Page images
PDF
EPUB

APPROPRIATIONS-Continued.
Page | APPROPRIATIONS-Continued.

Pago
Transfers-Continued.

War Department--Continued.
Between departments and establish-

"Cemeterial Expenses"-Continued.
ments-Continued.

17, 1938, authorizing appropriations to
Limitations-Continued.

be made for funeral expenses of certain
Personal services Continued.

Army and War Dept. personnel, leaves
were performed by it, employees

no available outer clothing with which
of said Bureau who are compen.

to clothe his remains, the appro, made
sated without regard to the Classi-

by the War Dept. Civil Appro. Act,
fication Act may be used in per-

1942, under heading “Cemeterial
formance of the work-whether

Expenses" to carry out purposes of
the work be done on a reimburse-

said act of May 17, 1938, is available for
ment or advance-of-funds basis--

the purchase of suitable clotning for
even though the appropriations

this purpose, including articles of uni-
from which the funds are to be

form for Army officers who die while
transferred in payment for the

in active service..---

673
work require that employees of the

Scope in general-effect of appro. made
transferring agency be paid in ac-

by War Dept. Civil Appropriation
cordance with the Classific ion

Act, 1942, under heading “Cemeterial
Act. 21 C. G. 254; 18 id. 489; 17 id.

Expenses" for "*

recovery of
900; 16 id. 3, distinguished.... 749

bodies and disposition of the remains
Where work can be performed by a

as authorized by the Act of May 17,
department or agency with its own

1938, ... including remains of
funds and facilities as well as it

personnel of the Army of the United
could be performed by another

States who die while on active duty;
department or agency, funds may

. *" is to extend the funeral ex-
not legally be transferred under

pense benefits of the act of May 17,
authority of sec. 601 of the act of

1938, to Army personnel who die while
June 30, 1932, to such other depart-

on active duty, and, therefore, reserve
ment or agency merely for the pur-

officers who die while on active duty
pose of avoiding restrictions im-

are within the act.

673
posed upon the transferring agency

ARMY:
in the employment of personnel.. 749
To surplus sund:

Commissioning of women-propriety of
Amounts omitted from surplus fund

authority in act, Sept. 22, 1941, to make
warrant-unexpended balances of ap-

temporary appointments as officers in
propriations subject to surplus fund

Army of U. 8. "from among qualified per
provisions of act, June 20, 1874, lapse

sons" refers to and contemplates men ex-
into surplus fund by operation of law

clusively, and may not be regarded as
after being on books of Treasury for

authority for commissioning women as

1073
two fiscal years even though by error

officers in Army of U.S.
or because of repayments thereafter

Inductee's eligibility for commission in
they may not have been included in

Naval Reserve-provision in sec. 4, Naval
their entirety in Surplus Fund war-

Reserve Act of 1938, that no officer of Naval
rant issued at end of two fiscal years.

Reserve shall be a member of any other
See 8 Comp. Dec. 881..

46

naval or military organization except the
Indefinite amount of appropriations-

Naval Militia, disqualifies an Army in-
provision of act, June 20, 1874, as

ductee from accepting a commission in the
amended, requiring all unexpended

Naval Reserve, but the fact that an in-
balances of appropriations which shall

ductee cannot accept such a commission
have remained on books of Treasury

while still in the Army does not invalidate
for two fiscal years to be carried to sur.

the commission so as to prevent a valid
plus fund of the Treasury, is applic-

acceptance upon removal of the disquali.

819
able to an indefinite appropriation,

fication by discharge from the Army....
that is, an appropriation made for a Regular Army Reserve-status of--Regular
particular fiscal year but indefinite as

Army Reserve is a reserve component of
to amount..

46 the Army of the United States and, also,
Purpose and effect-discussion of pur.

& reserve of the Regular Army..

365
pose and effect of surplus fund pro- Scope of temporary appointment authority
visions of act, June 20, 1874, citing Vol.

conferred by act, Sept. 22, 1941-act of
1, First Comptroller's Decisions

Sept. 22, 1941, makes no provision for pro-
(Lawrence) Appendix, Chap. XIV,

motion of officers or other persons already
Pages 579-592.

46 in military service, but is authority only
War Department:

for temporary appointments of officers in
"Cemeterial Expenses":

Army of U. 8. from among qualified per-
Availability for clothing for burial pur-

sony--that is, persons otherwise eligible to
poses-where a deceased person en-

appointment as officers in armed forces-
titled to the benefits of the act of May

without appointing them to any particular

Page

ARMY-Continued.

Page BIDS-Continued.
component of said Army, such as Regular

Mistakes-Continued.
Army, Nat'l Guard, or Officers' Reserve

bid for item 3 in the amount of the next
Corps..

1073 lowest correct bid, but there should be

deducted from such payment the differ-
ASSIGNMENTS:

ence between bidder's intended bid
See Claims, assignments.

price on item 2-which would have been
ATTORNEYS:

accepted but for the error and the

slightly higher price paid under accepted
Fees-defendants in military service--ap-

bid on that item....
propriation availability--neither the Alas-

Rejection:
ka "C" Fund nor any other appropriated

Price-fixing, labor, etc., stipulations:
moneys are available for payment of

Bids in excess of established maximum
compensation to attorneys who are ap-

prices-bids offering to purchase com-
pointed pursuant to Soldiers and Sailors

modities from the Govt. at prices in
Civil Relief Act of 1940 to represent in

excess of maximum prices established
court proceedings defendants who are in

therefor in accordance with Emergency
the military service.

667

Price Control Act of 1942, may be re-
AUDIT:

jected, unless bidders are informed, in

invitation for bids, that bids in excess
General Accounting Office. See General

of maximum will be regarded as haring
Accounting Office, audit.

been quoted at maximum price.... 10
AUTOMOBILES:

Federal Prison Industries, Inc., may noi,

in selling scrap material, insert in inri-
See Vehicles.

tation for bids a provision that bids in
BAILMENTS:

excess of ceiling price established by
Property damage, loss, etc., liability. See

Office of Price Administration and
Property.

Civilian Supply for such scrap ms.
BANKRUPTCY:

terial would be rejected...

BLIND-MADE PRODUCTS:
Government debtors:
Administrative notice to G. A. O

1163

Purchasing requirements. See Contracte,
Claim report expedition...

1163

blind-made products.

BOARDS AND COMMISSIONS:
BIDDERS:

Traveling expenses. See Trareling Expenses,
Combinations-anti-trust law violations-

boards, commissions, committees, etc.
jurisdiction since G. A. O. is not directly

Validity:
concerned with enforcement of anti-trust

Hearings on employee grievances:
laws, any question arising with regard

A committee to hear grievances of em
thereto primarily would be for considera-

ployees of Federal Security Agency.
tion by Justice Dept.

56

set up under E. 0. 7916, June 24, 1938,
Negotiation with in awarding contracts.

the membership of which includes
See Contracts, awards, negotiation.

employees of other Federal agencies,
Qualifications-general extent of showing

is in contravention of the act of Mar.
which may be required--any reasonable

4, 1909, prohibiting employment by
qualifications which bidders might be re-

detail or otherwise of services from any
quired to demonstrate to secure award of a

Govt. establishment in connection
negotiated contract may be required in the

with the work of a commission, coun-
advertisement for proposals in contempla-

cil, board, or similar body.....
tion of award upon a competitive basis 56

A hearing committee administratively
BIDS:

set up under E. 0. 7916, June 24, 1938,
Acceptance. See Contracts, awards.

to hear grievances of employees of
Acceptance of highest or other than highest

Federal Security Agency and which
bid- sales. See Sales, acceptance of highest

has no independent authority but
or other than highest bid.

serves only in an advisory capacity is
Invitations to bid. See related heading:

not within inhibition of sec. SAS1,
Contracts, specifications.

R. S., or sec. 9, act of Mar. 4, 1904,
Mistakes:

which prohibit expenditure of publie
Correction-limit of relief. See Bids, mis.

funds for compensation or expenses of
takes, limit of relief.

commissions, councils, boards, or
Limit of relief-item price reversals-

similar bodies, unless specifically
where a bidder, through bona fide error

authorized by law.
which should have been apparent to the

BONDS:
contracting officer, reversed its intended

Contract wage, labor, materialmen, etc..
bid prices on items 2 and 3 of the invita-

payments--claims of unpaid laborers,
tion, resulting in acceptance of its bid on

materialmen, etc. See Contracts, pur
item 3 and rejection of its bid on item 2,

ments, claims of unpaid laborers, material-
payment may be made on the accepted

men, etc.

1173

but

125

BONDS-Continued.

Page | BONNEVILLE POWER ADMINISTRA. Page
Government:

TION-Continued.
Savings bonds:

Acquisition of easements--Continued.
Purchase by pay-roll deductions:

Title requirements-Continued.
Cost-plus contracts. See Contracts,

Where, in connection with acquisition
cost-plus, pay-roll deductions, sarings.

of easements or rights-of-way by
bond purchases.

Bonneville Power Adm., Atty. Gen.
No objection to procedure whereby

waives requirement for his title opin-
payment of employee's salary would

ion, Adm. in support of payments
be made partly by check or cash and

therefor need obtain only such title
partly in U. S. Savings Bonds, even

evidence as, in its judgment, is war.
though procedure contemplates

ranted in the particular case,
issuing of bonds in name of other

should furnish a showing of waiver by
persons designated by employee and

Atty. Gen., an appropriate adminis-
that salary deduction for each pay

trative statement of payee's claimed
period may not in every instance

interest in land, and evidence reason-
equal full purchase price of a bond,

ably relied on by Adininistrator in
provided that, in addition to em-

verification of payee's claim of inter-
ployee's previously executed author-

est.
ization for salary deductions, there

Acquisition of land-abstracts of title-
be obtained when each bond is deliv-

appropriation availability-under Bonne-
ered a receipt acknowledging full pay-

ville Act of Aug. 20, 1937, which authorizes
ment of salary for period involved..

942

Bonneville Power Administrator to ac-
Where employee voluntarily agrees to

quire by condemnation real estate or
accept U. S. Savings Bonds in lieu

any interest therein for the purposes of
of compensation for services render-

the act and authorizes the handling of
ed, there is no legal objection to an

condemnation proceedings jointly by the
administratively proposed proce-

Dept. of Justice and the Administration,
dure whereby a part of his current

the costs of abstracts of title required and
compensation is to be reserved on

obtained for use in connection with such
each pay roll until sufficient with-

proceedings are chargeable to the appro-
holdings have been made to equal

priation of the acquiring agency rather
purchase price of bonds for which

than to Dept. of Justice appropriations
he has subscribed, provided that

as would be required under the usual rule
adequate accounting data are fur-

stated in 8 Comp. Gen. 308. ---

744
nished to enable a proper audit

BOOKS, PERIODICALS, AND NEWS.
thereof by this office.--

208

PAPERS:
Performance requiring of-truck guar-

Periodicals-statutory purchase restriction
antees -requirement in invitations for

applicability to indispensable need-
bids on heavy-duty trucks that successsul

notwithstanding restriction in sec. 3, act
bidder post bond equal to 100 percent of

of Mar. 15, 1898, against purchase of peri-
amount of contract as guarantee that

odicals, books of reference, etc., unless
trucks will conform to specifications and

appropriation shall specifically provide
will perform satisfactorily for one year

therefor, cost of subscriptions to such peri-
apparently would increase unnecessarily

odicals as may be administratively de-
the cost of the trucks, so that such bond

termined to be indispensable--as distin.
should not be required unless there is

guished from merely desirable or help
reason to believe that successful bidder

ful-to accomplishment of purpose

for
may be other than a reputable manufac-

which appropriation has been made is
turer and that the bond is necessary to

proper charge against appropriation, even
protect the Government's interest ...-. 1132

though appropriation makes no specific
Surety-certifying officer bonding require-

mention of periodicals, etc..

339
ments. See Certifying Officers, bonding

BURIAL EXPENSES:
requirements.

Death during authorized leave:
BONNEVILLE POWER ADMINISTRATION:

Leave in U. S. from foreign duty:
Acquisition of easements:

Payment of expenses of preparation and
Title requirements:

transportation of remains of Foreign
Where, in connection with acquisition

Service officer or employee who, while
of easements or rights-of-way, Atty.

officially stationed outside of U. S.,
Gen. waives requirement for his title

was on temporary leave of absence in
opinion, Bonneville Power Adm. may

U.S. when death occurred would not
purchase casements under authority

be authorized under 22 U. S. C. 130a,
of Bonneville Project Act of 1937

providing for payment of such expenses
without obtaining perfect title and

with respect to Foreign Service per
need only obtain such title as in its

sonnel who die abroad or in transit
judgment will protect interests of the

while in discharge of their official
Govt

195

Page

BURIAL EXPENSES-Continued. Page | BURIAL EXPENSES—Continued.
Death during authorized leave-Continued. Transportation of remains. See Transpor.
Leave in U. 8. from foreign duty-Con.

tation, remains.
under broader provisions of act, July

“BUY AMERICAN ACT":
8, 1940, covering civilian employees

See Contracts, foreign products.
generally

1100
Where civilian employee died while on

CARDS:
leave in U. S. from duty in a foreign

Credit--telephone tolls..

13
country, preparation of his remains

Signature cards-voucher certifications
at Govt. expense is authorized under

card data, filing, etc., requirements-
act, July 8, 1940, which, in authorizing

Gen. Reg. 93-Revised, Mar. 14, 1942.... 1158
preparation and transportation of CARRIERS:
remains of civilian personnel who die

Forwarding agents' status as common car.
while performing official duties in a

riers....

775
foreign country, provides that the
benefits authorized therein shall not

CENSUS BUREAU:
be denied because deceased was tem-

See Commerce Department.
porarily absent from duty when death

CERTIFICATES:
occurred.

1100
Death during temporary duty-civilian

General certificates on vouchers and invoices:

Applicability to cost-plus contracts. 1101
employee who died at a place to which he
had been ordered for “temporary duty”

Applicability where taxes are included in

purchase price—where a contract for
under orders precluding payment of a per

supplies is awarded on basis of including
diem in lieu of subsistence may be con-
sidered as having been in a "travel status"

State and local sales taxes in the pur-
at time of his death within meaning of act,

chase price without deduction of an
July 8, 1940, which authorizes prepara-

amount representing such tares, the
tion and transportation of remains of

general certificate for vouchers and in-
civilian personnel at Govt. expense when

voices prescribed by circular letter
death occurs while in a travel status.....

A-51607, A-49009, Aug. 15, 1941, 21

591
Death during unauthorized leave-as dis-

Comp. Gen., 1160 may be modified by
tinguished from death during desertion-

eliminating therefrom the phrase "and

that State or local sales taxes are not in-
right to payment of burial expenses under

cluded in the amounts billed," provided
act, June 15, 1936, is not forfeited merely
because death occurs while Army Reserve

that, in all cases where the legal incidence

of such taxes is upon the vendee, appro-
officer on active duty is on unauthorized
leave, as distinguished from desertion....

priate steps be taken to obtain appro-
163

priate certificates from the dealers in
Furnishing of clothing-War Dept. and

accordance with Gen. Reg. No. 86–
Army personnel-where a deceased person

Revised.

719
entitled to the benefits of the act of May

Revision..

1160
17, 1938, aut horizing appropriations to be

Sufficiency for ceiling price purposes-
made for funeral expenses of certain Army

Circ. Letter A-51607, A-49009, June 3,
and War Dept. personnel, leaves no avail-

1942
able outer clothing with which to clothe

Matters involving other index headings.
his remains, the appro. made by the War

See specific index headings.
Dept. Civil Appro. Act, 1942, under head-
ing "Cemeterial Expenses" to carry out

CERTIFYING OFFICERS:
purposes of said act of May 17, 1938, is

Authorization forms, filing requirements,
available for the purchase of suitable

manner of certification, etc. --Gen. Reg.
clothing for this purpose, including articles

93-Revised, Mar. 14, 1942..

1153
of uniform for Army officers who die wbile

Bonding requirements:
in active service

673 Applicability to heads of departments,
General effect of War Dept. "Cemeterial

under secretaries, etc.-words "officer or
Expenses" appropriation language- effect

employee" as used in sec. 2, act, Dec. 29,
of appro. made by War Dept. Civil Appro-

1941, providing that a bond be furnished
priation Act, 1942, under heading “Cem-

by the “officer or employee" who certi-
eterial Expenses" for "* recovery

fies a voucher for payment in the
of bodies and disposition of the remains as

executive branch of the Govt., refer to
authorized by the Act of May 17, 1938,

the persons who are authorized to certify
• including remains of personnel of

vouchers by sec. 1 of the act which
the Army of the United States who die

specifically includes heads of depart.
while on active duty; . *" is to extend

ments, etc., involved, so that when the
the funeral expense benefits of the act of

heads of departments, etc., or Under
May 17, 1938, to Army personnel who die

Secretaries and Assistant Secretaries
while on active duty, and, therefore,

duly acting in their place or stead, funo-
reserve officers who die while on active

tion as certifying officers, they are
duty are within the act..

673 required to furnish bonds.....

1162

CERTIFYING OFFICERS-Continued. Page CERTIFYING OFFICERS-Continued. Page
Bonding requirements Continued.

Liability-Continued.
Authority of Sec. of Treasury to determine

Administrative responsibility öxlng where
who shall give bond-requirement in

not fixed by statuto Continued.
sec. 2, act, Dec. 29, 1941, that bonds be

ing and disbursing officers in execu-
furnished by officers and employees who

tive branch of the Govt., is not ap-
certify vouchers for payment in the

plicable to similar officers of the Li-
executive branch of the Govt. is not a

brary of Congress-an agency not in
matter to be governed by regulations

the executive branch-and the fixing
but by the statute itsell, and the author-

of responsibility and bonding of certi-
ity vested by the act in the Sec. of the

fying officers for the Library, under an
Treasury to prescribe the condition of

administrative arrangement conform.
such bonds, etc., does not include

ing substantially with the procedure
authority to issue regulations as to who

provided for under the act, would not
shall or shall not be required to furnish

operate to make the disbursing officer
bonds...

976

for the Library responsible only to an
Status of “approving officer"--an officer or

extent comparable with the responsi-
employee who, merely for administra-

bility fixed by the act for disbursing
tive control purposes, approves a voucher

officers in the executive branch...... 987
as the “Authorized Approving Officer,"

Ceiling price regulations compliance
after it has been certified by a duly

Circ. Letter A-51007, A-49009, June 3,
authorized officer or employee as to the

1942....

1162
correctness of the facts upon which the

Effect of administrative preaudit certifica-
voucher is based and as to the legality

tion-certifying officers will be held re-
of the proposed payment, is not a certi-

sponsible for erroneous or improper reim-
fying officer within the meaning of the

bursements to cost-plus-a-fixed-lee con-
act of Dec. 29, 1941, requiring certifying

tractors, notwithstanding any preaudit
officers to be bonded...

841 approval by Govt. personnel of con-
Where bond required under general ad-

tractor's payments under a contract
ministrative authority-where it is pro-

stipulation providing for such reimburse-
posed by Library of Congress-an agency

ments..

598
not in executive branch of Govt.-to

G. A. 0. responsibility fixing procedure
bond Its certifying officers under adminis-

generally-Gen. Reg. 93—Revised, Mar.
trative arrangement conforming sub-

14, 1942.

1155
stantially with procedure provided for in

Leaves of absence-unliquidated

ad-
act of Dec. 29, 1941, which establishes

vances-certifying officer who certified
responsibilities of certifying and dis-

pay roll including salary payment to
bursing officers in executive branch,

probationary employee for advanced sick
there is for consideration whether such

leave in excess of that which would
bonds should not run to disbursing officer,

accumulate from date of advance to end
who is primarily liable for expenditure

of probationary period is responsible for
of public funds advanced to him, as well

the resulting overpayment of salary
as to U. 8..

which remained uncollected when the
Decision requests. See General Accounting

employee died without having returned
Office, decisions.

to duty.---

766
Liability:

Notices of exceptions in audit of disbursing
Administrative responsibility fixing where

officers' accounts-general procedure-
pot fixed by statute:

Gen. Reg. 93– Revised, Mar. 14, 1942. 1155
General effect on certifying officer's in-

Replies to exceptions in audit of disbursing
debtedness-fixing of responsibility

officers' accounts-general procedure
and bonding of certifying officers of

Gen. Reg. 93-Revised, Mar. 14, 1942...-- 1155
Library of Congress-an agency not
in executive branch of the Govt.-

CHECKS:
under an administrative arrangement Cashing - charges - cost-plus contractors'
conforming substantially with pro-

checks—where a cost-plus-a-fixed-lee con-
cedure provided for under act, Dec.

tract provides for reimbursement for costs
29, 1941, which establishes responsi

incident to contractor's compliance with
bilities of certifying and disbursing

its obligation to furnish free pay roll check-
officers in the executive branch, would

cashing facilities for its employees, contrac-
not authorize granting certifying off-

tor may be reimbursed for the fixed check-
cers of the Library the relief or right

cashing charges paid a local bank pursuant
to advance decisions which is author-

to an agreement, made necessary by the
ized by the act for such officers in the

Inadequacy of local banking facilities,
executive branch.

987 whereby the bank not only cashed checks
General effect on disbursing officer's

for employees directly without charge but
liability-act of Dec. 29, 1941, which

also cleared chocks cashed by local mer-
establishes responsibilities of certify-

chants and other patrons presented to it
470350m-42- -76

987

« PreviousContinue »