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.----

Home leave

Residence determination-overseas em-
ployee who designated same place
(Kansas City, Mo.) as U.S. residence

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

Page

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

Page VEHICLES-Continued.

611

1

1

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),

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

741

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

700

415

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-

148

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.-

807