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to be composed of a private citizen conversant with the problems incident to the employment of the blind and a representative of each of the following Government Departments: The Navy Department, the War Department, the Treasury Department, the Department of Agriculture, the Department of Commerce, and the Department of the Interior. The members of the committee shall be appointed by the President, shall serve without additional compensation, and shall designate one of their number to be chairman.

SEC. 2. It shall be the duty of the committee to determine the fair market price of all brooms and mops and other suitable commodities manufactured by the blind and offered for sale to the Federal Government by any non-profit-making agency for the blind organized under the laws of the United States or of any State, to revise such prices from time to time in accordance with changing market conditions, and to make such rules and regulations regarding specifications, time of delivery, authorization of a central non-profit-making agency to facilitate the distribution of orders among the agencies for the blind, and other relevant matters of procedure as shall be necessary to carry out the purposes of this act: Provided, That no change in price shall become effective prior to the expiration of fifteen days from the date on which such change is made by the committee.

SEC. 3. All brooms and mops and other suitable commodities hereafter procured in accordance with applicable Federal specifications by or for any Federal department or agency shall be procured from such non-profit-making agencies for the blind in all cases where such articles are available within the period specified at the price determined by the committee to be the fair market price for the article or articles so procured: Provided, That this act shall not apply in any cases where brooms and mops are available for procurement from any Federal department or agency and procurement therefrom is required under the provisions of any law in effect on the date of enactment of this Act, or in cases where brooms and mops are procured for use outside continental United States.

The requirement of section 3 of the quoted act, that mops and brooms and other suitable commodities be procured from non-profitmaking agencies for the blind where such agencies are able to furnish them under the conditions specified in the act, is specifically made applicable to procurement by any Federal department or agency as well as to procurements for any Federal department or agency. Furthermore, such requirement is not limited by the terms of the act to cases where the cost of the commodities ultimately would be borne by the Government, but, rather, it is made applicable "in all cases" where the commodities are procurable under the conditions specified. Moreover, the language employed in the act is so clear as to be free from any ambiguity which would permit, by interpretation or construction, a departure from the plain requirements of the act.

I have to advise, therefore, that the requirements of section 3 of the act of June 25, 1938, must be observed in the procurement by the Navy Department of the commodities described in said act, even in cases where the cost of such commodities ultimately will be borne by enlisted men of the Navy.

Section 2 of the above-quoted act provides that it shall be the duty of the Committee on Purchases of Blind-made Products to determine the fair market price of all brooms and mops and other suitable commodities manufactured by the blind and offered for sale to the Federal Government by any non-profit-making agency for the blind organized under the laws of the United States or of any State, and to revise such prices from time to time in accordance with changing

market conditions. Of course, the fact that whisk brooms may in certain instances be purchased from commercial firms at prices below those fixed by the said committee for blind-made whisk brooms does not establish that the prices so fixed are in excess of the fair market value of the blind-made whisk brooms. However, in this connection, note the statements in the debate in the House of Representatives (Congressional Record, vol. 83, part 8, pp. 9110-9116) on the bill, S. 2819, 75th Congress, 3d Session, which later became the act of June 25, 1938, supra, to the effect that blind-made mops and brooms could be successfully manufactured and sold by non-profit-making agencies for the blind at prices below those charged by commercial enterprises. If it is believed that payment of the prices fixed for whisk brooms by the Committee on Purchases of Blind-made Products will work a hardship on the enlisted men of the Navy for whom such articles are purchased, it is suggested that the matter may be brought to the attention of the committee for appropriate action by the Navy Department's representative on said committee.

(B-21687)

POSTAL SERVICE—TEMPORARY CLERKS AT DIVISION HEADQUARTERS OF POST-OFFICE INSPECTORS-AUTHORITY FOR APPOINTMENT; SALARY RATES

In the absence of an express provision to the contrary, a lump-sum appropria tion for personal services is available for both permanent and temporary employees. The appropriation item contained in the fiscal year 1942 appropriation for the Post Office Department for clerks at division headquarters cf post-office inspectors is available for the payment of compensation to temporary, as well as permanent, employees appointed with the approval of the Civil Service Commission, but the total number of both permanent and temporary employees on the roll in a pay status at any one time during the current fiscal year may not exceed the number specified in said appropriation item. The statutory minimum salary rate (39 U. S. C. 698) of clerks at division headquarters of post-office inspectors is applicable to both permanent and temporary employees, and, therefore, the salary rate of a temporary clerk at such headquarters who is not employed as a substitute pursuant to 39 U. S. C. 699 to perform the work of a permanent employee absent on furlough or leave without pay may not be less than the statutory minimum. Comptroller General Warren to the Postmaster General, November 24, 1941: I have your letter of November 6, 1941, as follows:

Your attention is invited to the provisions of 39 U. S. C., sections 698 and 699, providing for the employment of clerks at division headquarters of post-office inspectors. The annual appropriation act for the postal service limits the number of such clerks to 194.

Your decision is requested whether some of the 194 positions provided for in the appropriation act may be filled by temporary rather than permanent employees-it being understood, of course, that such temporary employees would be selected in accordance with Civil Service rules and upon the certificate of the Civil Service Commission.

It is further requested that you advise if the answer to the above question is in the affirmative whether it is compulsory that such temporary employees be paid not less than $1,900 per annum or whether it is discretionary with the department to employ them at a lesser rate.

This is a field force established for duty at the offices of post-office inspectors in charge of divisions. The duties of these clerks are to perform all varieties of office work necessary to assist inspectors in charge in the administration of field divisions, and to perform stenographic and other office work for post-office inspectors working at division headquarters. From time to time unusual circumstances arise necessitating the concentration of an unusual number of postoffice inspectors at a division headquarters, causing a temporarily increased need for clerical personnel at that point. When such unusual conditions subside, the previously established allocation of clerical positions between the several field divisions again becomes satisfactory.

The Department is aware that under some conditions clerks might be directed to travel from one division headquarters to another for the performance of such temporary duties; however, even when such action would be legally permissible, it might be more expensive to the Government than to employ temporary division headquarters clerks at the point where the unusual work temporarily exists.

It is assumed that if temporary clerks may be employed the number of Division Headquarters clerks, including both temporary and permanent clerks, will have to be kept within the limitation prescribed by the appropriation act. Sections 698 and 699, title 39, U. S. Code, provide as follows:

Clerks at division headquarters; grades; promotions; transfer of clerks or carriers in City Delivery Service to positions of clerks at division headquarters. -Clerks at division headquarters of post-office inspectors shall be divided into six grades, as follows:

Grade 1-salary, $1,900; grade 2-salary, $2,000; grade 3-salary, $2,150; grade 4 salary, $2,300; grade 5 salary, $2,450; grade 6-salary, $2,600; and there shall be one chief clerk at each division headquarters at a salary of $3,000. In the readjustment of grades for clerks at division headquarters to conform to the grades herein provided, clerks in each of the grades existing on December 31, 1924, shall be included in the grade of the same number herein provided. Clerks at division headquarters shall be promoted successively to grade 5 at the beginning of the quarter following a year's satisfactory service in the next lower grade and not to exceed 35 per centum of the force to grade 6 for meritorious service after not less than one year's service in grade 5, and the time served by clerks in their grades on December 31, 1924, shall be included in the year's service required for promotion in the grades provided herein. Whenever in the discretion of the Postmaster General the needs of the service require such action, he is authorized to transfer clerks or carriers in the City Delivery Service from post offices at which division headquarters of post-office inspectors are located to the position of clerk at such division headquarters after passing a noncompetitive examination at a salary not to exceed $2,300. After such transfer is made effective clerks so transferred shall be eligible for promotion to the grades of salary provided for clerks at division headquarters of post-office inspectors. (Feb. 28, 1925, c. 368, § 2, 43 Stat. 1055.) Same; substitutes.-When any clerk in the office of division headquarters in the post-office inspection service is absent from duty for any cause other than leave with pay allowed by law, the Postmaster General, under such regulations as he may prescribe, may authorize the employment of a substitute for such work, and payment therefor from the lapsed salary of such absent clerk at a rate not to exceed the grade of pay of the clerk absent without pay. (Feb. 28, 1925, c. 368, § 2, 43 Stat. 1056.)

The appropriation act for the Treasury and Post Office Departments for the fiscal year 1942, approved May 31, 1941, Public Law 88, 55 Stat. 229, contains the following item:

Clerks, division headquarters: For compensation of one hundred and ninetyfour clerks, at division headquarters of post-office inspectors, $483,975.

In the absence of an express provision to the contrary, a lump-sum appropriation for personal services is available for both permanent and temporary employees. See 14 Comp. Gen. 785, wherein wast

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market conditions. Of course, the fact that whisk to
certain instances be purchased from commercial firms
those fixed by the said committee for blind-made wi
not establish that the prices so fixed are in excess of t
value of the blind-made whisk brooms. However,
note the statements in the debate in the House
(Congressional Record, vol. 83, part 8, pp. 91
S. 2819, 75th Congress, 3d Session, which later
June 25, 1938, supra, to the effect that blind-m
could be successfully manufactured and sold 1.
agencies for the blind at prices below those o
enterprises. If it is believed that payment
whisk brooms by the Committee on Purchases of
will work a hardship on the enlisted men of ti
articles are purchased, it is suggested that the
to the attention of the committee for approp
Department's representative on said com

(B-21697:

POSTAL SERVICE-TEMPORARY CLF...
TERS OF POST-OFFICE INSPECTC
MENT; SALARY RATES

In the absence of an express provision
tion for personal services is avai
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Service Commission, but the to
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The statutory minimum salary
quarters of post-office in
porary employees, and. 1:
such headquarters who
U. S. C. 699 to perform
or leave without pay m
Comptroller General Warre
I have your letter of N

Your attention is invited providing for the employ inspectors. The annual a5 ber of such clerks to 194

Your decision is requested where

the appropriation act may be

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be selected in accordance wit
Civil Service Commission.
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Office of the Secretary of War, it is proximately 25,000 Personnel Code Sheets punch and verify 25,000 Personnel Statisce code numbers and mechanically interequire the services of about twenty-five

S and the rental of three punching ng machines, type 054. It is very im..datory provisions of the Ramspeck Act De completed not later than December 12, allation of the required machines or for and perform related duties. Moreover, e to secure experienced personnel, or to e to complete the work by December 12. vernment agencies are not in position to that it can be completed commercially by to invite bids and enter into a contract

Ordnance it is necessary in connection with do considerable posting from transfer posting on International business machines, type 405, to spare parts control cards. The day and rating the five transfer posting machines have rent incident to the installation of a large numtion with new and enlarged activities. Even for the rental and installation of additional mae to secure experienced employees to operate them loyees in sufficient time to avoid serious delay. h have been contacted are not in position to perservices. It is therefore desired to invite bids and . posting of approximately 350,000 cards which will operators and the use of five machines with necessary approximately one month.

Quartermaster General, owing to a tremendous in.1 engaged in Quartermaster Corps activities in the ted a large number of field approved appointments appropriate records. It has been physically impossible for the reason that while the existing loose-leaf system mal conditions it is not adaptable for use under present onsequently, posting is necessarily awkward and slow, tem must be installed in order to maintain the records of employees. It is not possible to provide additional ⚫owing to an acute shortage of space. It is also apparent i a visible index system will result in considerable savings

in.

have the work done by employees of other Governmental cessary to keep the records in the office for constant use ald inexperienced employees be added for night duty they ant supervision, which could only be provided by employees y duty and whose services could not be spared for supervisory

ertained that it would be possible to have the work and red by a commercial concern which could furnish supervisors experienced in the installation and operation of the system Popying of all necessary data on die-cut cards, such as name, .y. date position was authorized, name of post, corps area, title on, verification of accuracy, transcription, sorting, filing in proper ndexing of files in proper sequence, in order that the records can er complete and ready for operation).

fore desired to invite bids and enter into a contract for this work which it is estimated can be completed within forty working nights

of fifty employees working six hours Tews are requested as to whether co based work and services, payable f

penses, War Department, 1942,"

plles, Army, 1942," or "Pay of the expenses under authority contai Approved June 30, smuc

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er night, five nights a week. may properly be made for r the appropriation "Conats from "Ordnance service " made available for confilitary Appropriation Act, atters are urgent, an early

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