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§ 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 recovered 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of law as specially fix or now permit rates higher than the maximum rates established in said sections, are hereby repealed or modified only to the extent of such inconsistency or conflict.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210, 47 Stat. 406, amending sections 823, 827, adding section 823a, and repealing sections 824-826, all of this title, repealed all acts inconsistent therewith.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 21 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 in religious, civic, welfare, service, and organizational activities, regardless of whether any compensation was received therefor. (June 27, 1944, ch. 287, § 4, 58 Stat. 388.).

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

$ 854. Waiver of physical and educational qualifications.—In determining qualifications for examination, appointment, promotion, retention, transfer, or reinstatement, with respect to preference eligibles, the Civil Service Commission or other examining agency shall waive requirements as to age, height, and weight, provided any such requirement is not essential to the performance of the duties of the position for which examination is given. The Civil Service Commission or other examining agency, after giving due consideration to the recommendation of any accredited physician, shall waive the physical requirements in the case of any veteran, provided such veteran is, in the opinion of the Civil Service Commission, or other examining agency physically able to discharge efficiently the duties of the position for which the examination is given. No minimum educational requirement will be prescribed in any civil-service examination except for such scientific, technical, or professional positions the duties of which the Civil Service Commission decides cannot be performed by a person who does not have such education. The Commission shall make a part of its public records its reasons for such decision. (June 27, 1944, ch, 287, $ 5,58 Stat. 388.)

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

§ 855. Exemption from certain restrictive laws.-Preference eligibles shall not be subect to the provisions of section 641 of this title concerning two or more members of a family in the service, or to the provisions of section 633 of this title concerning apportionment of appointments in the Government departments in the District of Columbia among the several States and Territories according to population, but may be required to furnish evidence of residence and domicile. (June 27, 1944, ch. 287( $ 6, 58 Stat. 389.)

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

§ 856. Register or lists of eligibles; entry rank. The names of preference eligibles shall be entered on the appropriate registers or lists of eligibles in accordance with their respective augmented ratings, and the name of a preference eligible shall be entered ahead of all others having the same rating: Provided, That, except for positions in the professional and scientific services for which the entrance salary is over $3,000 per annum, the names of all qualified preference eligibles, entitled to ten points in addition to their earned ratings shall be placed at the top of the appropriate civil-service register or employment list, in accordance with their respective augmented ratings. (June 27, 1944, ch. 287, § 7, 58 Stat. 389.)

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

$ 857. Certification of eligibles; selection from available names; exceptions; promotion of substitutes in postal service. When, in accordance with civil-service laws and rules, a nominating or appointing officer shall request certification of eligibles for appointment purposes, the Civil Service Commission shall certify, from the top of the appropriate register of eligibles, a number of names sufficient to permit the nominating or appointment officer to consider at least three names in connection with each vacancy The nominating or appointing officer shall make selection for each vacancy from not more than the highest three names available for appointment on such certification, unless objection shall be made, and sustained by the Commission, to one or more of the persons certified, for any proper and adequate reason, as may be prescribed in the rules promulgated by the Civil Service Commission: Provided, That an appointing officer who passes over a veteran eligible and selects a nonveteran shall file with the Civil Service Commission his reasons in writing for so doing, which shall become a part of the record of such veteran eligible, and shall be made available upon request to the veteran or his designated representative; the Civil Service Commission is directed to determine the sufficiency or such submitted reasons and, if found insufficient, shall require such appointment officer to submit more detailed information in support thereof; the findings of the Civil Service Commission as to the sufficiency or insufficiency of such reasons shall be transmitted to and considered by such appointing officer, and a copy thereof shall be sent to the veteran eligible or to his designated representative upon request therefor: Provided, further, That if, upon certification, reasons deemed sufficient by the Civil Service Commission for passing over his name shall three times have been given by an appointing officer, certification of his name for appointment may thereafter be discontinued, prior notice of which shall be sent to the veteran eligible. Whenever in the Postal Service two or more substitutes are appointed on the same day, they shall be promoted to the regular force in the order in which their names appeared on the civil-service register from which they were originally appointed. whenever there are substitutes of the required sex who are eligible and will accept, unless such vacancies are filled by transfer or reinstatement. (June 27, 1944, ch. 287, § 8, 58 Stat. 389.)

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

8 858. Unclassified civil service; selection from qualified applicants.-In the unclassified Federal, and District of Columbia, civil service, and in all other positions and employment hereinbefore referred to in (c) of section 851 of this title, the nominating or appointing officer or employing official shall make selection from the qualified applicants in accordance with the provisions of this chapter. (June 27, 1944, ch. 287, 89, 58 Stat. 389.)

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

$ 859. Periodic examinations by Civil Service Commission.The Civil Service Commission is authorized and directed to hold an examination, during the next succeeding quarterly period, for any position to which any appointment has been made within the preceding three years, for any person included under section 851 (1), (2), and (3) of this title upon application for examination for any such position. (June 27, 1944, ch. 287, S 10, 58 Stat. 390.)

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

§ 860. Rules and regulations by Civil Service Commission.The Civil Service Commission is hereby authorized to promulgate appropriate rules and regulations for the administration and enforcement of the provisions of this chapter. (June 27, 1944, ch. 287, § 11, 58 Stat. 390.)

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

§ 861. Reduction in personnel; considerations affecting release. -In any reduction in personnel in any civilian service of any Federal agency, competing employees shall be released in accordance with Civil Service Commission regulations which shall give due effect to tenure of employment, military preference, length of service, and efficiency ratings: Provided, That the length of time spent in active service in the armed forces of the United States of each such employee shall be credited in computing length of total service: Provided further, That preference employees whose efficiency ratings are “good” or better shall be retained in preference to all other competing employees and that preference employees whose efficiency ratings are below "good" shall be retained in preference to competing nonpreference employees who have equal or lower efficiency ratings: And provided further, That when any or all of the functions of any agency are transferred to, or when any agency is replaced by, some other agency, or agencies, all preference employees in the function or functions transferred or in the agency which is replaced by some other agency shall first be transferred to the replacing agency, or agencies, for employment in positions for which they are qualified, before such agency, or agencies, shall appoint additional employees from any other source for such positions. (June 27, 1944, ch. 287, § 12, 58 Stat. 390.)

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

§ 862. Recertification and reappoinment of resigned, dismissed, or furloughed employees.-Any preference eligible who has resigned or who has been dismissed or furloughed may, at the request of any appointing officer, be certified for, and appointed to, any position for which he may be eligible in the civil service, Federal, or District of Columbia, or in any estab

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