CHECKS-Continued.

for payment without imposing on such
merchants and patrons the usual check-
cashing charge....
Delivery-assigned claims-where the as-
signment of amount due under a bill of
lading may not be recognized under As-
signment of Claims Act of 1940 because
amount is less than $1,000, payment should
be made in the name of the transportation
company and the check mailed in care of
assignee..

CITIZENSHIP:

Alien employment restrictions. See Aliens,
service in military, etc., forces.
Attributes discussed..

CIVIL SERVICE:

Status acquisition-accounting officers' ju-
risdiction-General Accounting Office has
no jurisdiction or authority to fix or deter-
mine conditions for acquiring competitive
classified civil service status-whether in
same or different position or whether posi-
tion in which such status may be acquired
is within or without scope of Classification
Act of 1923..
Transfers exempted positions to positions
under-initial salary rate-while decisions
of this office regarding Classification Act of
1923 have held that employees transferred,
etc., from classified or unclassified posi-
tions to classified positions need not be ap-
pointed 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 ap-
pointed, under existing civil service regu-
lations, at minimum salary rate of grade in
which position has been allocated.....
CIVIL SERVICE COMMISSION:

Jurisdiction:

Appointment matters generally. See Ap-
pointments.

Classification matters generally. See Clas-
sification.

Personnel Classification Board-classifica-
tion matters generally. See Classification.
CLAIMS:

Arising in prior enlistments:

Claims for quarters allowance for de-
pendents:

Direct settlement v. payment by dis-
bursing officer:

Claims received in General Account-
ing Office from enlisted men now in
service for money allowance author-
ized by act, Oct. 17, 1940, for quarters
for dependents involving periods in
both a prior and current enlistment
between which there was no break
in service will be transmitted to
department concerned for determi-
nation, under authority conferred
by sec. 10, act, Mar. 7, 1942, of fact

Page CLAIMS-Continued.

675

265

969

113

113

Arising in prior enlistments-Continued
Claims for quarters allowance for
pendents-Continued.

Direct settlement v. payment by
bursing officer-Continued.
of dependency, and if claimant
found entitled to benefits of the
payment may be made by dish
ing officer for entire period of clai
While general rule is that disburs
officers shall pay items of pay a
allowances to enlisted men in th
current enlistment only, such r
will be relaxed to permit payment
disbursing officers of proper clai
for money allowance authorized
act, Oct. 17, 1940, for quarters
dependents involving periods
both prior and current enlistmen
where men are now in service a
there was no break in service
tween prior and current enlistment
Jurisdiction-in general-general rule
that disbursing officers shall pay iter
of pay and allowances to enlisted men
their current enlistment only....
Assignments:

Bills of lading. See Claims, assignment
contracts, bills of lading.
Contracts:

Bills of lading:

Aggregate amount V. separabl
amounts-where carrier has
signed all moneys due for freigh
on a vessel, and Govt. bills of ladin
representing numerous shipment-
on the vessel constitute the only
contract for the transportation, the
assignment may be recognized.
under Assignment of Claims Act of
1940, only with respect to each such
bill of lading which involves a pay-
ment of $1,000 or more..

Status as a contract for assignment
purposes-Govt. bill of lading con-
stitutes a contract for transportation
of the goods involved and as such
comes within authority in Assign-
ment of Claims Act of 1940 to assign
moneys due or to become due "under
a contract providing for payments
aggregating $1,000 or more.".
Check payees and delivery-where the
assignment of amount due under a bill
of lading may not be recognized under
Assignment of Claims Act of 1940 be-
cause amount is less than $1,000, pay-
ment should be made in the name of
the transportation company and the
check mailed in care of assignee......
Permissible assignees insurance com-
panies an individually owned insur-
ance agency not regularly engaged in
business of financing, apart from such
credit as may be extended to those
with whom it deals in connection with
and as incidental to carrying on of its

CLAIMS-Continued.

Assignments-Continued.
Contracts-Continued.

primary business, is not a "financing
institution" within meaning of Assign-
ment of Claims Act of 1940..

Basic manner of payment-amounts due
creditors of U. S. on accounts arising from
transactions of Govt. departments and
establishments may be paid either by dis-
bursing officers-from advances of appro-
priation on their personal and bonded
responsibility prior to examination and
settlement of accounts by G. A. O., or may
be paid as claims upon certificate of G. A.
O. under sec. 7, Dockery Act, as amended,
following examination of accounts by G.
A. O....

By the United States-debt collection. See
General Accounting Office, debt collection,
matters.

Jurisdiction-General

Accounting Office.
See General Accounting Office, jurisdiction,
claims.

Lapsed appropriations:

Jurisdiction-act, July 7, 1884, and prior
laws, recognized jurisdiction of account-
ing officers to settle and allow claims
under appropriations the balances of
which had been carried to surplus fund..
Reporting to Congress-indefinite amount
appropriations-provision of act, June
20, 1874, as amended, requiring all unex-
pended balances of appropriations which
shall have remained on books of Treas-
ury for two fiscal years to be carried to
surplus fund of the Treasury, is appli-
cable to an indefinite appropriation, that
is, an appropriation made for a particu-
lar fiscal year but indefinite as to amount,
and therefore, a claim may not be paid
under such a lapsed appropriation but is
for reporting to Congress for an appro-
priation for its payment as a certified
claim...
Unavailability for claim payments-in-
definite amount appropriations-provi-
sion of act, June 20, 1874, as amended, re-
quiring all unexpended balances of ap-
propriations which shall have remained
on books of Treasury for two fiscal years
to be carried to surplus fund of the
Treasury, is applicable to an indefinite
appropriation, that is, an appropriation
made for a particular fiscal year but in-
definite as to amount, and, therefore, a
claim may not be paid under such a
lapsed appropriation..
Presentation, hearings, etc.:

In general:

Sec. 236, R. S., as amended, under which
General Accounting Office is author-
ized to settle and adjust claims against
the U. S., does not provide for hearings
and prescribes no definite form of pro-
cedure for the presentation and settle-
ment of claims.

120

489

46

46

Settlements. See General Accounting Office,
settlements.

Unpaid laborers, materialmen, etc. See
Contracts, payments, claims of unpaid
laborers, material men, etc.
CLASSIFICATION:

Additional positions-allocation action non-
necessity rule-additional identical pos-
tions, having identical duties and respon-
sibilities as positions already allocated by
Civil Service Commission, do not require
allocation action. See 9 Comp. Gen. 101;
11 id. 321..

"Base pay" defined-per annum "base pay"
of employee whose permanent position in
field service is within scope of Classifica-
tion Act of 1923, as amended, may be any
of annual salary rates prescribed by said
act for grade or salary range in which posi-
tion has been administratively allocated
pursuant to Brookhart Salary Act. See
21 C. G. 205....

com-

Custodial Service employees of P. O. Dept.,
generally-discussion of erroneous
pensation schedules adopted by P. O.
Dept. for Custodial Service positions
which are subject to Classification Act, as
amended.
Departmental agencies transferred outside
Dist. of Col.-Civil Service Commission
jurisdiction in general-jurisdiction and
allocating authority of the Civil Service
Commission continues over positions in
departmental offices transferred to loca-
tions outside of the District of Columbia..
Field Service:
Chauffeurs-removal from purview of
Classification Act-where proper admin-
istrative action has been taken, there
is no objection to eliminating the position
of truck driver, heavy duty, in the field
service of the Ordnance branch of the
War Dept. from the purview of the
Classification Act..

Custodial Service-Post Office buildings-
salary rates of custodial employees of
P. O. Dept. are required to be fixed in
accordance with Classification Act of
1923, as amended.
Truck drivers-removal from purview of
Classification Act-where proper admin-
istrative action has been taken

947

478

569

649

724

202

CLASSIFICATION-Continued.
Field Service-Continued.

724

947

of truck driver, heavy duty, in the field
service of the Ordnance branch of the
War Dept. from the purview of the
Classification Act...
Initial allocation of existing positions-
effective date-general rule-rule that
change in classification grade and compen-
sation rate pursuant to reallocation of posi-
tion approved by Civil Service Commis-
sion is effective from beginning of pay
period current when notice of Commis-
sion's approval is received in administra-
tive office is applicable, also, to first alloca-
tion of positions previously occupied but
not theretofore required to be allocated....
National Capital Park and Planning Com-
mission personnel applicability in general
-while National Capital Park and Plan-
ning Commission has statutory authority
to fix salary rates of its personnel without
regard to Classification Act, it is within the
discretion of said Commission to adopt
administratively Classification Act grades
and salary rates, but the Civil Service
Commission's approval of the allocation
of the positions must be obtained in order
to bring the position within said act......
National Capital Park and Planning Com-
mission personnel prior to acquiring civil
service status-it is unnecessary for Na-
tional Capital Park and Planning Com-
mission to await covering of positions of its
personnel into competitive classified civil
service before taking action to bring such
positions within the Classification Act. 541
Position and not tenure of incumbent as
determinative of necessity for-since term
"position" is defined by Classification Act
to mean "a specific civilian office or em-
ployment, whether occupied or vacant,"
all positions otherwise within purview of
act must be classified regardless of tenure of
individual incumbent, whether perma-
nent, temporary or part time.
Positions outside United States:
Effect of employee's citizenship status or
place of hire:

Provisions of act, Nov. 26, 1940, and
Exec. Order 8955, extending provisions
of classification act to civilian positions
in War and Navy Depts. in certain
areas outside U. S. and establishing a
salary differential therefor, relate ex-
clusively to classification of positions
rather than to the qualification of
individual employees, and, therefore,
neither citizenship status of an indi-
vidual, nor whether hired locally or
elsewhere, has any bearing upon the
allocation or fixing of salary rate to
include differential..
Where, under Exec. Order 8955, extend-
ing classification act to, and establish-
ing salary differential for, civilian posi-
tions in War and Navy Depts. "for

541

1067

947

Initial allocation of existing positions-
effective date-rule that allocation or
reallocation of position approved by
Civil Service Commission is effective
from beginning of pay period current
when notice of approval is received in
administrative office should be applied
to the allocation or reallocation of posi-
tions within purview of Exec. Order
8955, extending classification act to and
establishing a salary differential for,
civilian positions in War and Navy
Depts. in certain areas outside U. 8.,
and the salary differential, as well as the
allocation or reallocation, will be effective
from beginning of such pay period.......
Native schedule positions and American
citizen class of positions-use of words
"positions ⚫ · ⚫ for which citizens
of the United States are recruited" in
Exec. Order 8955, extending classifica-
tion act to civilian positions in War and
Navy Depts. in certain areas outside
U. S. and establishing a salary differen-
tial therefor, has effect of excluding those
classes of positions which theretofore had
been filled by natives paid under native
schedules, and of including only those
classes of positions duties of which usual
ly are performed by American citizens—
question of category in which a parti-
cular class falls being for determination
by administrative office concerned and
Civil Service Commission........
New positions:

Compensation rate payable pending al-
location of position:

94

Where final allocation action by Civil
Service Commission with respect to
certain positions in War and Navy
Depts. outside U. S., to which posi
tions the classification act has been
extended by Exec. Order 8955, is
delayed for extended periods due to
distances and other circumstances
involved, no objection will be made
to administrative establishment of
tentative salary rates, subject to
subsequent adjustment, to be paid
pending the final allocation action.. 947
Where, notwithstanding general rule
that new position, as distinguished
from identical additional one, should

CLASSIFICATION-Continued.
Positions outside United States-Con.
New positions-Continued.

Compensation rate payable pending al-

location of position-Continued.
be allocated prior to an appoint-
ment thereto, appointments are nec-
essarily made during present war
emergency prior to final allocation
action by Civil Service Commission,
no payment of salary should be
made, if delay be short, until salary
rate legally payable based on the
allocation shall have been deter-
mined.....
Reallocation-effective

date-rule that
allocation or reallocation of position ap-
proved by Civil Service Commission is
effective from beginning of pay period
current when notice of approval is re-
ceived in administrative office should be
applied to the allocation or reallocation
of positions within purview of Exec.
Order 8955, extending classification act
to and establishing a salary differential
for, civilian positions in War and Navy
Depts. in certain areas outside U. S.,
and the salary differential, as well as the
allocation or reallocation, will be effec-
tive from beginning of such pay period..
Postal Service applicability generally-term
"employments in the Postal Service,"
as used in sec. 2, Classification Act of 1923,
specifying exceptions to Act, does not in-
clude all employments under P. O. Dept.;
and such exceptions relate only to positions
in Postal Service for which salary rates
were fixed in Postal Service Reclassifica-
tion Act of 1925, or in other statutes relat-
ing to Postal Service....
Prior to acquiring of civil service status-it is
unnecessary to await covering of position
into competitive classified civil service
before taking action to bring such positions
within the Classification Act................
Reallocations-administrative record keep-
ing of those occurring during military
service of employees-no objection to ad-
ministrative recording of changes in status
of employees on military duty who, when
restored to their civilian positions, under
existing law will be entitled to benefit of
any reallocation of their positions, and
who, under Exec. Order 8882, saving to
them "without loss of seniority" the
right to within-grade salary advancements
authorized by act, Aug. 1, 1941, will be en-
titled to any automatic promotions that
would have accrued to them during their
absence had they remained in civilian serv-
ice. 20 C. G. 789, amplified....
Transfers:

Initial salary rates:

Employee unqualified for detailed posi-
tion after automatic promotion-an
employee who has been given a with-

Page CLASSIFICATION—Continued.
Transfers-Continued.

947

947

202

541

1007

Initial salary rates-Continued.
in-grade salary advancement under
act of Aug. 1, 1941, while still serving
a "trial period" in a new position, and
who fails to meet the requirements of
such new position may be transferred
to duties allocated in a higher or lower
grade, in which event his initial salary
rate would be controlled by rules
stated in prior decisions of the Comp-
troller General..

Temporary census employees retrans-
ferred to permanent rolls-a nonclassi-
fled temporary census employee re-
stored under special provisions of sec. 3,
act, June 18, 1929, to a former perma-
nent position status on the Census
Bureau permanent roll is entitled,
contrary to rule generally applicable
to transfers from nonclassified to classi-
fied positions, to be restored not on
basis of his salary status in the tempo-
rary position but on basis of his previ-
ous permanent-roll salary status, plus
any increase to which he would have
been entitled by operation of law had
he remained on the permanent roll...
Unclassified to classified positions-a
nonclassified temporary census em-
ployee restored under special provisions
of sec. 3, act, June 18, 1929, to a former
permanent position status on the Cen-
sus Bureau permanent roll is entitled,
contrary to rule generally applicable
to transfers from nonclassified to
classified positions, to be restored not
on basis of his salary status in the
temporary position but on basis of his
previous permanent-roll salary status,
plus any increase to which he would
have been entitled by operation of law
had he remained on the permanent
roll.......

CLOTHING:

See also, Personal furnishings.
Burial purposes-War Dept. personnel-
where a deceased person entitled to the
benefits of the act of May 17, 1938, author-
izing appropriations to be made for funeral
expenses of certain Army and War Dept.
personnel, leaves no available outer cloth-
ing with which to clothe his remains, the
appro. made by the War Dept. Civil
Appro. Act, 1942, under heading "Ceme-
terial Expenses" to carry out purposes of
said act of May 17, 1938, is available for the
purchase of suitable clothing for this pur-
pose, including articles of uniform for
Army officers who die while in active
service..
Civilian-on discharge applicability
Navy provisions to Coast Guard personnel
-al though Coast Guard at present is

of

CLOTHING-Continued.

operating as part of Navy, appros. in act
of Feb. 7, 1942, for Coast Guard are sep-
arate 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
men upon discharge otherwise than
honorably does not operate to increase
value of civilian clothing that may be
furnished Coast Guard enlisted men under
said section when similarly discharged....
Uniforms:

Burial purposes-Army personnel where
a deceased person entitled to the benefits
of the act of May 17, 1938, authorizing
appropriations to be made for funeral ex-
penses of certain Army and War Dept.
personnel, leaves no available outer
clothing with which to clothe his re-
mains, the appro. made by the War
Dept. Civil Appro. Act, 1942, under
heading "Cemeterial Expenses" to carry
out purposes of said act of May 17, 1938, is
available for the purchase of suitable
clothing for this purpose, including
articles of uniform for Army officers who
die while in active service
Naval reservists:

Issuance authority applicability to Fleet
Reserve-right under Title III, sec.
303, Naval Reserve Act of 1938 to an
issue of uniforms, etc., upon first re-
porting for active duty in time of war
or national emergency is limited to
members of components of Naval
Reserve mentioned in heading of said
Title III, namely, the Organized Re-
serve, Merchant Marine Reserve, and
Volunteer Reserve, and, therefore,
members of the Fleet Reserve are not
entitled to issue of uniforms, etc., pro-
vided therein..
Peacetime allowance payment when re-
porting in time of war or national
emergency-upon first reporting for
duty in time of war or national emer-
gency at a location where uniforms are
required to be worn, commissioned
and warrant officers of the Naval
Reserve who have not previously re-
ceived the $100 peacetime uniform al-
lowance authorized by sec. 302, Naval
Reserve Act of 1938, are entitled to that
allowance as well as to the further sum
of $150 authorized by the same section
for the purchase of required uniforms
when first reporting for active duty in
time of war or national emergency....
Nurses:

Gratuitous issuance:
Army Nurse Corps-discussion of the
origin and history of the gratuitous
issuance of clothing to members of
the Army Nurse Corps (female)....

Page CLOTHING-Continued.
Uniforms-Continued.
Nurses-Continued.

890

673

356

739

702

Gratuitous issuance-Continued.
Navy Nurse Corps-unless and until
there is definite and specific statu-
tory provision therefor, members
of the Navy Nurse Corps (female)
may not be gratuitously issued
clothing in excess of that upon
which appropriations have been
based since the act of Jan. 22, 1923,
which for the first time provided
for the authorized issue of clothing
and equipment to members of said
Nurse Corps...

Officers' Reserve Corps:
Commissioned more than 3 years prior
to uniform allowance authorias-
tion-member of Officers' Reserve
Corps commissioned more than 3
years prior to either Sept. 26, 1941, or
uniform and equipment allowance
act of May 14, 1940, who was accepted
for extended active duty either prior
to subsequent to Sept. 26, 1941. and
who has received no allowance for
uniforms and equipment, is entitled
or receive active-duty uniform and
equipment allowance authorized by
first proviso of sec. 2, act, Mar. 9, 1942,
if he has otherwise met terms of the
act..
Commission, promotion, etc., above
grade of captain:

Active-duty uniform and equipment
allowance authorized by sec. 2, act,
Mar. 9, 1942, for members of Officers'
Reserve Corps commissioned prior
to Sept. 26, 1941, is not limited by
provision of said section authorizing
payment of allowance to officers of
Army of U. S. "originally commis
sioned below the grade of major" on
or subsequent to Sept. 26, 1941, so
that a Reserve officer commissioned
above grade of captain prior to Sept.
26, 1941, or promoted or reappointed
above such grade, without a break
in service, either prior or subsequent
to that date, may receive the allow-
ance if otherwise entitled thereto
Member of Officers' Reserve Corps
who was commissioned below grade
of major prior to Sept. 26, 1941, but
after break in service was appointed
in grade above grade of captain on or
subsequent to that date, is not
entitled to the active-duty uniform
and equipment allowance author-
ized by sec. 2, act, Mar. 9, 1942, for
Reserve officers commissioned prior
to Sept. 26, 1941, and for persons
originally commissioned in Army of
U. S. below grade of major on o
subsequent to that date.

Page

712

10238