Exhibit loaned by NASA to TAW
Insurance premiums
Under long-standing policy of the Government that it is self-insurer
and will not purchase commercial insurance against loss or damage to its
own property, insurance should not have been purchased on a NASA
exhibit loaned to a unit of the Air Force for display purposes. However,
since self-insurance principle is one of policy rather than positive law
and instant insurance coverage was issued in good faith, premium may
be paid___
Dependents. (See MILITARY PERSONNEL, Dependents)
Alaska Railroad. (See ALASKA RAILROAD)
Dependents
Alternate locations
When dependents of employee are not permitted to accompany him
to post of duty outside continental U.S.., or in Hawaii or Alaska, and
are transported to alternate location under authority of 5 U.S.C. 5725,
employee is entitled to transportation expenses for those dependents
incident to own entitlement to renewal agreement travel under 5 U.S.C.
5728(a) based on cost of travel between alternate location and em-
ployee's place of actual residence at time of appointment or transfer to
post of duty..
Notwithstanding Federal Travel Regulations (FPMR 101-7) para.
1-7.5, round-trip travel expenses of employee incident to vacation leave
may be paid pursuant to FTR para. 2-1.5h(2)(b) because leave pro-
visions of former paragraph, dealing with interruptions of official travel,
are inapplicable to overseas tour renewal agreement travel which is
governed by latter section__
Vacation leave
Leave-free travel time
Employee, whose duty station is at Juneau, Alaska, must be charged
annual leave for each day he would otherwise work and receive pay while
on vacation leave, irrespective of when he commenced or completed
travel, because 5 U.S.C. 6303(d), which provides leave-free travel time
for employees whose duty station is outside the United States, does not
apply to travel from Alaska, which is a State__
Ferry system
Transportation of privately owned automobiles
Incident to permanent change of station Coast Guard member's
privately owned vehicle was transported via Alaska State Ferry System
from Juneau, Alaska, to Seattle, Washington. Member is entitled to
such transportation at Govt. expense since "privately owned American
shipping services," as used in 10 U.S.C. 2634 authorizing transportation
at Govt. expense of a privately owned motor vehicle of member of armed
force ordered to make permanent change of station, includes State-
owned vessels..
ALASKA-Continued
Hotel-motel tax
Federal employees
Cost of hotel or motel room to BIA employees on official business is
sum of rental fee plus applicable taxes. Legal incidence of Anchorage,
Alaska, hotel-motel rental tax is on the Federal employee when Gov-
ernment reimburses its employees via per diem or actual expenses al-
lowance. Constitutional exemption from State and local taxes does not
apply when Government is not itself contractually obligated to hotel-
motel, even though it has voluntarily assumed economic burden thereof..
Indian students' housing
When Bureau of Indian Affairs (BIA) contracts with hotel or motel
to provide housing and subsistence to Indian students in transit, the
Federal agency and not the beneficiary is the renter. The legal incidence
of the hotel-motel rental tax imposed by Anchorage, Alaska, therefore,
falls on the BIA which is constitutionally immune from State and local
taxes. 53 Comp. Gen. 69 is modified accordingly.
Station allowances
Military personnel. (See STATION ALLOWANCES, Military personnel,
Excess living costs outside United States, etc.)
ALASKA RAILROAD
Employees
Compensation
Aggregate limitation
Other than classified positions
Amount in lieu of the cost-of-living allowance may be paid to em-
ployees in Alaska of Federal Railroad Administration, Dept. of Trans-
portation, whose pay is fixed administratively, since statutory provisions
limiting such salaries to amounts not in excess of salaries of specified
grades under General Schedule refer to basic compensation rates in
subch. I, Ch. 53, Title 5, U.S. Code, not to allowances in Ch. 59, Title 5,
U.S. Code...
ALLOWANCES
Cost-of-living allowances
Overseas employees. (See FOREIGN DIFFERENTIALS AND OVER-
SEAS ALLOWANCES, Territorial cost-of-living allowances)
Basic allowance for quarters (BAQ). (See QUARTERS ALLOWANCE,
Basic allowance for quarters (BAQ))
Member with dependents. (See TRANSPORTATION, Dependents,
Military personnel, Dislocation allowance)
Evacuation. (See FAMILY ALLOWANCES, Evacuation)
Excess living costs outside United States, etc. (See STATION ALLOW-
ANCES, Military personnel, Excess living costs outside United
States, etc.)
Family separation allowances. (See FAMILY ALLOWANCES, Separa-
tion)
Temporary lodgings. (See STATION ALLOWANCES, Military personnel,
Temporary lodgings)
Station allowances. (See STATION ALLOWANCES)
ANTIDEFICIENCY ACT. (See APPROPRIATIONS, Deficiencies, Antidefi-
ciency Act)
Negotiated contracts. (See CONTRACTS, Negotiation, Anti-Kickback
Act violations)
Subcontracts. (See CONTRACTS, Subcontracts, Anti-Kickback Act
violations)
APPOINTMENTS
Absence of formal appointment
Reimbursement for services performed
Army officer, assigned as Executive Assistant to Ambassador-at-Large,
retired from Army in anticipation of civilian appointment to that
position. After retirement he continued to serve as Executive Assistant
for 7 months before Dept. of State determined he could not be appointed.
Claimant is de facto officer who served in good faith and without fraud.
He may be paid reasonable value of services despite lack of appointment
in view of fact that had compensation been paid, claimant could retain
it under de facto rule or recovery could be waived under 5 U.S.C. 5584.
Although he was not paid, administrative error arose when claimant in
good faith entered on duty with understanding of Govt. obligation to
pay for services. On reconsideration, B-181934, Oct. 7, 1974, is overruled,
and 52 Comp. Gen. 700, amplified.
Conversion
Continuation v. new appointment
A renewed 30-day exemption from reduction in retired pay in the
fiscal year in which a retired Regular military officer's previous excepted
appointment as a consultant to a Federal agency is converted would be
in violation of the Dual Compensation Act (5 U.S.C. 5532). Where an
appointment conversion is merely in the nature of a continuation and an
extension of a previous excepted appointment, it is not a "new appoint-
ment" for purposes of applying the multiple appointment rule of 5 U.S.C.
5532 (c) (2) (ii), but is, instead, a routine personnel action___
Military personnel
Retired grade advancement
Navy officer whose permanent grade was rear admiral (0-8) and who
was serving as admiral (0-10) under 10 U.S.C. 5231, was transferred
directly to temporary disability retired list (TDRL) pursuant to 10
U.S.C. 1202 and then died before Senate could confirm him on the
permanent retired list as admiral (0-10) pursuant to 10 U.S.C. 5233.
Regardless of grade to which he was entitled on retired list under 10
U.S.C. 1372, or other law, under Formula No. 2, 10 U.S.C. 1401, such
member's retired pay while on the TDRL is to be computed on basic pay
of admiral (0-10) and Survivor Benefit Plan annuity based thereon____
Determination of rights and benefits
Dual Compensation Act
Where a retired military member consultant receives a second inter-
mittent appointment, and an entire fiscal year has intervened since the
expiration of the consultant's previous intermittent appointment, he is
not entitled to an additional 30-day exemption from reduction in military
retired pay if the second appointment appears to be only a renewal of
the initial appointment...
Relocation expenses incident to transfer
Employee who was separated by RIF by NASA and employed after
break in service of less than 1 month by term appointment with HEW,
may be reimbursed expenses of selling house at NASA duty station since
term appointment with HEW was "nontemporary appointment"
and eligibility for relocation expenses arose under that section incident
to RIF by NASA and employment by HEW.
APPROPRIATIONS
Agriculture Department
Domestic food programs
Continuing resolution
Appropriation of funds in continuing resolution for fiscal year 1976
for domestic food programs established under National School Lunch
Act and Child Nutrition Act confers upon Dept. of Agriculture necessary
authority to continue such programs until termination of continuing
resolution, notwithstanding expiration of funding authorization in
enabling legislation on Sept. 30, 1975-
Proviso in section of continuing resolution, which suspends effec-
tiveness of provisions in appropriation acts making availability of
appropriations contingent upon enactment of authorizing legislation,
was intended to apply only to appropriation bills prior to their final
enactment. Thus, enactment of appropriation act with such contingency
provision will supersede continuing resolution and will suspend avail-
ability of funds pending enactment of necessary legislative authority__
Allocations
Not specified in appropriation act
Allocation of Navy appropriation for DLGN nuclear powered guided
missile frigate program between DLGN 41 and DLGN 42, which was
based on Navy's budget request and contained in committee reports to
1975 Defense Dept. Appropriation Act, is not legally binding on Navy
since it was not specified in Appropriation Act itself...
Official travel reimbursement by private parties
Internal Revenue Service (IRS) proposal that it pay expenses of
employee attending meetings and accept reimbursement directly from
eligible tax exempt organizations, crediting such reimbursement to its
own appropriation, is not authorized by applicable statutes. Provisions
of 5 U.S.C. 4111 permit employee only to accept payments from eligible
organizations, which payments are to be deducted from amounts
otherwise due from employing agency. Moreover, in absence of specific
authority to accept voluntary contributions or travel reimbursements,
IRS would be requireed to deposit such funds into miscellaneous receipts
of the Treasury by 31 U.S.C. 484 (1970).
Silver-gold exchange
Space shuttle program-NASA
General Services Administration acted reasonably under section
201(c) of Federal Property and Administrative Services Act of 1949,
as amended, and its implementing Federal Property Management Regula-
tions, in disapproving proposed exchange of certain quantities of silver
for an equivalent dollar amount of gold. Since it appears that gold to
be acquired would not serve the same specific purpose as the replaced
silver, as required by regulations, proposed exchange is not of "similar”
items as required by section 201(c). 41 Comp. Gen. 227 distinguished.. 1268
Availability
Administrative Office of U.S. Courts
Court reporter fees
Whenever a Federal District Judge, pursuant to Rule 71A(h) of the
the Federal Rules of Civil Procedure, appoints a Land Commission to
hear suits for just compensation in land condemnation cases, and the
order of reference indicates a desire for the proceeding to be recorded,
attendance fees of the court reporter are chargeable to the appropriations
of the Administrative Office of United States Courts since the Judiciary
determines if reporter shall be in attendance and normally pays attend-
ance fees in other cases.
Employee, while on temporary duty, lost consciousness during a
high-blood-pressure seizure. Ambulance expense for his transportation
to hospital at temporary duty post is not reimbursable under Federal
Travel Regulations - - -
Bombing incident to rescue operation
Use of funds to make punitive bombing strikes, i.e., those unrelated to
protection of Mayaguez crew being rescued or forces protecting crew
would appear to be in contravention of seven funding limitation statutes.
However, Executive branch testimony indicates that bombing strikes
were related to the rescue operation_
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