TRAVEL EXPENSES-Continued. Military personnel-Continued.
Taxicabs-Continued.
Privately owned automobile in lieu of— Continued.
pensation Act of 1949, is subject to seven cents a mile maximum fixed by sec. 303a, Career Compensation Act of 1949......
An amendment of the Joint Travel Regs. to provide for reimbursement of parking fees in addition to mileage for members of uniformed services who use privately owned automo- biles, in lieu of public transportation, for official travel from home or duty station to common carrier terminal would be proper and in consonance with sec. 2(m), act of Sept. 1, 1954, 40 U.S.C. 491 (m), which was de- signed to allow travel expenses to members of uniformed services on same basis as for civilian employees, provided that mileage is limited to one round trip and that parking fees plus mileage do not exceed taxi fare. B-126978, May 17, 1956, modified........
Overseas employees
Constructive travel costs
Use of other than authorized mode In computing constructive home leave travel costs for overseas employee who was unable to use available family-plan airline rate for travel in U.S. because he used a vessel instead of authorized air transportation for trip from overseas station to U.S. and who was unable to use family-plan rate on return trip because he de- parted prior to time required for di- rect return travel to overseas station for purpose of using annual leave at another place in U.S., family-plan airline rate should be used, notwith- standing family-plan rate was not available on days employee actually traveled; therefore, employee is lia- ble for excess travel costs.-----. The rule that, when family-plan air- line rate is lowest first-class rate available, such rate is for use in determining constructive travel costs for overseas employees is for applica- tion when travel is performed by modes other than as authorized in travel orders and when travel is per- formed to place other than place of actual residence, provided a more restrictive administrative regulation has not been adopted or orders do not limit cost comparison to the accommodations actually used.----
Residence determination-overseas em- ployee who designated same place (Kansas City, Mo.) as U.S. residence
Page TRAVEL EXPENSES-Continued. Overseas employees-Continued. Home leave-Continued.
at time of transfer overseas and at time of executing reemployment agreement but who, after completion of home leave travel when he visited Kansas City and Nashville, Tenn., requested amended travel order to show Nash- ville as actual residence has not estab- lished that error in residence designa- tion was made but rather evidence establishes that employee's actual place of residence at time of transfer was Kansas City; therefore, payment of round-trip home leave travel at Govt. expense to other than em- ployee's residence in Kansas City may not be made.................. Travel status-overseas employees who become ill or incapacitated during period of home leave may not be re- garded as in travel status after arrival at home leave point to come within purview of sec. 6.5a, Stand. Govt. Travel Regs., which permits continu- ation of per diem for travelers who take leave because of illness or injury, provided they are in fact in official travel or temporary duty status away from or en route to official station; therefore, employee's travel status having terminated on arrival at home leave point, he is not entitled to per diem for subsequent period of illness and his travel status did not commence again until he began travel to tem- porary point for consultation duty..... Private parties-use of sec. 5, Administrative Expenses Act of 1946, authority-notwith- standing act of Sept. 2, 1958, which author- ized establishment of Commission on International Rules of Judicial Procedure, does not contain provision for payment of travel, subsistence and other necessary expenses for two State govt. commission members but does contain provision for such expenses as are authorized by sec. 5, Admin. Exp. Act of 1946, 5 U.S.C. 73b-2, for members of Advisory Committee appointed under 1958 act, it does not follow that payment of travel expenses to two State govt. members must be denied; therefore, in view of fact that use of sec. 5, 5 U.S.C. 73b-2, for persons serving without compensation does not require other affirmative statutory authority, the two State govt. members may be considered as persons serving without compensation for payment of travel expenses.... Temporary duty-after departure on leave- payment basis-an employee whose au- thorized leave of absence away from per- manent duty station is temporarily inter- rupted because he is recalled to duty, or because he is ordered to perform temporary
TRAVEL EXPENSES-Continued.
duty at another place, and employee wishes to resume leave status immediately after completion of official duty, travel expenses not to exceed cost of travel from place where leave was interrupted to place where duty was performed and return may be authorized, provided a statement is included in travel order that admini- strative determination was made that it would be unreasonable to require employee to assume additional travel expense in compliance with temporary duty----- Witnesses Appearances
involving employment— activity v. criminal matter--Govt. em- ployee witness who is ordered to be available and to testify in grand jury proceedings concerning facts acquired in assigned duties is to be regarded as appearing as witness in case involving activity with which employed within purview of 28 U.S.C. 1823 (a) and is, therefore, only entitled to travel and per diem allowances provided in that section, which allowances are payable from appropriations of employing agency. Postal service employees-postal employee who, during period when ordered to be available for pretrial conferences and to testify in grand jury proceedings con- cerning facts acquired in assigned duties, was converted from substitute to regular clerk may have litigation time regarded as time worked; however, while em- ployee had substitute status, he is entitled to witness fees and mileage under 28 U.S.C. 1821, but is precluded by sec. 605(b), Postal Field Service Compensation Act of 1955, from receiv- ing overtime, but after assignment as regular clerk he is restricted to travel allowances in 28 U.S.C. 1823(a), but may receive overtime for witness time which was in addition to performance of regular night duties.....
VEHICLES Gasoline purchase with coupon books. (See Payments, advance, coupon books, etc.) Government-liability insurance-overseas automobiles-although authority for pro- curement of insurance on Govt.-owned automobiles in foreign countries granted to Dept. of State by act of Aug. 1, 1956, 5 U.S.C. 170h (a), and extended to Foreign Agricultural Service under Dept. of Agriculture and Farm Credit Admin. Appropriation Act, 1958, makes appro- priations for Foreign Agricultural Service available for purchase of insurance for vehicles of that Service, such specific authority for only one agency indicates that other appropriations of Dept. of Agriculture would not be available for insurance on overseas vehicles of Agricul- tural Research Service even though other
than monetary considerations in foreign countries would make such insurance coverage advantageous to Govt....... Rental-credit cards. (See Credit Cards, in lieu of receipt) VESSELS
Sales-price-depreciation allowance-in the determination of sales price for certain ves- sels authorized to be sold to a foreign coun- try, pursuant to act of May 14, 1960, P.L. 86-473, 73 Stat. 143, the depreciation allow- ance given to purchasers is for computation on statutory sales price before such sales price is reduced by prior payments in ac- cordance with explanation given by mem- ber of conference committee when the con- ference report on the bill, which became act of May 14, 1960, was being considered, which explanation is regarded as having more weight than an earlier statement made, at time of its passage by the Senate, by the chairman of legislative committee which reported the bill, to the effect that depreciation allowance was to be com- puted on sales price after reduction of con- tract payments... Transportation and travel expense matters. (See Transportation, vessels) VETERANS ADMINISTRATION Employees-leave-the act of July 28, 1959, 38 U.S.C. 235, which granted to Veterans Admin. employees, who are U.S. citizens employed in the Republic of the Philip- pines, certain benefits accorded Foreign Service personnel must be applied prospec- tively, in absence of express or implied language required for retroactive construc- tion, so that creditable service for home leave begins to accrue for such employees on July 28, 1959, and such leave should be recorded and available for use without limitation pursuant to 5 U.S.C. 2062f, but no lump-sum payment is authorized for any unused home leave..... VIRGIN ISLANDS Contracts
Appropriation availability
Under act of Sept. 2, 1958, 48 U.S.C. 1407c (o), which authorizes construc- tion of salt water distillation facilities in St. Thomas, Virgin Islands, but re- quires principal contract for construc- tion to be submitted to House and Senate Committees on Interior and Insular Affairs, a conditional contract for purchase of salt water distillation unit-as distinguished from contract for power equipment or for installa- tion-may be regarded as principal contract....
Under authority granted to Virgin Is- lands Corp. to construct salt water dis- tillation facilities in St. Thomas, by act of Sept. 2, 1958, 48 U.S.O. 1407c(o),
VIRGIN ISLANDS-Continued.
Contracts-Continued.
Appropriation availability-Continued.
which requires that principal contract for construction be submitted to House and Senate Committees on In- terior and Insular Affairs for period of 45 days prior to execution, and in ab- sence of appropriation for such con- struction, a proposal to advertise for bids, to evaluate bids, and to prepare conditional contract subject to ap- proval of respective Congressional Committees and contingent upon fu- ture appropriation by Congress of suf- ficient funds to make payment under contract would comply with law and protect interests of Govt., provided provision is included to effect that no legal liability on part of Govt. for pay- ment of any money shall arise until appropriation has been made.. 340 Notice of award of a Virgin Islands con- struction contract under which Govt. might become obligated to make pay- ment to contractor prior to July 1, when appropriation for project be- comes available, may not be given, notwithstanding contracting officer indicates he could delay approval of payment so it would not be made until after July 1, since such delay beyond reasonable time would not be effective against contractor; however, an agree- ment which provides for early com- mencement of work, upon condition that Govt. will not be under any obligation to make payment prior to availability of appropriation, may be made... 776 VOUCHERS AND INVOICES
Supporting documents
Credit cards. (See Credit Cards, in lieu of receipt)
Interagency services-a certification on voucher for reimbursement for services and materials performed under inter- agency agreement when voucher is not supported by evidence that services and materials ordered were furnished and accepted would be meaningless and not within contemplation of act of Dec. 29, 1941, 31 U.S.C. 82c, which makes it responsibility of officer or em- ployee certifying voucher to ensure that facts stated or certified are correct and that proposed payment is lawful under appropriation or fund chargeable......
WITNESSES Government employees-travel expenses. (See Travel Expenses, witnesses) Indigent defendants-costs. (See Courts, costs, Government liability, indigent per- sons)
Military courts-fees. (See Courts, wit- nesses, fees, pretrial, etc., services)
Page WORDS AND PHRASES "Active duty" Provision in sec. 208, Naval Reserve Act of 1938, which excluded two months of obligated active duty in each 4-year pe- riod which enlisted members were re- quired to perform after transfer to Fleet Reserve for recomputing retainer and retired pay based on active service after retirement or transfer, was effective until repeal by act of Aug. 10, 1956, so that such active duty performed prior to Aug. 10, 1956, is not creditable to increase retired pay; however, in view of definition of active duty in 10 U.S.C. 101(22), such training duty performed after Aug. 10, 1956, by enlisted members after transfer to Fleet Reserve is to be regarded as active duty for increasing retainer or re- tired pay under 10 U.S.C. 1402(a) 217 Although active duty for training per- formed on or after Aug. 10, 1956, by mem- ber of reserve component of Armed Forces may be considered as active duty to determine eligibility for, or the amount of, lump-sum readjustment pay under act of July 9, 1956, such duty per- formed prior to Aug. 10, 1956, may not be considered as active duty for those pur- poses because change in definition of active duty to include training duty con- tained in act of Aug. 10, 1956, does not apply retroactively... Inclusion in definition of "active duty" in 10 U.S.C. 101(22), which was enacted into positive law by act of Aug. 10, 1956, of "full time training duty" requires ap- plication of such definition to service performed by members of reserve com- ponents of Armed Forces after such date rather than more restrictive definition in sec. 101(b), Armed Forces Reserve Act of 1952; therefore, member of reserve component may have periods of active duty for training performed on or after Aug. 10, 1956, credited as part of continuous active duty necessary for eli- gibility for lump-sum readjustment pay- ment prescribed in sec. 265, Armed Forces Reserve Act of 1952, as added by act of July 9, 1956, and, since active serv- ice means service on active duty (10 U.S.C. 101(24)), he may have such serv- ice included for use as a multiplier in computation of amount of readjustment pay. 36 Comp. Gen. 129, modified..... 223 Training duty performed by retired mem- bers of uniformed services after retire- ment, but prior to Aug. 10, 1956, may not be included in computation of length of.. active service to increase retired pay, there being no indication of congressional intention that 10 U.S.C. 101(22), as en- acted into positive law by act of Aug. 10, 1956, which effected substantive change
WORDS AND PHRASES-Continued. Page | WORDS AND PHRASES-Continued. Page "Active duty"-Continued.
in definition of active duty to include training duty, should have retroactive application... "Appointive position”—a civil service retired annuitant who is reemployed under con- tract which establishes employer-employee relationship rather than independent con- tractor status is to be considered as "em- ployed" in "appointive" position within meaning of sec. 13(b), Civil Service Retire- ment Act, 5 U.S.C. 2263, for annuity de- ductions, in view of long-standing inter- pretation of word "appointed" as bringing persons employed under contract under statutory prohibitions, or restrictions, ap- plicable to reemployed annuitants, and in absence of evidence of congressional intent that word "appointive" in sec. 13(b) was used in more restrictive sense than similar words in former statutes...-- "Bonds"-proceeds from sale of negotiable bonds which are guaranteed as to both principal and interest by U.S. should be regarded as public moneys required to be deposited in Treasury of U.S. pursuant to 31 U.S.C. 482 and 31 U.S.C. 521, in the absence of specific statutory authority which would permit deposit of such funds in commercial banks or other private de- positories. "Building”—a testing facility which will be used for radiation protection of personnel on mineral research project, and which will consist of a well with chamber surrounded by heavy density concrete walls with spe- cial viewing and control devices, is not to be regarded as a building in ordinary sense of the word nor as public improvement within scope of sec. 3733, R.S., 41 U.S.C. 12, to require specific appropriation; there- fore, acquisition of such facility by contract may be considered comparable to pro- curement of other equipment for research projects and funds appropriated to Bur. of Mines for conservation and development of mineral sources may be used for costs of facility.....
"Construction"-although terms "supplies" and "materials" ordinarily may be con- strued as having reference to tangible per- sonal property, to construe the term "naval supplies or war materials" in the prohibition in 10 U.S.C. 6112(b) against retired officers of Regular Navy or Regular Marine Corps receiving payment from U.S. while engaged in selling, or contract- ing or negotiating to sell, naval supplies or war materials to Dept. of Navy, as includ- ing only personal property, would create a disparity and frustrate purposes of pro- hibition in every case involving other kinds of property; therefore, sales activities of retired Regular Navy officer in connec- tion with contracts for constructing airport
improvements come within prohibition in 10 U.S.C. 6112(b) and he is precluded from receiving retired pay from Navy 366 "Conviction"-the effective date of a convic- tion for stoppage of retired pay pursuant to sec. 1, act of Sept. 1, 1954, 5 U.S.C. 2282, should, in absence of an authoritative judicial decision, be determined in a man- ner which will result in the least expendi- ture of public funds so that the day a jury returns a verdict of guilty, rather than a later date when judgment is ordered exe- cuted, should be considered time of con- vietion and retired pay stopped the following day..----- “Damages”—air transportation costs which were incurred in shipment of replaced con- struction material lost or damaged beyond repair in derailment on Alaska Railroad so replaced material could reach construc- tion site before adverse weather conditions began may not be regarded as cost incident to urgent or special condition which was within knowledge of Alaska Railroad at time of acceptance of rail shipment to make carrier liable, even though Railroad had knowledge of the character and use of material and general knowledge of when adverse construction weather would begin; therefore, in absence of actual communica- tion to Railroad of importance of prompt delivery the consequences of delay, air transportation costs are not foreseen or anticipated expenses to be natural and probable consequences of breach of con- tract for shipment within definition of general damages to make Railroad liable.. "Discharge”-term "discharge" in 10 U.S.C. 4837(d) and 9837(d), which author- ize the remission or cancellation of enlisted member's debts remaining unpaid at time of discharge, refers to actual termination of status on active list and not to any formal document received by member upon re- lease from active duty so as to bring mem- bers no longer performing active service within purview of law; therefore, debts of enlisted members which accrued during active duty or subsequent to retirement may not be remitted or canceled under 10 U.S.C. 4837(d) and 9837(d) after enlisted member has been retired or transferred to Reserves...
"Discharged prisoners"-term "discharged prisoners" in sec. 303 (e), Career Compensa- tion Act, which defines classes of military personnel entitled to travel and transporta- tion at Govt. expense, has reference to prisoners discharged from U.S. military confinement facilities rather than former members discharged under other than honorable conditions upon release from confinement in civilian prisons; therefore, travel and transportation authority in sec. 303 of Career Compensation Act of 1949
WORDS AND PHRASES-Continued. Page WORDS AND PHRASES-Continued. Page
may not be used as authority for furnishing transportation and subsistence at Govt. expense for former members released from civilian prisons. "Equivalent increase"-wage board increases which are administratively granted pur- suant to 5 U.S.C. 1082(7) may not be re- garded as "increases in compensation granted by law" as that term is used in sec. 701(b), Classification Act of 1949, 5 U.S.C. 1121(b), to exclude such increases from consideration as equivalent increases for periodic step increases; hence, wage board employees who receive wage increases prior to transfer to positions under Classification Act of 1949 are required to wait prescribed period from wage board increase before becoming entitled to periodic step- increase....
"Government vessel”—a barracks ship with- out propulsion plant to which Navy per- sonnel are required to report for temporary duty, in connection with fitting-out or conversion of vessels in the area and on which berthing and messing facilities are provided, need not be regarded as Govt. vessel under par. 4201-8, Joint Travel Regs. which prohibits per diem for temporary duty aboard Govt. vessels; therefore, per diem as prescribed in par. 4206, Joint Travel Regs., for temporary duty in con- nection with fitting-out or conversion of vessels is for payment, provided deduc- tions are made for quarters and for meals, in case of enlisted members, furnished on barracks ship.------ "Improvements"-appropriation of funds as statutory limitations in identical amounts specified in an agency's budget estimates for "land and structures" and "improve- ment and care of grounds and repairs to buildings" is regarded as a definite deter- mination by Congress that expenditures chargeable to those appropriations are re- quired to be kept within limits of funds provided for particular objects. "Legal training"
While prohibition in sec. 618, Dept. of Defense Appropriation Act, 1959, 72 Stat. 727, against use of funds for training in any legal profession is intended pri- marily to preclude training of individ- uals at Govt. expense for purpose of ob- taining law degrees and qualifying as attorneys, it cannot be construed to apply only to undergraduate law courses leading to degree or to exclude graduate courses; therefore, each case must be con- sidered on own merits................ While training of qualified attorneys em- ployed in Dept. of Defense in specialized legal subjects relating to official duties, such as courses in Govt. contracts and in trial techniques, constitutes legal training, such training does not consti-
To construe word “may” in multiple item invitation which provides that bids will be made by individual items and speci- fies that "bids on the basis of award in the aggregate may be rejected," in per- missive sense to permit consideration of "all or none" bid would nullify and render meaningless requirement for con- sideration of bids by individual items only and, therefore, word "may" must be construed as word of command so that "all or none" bid is qualified bid which must be rejected as nonresponsive to invitation; however, in view of ambi- guity, rejection of all bids and readver- tisement under invitation which would leave no doubt as to acceptability or nonacceptability of "all or none" bids would be in best interests of Govt...... To construe sec. 403, Agricultural Trade Development and Assistance Act of 1954, 7 U.S.C. 1731, which provides with re- spect to sales of surplus agricultural com- modities to friendly nations "that pay ments may be made in approximately equal annual amounts over periods not to exceed 20 years," as authorizing pay- ments on a biannual or deferred 10- or 20-year payment basis would be to con- strue the word “may” in its permissive sense without consideration for entire context of sentence and without regard to qualifying words "in approximately equal annual amounts"; therefore, while the section does permit slight flexibility or variation in annual amount, it may not be construed as authorizing payment In other than equal annual amounts or in approximately equal annual amounts... 823 “Municipalities”-the term "incorporated municipalities" as used in highway ad- vertising control exemption in 23 U.S.C. 131(b), which excludes highways travers- ing commercial and industrial zones within boundaries of incorporated municipalities, is construed to include incorporated towns in view of general meaning of "inunicipal" as applicable to towns, cities, and in- corporated villages and in light of legis- lative history which shows congressional intent that regulatory prerogatives of in- corporated municipalities are not to be encroached upon.-
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