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..
Alien employment restrictions. See Aliens, service in military, etc., forces. Attributes discussed..
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:
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
Arising in prior enlistments-Contin Claims for quarters allowance pendents-Continued. Direct settlement v. payment bursing officer-Continued of dependency, and if clain found entitled to benefits of payment may be made by ing officer for entire period o While general rule is that di officers shall pay items of allowances to enlisted men current enlistment only, s will be relaxed to permit pay disbursing officers of prope for money allowance autho act, Oct. 17, 1940, for qua dependents involving pe both prior and current enl where men are now in ser there was no break in se tween prior and current enli Jurisdiction-in general-genera that disbursing officers shall p of pay and allowances to enliste their current enlistment only Assignments:
Bills of lading. See Claims, ass contracts, bills of lading. Contracts:
Aggregate amount V. amounts-where carrier signed all moneys due fo on a vessel, and Govt. bill representing numerous on the vessel constitute contract for the transport assignment may be under Assignment of Clai 1940, only with respect to bill of lading which invol ment of $1,000 or more.... Status as a contract for a purposes-Govt. bill of la stitutes a contract for tran of the goods involved an comes within authority ment of Claims Act of 194 moneys due or to become o a contract providing for aggregating $1,000 or more Check payees and delivery- assignment of amount due u of lading may not be recogn Assignment of Claims Act cause amount is less than s ment should be made in th the transportation compan check mailed in care of assi Permissible assignees-insur panies an individually ow ance agency not regularly business of financing, apart credit as may be extende with whom it deals in conn and as incidental to carryi
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.:
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.....
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__
Custodial Service employees of P. O. Dept., generally-discussion of erroneous com- 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, there is no objection to eliminating the position
CLASSIFICATION-Continued. Field Service-Continued.
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---- 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
Page CLASSIFICATION-Continued.
Positions outside United States-Con Effect of employee's citizenship sta
place of hire-Continued. which citizens of the United St recruited" and which are locate tain areas outside U. S., it o been determined that a positio ered by the Exec. order and th tion made, neither alloca position nor payment of sala ential in that grade is aff citizenship status of an in incumbent...
Initial allocation of existing p effective date-rule that allo reallocation of position app Civil Service Commission from beginning of pay peri when notice of approval is administrative office should to the allocation or reallocat tions within purview of E 8955, extending classification establishing a salary diffe civilian positions in War Depts. in certain areas ou and the salary differential, allocation or reallocation, wi from beginning of such pay Native schedule positions a citizen class of positions- "positions ⚫ ⚫ for w
of the United States are Exec. Order 8955, extend tion act to civilian positio Navy Depts. in certain U. S. and establishing a tial therefor, has effect of e classes of positions which been filled by natives pai schedules, and of includ classes of positions duties ly are performed by Am question of category in cular class falls being fo by administrative office Civil Service Commissio New positions: Compensation rate pay location of position: Where final allocation Service Commissio certain positions in Depts. outside U. tions the classifica extended by Exe delayed for extend distances and oth involved, no objec to administrative tentative salary subsequent adjust pending the final Where, notwithstar that new position from identical add
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:
Employee unqualified for detailed posi- tion after automatic promotion-an employee who has been given a with-
Page CLASSIFICATION-Continued. Transfers-Continued.
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- fied 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......
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 of Navy provisions to Coast Guard personnel -al though Coast Guard at present is
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)....
Uniforms-Continued. Nurses-Continued.
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 authoriza 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 gride above grade of captain on of 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 or subsequent to that date.......
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