Page images

Page | ALASKA-Continued.


to represent in court proceedings defend.
sistence allowances, that fact must be

ants who are in the military service.......
established either by medical testimony

in form of affidavits or production of
certified copy of court record showing

Army deserters' status as-while Army de
her incompetence; there must be fur-

serter loses some rights and privileges or
nished affidavits of others having knowl.

dinarily enjoyed by U. S. citizens, he does
edge of mother's affairs showing all in.

not become an alien, within ordinary mearr
formation that would be contained in the

ing of word, solely because of desertion...
mother's affidavit; and affidavit of per-

son or certificate of officer of institution

having care of the inother showing

Payments after ascertainment of ineligi-
amount remitted monthly by officer,

ble employment-if Navy Dept. has
and amount necessary, for her support.. 292

employed Filipinos ineligible for em-
Time for filing-war conditions—where,

ployment because of alien employment
during present war, unusual conditions

restrictions, payment to such persons
prevent Army officers serving overseas

from funds appropriated under the
from submitting each six months affi-

Second Deficiency Appro. Act, 1941,
davits of dependent mothers required

of salary either for actual services per.
by Gen. Reg. 57 in support of claims for

formed or for accrued annual leave is
increased allowances on account of de-

pendent mothers, aflidavits may be sub-

Restriction scope - Filipinos legally in
mitted within two years from date of

armed forces of U. S. on July 3, 1941,
filing the last, but if officer returns to

date of Second Deficiency Appro. Act,
U. S. within two-year period, aslidavit

1941, and subsequently discharged for
should accompany first pay and allow-

reasons other than under terms of act
ance voucher after arrival, or if his moth-

of Aug. 19, 1937, as amended, or other
er's dependency status changes during

similar statute, disqualifying aliens for
period through remarriage, etc., he

military service, are not within the
should immediately notify disbursing

alien employment restrictions of the
officer involved to discontinue pay-

said deficiency appropriation act and,
ments effective from date of cessation of

therefore, may now be employed under


the Navy Dept. and paid from funds

appropriated under that act, provided

the funds are otherwise available..... 2

Interpretation of "in the service of the
Status of cost-plus contractors:

United States"-service in the armed
War Dept. cost-plus-a-fixed-fee contrac-

forces of the U. S. is within the meaning
tors should be regarded as acting

of the phrase "in the service of the United
directly in behalf of Federal Govt, in

States" appearing in alien employment
sending telegrams pertaining to the

restrictions in the various statutes...... $33
contract work, and, therefore, pay.

Service in military, etc., forces. See Aliens,
ment for such telegrams should be

service in military, etc., forces.
made at Govt. rates, whether the cost Service in military, etc., forces-restriction
of the telegrams is paid to contractor

applicability to persons losing U. S. citizen-
by way of reimbursement or whether

ship by desertion-prohibition in Military
it is paid directly to telegraph company

Appro. Act of 1942 against use of funds ap-
in accordance with right reserved in

propriated thereby for payments to "any


person, civil or military, not a citizen of
While amendment of cost-plus-a-fixed-

the United States" does not bar payment
fee contract to designate contractor as

of pay and allowances to native-born or
Government's agent for transmission

naturalized citizens of U. 8. who,
of telegrams would constitute evidence

after losing their U. S. nationality under
of intention of parties and is not objec-

sec. 401, act, Oct. 14, 1940, by reason of con-
tionable, such designation would not

viction of war-time desertion from the
be controlling upon question of agency

Army, have been reenlisted or restored
since such question is for determina-

to duty...
tion largely upon basis of actions of



See, also, allowances by name, such as,

Quarters, quarters allowance; Quarters, rental
Alaska "C" Fund-availability for fees of

allowance; Subsistence Allowance; Trarel
attorneys representing defendants in mili-

tary service-neither the Alaska "C" Fund Admiral's personal money allowance-recall
nor any other appropriated moneys aro

to active duty-naval officer retired with
available for payment of compensation to

rank and pay of rear admiral (upper ball)
attorneys who are appointed pursuant to

while temporarily holding rank of admin
Soldiers and Sailors Civil Relief Act of 1940

during his service as Chief of Naval Opera-



Page | APPOINTMENTS-Continued.

tions and drawing pay of rear admiral Acceptance Continued.
(upper hall) plus a personal money allow-

inductee cannot accept such a commis-
anco as provided by law for rear admirals

sion while still in the Army does not
temporarily serving as admiral or as Chief

invalidate the commission so as to pre-
of Naval Operations, who is subsequently

vent a valid acceptance upon removal of
commissioned an admiral on the retired list

the disqualification by discharge from
under authority of act, June 22, 1938, is not

the Army...

entitled to said personal money allowance Civil Service classified positions from non-
upon recall to active duty.

161 classified positions-initial salary rates-
Enlistment allowance. See Gratuities, en-

while decisions of this office regarding Clas-
Histment allowance.

sification Act of 1923 have held that em-
Regular Army Reserve enlistment and lump-

ployees transferred, etc., from classified or
sum allowance. See Gratuities, enlistment

unclassified positions to classified positions

need not be appointed at minimum salary
Saved pay and allowance matters. See Pay,

rate of grade, employees already in Federal
promotions, temporary, saded pay and

service under appointment made without
allowances; Pay, saved pay and allowance

regard to civil service laws, when acquiring

competitive classified civil service status,

must be appointed, under existing civil

service regulations, at minimum salary
See Leares of Absence, annual.

rate of grade in which position has been

Enforcement-jurisdiction-since G. A. O.

Jurisdiction-eligibility matters in general-
is not directly concerned with enforce-

it is not within jurisdiction or authority of
ment of anti-trust laws, any question aris-

Govt. accounting officers to pass upon
ing with regard thereto primarily would

administrative action relating solely to
be for consideration by Justice Dept.....


eligibility of employees for appointment,
Violations-bidders. See Bidders, combina-

reappointment, or reinstatement.

tions, anti-trust law violations.

Oaths. See Oaths.

Probationary-Status as "limited appoint-

ment"-a probationary appointment is a

limited appointment within meaning of
By conduct:

Sick Leave Regulations denying advance
To constitute acceptance of appointment

of sick leave in excess of that which would
or commission by conduct, there must

accumulate from date of advance to
be an appointment or commission of

termination of a "limited appointment"..

which appointee has knowledge; there Reappointments - jurisdiction - eligibility
must be performance of duty pursuant

matters in general-it is not within Juris-
to proper orders in the capacity in

diction or authority of Govt. accounting
which, or the office to which, ap-

officers to pass upon administrative action
pointed; and payment of emoluments

relating solely to eligibility of employees
may not be made until the oath of

for appointment, reappointment, or rein-
office has been taken...


Where individual to whom commission

Status distinguished from status of position
in Naval Reserve had been issued

to which appointed...

commenced travel to first duty station Temporary:
prior to formal acceptance of the com-

Approval jurisdiction of Civil Service
mission and prior to receipt of travel

Commission--where the employment of
orders, which were in existence and of

personal services is subject to civil
which he had been informally advised

service laws and regulations, appoint-
when he commenced the travel, such

ment of temporary employees is subject
commencement of travel constitutes

to the approval of the Civil Service
an acceptance of the commission by


conduct so as to entitle him, upon exe-

cution of oath of office, to mileage to

Commissioning of Superintendent of
first duty station and to pay and

Army Nurse Corps as Army officer-
allowances from date it was necessary

Superintendent of Army Nurse Corps
to commence travel in order to report

whose pay, additional money allow-
for duty on date specified in his orders.


ance, and "relative rank" are fixed
Disqualification of appointee subsequently

by statute is not entitled to pay and
removed-provision in sec. 4, Naval Re-

allowances of a colonel in Army of
serve Act of 1938, that no officer of Naval

U. S., to which office she was ap-
Reserve shall be a member of any other

pointed, in addition to her appoint-
naval or military organization except the

ment as superintendent of Army
Naval Militia, disqualifes an Army in.

Nurse Corps, under color of authority
ductee from accepting a commission in

in act, Sept. 22, 1941, to make tempo-
the Naval Reserve, but the fact that an

rary appointments as officers in


Page | APPROPRIATIONS-Continued.



Bonuses for contractors' employees-Con
of U. S. "from among qualified per.

gram"-payment to be made at such

intervals and in such amounts as Sec.
General scope of authority under act,

of Navy shall determine-would result
Sept. 22, 1941-act of Sept. 22, 1911,

in unenforcible contract not binding
makes no provision for promotion of

on either party and is therefore un-
officers or other persons already in

authorized in absence of specific stat-
military service, but is authority oply

utory authority for payment of such
for temporary appointments of officers

in Army of U. S. from among qualified

Navy appropriations for "Replacement
person8—that is, persons otherwise

of Naval Vessels” are not available for
eligible to appointment as officers in

payment of bonuses, for meritorious
arned forces--without appointing

services, to contractors' employees en-
then to any particular component of

gaged on Navy Dept. shipbuilding
said Army, such as Regular Army,

contracts, whether payment be direct-
Nat'l Guard, or Officers' Reserve

ly to employees or indirectly, through


contractors, under unenforcible modi-
Or permanent:

fication of contracts.....

Administrative authority:

Compensation appropriation v. traveling
Appropriation item in fiscal year 1912

expense appropriation-payment of in.
appro. for P. 0. Dept. for clerks at

crease in compensation resulting from
division headquarters of post-oflice

nondeduction for subsistence during
inspectors is available for the em-

temporary absence--where amount of
ployment of temporary, as well as

cash compensation to be paid employees
permanent, employees..

484 from whose salaries deductions are made
In the absence of an express provision

pursuant to sec. 3, act, Mar. 5, 1923, for
to the contrary, a lump-sum appro-

value of Govt. subsistence furnished in
priation for personal services is

kind is increased by value of meals not
available for both permanent and

furnished when employees are absent
temporary employees...


from headquarters on official business,
Whether employees are to be engaged

such increase is not item of subsistence
on a permanent or temporary basis

payable from traveling expense appro-
is generally an administrative mat-

priation but is part of cash compensation

484 payable from appropriation for salaries.. 616
Women as commissioned officers of Army-

Dues, membership. See Fecs, membership.
propriety of-authority in act, Sept. 22,

Expenses incidental to specific purpose-
1941, to make temporary appointments as

express authority granted Office of Co-
officers in Army of U. S. "from among

ordinator of Inter-American Aflairs by
qualified persons" refers to and contem-

act of Dec. 17, 1941, to create corporations
plates men exclusively, and may not be

for carrying out its program includes
regarded as authority for commissioning

authority, within available appropria-
women as officers in Army of U.S

tions, to employ such means and to make

such expenditures as may be necessary

to accomplish that end

Matters for which specific index headings
Classification of obligations according to

have been established. See the specific
objects--- Treas. Reg. 1, June 28, 1941.... 1162

index headings.
Substitution of term “obligations" for

Periodicals. See Books, Periodicals and
term "encunibrances”-Bull. I, amend-

Newspapers, periodicals.
ed, July 10, 1941.

1162 Personal furnishings. See Personal Fur.
Authorized or made--status of housing rent.

nishings, appropriation availability.
als authorized to be used for housing

Prior to appropriation or period for which
management, etc.-authorization in sec.

made. See Appropriations, obligation.
201, act of Sept. 9, 1940, to use rentals from

Balances-transfers. See Appropriations,
certain defense housing projects for man.

agement, maintenance, etc., of housing

Coast Guard--applicability of Navy appro-
units constitutes such rentals appropriated

priation provisions-civilian clothing on


discharge-although Coast Guard at pres-

ent is operating as part of Navy, appros.
Bonuses for contractors' employees:

in act of Feb. 7, 1942, for Coast Guard are
Modification of Navy Dept. shipbuild-

separate from appros. in same act for the
ing contract to provide for payment of

naval service, so that provision of said act
bonus to contractor for distribution to

increasing value of civilian clothing author.
its employees "for the meritorious

ized by sec. 125, act of June 3, 1916, as
expediting of the shipbuilding pro-

amended, to be furnished Navy enlisted



mnen upon discharge otherwise than honor-

Fiscal year-Continued.
ably does not operate to increase value of

if there be separate transportation con-
civilian clothing that may be furnished

tracts, should contain suitable protective
Coast Guard enlisted men under said

provisions regarding these matters of
section when similarly discharged..

time of delivery and payment..

Emergency Fund for the President-availa-

Indefinite amounts:
bility for storage of effects of employees of

Applicability of lapsed appropriation dis-
decentralized Agencies-funds allocated

position requirements-provision of act,
from appropriation "Emergency Fund for

June 20, 1874, as amended, requiring all
the President" made by Independent

unexpended balances of appropriations
Offices Appropriation Act, 1942, for trans-

which shall have remained on books of
fer of household goods and personal effects

Treasury for two fiscal years to be car-
of "decentralized" employees “as pro-

ried to surplus fund of the Treasury, is
vided by the act of October 10, 1940, and

applicable to an indefinite appropriation,
regulations promulgated thereunder" are

that is, an appropriation made for a
not available for expense of temporarily

particular fiscal year but indefinite as to
storing such goods and effects in transit,

amount, and therefore, a claim may not
in absence of specific provisions therefor in

be paid under such a lapsed appropria-
the allocation letter, in the said act of Oct.

tion but is for reporting to Congress for
10, 1940, or in the regulations


an appropriation for its payment as a
Emergency Relief Act of 1942--availability

certified claim

for education of Selective Service regis-

Definition of-appropriation act appropri-
trants-funds provided by Emergency

ating “so much as may be necessary'' is
Relief Appropriation Act, 1942, may be

an "indefinite appropriation" as defined
used for prosecution on Federal basis of

in 13 Op. Atty. Gen. 288, 292, it being
project for educating Selective Service

stated therein such appropriations are
System registrants to standard which con-

those "in which no amount is named.".

forms with minimum educational require.

Expenditure procedure-discussion of pro-
ments for induction into armed forces of

cedure with respect to authorized ex-
U. S., but Selective Service System, as

penditures chargeable to appropriation
sponsor of project, may not use moneys

which is indefinite as to amount..

appropriated for its operation and main.

tenance to obtain any materials to be used

Claims. See Claims, lapsed appropriations.
in connection therewith


Transfer to surplus fund. See Appropria-
Fiscal year:

tions, transfers, to surplus sund.
Availability beyond:

Lease-lend-status for land-grant deduction
Filling need of subsequent year


purposes--transportation of a member of
Letter of intent to contract followed by

the U.S. military forces traveling on duty
formal contract in next fiscal year--a

in connection with the promotion of the
Govt. "letter of intent to contract"

national defense pursuant to the Act to
which reserved the option either to

Promote the Defense of the United States,
order certain articles, or to reimburse

approved March 11, 1941, the cost of which
the company for costs incurred if the

transportatior is payable from the appro-
order was withheld, obligated the

priation made by the Defense Aid Supple.
Govt., at the time of its acceptance

mental Appro. Act, 1941, is transportation
by the contractor, for reimbursement

of “troops of the United States" within the
of such costs, and, as the agreement

meaning of the land-grant statutes, and,
contemplated immediate action by

therefore, the cost of such transportation
the company, the fiscal year appro.

is for computation on the basis of appro-
which became so obligated is availa.

priate deduction for land grant..

ble for the price of such articles even

Limitations-statutory purchase restric-
though the formal contract for their

tions in general-general effect of War
manufacture was not executed until

Powers legislation, etc.---neither sec. 201 of
the following fiscal year and the ex-

Title II, First War Powers Act, 1941, em-
act amount of the Govt.'s liability

powering President to authorize certain
was not known until that time.


Govt. agencies and depts. to disregard, in
Availability for prior period-deliveries

exercise of wartime functions, statutory re-
in prior fiscal year-while contracts

strictions relating to progress payments
may be made for coal for ensuing fiscal

and to making, performance, modifica-
year after funds have been appropriated

tions, etc., of contracts, nor E. O. 9001, is-
therefor, and deliveries may be made

sued pursuant thereto, authorizes non-ob-
prior to that fiscal year, payment may

servance of statutory purchase restrictions
not be made for such deliveries until

on certain supplies and equipment

after beginning of fiscal year for which

Lump-sum-temporary or permanent ap-
appro. is made, and, therefore, both the

pointment discretion--in the absence of an
purchase and transportation contracts,

express provision to the contrary, a lump-

Page | APPROPRIATIONS-Continued.

sum appropriation for personal services is

ity granted Office of Coordinator of Inter-
available for both permanent and tempo-

American Affairs by act of Dec. 17, 1941,
rary employees.....

484 to create corporations for carrying out its
More than two fiscal years old-transfers to

program includes authority, within avail.
surplus fund. See Appropriations, trans-

able appropriations, to employ such means
fers, to surplus fund.

and to make such expenditures as may be
Navy Department—"Replacement of Naval

necessary to accomplish that end, and.
Vessels"-availability for bonuses to con-

therefore, payment is authorized of organi.
tractors' employees—Navy appropriations

zational expenses incident to incorporation,
for "Replacement of Naval Vessels” are

including expense of services of resident
not available for payment of bonuses, for

agents where required..
meritorious services, to contractors' em-

"Permanent specific appropriation" de-
ployees engaged on Navy Dept. shipbuild-

ing contracts, whether payment be directly

Selective Service System:
to employees or indirectly, through con-

Education of registrants:
tractors, under unenforcible modification

Funds provided by Emergency Relief
of contracts....


Appropriation Act, 1942, may be used

for prosecution on Federal basis of
Classification of obligations according to

project for educating Selective Service
objects—Treas. Reg. 1, June 28, 1941..... 1162

System registrants to standard which
Fiscal year chargeable. See Appropria-

conforms with minimum educational
tions, fiscal year.

requirements for induction into armed
Letter of intent to contract-A Govt. "let-

forces of U. 8., but Selective Service
ter of intent to contract" which reserved

System, as sponsor of project, may not
the option either to order certain articles,

use moneys appropriated for its opera-
or to reimburse the company for costs

tion and maintenance to obtain any
incurred if the order was withheld, did

materials to be used in connection
pot operate as an obligation against ap-


propriated moneys until its acceptance

Funds provided for operation and main-
by the contractor.


tenance of Selective Service System
Prior to appropriation made-contract-

are not available for educating regis-
ing limitations-while contracts may be

trants so that they may meet educa-
made for coal for ensuing fiscal year con-

tional requirements for induction into
tingent upon enactment of fiscal year ap-

armed forces of U. 8..
pro. providing funds therefor, deliveries Status as creating debt in favor of agency
under such contracts may be accepted

concerned-appropriation by Congress of
prior to that fiscal year only if made after

public money to pay expenses and obliga-
funds have been appropriated, and, inas.

tions of Govt. agency does not create debt
much as payment may not be made for

in favor of such agency, nor does it give
such deliveries until after beginning of

such agency legal claim against U. S. far
fiscal year for which the appro. is made,

amount so appropriated......
both the purchase and transportation

contracts, if there be separate transporta-

Between departments and establishments:
tion contracts, should contain suitable

See, also, related heading: Departments
protective provisions regarding these

and Establishments, services between.
matters of time of delivery and payment. 864 Limitations:
Prior to period for which made-permissi-

Open-market purchases--purchases
bility-while contracts may be made for

from working funds advanced to
coal for ensuing fiscal year after funds

Coast and Geodetic Survey, Com.
have been appropriated therefor, and

merce Dept., by Army Air Corps,
deliveries may be made prior to that fis-

pursuant to sec. 601, act of June 30,
cal year, payment may not be made for

1932, for carrying on a project for the
such deliveries until after beginning of

Air Corps are subject to the excep-
fiscal year for which appro. is made, and,

tion to the advertising-for-bids re-
therefore, both the purchase and trans-

quirement of sec. 3709, R. S., con-
portation contracts, if there be separate

tained in the act of June 12, 1905.
transportation contracts, should contain

applicable to the Air Corps, rather
suitable protective provisions regarding

than to the exception contained in
these matters of time of delivery and

the act of Oct. 10, 1940, applicable to

the Commerce Dept.....

Substitution of term "obligations" for

Personal services:
term "encumbrances"-Bull. 1, amend-

Where the Bureau of the Census is
ed, July 10, 1941..


peculiarly equipped to perform for
Office of Coordinator of Inter-American

another agency statistical work for
Affairs-expenses incident to creation of

which the funds of the latter agency
Government corporations express author-

would be available if the work

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