Order directing the withholding of installments from salary
of Air Force officer because of allegedly illegal dependency
payments to his parents was invalid, where the withholding order
was issued without any exercise of discretion by the Air Force
but solely as a mechanical response to Comptroller General's
certificate of indebtedness. Arnold v. U.S., Ct.Cl.1968, 404
F.2d 953, 186 Ct.Cl. 117.
4. Indebtedness for which deductions may be made -- Generally
After Air Force has been properly billed by Labor
Department, an overpayment by Department's employee compensation
fund to Air Force employee may be collected under this section as
if it had been made directly by Air Force. 1982, 61 Op. Comp.
Qualified State Tax References:
Page 47 of 148
Gen. 450.
Where federal employee was erroneously granted compensatory
time off in excess of the hours for which he could have received
overtime pay under the aggregate salary limitation provisions of
section 5547 of this title, such employee's annual leave balance
could not be charged with a compensatory time deduction without
employee consent, but such amount could be recovered by means of
offset. (1979) 58 Op. Comp. Gen. 571.
5. -- -- Armed forces members
Statute [set out as a note under this section] providing 25%
right of offset against "current pay account" of "any employee of
the Federal Government" who is indebted to United States did not
apply to members of armed forces. U.S. v. Tafoya, C.A.5 (Tex.)
1986, 803 F.2d 140.
Where it was invalid to withhold installments from salary of
Air Force officer because of allegedly illegal dependency
payments to his parents because neither Secretary of Air Force
nor his designee authorized such withholding, Secretary had no
power years later through designee to direct the withholding.
Arnold v. U.S., Ct.Cl.1968, 404 F.2d 953, 183 Ct.Cl. 117.
6. Jurisdiction
Claim of retired Marine officer to amounts withheld monthly
from his retirement pay on ground retired Marine officer had
received overpayment of retirement pay constituted claim over
which Court of Claims [now Court of Federal Claims] had exclusive
jurisdiction, and, therefore, federal district court could not
entertain claim for recovery of the amounts withheld. Gordon v.
Shoup, C.A.D.C.1963, 316 F.2d 683, 115 U.S.App.D.C. 32.
7. Extreme financial hardship
Federal government employee failed to show that 15% offset
from wages proposed by Department of Education for repayment of
student loan would impose "extreme financial hardship" on
employee within meaning of statutory restriction on such offsets,
where employee failed to provide medical records in support his
claim that he had to eat four times a day at restaurants, to
demonstrate extent to which his health insurance covered his $657
claimed monthly medical expenses, or to show that claimed monthly
credit card expense related to charges incurred for essential
subsistence expenses; unsupported expense claims were properly
reduced or eliminated, in assessing what hardship, if any, would
result from allowance of 15% offset against employee's wages.
Sibley v. U.S. Dept. of Educ., N.D.Ill.1995, 913 F.Supp. 1181.
5 USCA 5514, Installment deduction for indebtedness to the United
States
------------ Excerpt from pages 36778-36788
Qualified State Tax References:
Page 48 of 148
Sec. 5516. Withholding District of Columbia income taxes
(a) The Secretary of the Treasury, under regulations
prescribed by the President, shall enter into an agreement with
the Mayor of the District of Columbia within 120 days of a
request for agreement from the Mayor. The agreement shall
provide that the head of each agency of the United States shall
comply with the requirements of subchapter II of chapter 15 of
title 47, District of Columbia Code, in the case of employees of
the agency who are subject to income taxes imposed by that
subchapter and whose regular place of employment is within the
District of Columbia. The agreement may not apply to pay of an
employee who is not a resident of the District of Columbia as
defined in subchapter II of chapter 15 of title 47, District of
Columbia Code. In the case of pay for service as a member of the
armed forces, the second sentence of this subsection shall be
applied by substituting "who are residents of the District of
Columbia" for "whose regular place of employment is within the
District of Columbia". For the purpose of this subsection,
"employee" has the meaning given it by section 1551c(z) of title
47, District of Columbia Code.
(b) This section does not give the consent of the United
States to the application of a statute which imposes more
burdensome requirements on the United States than on other
employers, or which subjects the United States or its employees
to a penalty or liability because of this section.
CREDIT(S)
1996 Main Volume
(P.L. 89-554, Sept. 6, 1966, 80 Stat. 478; P.L. 90-623, Sec.
1(9), Oct. 22, 1968, 82 Stat. 1312; P.L. 94-455, Title XII, Sec.
1207(a)(2), Oct. 4, 1976, 90 Stat. 1705; P.L. 96-54, Sec.
2(a)(30), Aug. 14, 1979, 93 Stat. 383.)
[General Materials (GM) - References, Annotations, or Tables]
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1966 Acts.
Section 2(c) "(z)" of the Act of Mar. 31, 1956, 70 Stat. 68
(section 1551c(z) of title 47, District of Columbia Code)
contains a definition of "employee" that is applicable to this
section. Accordingly, the last sentence of subsection (a) is
added to preserve the application of the source law.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
Qualified State Tax References:
Page 49 of 148
1968 Acts. Senate Report No. 1624, see 1968 U.S. Code Cong.
and Adm. News, p. 4446.
1976 Acts. House Report Nos. 94-658 and 94-1380, Senate
Report No. 94-938(Parts I and II), and House Conference Report
No. 94-1515, see 1976 U.S. Code Cong. and Adm. News, p. 2897.
1979 Acts. Senate Report No. 96-276, see 1979 U.S. Code
Cong. and Adm. News, p. 931.
Amendments
1979 Amendments. Subsec. (a). P.L. 96-54 substituted
"Mayor" for "Commissioner" wherever appearing therein.
1976 Amendments. P.L. 94-455 struck out "pay for service as
a member of the armed forces, or to" following "The agreement may
not apply to" and added provision that in the case of service as
a member of the armed forces, the second sentence shall be
applied by substituting "who are residents of the District of
Columbia" for "whose regular place of employment is within the
District of Columbia".
1968 Amendments. Subsec. (a). P.L. 90-623 substituted
"Commissioner" for "Commissioners" in two instances.
Effective Dates
1979 Acts. Amendment by P.L. 96-54 effective July 12, 1979,
see section 2(b) of P.L. 96-54, set out as a note under section
305 of this title.
1976 Acts. Section 1207(f)(1) of P.L. 94-455 provided that:
"The amendments made by subsection (a) [amending subsec. (a) of
this section and section 5517(a) of this title] shall apply to
wages withheld after the 120-day period following any request for
an agreement after the date of the enactment of this Act [Oct. 4,
1976]."
1968 Acts. Amendment by P.L. 90-623 intended to restate
without substantive change the law in effect on Oct. 22, 1968,
see section 6 of P.L. 90-623, set out as a note under section
5334 of this title.
REFERENCES
CROSS REFERENCES
Withholding of District of Columbia income taxes by --
Clerk and Sergeant at Arms of House of Representatives, see 2
USCA 60e-1a and 60e-1b.
Secretary of Senate, see 2 USCA 60c-3.
LIBRARY REFERENCES
Qualified State Tax References:
Page 50 of 148
Administrative Law
Money and finance, Treasury, see 31 CFR Part 215.
America