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$ 18. Same; definitions.--As used in sections 13-17 of this title
(a) The term “person” shall have the meaning assigned to it in section 3797 of Title 26.
(b) The term “sales or use tax” means any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property, except a tax with respect to which the provisons of section 12 of this title are applicable.
(c) The term “income tax” means any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts.
(d) The term "State" includes any Territory or possession of the United States.
(e) The term "Federal area" means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State shall be deemed to be a Federal area located within such State. (Oct. 9, 1940, ch. 787, § 6, 54 Stat. 1060.)
TITLE 5-EXECUTIVE DEPARTMENTS AND GOVERNMENT
OFFICERS AND EMPLOYEES
PROVISIONS APPLICABLE TO DEPARTMENTS AND
OFFICERS GENERALLY § 3. Salaries of heads of executive departments. The compensation of the heads of executive departments who are members of the President's Cabinet shall be at the rate of $15,000 per annum each. (R. S. § 160; Feb. 26, 1907, ch. 1635, § 4, 34 State. 993; Mar. 4, 1925, ch. 549, $4, 43 Stat. 1301.)
DERIVATION Act Mar. 3, 1873, ch. 226, § 1, 17 Stat. 486.
§ 4. Vacancies in office of department heads; temporarily filling. -In case of the death, resignation, absence, or sickness of the head of any department, the first or sole assistant thereof shall, unless otherwise directed by the President, as provided by section 6 of this title, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease. (R. S. § 177.)
DERIVATION Act July 23, 1868, ch. 227, § 1, 15 Stat. 168.
§ 5. Vacancies in subordinate offices. In case of the death, resignation, absence, or sickness of the chief of any bureau, or of any officer thereof, whose appointment is not vested in the head of the department, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such bureau, shall, unless otherwise directed by the President, as provided by section 6 of this title, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease. (R. S. § 178.)
DERIVATION Act July 23, 1868, ch. 227, § 2, 15 Stat. 168.
§ 6. Discretionary authority of President as to vacancies. In any of the cases mentioned in sections 4 and 5 of this title except the death, resignation, absence, or sickness of the Attorney General, the President may, in his discretion, authorize and direct the head of any other department or any other officer in either department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease. (R. S. $ 179.)
DERIVATION Act July 23, 1868, ch. 227, § 3, 15 Stat. 168; act June 22, 1870, ch. 150, § 2, 16 Stat. 162.
8 7. Temporary appointments to vacancies limited.—A vacancy occasioned by death or resignation must not be temporarily filled under the provisions of sections 4, 5, and 6 of this title for a longer period than thirty days. (R. S. § 180; Feb. 6, 1891, ch. 113, 26 Stat. 733.)
DERIVATION Act July 23, 1868, ch. 227, § 3, 15 Stat. 168.
8 8. Restrictions on manner of temporary appointments to fill vacancies.—No temporary appointment, designation, or assignment of one officer to perform the duties of another, in the cases covered by sections 4 and 5 of this title, shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate. (R. S. § 181.)
DERIVATION Act July 23, 1868, ch. 227, § 2, 15 Stat. 168.
8 9. Extra compensation for duties performed while filling vacancies.-An officer performing the duties of another office, during a vacancy, as authorized by sections 4, 5, and 6 of this title, is not by reason thereof entitled to any other compensation than that attached to his proper office. (R. S. § 182.)
DERIVATION Act July 23, 1868, ch. 227, § 3, 15 Stat. 168.
§ 11. Same; officers under Secretaries of departments.—The commissions of all officers under the direction and control of the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Postmaster General, the Secretary of Commerce, and the Secretary of Agriculture shall be made out and recorded in the respective departments under which they are to serve, and the department se' affixed
thereto, any laws to the contrary notwithstanding : Provided, That the said seal shall not be affixed to any such cominission before the same shall have been signed by the President of the United States. (Mar. 3, 1875, ch. 131, § 14, 18 Stat. 420; Mar. 28, 1896, ch. 73, 29 Stat. 75; Mar. 3, 1905, ch. 1422, 33 Stat. 990; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736.)
$ 16. Oath of office.-The oath to be taken by any person elected or appointed to any office of honor or profit either in the civil, military, or naval service, except the President of the United States shall be as follows: "I, A B, 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 shall not affect the oaths prescribed on May 13, 1884, in relation to the performance of duties in special or particular subordinate offices and employments. (R. S. $ 1757; May 13, 1884, ch. 46, SS 2, 3, 23 Stat. 22.)
DERIVATION Act July 11, 1868, ch. 139, 15 Stat. 85; act Feb. 15, 1871, ch. 53, 16 Stat. 412.
CODIFICATION Quoted oath was from R. S. § 1757, while remainder of section was from act May 13, 1884, cited to text.
CROSS REFERENCE Renewal of oath of office not to be required so long as services of employees are continuous unless, in opinion of department head, the public interest requires it, see sections 17, 17b of this title.
§ 16a. Administration of oaths by officers or employees of the executive departments or independent establishments.—Hereafter any officer or employee of any of the executive departments or independent establishments, including any agency the majority of the stock of which is owned by the Government of the United States, designated in writing by the head thereof for such purpose, is hereby authorized to administer the oath required by section 16 of this title, incident to entrance into the executive branch of the Federal Government, or any other oath required by law in connection with employment therein, such oath to be administered without charge or fee and to have the same force and effect as oaths administered by officers having seals. (June 26, 1943, ch. 145, title II, $ 206, 57 Stat. 196.)
§ 17. Same; renewal by Department of Agriculture employees.Employees of the Department of Agriculture who, upon original appointment, have subscribed to the oath of office required by section 16 of this title shall not be required to renew the said oath because of any change in status so long as their services are continuous, unless, in the opinion of the Secretary of Agriculture the public interests require such renewal. (Jan. 31, 1925, ch. 124, § 3, 43 Stat. 803.)
§ 17b. Same; renewals by employees of executive departments, independent establishments, and District of Columbia.—Civilian employees of the executive departments and independent establishments of the United States and employees of the District of
Columbia who, upon original appointment, have subscribed to the oath of office required by section 16 of this title, shall not be required to renew the said oath because of any change in status so long as their services are continuous in the department or independent establishment in which employed or in the government of the District of Columbia, unless in the opinion of the head of the department or independent establishment or the Commissioners of the District of Columbia the public interests require such renewal. (As amended Nov. 22, 1943, ch. 303, 57 Stat. 591.)
§ 18. Same; who may administer.—The oath of office required by section 16 of this title may be taken before any officer who is authorized either by the laws of the United States or by the local municipal law, to administer oaths, in the State, Territory, or District where such oath may be administered. (R. S. § 1758.)
DERIVATION Act Aug. 6, 1861, ch. 64, § 2, 12 Stat. 326.
§ 19. Same; chief clerks of departments to administer without compensation.—The chief clerks of the several executive departments and of the various bureaus and offices thereof in Washington, District of Columbia, are authorized and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. (Aug. 29, 1890, ch. 820, $ 1,26 Stat. 371.)
§ 20. Same; to employees administered without compensation.No officer, clerk, or employee of any executive department who is also a notary public or other officer authorized to administer oaths, shall charge or receive any fee or compensation for administering oaths of office to employees of such department required to be taken on appointment or promotion therein. (Aug. 29, 1890, ch. 820, § 1, 26 Stat. 371.)
§ 21. Same; custody of.--The oath of office taken by any person pursuant to the requirements of section 16 of this title, shall be delivered in by him to be preserved among the files of the House of Congress, department, or court to which the office in respect to which the oath is made may appertain. (R. S. § 1759.)
DERIVATION Act July 2, 1862, ch. 128, 12 Stat. 502.
$ 214. Affidavit by appointed officers; no consideration paid for appointment.--Each individual appointed after Dec. 11, 1926, as a civil officer of the United States by the President, by and with the advice and consent of the Senate, or by the President alone, or by a court of law, or by the head of a department, shall, within thirty days after the effective date of his appointment, file with the Comptroller General of the United States an affidavit stating that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing such appointment. (Dec. 11, 1926, ch. 4, § 1, 44 Stat. 918; Mar. 2, 1927, ch. 284, 44 Stat. 1346.)
8 21b. Same; failure to make affidavit; penalty.—No salary shall be paid to any individual required under section 21a of this
title to file an affidavit until such affidavit has been filed. (Dec. 11, 1926, ch. 4, § 2, 44 Stat. 919.)
§ 22. Departmental regulations. The head of each department is authorized to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it. (R. S. § 161.)
DERIVATION Act July 27, 1789, ch. 4, 1 Stat. 28; act Aug. 7, 1789, ch. 7, 1 Stat. 49; act Sept. 2, 1789, ch. 12, 1. Stat. 65; act Sept. 15, 1789, ch. 14, 1 Stat. 68; act Apr. 30, 1798, ch. 35, 1 Stat. 553; act Mar. 3, 1849, ch. 108, 9 Stat. 395; act June 22, 1876, ch. 150, $ 8, 16 Stat. 163; act June 8, 1872, ch. 335, 17 Stat. 283.
§ 23. Supervision of subordinate clerks.—Each chief clerk in the several departments, and bureaus, and other offices connected with the departments, shall supervise, under the direction of his immediate superior, the duties of the other clerks therein, and see that they are faithfully performed. (R. S. & 173.)
DERIVATION Act Aug. 26, 1842, ch. 202, § 13, 5 Stat. 525.
$24. Distribution of duties.--Each chief clerk shall take care, from time to time, that the duties of the other clerks are distributed with equality and uniformity, according to the nature of the case. He shall revise such distribution from time to time, for the purpose of correcting any tendency to undue accummulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business. He shall report monthly to his superior officer any existing defect that he may be aware of in the arrangement or dispatch of business. (R. S. § 174.)
DERIVATION Act Aug. 26, 1842, ch. 202, $ 13, 5 Stat. 525.
§ 25. Duty of chief on receipt of report. Each head of a department, chief of a bureau, or other superior officer, shall, upon receiving each monthly report of his chief clerk, rendered pursuant to the preceding section, examine the facts stated therein, and take such measures, in the exercise of the powers conferred upon him by law, as may be necessary and proper to amend any existing defects in the arrangement or dispatch of business disclosed by such report. (R. S. § 175.)
§ 26a. Saturday half holidays.—On and after March 3, 1931, four hours, exclusive of time for luncheon, shall constitute a day's work on Saturdays throughout the year, with pay or earnings for the day the same as on other days when full time is worked, for all civil employees of the Federal Government and the District of Columbia, exclusive of employees of the Postal Service, employees