AFFIDAVITS-Continued. Dependency-Continued.
sistence allowances, that fact must be established either by medical testimony in form of affidavits or production of certified copy of court record showing her incompetence; there must be fur- nished affidavits of others having knowl- edge of mother's affairs showing all in- formation that would be contained in the mother's affidavit; and affidavit of per- son or certificate of officer of institution having care of the mother showing amount remitted monthly by officer, and amount necessary, for her support.. Time for filing-war conditions-where, during present war, unusual conditions prevent Army officers serving overseas from submitting each six months affi- davits of dependent mothers required by Gen. Reg. 57 in support of claims for increased allowances on account of de- pendent mothers, aflidavits may be sub- mitted within two years from date of filing the last, but if officer returns to U. S. within two-year period, affidavit should accompany first pay and allow- ance voucher after arrival, or if his moth- er's dependency status changes during period through remarriage, etc., he should immediately notify disbursing officer involved to discontinue pay- ments effective from date of cessation of dependency..-------
Status of cost-plus contractors:
War Dept. cost-plus-a-fixed-fee contrac- tors should be regarded as acting directly in behalf of Federal Govt. in sending telegrams pertaining to the contract work, and, therefore, pay- ment for such telegrams should be made at Govt. rates, whether the cost of the telegramз is paid to contractor by way of reimbursement or whether it is paid directly to telegraph company in accordance with right reserved in contract.. While amendment of cost-plus-a-fixed- fee contract to designate contractor as Government's agent for transmission of telegrams would constitute evidence of intention of parties and is not objec- tionable, such designation would not be controlling upon question of agency since such question is for determina- tion largely upon basis of actions of parties.....
Alaska "C" Fund-availability for fees of attorneys representing defendants in mili- tary service-neither the Alaska "C" Fund nor any other appropriated moneys are available for payment of compensation to attorneys who are appointed pursuant to Soldiers and Sailors Civil Relief Act of 1940
Restriction scope-Filipinos legally in armed forces of U. S. on July 3, 1941, date of Second Deficiency Appro. Act. 1941, and subsequently discharged for reasons other than under terms of act of Aug. 19, 1937, as amended, or other similar statute, disqualifying aliens for military service, are not within the alien employment restrictions of the said deficiency appropriation act and, therefore, may now be employed under the Navy Dept. and paid from funds appropriated under that act, provided the funds are otherwise available..... 823 Interpretation of "in the service of the United States"-service in the armed forces of the U. S. is within the meaning of the phrase "in the service of the United States" appearing in alien employment restrictions in the various statutes...... Service in military, etc., forces. See Aliens, service in military, etc., forces.
Service in military, etc., forces-restriction applicability to persons losing U. S. citizen- ship by desertion-prohibition in Military Appro. Act of 1942 against use of funds ap- propriated thereby for payments to "any person, civil or military, not a citizen of the United States" does not bar payment of pay and allowances to native-born or naturalized citizens of U. S. who, after losing their U. S. nationality under sec. 401, act, Oct. 14, 1940, by reason of con- viction of war-time desertion from the Army, have been reenlisted or restored to duty.. ALLOWANCES:
See, also, allowances by name, such as, Quarters, quarters allowance; Quarters, rental allowance; Subsistence Allowance; Travel Allowance.
Admiral's personal money allowance-recall to active duty-naval officer retired with rank and pay of rear admiral (upper half) while temporarily holding rank of admiral during hi as Chief of Naval Opera-
tions and drawing pay of rear admiral (upper half) plus a personal money allow- ance as provided by law for rear admirals temporarily serving as admiral or as Chief of Naval Operations, who is subsequently commissioned an admiral on the retired list under authority of act, June 22, 1938, is not entitled to said personal money allowance upon recall to active duty..... Enlistment allowance. See Gratuities, en- listment allowance.
Regular Army Reserve enlistment and lump- sum allowance. See Gratuities, enlistment allowance.
Saved pay and allowance matters. See Pay,
promotions, temporary, saved pay and allowances; Pay, saved pay and allowance matters.
ANNUAL LEAVE:
See Leaves of Absence, annual. ANTI-TRUST LAWS:
Enforcement-jurisdiction-since G. A. O. is not directly concerned with enforce- ment of anti-trust laws, any question aris- ing with regard thereto primarily would be for consideration by Justice Dept..... Violations-bidders. See Bidders, combina- tions, anti-trust law violations.
APPOINTMENTS:
Acceptance:
By conduct:
Page APPOINTMENTS-Continued. Acceptance-Continued.
To constitute acceptance of appointment or commission by conduct, there must be an appointment or commission of which appointee has knowledge; there must be performance of duty pursuant to proper orders in the capacity in which, or the office to which, ap- pointed; and payment of emoluments may not be made until the oath of office has been taken... Where individual to whom commission in Naval Reserve had been issued commenced travel to first duty station prior to formal acceptance of the com- mission and prior to receipt of travel orders, which were in existence and of which he had been informally advised when he commenced the travel, such commencement of travel constitutes an acceptance of the commission by conduct so as to entitle him, upon exe- cution of oath of office, to mileage to first duty station and to pay and allowances from date it was necessary to commence travel in order to report for duty on date specified in his orders. 819 Disqualification of appointee subsequently removed-provision in sec. 4, Naval Re- serve Act of 1938, that no officer of Naval Reserve shall be a member of any other naval or military organization except the Naval Militia, disqualifies an Army in- ductee from accepting a commission in the Naval Reserve, but the fact that an
inductee cannot accept such a commis- sion while still in the Army does not invalidate the commission so as to pre- vent a valid acceptance upon removal of the disqualification by discharge from the Army.. Civil Service classified positions from non- classified positions-initial salary rates- while decisions of this office regarding Clas- sification Act of 1923 have held that em- ployees transferred, etc., from classified or unclassified positions to classified positions need not be appointed at minimum salary rate of grade, employees already in Federal service under appointment made without regard to civil service laws, when acquiring competitive classified civil service status, must be appointed, under existing civil service regulations, at minimum salary rate of grade in which position has been allocated.
Jurisdiction-eligibility matters in general— it is not within jurisdiction or authority of Govt. accounting officers to pass upon administrative action relating solely to eligibility of employees for appointment, reappointment, or reinstatement... See Oaths. Probationary-Status as "limited appoint- ment"-a probationary appointment is a limited appointment within meaning of Sick Leave Regulations denying advance of sick leave in excess of that which would accumulate from date of advance to termination of a "limited appointment".. Reappointments - jurisdiction - eligibility matters in general-it is not within Juris- diction or authority of Govt. accounting officers to pass upon administrative action relating solely to eligibility of employees for appointment, reappointment, or rein- statement.
Status distinguished from status of position to which appointed..... Temporary:
Approval jurisdiction of Civil Service Commission-where the employment of personal services is subject to civil service laws and regulations, appoint- ment of temporary employees is subject to the approval of the Civil Service Commission.
Commissioning of Superintendent of Army Nurse Corps as Army officer- Superintendent of Army Nurse Corps whose pay, additional money allow- ance, and "relative rank" are fixed by statute is not entitled to pay and allowances of a colonel in Army of U. S., to which office she was ap- pointed, in addition to her appoint- ment as superintendent of Army Nurse Corps, under color of authority in act, Sept. 22, 1941, to make tempo- rary appointments as officers in Army
APPOINTMENTS-Continued. Temporary-Continued. Army-Continued.
of U. S. "from among qualified per- sons." General scope of authority under act, Sept. 22, 1941-act of Sept. 22, 1941, makes no provision for promotion of officers or other persons already in military service, but is authority only for temporary appointments of officers in Army of U. S. from among qualified persons-that is, persons otherwise eligible to appointment as officers in armed forces without appointing them to any particular component of said Army, such as Regular Army, Nat'l Guard, or Officers' Corps.
Administrative authority:
Appropriation item in fiscal year 1942 appro. for P. O. Dept. for clerks at division headquarters of post-office inspectors is available for the em- ployment of temporary, as well as permanent, employees...
In the absence of an express provision to the contrary, a lump-sum appro- priation for personal services is available for both permanent and temporary employees.... Whether employees are to be engaged on a permanent or temporary basis is generally an administrative mat- ter.. Women as commissioned officers of Army- propriety of authority in act, Sept. 22, 1941, to make temporary appointments as officers in Army of U. S. "from among qualified persons" refers to and contem- plates men exclusively, and may not be regarded as authority for commissioning women as officers in Army of U. S APPROPRIATIONS:
Page APPROPRIATIONS-Continued. Availability-Continued.
Bonuses for contractors' employees-Con. gram"-payment to be made at such intervals and in such amounts as Sec. of Navy shall determine-would result in unenforcible contract not binding on either party and is therefore un- authorized in absence of specific stat- utory authority for payment of such bonuses....
Navy appropriations for "Replacement of Naval Vessels" are not available for payment of bonuses, for meritorious services, to contractors' employees en- gaged on Navy Dept. shipbuilding contracts, whether payment be direct- ly to employees or indirectly, through contractors, under unenforcible modi- fication of contracts.. Compensation appropriation v. traveling expense appropriation-payment of in- crease in compensation resulting from nondeduction for subsistence during temporary absence-where amount of cash compensation to be paid employees from whose salaries deductions are made pursuant to sec. 3, act, Mar. 5, 1928, for value of Govt. subsistence furnished in kind is increased by value of meals not furnished when employees are absent from headquarters on official business, such increase is not item of subsistence payable from traveling expense appro- priation but is part of cash compensation payable from appropriation for salaries.. Dues, membership. See Fees, membership. Expenses incidental to specific purpose- express authority granted Office of Co- ordinator of Inter-American Affairs by act of Dec. 17, 1941, to create corporations for carrying out its program includes authority, within available appropria- tions, to employ such means and to make such expenditures as may be necessary to accomplish that end
Matters for which specific index headings have been established. See the specific index headings.
Periodicals. See Books, Periodicals and Newspapers, periodicals.
Personal furnishings. See Personal Fur- nishings, appropriation availability. Prior to appropriation or period for which made. See Appropriations, obligation. Balances-transfers. See Appropriations, transfers.
Coast Guard--applicability of Navy appro- priation provisions-civilian clothing on discharge although Coast Guard at pres- ent is operating as part of Navy, appros. in act of Feb. 7, 1942, for Coast Guard are separate from appros. in same act for the naval service, so that provision of said act increasing value of civilian clothing author- ized by sec. 125, act of June 3, 1916, as amended, to be furnished Navy enlisted
APPROPRIATIONS-Continued.
men upon discharge otherwise than honor- ably does not operate to increase value of civilian clothing that may be furnished Coast Guard enlisted men under said section when similarly discharged.. Emergency Fund for the President-availa- bility for storage of effects of employees of decentralized agencies-funds allocated from appropriation "Emergency Fund for the President" made by Independent Offices Appropriation Act, 1942, for trans- fer of household goods and personal effects of "decentralized" employees "as pro- vided by the act of October 10, 1940, and regulations promulgated thereunder" are not available for expense of temporarily storing such goods and effects in transit, in absence of specific provisions therefor in the allocation letter, in the said act of Oct. 10, 1940, or in the regulations. Emergency Relief Act of 1942-availability for education of Selective Service regis- trants-funds provided by Emergency Relief Appropriation Act, 1942, may be used for prosecution on Federal basis of project for educating Selective Service System registrants to standard which con- forms with minimum educational require- ments for induction into armed forces of U. S., but Selective Service System, as sponsor of project, may not use moneys appropriated for its operation and main- tenance to obtain any materials to be used in connection therewith...
Filling need of subsequent year
Letter of intent to contract followed by formal contract in next fiscal year-a Govt. "letter of intent to contract" which reserved the option either to order certain articles, or to reimburse the company for costs incurred if the order was withheld, obligated the Govt., at the time of its acceptance by the contractor, for reimbursement of such costs, and, as the agreement contemplated immediate action by the company, the fiscal year appro. which became so obligated is availa- ble for the price of such articles even though the formal contract for their manufacture was not executed until the following fiscal year and the ex- act amount of the Govt.'s liability was not known until that time. Availability for prior period--deliveries in prior fiscal year-while contracts may be made for coal for ensuing fiscal year after funds have been appropriated therefor, and deliveries may be made prior to that fiscal year, payment may not be made for such deliveries until after beginning of fiscal year for which appro. is made, and, therefore, both the purchase and transportation contracts.
Page APPROPRIATIONS-Continued. Fiscal year-Continued.
if there be separate transportation con- tracts, should contain suitable protective provisions regarding these matters of time of delivery and payment. Indefinite amounts:
Applicability of lapsed appropriation dis- position requirements-provision of act, June 20, 1874, as amended, requiring all unexpended balances of appropriations which shall have remained on books of Treasury for two fiscal years to be car- ried to surplus fund of the Treasury, is applicable to an indefinite appropriation, that is, an appropriation made for a particular fiscal year but indefinite as to amount, and therefore, a claim may not be paid under such a lapsed appropria- tion but is for reporting to Congress for an appropriation for its payment as a certified claim.
Definition of appropriation act appropri- ating "so much as may be necessary" is an "indefinite appropriation" as defined in 13 Op. Atty. Gen. 288, 292, it being stated therein such appropriations are those "in which no amount is named.". Expenditure procedure-discussion of pro- cedure with respect to authorized ex- penditures chargeable to appropriation which is indefinite as to amount.
Claims. See Claims, lapsed appropriations. Transfer to surplus fund. See Appropria- tions, transfers, to surplus fund. Lease-lend-status for land-grant deduction purposes-transportation of a member of the U. S. military forces traveling on duty in connection with the promotion of the national defense pursuant to the Act to Promote the Defense of the United States, approved March 11, 1941, the cost of which transportatior is payable from the appro- priation made by the Defense Aid Supple- mental Appro. Act, 1941, is transportation of "troops of the United States" within the meaning of the land-grant statutes, and, therefore, the cost of such transportation is for computation on the basis of appro- priate deduction for land grant. Limitations-statutory purchase restric- tions in general-general effect of War Powers legislation, etc.-neither sec. 201 of Title II, First War Powers Act, 1941, em- powering President to authorize certain Govt. agencies and depts. to disregard, in exercise of wartime functions, statutory re- strictions relating to progress payments and to making, performance, modifica- tions, etc., of contracts, nor E. O. 9001, is- sued pursuant thereto, authorizes non-ob- servance of statutory purchase restrictions on certain supplies and equipment Lump-sum-temporary or permanent ap- pointment discretion-in the absence of an express provision to the contrary, a lump-
APPROPRIATIONS-Continued.
sum appropriation for personal services is available for both permanent and tempo- rary employees.............. More than two fiscal years old-transfers to surplus fund. See Appropriations, trans- fers, to surplus fund. Navy Department-"Replacement of Naval Vessels"-availability for bonuses to con- tractors' employees-Navy appropriations for "Replacement of Naval Vessels" are not available for payment of bonuses, for meritorious services, to contractors' em- ployees engaged on Navy Dept. shipbuild- ing contracts, whether payment be directly to employees or indirectly, through con- tractors, under unenforcible modification of contracts.. Obligation:
Page | APPROPRIATIONS—Continued.
Classification of obligations according to objects-Treas. Reg. 1, June 28, 1941... 1162 Fiscal year chargeable. See Appropria- tions, fiscal year.
Letter of intent to contract-A Govt. "let- ter of intent to contract" which reserved the option either to order certain articles, or to reimburse the company for costs incurred if the order was withheld, did not operate as an obligation against ap- propriated moneys until its acceptance by the contractor..
Prior to appropriation made-contract-
ing limitations-while contracts may be made for coal for ensuing fiscal year con- tingent upon enactment of fiscal year ap- pro. providing funds therefor, deliveries under such contracts may be accepted prior to that fiscal year only if made after funds have been appropriated, and, inas- much as payment may not be made for such deliveries until after beginning of fiscal year for which the appro. is made, both the purchase and transportation contracts, if there be separate transporta- tion contracts, should contain suitable protective provisions regarding these matters of time of delivery and payment. Prior to period for which made-permissi- bility-while contracts may be made for coal for ensuing fiscal year after funds have been appropriated therefor, and deliveries may be made prior to that fis- cal year, payment may not be made for such deliveries until after beginning of fiscal year for which appro. is made, and, therefore, both the purchase and trans- portation contracts, if there be separate transportation contracts, should contain suitable protective provisions regarding these matters of time of delivery and payment... Substitution of term "obligations" for term "encumbrances"-Bull. 1, amend- ed, July 10, 1941.. Office of Coordinator of Inter-American Affairs-expenses incident to creation of Government corporations-express author-
ity granted Office of Coordinator of Inter- American Affairs by act of Dec. 17, 1941, to create corporations for carrying out its program includes authority, within avail- able appropriations, to employ such means and to make such expenditures as may be necessary to accomplish that end, and, therefore, payment is authorized of organi- zational expenses incident to incorporation, including expense of services of resident agents where required.....
"Permanent specific appropriation" de- fined......
Selective Service System: Education of registrants:
Funds provided by Emergency Relief Appropriation Act, 1942, may be used for prosecution on Federal basis of project for educating Selective Service System registrants to standard which conforms with minimum educational requirements for induction into armed forces of U. S., but Selective Service System, as sponsor of project, may not use moneys appropriated for its opera- tion and maintenance to obtain any materials to be used in connection therewith.......
Funds provided for operation and main- tenance of Selective Service System are not available for educating regis- trants so that they may meet educa- tional requirements for induction into armed forces of U. S....
Status as creating debt in favor of agency concerned-appropriation by Congress of public money to pay expenses and obliga- tions of Govt. agency does not create debt in favor of such agency, nor does it give such agency legal claim against U. S. for amount so appropriated.. Transfers:
Between departments and establishments: See, also, related heading: Departments and Establishments, services between. Limitations: Open-market
purchases-purchases from working funds advanced to Coast and Geodetic Survey, Com- merce Dept., by Army Air Corps, pursuant to sec. 601, act of June 30, 1932, for carrying on a project for the Air Corps are subject to the excep- tion to the advertising-for-bids re- quirement of sec. 3709, R. S., con- tained in the act of June 12, 1906, applicable to the Air Corps, rather than to the exception contained in the act of Oct. 10, 1940, applicable to the Commerce Dept... Personal services:
Where the Bureau of the Census is peculiarly equipped to perform for another agency statistical work for which the funds of the latter agency would be available if the work
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