(c) The reduction in retired or retirement pay required by subsection (b) of this section does not apply to a retired officer of a regular component of a uniformed service (1) whose retirement was based on disability (A) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections. 101 and 301 of title 38; or (2) employed on a temporary (full-time or part-time) basis, any other part-time basis, or an intermittent basis, for the first 30-day period for which he receives pay. The exemption from reduction in retired or retirement pay under paragraph (2) of this subsection does not apply longer than (i) the first 30-day period for which he receives pay under one appointment from the position in which he is employed, if he is serving under not more than one appointment; and (ii) the first period for which he receives pay under more than one appointment, in a fiscal year, which consists in the aggregate of 30 days, from all positions in which he is employed, if he is serving under more than one appointment in that fiscal year. (d) Except as otherwise provided by this subsection, the Civil Service Commission, subject to the supervision and control of the President, may prescribe regulations under which exceptions may be made to the restrictions in subsection (b) of this section when appropriate authority determines that the exceptions are warranted because of special or emergency employment needs which otherwise cannot be readily met. The President of the Senate with respect to the United States Senate, the Speaker of the House of Representatives with respect to the United States House of Representatives, and the Architect of the Capitol with respect to the Office of the Architect of the Capitol each may provide for a means by which exceptions may be made to the restrictions in subsection (b) of this section when he determines that the exceptions are warranted because of special or emergency employment needs which otherwise cannot be readily met. The Administrator of the National Aeronautics and Space Administration may except, at any time, an individual appointed to a scientific engineering, or administrative position under section 2473 (b) (2) (A) of title 42 from the restrictions in subsection (b) of this section when he determines that the exception is warranted because of special or emergency employment needs which otherwise cannot be readily met, but not more than 30 exceptions may exist at any one time under this authority. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 482.) Recommendation: The Civil Service Commission comments: 5 U.S.C. 5532(d)—This provision, relating to military retired pay, refers to "emergency employment needs" and is not a "national emergency" authority. Therefore, it should not be included on the list for consideration by the Special Committee. It would not be affected by the termination of the current national emergency. (See attached comment.) Purpose of Provision Under subsection (b) of section 5532, most retired officers of regular components of the uniformed services will have their military retired pay reduced if they are employed in a Federal civilian position. However, under subsection (d) exceptions to this reduction in retired pay are permitted when "appropriate authority determines that the exceptions are warranted because of special or emergency employment needs which otherwise cannot be readily met." This provision was included to make it possible to recruit any retired military officer who possesses scarce skills needed for Government programs. Comment Since the term "emergency employment needs" refers to recruiting needs rather than national emergency needs, it appears inappropriate to include 5 U.S.C. 5532 in the list of statutes conferring "extraordinary authority in time of national emergency." The authority in 5 U.S.C. 5532 does not depend upon a state of national emergency. Therefore, it would not be affected by the termination of the national emergency proclaimed on December 16, 1950, (Proclamation No. 2914). The Department of Commerce concurs in this assessment. NASA makes the following comments: "5 U.S.C. 5532(d)-This provision authorizes the Administrator of NASA when he determines that "special or emergency employment needs which otherwise cannot be readily met" require it, to exempt 30 retired officers of a regular component of the uniformed services from a reduction in retirement pay while employed in certain NASA positions. We believe that NASA should retain this authority for use in emergencies, including national emergencies, and when special employment needs require it." 5 U.S.C. 5564. TRAVEL AND TRANSPORTATION; DEPENDENTS; HOUSEHOLD AND PERSONAL EFFECTS; MOTOR VEHICLES; SALE OF BULKY ITEMS; CLAIMS FOR PROCEEDS; APPROPRIATION CHARGEABLE (a) For the purpose of this section, "household and personal effects" and "household effects" may include, in addition to other authorized weight allowances, one privately owned motor vehicle which may be shipped at United States expense. (b) Transportation (including packing, crating, draying, temporarily storing, and unpacking of household and personal effects) may be provided for the dependents and household and personal effects of an employee in active service (without regard to pay grade) who is officially reported as dead, injured, or absent for more than 29 days in a status listed in section 5561 (5) (A)–(E) of this title to(1) the official residence of record for the employee; (2) the residence of his dependent, next of kin, or other person entitled to the effects under regulations prescribed by the head of the agency concerned; or (3) another location determined in advance or later approved by the head of the agency concerned or his designee on request of the employee (if injured) or his dependent, next of kin, or other person described in paragraph (2) of this subsection. (c) When an employee described in subsection (b) of this section. is in an injured status, transportation of dependents and household. and personal effects may be provided under this section only when prolonged hospitalization or treatment is anticipated. (d) Transportation on request of a dependent may be authorized under this section only when there is a reasonable relationship between the circumstances of the dependent and the destination requested. (e) Instead of providing transportation for dependents under this section, when the travel has been completed the head of the agency concerned may authorize (1) reimbursement for the commercial cost of the transportation; or (2) a monetary allowance, instead of transportation, as authorized by statute for the whole or that part of the travel for which transportation in kind was not furnished. (f) The head of the agency concerned may store the household and personal effects of an employee described in subsection (b) of this section until proper disposition can be made. The cost of the storage and transportation (including packing, crating, draying, temporarily storing, and unpacking) of household and personal effects shall be charged against appropriations currently available. (g) When the head of the agency concerned determines that an emergency exists and that a sale would be in the best interests of the United States, he may provide for the public or private sale of motor vehicles and other bulky items of the household and personal effects of an employee described in subsection (b) of this section. Before a sale, and if practicable, a reasonable effort shall be made to determine the desires of interested persons. The net proceeds from the sale shall be sent to the owner or other person entitled thereto under regulations prescribed by the head of the agency concerned. If there is no owner or other person entitled thereto, or if the owner or other person or their addresses are not ascertained within 1 year from the date of sale, the net proceeds may be covered into the Treasury of the United States as miscellaneous receipts. (h) A claim for net proceeds covered into the Treasury under subsection (g) of this section may be filed with the General Accounting Office by the owner, his heir or next of kin, or his legal representative at any time before the end of 5 years from the date the proceeds are covered into the Treasury. When a claim is filed, the General Accounting Office shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of 5 years from the date the proceeds are covered into the Treasury, it is barred from being acted on by the General Accounting Office or the courts. (i) This section does not amend or repeal (1) section 2575, 2733, 4712, 4713, 6522, 9712, or 9713 of title 10; (2) section 507 of title 14; or (3) chapter 171 of title 28. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 491; Pub. L. 90–83; § (3), Sept. 11, 1967, 81 Stat. 201.) Recommendation: The Department of Commerce recommends retention of this statute in its present form for use during future emergencies. The Civil Service declined to comment, noting that this particular statute is not within its jurisdiction. It should be noted that the "emergency" described in 5 U.Š.C. 5564 is not of a national character, but applies rather to exigencies determined by various agency heads. 5 U.S.C. 8332. CREDITABLE SERVICE (a) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any. (b) The service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes (1) employment as a substitute in the postal field service; (3) subject to section 8334 (c) and 8339 (h) of this title, service performed before July 10, 1960, as an employee of a county committee established under section 590h (b) of title 16 or of a committee or an association of producers described by section 610(b) of title 7; (4) service as a student-employee as defined by section 5351 of this title only if he later becomes subject to this subchapter; (5) a period of satisfactory service of a volunteer or volunteer leader under chapter 34 of title 22 only if he later becomes subject to this subchapter; (6) employment under section 709 of title 32, United States Code or any prior corresponding provision of law; (7) a period of service of a volunteer under part A of title VIII of the Economic Opportunity Act of 1964 only if he later becomes subject to this subchapter; and (8) subject to section 8334(c) and 8339 (h) of this title, service performed on and after February 19, 1929, and prior to the effective date of section 442 of the Legislative Reorganization Act of 1970, as a United States Capitol Guide. The Civil Service Commission shall accept the certification of the Secretary of Agriculture or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (3) of this subsection. The Čivil Service Commission shall accept the certification of the Capitol Guide Board concerning service for the purpose of this subchapter of the type described in paragraph (8) of this subsection and performed by an employee. For the purpose of paragraph (5) of this subsection (A) a volunteer and a volunteer leader are deemed receiving pay during their service at the respective rates of read justment allowances payable under sections 2504(c) and 2505(1) of title 22: and (B) the period of an individual's service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and the termination of that service by the President or by death or resignation. Service referred to in paragraph (6) is allowable only in the case of persons performing service under section 709 of title 32, United States Code, on or after the effective date of the National Guard Technicians Act of 1968. (c) Except as provided by subsection (d) of this section, an employee or Member shall be allowed credit for periods of military service before the date of the separation on which title to annuity is based. However, if an employee or Member is awarded retired pay on account of military service, his military service may not be credited unless the retired pay is awarded (1) on account of a service-connected disability (A) incurred in combat with an enemy of the United States; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by section 301 of title 38; or (2) under chapter 67 of title 10. (d) For the purpose of section 8339 (c) (1) of this title, a Member (1) shall be allowed credit only for periods of military service not exceeding 5 years, plus military service performed by the Member on leaving his office, for the purpose of performing military service, during a war or national emergency proclaimed by the President or declared by Congress and before his final separation from service as Member; and (2) may not receive credit for military service for which credit is allowed for purpose of retired pay under other statute. (e) This subchapter does not affect the right of an employee or Member to retired pay, pension, or compensation in addition to an annuity payable under this subchapter. (f) Credit shall be allowed for leaves of absence without pay granted an employee while performing military service or while receiving benefits under subchapter I of chapter 81 of this title. An employee or former employee who returns to duty after a period of separation is deemed, for the purpose of this subsection, to have been in a leave of absence without pay for that part of the period in which he was receiving benefits under subchapter I of chapter 81 of this title or any earlier statute on which such subchapter is based. Except for a substitute in the postal field service, credit may not be allowed for so much of other leaves of absence without pay as exceeds 6 months in the aggregate in a calendar year. (g) An employee who during the period of a war, or of a national emergency as proclaimed by the President or declared by Congress, leaves his position to enter the military service is deemed, for the pur |