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necessary for the maintenance of the fund. (Sept.7, 1916, ch. 458, § 35, 39 Stat. 749; June 10, 1921, ch. 18, § 215, 42 Stat. 23.)

$ 786. Findings and award by Commission; payment of compensation.—The commission, upon consideration of the claim presented by the beneficiary, and the report furnished by the immediate superior and the completion of such investigation as it may deem necessary, shall determine and make a finding of facts thereon and make an award for or against payment of the compensation provided for in sections 751-791, 793 of this title. Compensation when awarded shall be paid from the employees' compensation fund. (Sept. 7, 1916, ch. 458, § 36, 39 Stat. 749.)

$ 787. Same; review. If the original claim for compensation has been made within the time specified in section 770 of this title, the commission may, at any time, on its own motion or on application, review the award, and, in accordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, award compensation. In the absence of fraud or mistake in mathematical calculation, the finding of facts in, and the decision of the commission upon, the merits of any claim presented under or authorized by sections 751-791, 793 of this title if supported by competent evidence shall not be subject to review by any other administrative or accounting officer, employee, or agent of the United States. Any award made by the Compensation Commission for disability or death resulting from a personal injury sustained prior to June 5, 1924, shall be valid, if such ward would be valid if made in respect to an injury sustained thereafter. (Sept. 7, 1916, ch. 458, § 37, 39 Stat. 749; June 5, 1924, ch. 261, § 1; 43 Stat. 389.)

788. Same; cancellation; recovery of compensation paid.If any compensation is paid under a mistake of law or fact, the commission shall immediately cancel any award under which such compensation has been paid and shall recover as far as practicable, any amount which has been so paid. Any amount so recovered shall be placed to the credit of the employees' compensation fund. (Sept. 7, 1916, ch. 458, § 38, 39 Stat. 749.)

789. Penalty for perjury.-Whoever makes, in any affidavit required under section 754 of this title or in any claim for compensation, any statement, knowing it to be false, shall be guilty of perury and shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. (Sept. 7, 1916, ch. 458, $ 39, 39 Stat. 749.)

§ 790. Terms defined. Whenever used in sections 751-791, 793 of this title

The singular includes the plural and the masculine includes the feminine.

The term "employees” includes all civil employees of the United States and of the Panama Railroad Company, commissioned officers of the Regular Corps of the Public Health Service, officers in the Reserve of the Public Health Service on active duty, and all persons, other than independent contractors and

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their employees, employed on the Menominee Indian Reservation in the State of Wisconsin, subsequent to September 7, 1916, in operations conducted pursuant to the Act entitled "An Act to authorize the cutting of timber, the manufacture and sale of lumber, and the preservation of the forests on the Menominee Indian Reservation in the State of Wisconsin,” approved March 28, 1908, as amended, or any other Act relating to tribal timber and logging operations on the Menominee Reservation.

The term "commission” shall be taken to refer to the United States Employees' Compensation Commission provided for in section 778 of this title.

The term “physician” includes surgeons and osteopathic practitioners within the scope of their practice as defined by State law.

The term “medical, surgical, and hospital services and supplies" includes services and supplies by osteopathic practitioners and hospitals within the scope of their practice as defined by State law.

The term "monthly pay" shall be taken to refer to the monthly pay at the time of the injury.

The term “injury” includes, in addition to injury by accident, any disease proximately caused by the employment.

The term "compensation” includes the money allowance payable to an employee or his dependents and any other benefits paid for out of the compensation fund: Provided, however, That this shall not in any way reduce the amount of the monthly compensation payable in case of disability or death. (Sept. 7, 1916, ch. 458, 8 40, 39 Stat. 750; June 5, 1924, ch. 261, § 2, 43 Stat. 389; May 31, 1938, ch. 293, 52 Stat. 586; Apr. 11, 1940, ch. 79, § 1, 54 Stat. 105; July 1, 1944, ch. 373, title VI, § 605 (b), 53 Stat. 712.)

SUBSISTENCE EXPENSE ACT OF 1926 § 821. Short title.Sections 821-823, 824-833 of this title may be cited as the "Subsistence Expense Act of 1926." (June 3, 1926, ch. 457, § 1, 44 Stat. 688.)

EFFECTIVE DATE Effective date of sections 821-823, 824-833, see section 833 of this title.

8 822. Definitions.—When used in sections 821-823, 824-833 of this title

The term "departments and establishments" means any executive department, independent commission board, bureau, of. fice, agency, or other establishment of the Government, including the municipal government of the District of Columbia.

The term “subsistence” means lodging, meals, and other necessary expenses incidental to the personal sustenance or comfort of the traveler.

The term "actual expenses” means the actual amounts necessarily expended by the traveler for subsistence and itemized in accounts for reimbursement.

The term “per diem allowance" means a daily flat rate of payment in lieu of actual expenses. (June 3, 1926, ch, 457,

2, 44 Stat. 689.)

EFFECTIVE DATE Effective date of sections 821-823, 824-833, see section 833 of this title.

§ 823. Officers and employees away on official business; allowance of actual necessar expenses.—Civilian officers and employees of the departments and establishments, while traveling on official business and away from their designated posts of duty, shall be allowed, in lieu of their actual expenses for subsistence and all fees or tips to porters and stewards, a per diem allowance to be prescribed by the heads of the departments and establishments concerned at a rate not to exceed $6 within the limits of the continental United States, and not to exceed an average of $7 beyond the limits of the continental United States. (June 3, 1926, ch. 457, § 3, 44 Stat. 689; June 30, 1932, ch. 314, § 207, 47 Stat. 405. Jan. 30, 1942, ch. 29, 56 Stat. 39.)

CROSS REFERENCE Use of own motorcycle or automobile, allowance for, see section 73a of this title.

§ 823a. Transportation of effects; automobiles. After July 1, 1932, no law or regulation authorizing or permitting the transportation at Government expense of the effects of officers, employees, or other persons, shall be construed or applied as including or authorizing the transportation of an automobile: Provided. That not more than $5,000 in any 'fiscal year may be expended for such purposes by the War Department, and not more than $5,000 in any fiscal year by the Navy Department: Provided further, That funds available to the Department of State may be expended for the transportation of a personally owned automobile in any case where the Secretary of State shall determine that ocean transportation is necessary for any part of the distance between points of origin and destination, except that this authorization shall not be extended to any Ambassador or Minister when proceeding to a post of duty where a Governmentowned automobile shall have been provided for his use. (June 30, 1932, ch. 314, $ 209, 47 Stat. 405; Apr. 30, 1940, ch. 172, 54 Stat. 174.)

EFFECTIVE DATE Effective date of act June 30, 1932, cited to text, see note under section 73c of this title.

CROSS REFERENCES Household goods and personal effects of civilian employees, see section 73c-1 of this title.

§ 827. Regulations governing expenses or per diem; standarization.—The fixing and payment, under section 823 of this title, of per diem allowance, or portions thereof, shall be in accordance with regulations which shall be promulgated by the heads of departments and establishments and which shall be standardized as far as practicable and shall not be effective until approved by the President of the United States. (June 3, 1926, ch. 457, $ 7,44 Stat. 689; June 30, 1932, ch. 314, § 208, 47 Stat. 405.)

EFFECTIVE DATE Effective date of sections 821-823, 824-833, see section 833 of this title.

§ 828. Advancements and deductions thereof.-The heads of departments and establishments, under regulations which shall be prescribed by the Secretary of the Treasury for the protection of the United States, may advance through the proper disbursing officers from applicable appropriations to any person entitled to actual expenses or per diem allowance under sections 821-823, 824-833 of this title such sums as may be deemed advisable considering the character and probable duration of the travel to be performed. Any sums so advanced shall be recov- . ered from the person to whom advanced, or his estate, by deduction from any amount due from the United States or by such other legal method of recovery as may be necessary. (June 3, 1926, ch. 457, § 8, 44 Stat. 689.)

EFFECTIVE DATE Effective date of sections 821-823, 824-833, see section 833 of this title.

§ 829. Repeal of inconsistent laws; exceptions.-All laws or parts of laws which are inconsistent with or in conflict with the provisions of sections 821-823, 824-833 of this title, except such laws or parts of law as specially fix or now permit rates higher than the maximum rates established in said sections, are hereby repealed or modified only to the extent of such inconsistency or conflict. (June 3, 1926, ch. 457, § 9, 44 Stat. 689.)

EFFECTIVE DATE Effective date of sections 821-823, 824-833, see section 833 of this title.

AMENDMENT 1932—Act June 30, 1932, ch. 314, § 210, 47 Stat. 406, amending sections 823, 827, adding section 823a, and repealing sections 824-826, all of this title, repealed all acts inconsistent therewith.

§ 833. Effective date of sections 821-823, 824-833; no deficiency in appropriations authorized.-Sections 821-823, 824-833 of this title shall take effect on July 1, 1926, but any increases deemed necessary to be made in the rates of actual expenses or per diem allowance under the authority of said sections shall not be authorized by heads of departments and establishments to the extent of incurring a deficiency in appropriations available for the payment thereof during the fiscal year 1927. (June 3, 1926, ch. 457, § 13, 44 Stat. 690.)

PREFERENCE OF VETERANS IN GOVERNMENT EMPLOYMENT

$ 851. Persons entitled to federal employment preferences.In certification for appointment, in appointment, in reinstatement, in reemployment, and in retention in civilian positions in all establishments, agencies, bureaus, administrations, projects, and departments of the Government, permanent or temporary, and in either (a) the classified civil service; (b) the unclassified civil service; (c) any temporary or emergency establishment, agency, bureau, administration, project, and department created by Acts of Congress or Presidential Executive order; and (d) the civil service of the District of Columbia, preference shall be given to (1) those ex-servicemen and women who have served

on active duty in any branch of the armed forces of the United States and have been separated therefrom under honorable conditions and who have established the present existence of a service-connected disability or who are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the Veterans' Administration, the War Department or the Navy Department; (2) the wives of such service-connected disabled ex-servicemen as have themselves been unable to qualify for any civil-service appointment; (3) the unmarried widows of deceased ex-servicemen who served on active duty in any branch of the armed forces of the United States during any war, or in any campaign or expedition (for which a campaign badge has been authorized), and who were, separated therefrom under honorable conditions; and (4) those ex-servicemen and women who have served on active duty in any branch of the armed forces of the United States, during any war, or in any campaign or expedition (for which a campaign badge has been authorized), and have been separated therefrom under honorable conditions. (June 27, 1944, ch. 287, § 2, 58 Stat. 387.)

SHORT TITLE Section 1 of act June 27, 1944, cited to text, provided: "That this Act sections 851-869 of this title] may be cited as the ‘Veterans' Preference Act of 1944'."

SEPARABILITY PROVISIONS Section of act June 27, 1944, cited to text, provided : "If any part of this Act (sections 851-869 of this title] shall be found to be unconstitutional, the rest of it shall be considered as in full force and effect."

§ 852. Examinations; earned ratings; additional credit.—In all examinations to determine the qualifications of applicants for entrance into the services ten points shall be added to the earned ratings of these persons included under section 851 (1), (2), and (3) of this title, and five points shall be added to the earned ratings of those persons included under section 851 (4) of this title: Provided, That in examinations for the positions of guards, elevator operators, messengers, and custodians competition shall be restricted to persons entitled to preference under this chapter as long as persons entitled to preference are available and during the present war and for a period of five years following the termination of the present war as proclaimed by the President or by a concurrent resolution of the Congress for such other positions as may from time to time be determined by the President. (June 27, 1944, ch. 287, § 3, 58, Stat. 388.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 853. Credit for experience. In examinations where experience is an element of qualification, time spent in the military or naval service of the United States shall be credited in a veteran's rating where his or her actual employment in a similar vocation to that for which he or she is examined was interrupted by such military or naval service. In all examinations to determine the qualifications of a veteran applicant, credit shall be given for all valuable experience, including experience gained

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