Page images

Military personnel-Continued.

Overseas employees-Continued.

Home leave-Continued.
Privately owned automobile in lieu of-

at time of transfer overseas and at time

of executing reemployment agreement
pensation Act of 1949, is subject to

but who, after completion of home
seven cents a mile maximum fixed

leave travel when he visited Kansas
by sec. 303a, Career Compensation

City and Nashville, Tenn., requested
Act of 1949....


amended travel order to show Nash-
An amendment of the Joint Travel

ville as actual residence has not estab-
Regs. to provide for reimbursement

lished that error in residence designa-
of parking fees in addition to mileage

tion was made but rather evidence
for members of uniformed services

establishes that employee's actual
who use privately owned automo-

place of residence at time of transfer
biles, in lieu of public transportation,

was Kansas City; therefore, payment
for official travel from home or duty

of round-trip home leave travel at
station to common carrier terminal

Govt. expense to other than em-
would be proper and in consonance

ployee's residence in Kansas City
with sec. 2(m), act of Sept. 1, 1964,

may not be made..----

40 U.S.C. 491(m), which was de-

Travel status-overseas employees who
signed to allow travel expenses to

become ill or incapacitated during
members of uniformed services on

period of home leave may not be re-
same basis as for civilian employees,

garded as in travel status after arrival
provided that mileage is limited to

at home leave point to come within
one round trip and that parking fees

purview of sec. 6.5a, Stand. Govt.
plus mileage do not exceed taxi fare.

Travel Regs., which permits continu.
B-126978, May 17, 1956, modified.... 814

ation of per diem for travelers who
Overseas employees

take leave because of illness or injury,
Constructive travel costs

provided they are in fact in official
Use of other than authorized mode

travel or temporary duty status away
In computing constructive home leave

from or en route to official station;
travel costs for overseas employee

therefore, employee's travel status
who was unable to use available

having terminated on arrival at home
family-plan airline rate for travel in

leave point, he is not entitled to per
U.S. because he used a vessel instead

diem for subsequent period of illness
of authorized air transportation for

and his travel status did not commence
trip from overseas station to U.S. and

again until he began travel to tem-
who was unable to use family-plan

porary point for consultation duty.----

rate on return trip because he de- Private parties-use of sec. 5, Administrative
parted prior to time required for di-

Expenses Act of 1946, authority-notwith-
rect return travel to overseas station

standing act of Sept. 2, 1958, which author-
for purpose of using annual leave at

ized establishment of Commission on
another place in U.S., family-plan

International Rules of Judicial Procedure,
airline rate should be used, notwith-

does not contain provision for payment
standing family-plan rate was not

of travel, subsistence and other necessary
available on days employee actually

expenses for two State govt. commission
traveled; therefore, employee is lia-

members but does contain provision for
ble for excess travel costs....

676 such expenses as are authorized by sec. 5,
The rule that, when family-plan air.

Admin. Exp. Act of 1946, 5 U.S.C. 73b-2,
line rate is lowest first-class rate

for members of Advisory Committee
available, such rate is for use in

appointed under 1958 act, it does not
determining constructive travel costs

follow that payment of travel expenses to
for overseas employees is for applica-

two State govt. members must be denied;
tion when travel is performed by

therefore, in view of fact that use of sec. 5,
modes other than as authorized in

5 U.S.C. 73b-2, for persons serving without
travel orders and when travel is per-

compensation does not require other
formed to place other than place of

affirmative statutory authority, the two
actual residence, provided a more

State govt. members may be considered
restrictive administrative regulation

as persons serving without compensation
has not been adopted or orders do

for payment of travel expenses...-

not limit cost comparison to the

Temporary duty-after departure on leave-
accommodations actually used..--- 0076 payment basis--an employee whose au-
Home leave

thorized leave of absence away from per-
Residence determination-overseas em-

manent duty station is temporarily inter-
ployee who designated same place

rupted because he is recalled to duty, or
(Kansas City, Mo.) as U.S. residence

because he is ordered to perform temporary





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---
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......
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.

than monetary considerations in foreign
countries would make such insurance

coverage advantageous to Govt.......
Rental-credit cards. (See Credit Cards,

in lieu of receipt)
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)
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
1 any unused home leave.....
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

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),




“Active duty"
Appropriation availability-Continued.

Provision in seo. 208, Naval Reserve Act
which requires that principal contract

of 1938, which excluded two months of
for construction be submitted to

obligated active duty in each 4-year pe-
House and Senate Committees on In-

riod which enlisted members were re-
terior and Insular Affairs for period of

quired to perform after transfer to Fleet
45 days prior to execution, and in ab-

Reserve for recomputing retainer and
sence of appropriation for such con-

retired pay based on active service after
struction, & proposal to advertise for

retirement or transfer, was effective until
bids, to evaluate bids, and to prepare

repeal by act of Aug. 10, 1956, so that such
conditional contract subject to ap-

active duty performed prior to Aug. 10,
proval of respective Congressional

1956, is not creditable to increase retired
Committees and contingent upon fu-

pay; however, in view of definition of
ture appropriation by Congress of suf-

active duty in 10 U.S.C. 101(22), such
ficient funds to make payment under

training duty performed after Aug. 10,
contract would comply with law and

1956, by enlisted members after transfer
protect interests of Govt., provided

to Fleet Reserve is to be regarded as
provision is included to effect that no

active duty for increasing retainer or re-
legal liability on part of Govt. for pay-

tired pay under 10 U.S.C. 1402(a)---- 217
ment of any money shall arise until

Although active duty for training per-
appropriation has been made.---- 340 formed on or after Aug. 10, 1956, by mem-
Notice of award of a Virgin Islands con-

ber of reserve component of Armed
struction contract under which Govt.

Forces may be considered as active duty
might become obligated to make pay-

to determine eligibility for, or the
ment to contractor prior to July 1,

amount of, lump-sum readjustment pay
when appropriation for project be-

under act of July 9, 1956, such duty per-
comes available, may not be given,

formed prior to Aug. 10, 1956, may not be
notwithstanding contracting officer

considered as active duty for those pur-
indicates he could delay approval of

poses because change in definition of
payment so it would not be made until

active duty to include training duty con-
after July 1, since such delay beyond

tained in act of Aug. 10, 1956, does not
reasonable time would not be effective

apply retroactively.---

against contractor; however, an agree-

Inclusion in definition of "active duty" in
ment which provides for early com-

10 U.S.C. 101(22), which was enacted
mencement of work, upon condition that

into positive law by act of Aug. 10, 1956,
Govt. will not be under any obligation

of “full time training duty" requires ap-
to make payment prior to availability

plication of such definition to service
of appropriation, may be made.----- 776 performed by members of reserve com-

ponents of Armed Forces after such date
Supporting documents

rather than more restrictive definition
Credit cards. (See Credit Cards, in lieu

in sec. 101(b), Armed Forces Reserve Act
of receipt)

of 1952; therefore, member of reserve
Interagency services-a certification on

component may have periods of active
voucher for reimbursement for services

duty for training performed on or
and materials performed under inter-

after Aug. 10, 1956, credited as part of
agency agreement when voucher is not

continuous active duty necessary for eli-
supported by evidence that services

gibility for lump-sum readjustment pay-
and materials ordered were furnished

ment prescribed in sec. 265, Armed
and accepted would be meaningless

Forces Reserve Act of 1952, as added by
and not within contemplation of act of

act of July 9, 1956, and, since active serv-
Dec. 29, 1941, 31 U.S.C. 82c, which

ice means service on active duty (10
makes it responsibility of officer or em-

U.S.C. 101(24)), he may have such serv-
ployee certifying voucher to ensure that

ice included for use as a multiplier in
facts stated or certified are correct and

computation of amount of readjustment
that proposed payment is lawful under

pay. 36 Comp. Gen. 129, modified... 223
appropriation or fund chargeable...--- 548 Training duty performed by retired mem-

bers of uniformed services after retire-
Government employees—travel expenses.

ment, but prior to Aug. 10, 1956, may not
(See Travel Expenses, witnesses)

be included in computation of length of
Indigent defendants-costs. (See Courts,

active service to increase retired pay,
costs, Government liability, indigent per-

there being no indication of congressional

intention that 10 U.S.C. 101(22), as en-
Military courts-fees. (See Courts, wit-

acted into positive law by act of Aug. 10,
nesses, fees, pretrial, etc., services)

1956, which effected substantive change


WORDS AND PHRASES-Continued. Page | WORDS AND PHRASES-Continued. Page
“Active duty”-Continued.

improvements come within prohibition in
in definition of active duty to include

10 U.S.C. 6112(b) and he is precluded from
training duty, should have retroactive

receiving retired pay from Navy -------- 366

241 “Conviction”-the effective date of a convic-
"Appointive position"-a civil service retired

tion for stoppage of retired pay pursuant to
annuitant who is reemployed under con-

sec. 1, act of Sept. 1, 1954, 5 U.S.O. 2282,
tract which establishes employer-employee

should, in absence of an authoritative
relationship rather than independent con-

judicial decision, be determined in a man-
tractor status is to be considered as "em-

ner which will result in the least expendi-
ployed" in "appointive" position within

ture of public funds so that the day a jury
meaning of sec. 13(b), Civil Service Retire-

returns a verdict of guilty, rather than a
ment Act, 5 U.S.C. 2263, for annuity de-

later date when judgment is ordered exe-
ductions, in view of long-standing inter-

cuted, should be considered time of con-
pretation of word "appointed" as bringing

vietion and retired pay stopped the
persons employed under contract under

following day -------

- 741
statutory prohibitions, or restrictions, ap- “Damages”-air transportation costs which
plicable to reemployed annuitants, and in

were incurred in shipment of replaced con-
absence of evidence of congressional intent

struction material lost or damaged beyond
that word "appointive” in sec. 13(b) was

repair in derailment on Alaska Railroad
used in more restrictive sense than similar

so replaced material could reach construc-
words in former statutes.-----

681 tion site before adverse weather conditions
“Bonds”—proceeds from sale of negotiable

began may not be regarded as cost incident
bonds which are guaranteed as to both

to urgent or special condition which was
principal and interest by U.S. should be

within knowledge of Alaska Railroad at
regarded as public moneys required to be

time of acceptance of rail shipment to make
deposited in Treasury of U.S. pursuant to

carrier liable, even though Railroad had
31 U.S.C. 482 and 31 U.S.C. 521, in the

knowledge of the character and use of
absence of specific statutory authority

material and general knowledge of when
which would permit deposit of such funds

adverse construction weather would begin;
in commercial banks or other private de-

therefore, in absence of actual communica-

tion to Railroad of importance of prompt
“Building”-a testing facility which will be

delivery the consequences of delay, air
used for radiation protection of personnel

transportation costs are not foreseen or
on mineral research project, and which will

anticipated expenses to be natural and
consist of a well with chamber surrounded

probable consequences of breach of con-
by heavy density concrete walls with spe-

tract for shipment within definition of
cial viewing and control devices, is not to

general damages to make Railroad liable.. 700
be regarded as a building in ordinary sense “Discharge"-term "discharge” in 10
of the word nor as public improvement

U.S.C. 4837(d) and 9837(d), which author-
within scope of sec. 3733, R.S., 41 U.S.C.

ize the remission or cancellation of enlisted
12, to require specific appropriation; there-

member's debts remaining unpaid at time
fore, acquisition of such facility by contract

of discharge, refers to actual termination of
may be considered comparable to pro-

status on active list and not to any formal
curement of other equipment for research

document received by member upon re-
projects and funds appropriated to Bur. of

lease from active duty so as to bring mem-
Mines for conservation and development

bers no longer performing active service
of mineral sources may be used for costs of

within purview of law; therefore, debts of
facility. --

822 enlisted members which accrued during
“Construction"-although terms "supplies"

active duty or subsequent to retirement
and "materials" ordinarily may be con-

may not be remitted or canceled under 10
strued as having reference to tangible per-

U.S.C. 4837(d) and 9837(d) after enlisted
sonal property, to construe the term

member has been retired or transferred to
"naval supplies or war materials” in the


prohibition in 10 U.S.C. 6112(b) against “Discharged prisoners"-term "discharged
retired officers of Regular Navy or Regular

prisoners” in sec. 303(e), Career Compensa-
Marine Corps receiving payment from

tion Act, which defines classes of military
U.S. while engaged in selling, or contract-

personnel entitled to travel and transporta-
ing or negotiating to sell, naval supplies or

tion at Govt. expense, has reference to
war materials to Dept. of Navy, as includ-

prisoners discharged from U.S. military
ing only personal property, would create

confinement facilities rather than former
a disparity and frustrate purposes of pro-

members discharged under other than
hibition in every case involving other

honorable conditions upon release from
kinds of property; therefore, sales activities

confinement in civilian prisons; therefore,
of retired Regular Navy officer in connec-

travel and transportation authority in sec.
tion with contracts for constructing airport

303 of Career Compensation Act of 1949




may not be used as authority for furnishing "Legal training"-Continued.
transportation and subsistence at Govt.

tute “training in a legal profession,”
expense for former members released from

which is prohibited by sec. 618, Dept. of
civilian prisons.-

206 Defense Appropriation Act, 1959, 72 Stat.
“Equivalent increase”-wage board increases

727, and, in view of specific availability of
which are administratively granted pur-

appropriations for training of civilian
suant to 5 U.S.C. 1082(7) may not be re-

employees when approved by Secretary
garded as “increases in compensation

of one of military departments, such
granted by law” as that term is used in sec.

legal training contracts will not be ob-
701(b), Classification Act of 1949, 5 U.S.C.

jected to when approved...

1121(b), to exclude such increases from

consideration as equivalent increases for

To construe word “may” in multiple item
periodic step increases; hence, wage board

invitation which provides that bids will
employees who receive wage increases prior

be made by individual items and speci-
to transfer to positions under Classification

fies that "bids on the basis of award in
Act of 1949 are required to wait prescribed

the aggregate may be rejected,” in per-
period from wage board increase before
becoming entitled to periodic step-

missive sense to permit consideration of

“all or none" bid would nullify and
“Government vessel”-a barracks ship with-

render meaningless requirement for con-

sideration of bids by individual items
out propulsion plant to which Navy per-

only and, therefore, word “may” must
sonnel are required to report for temporary

be construed as word of command so
duty, in connection with fitting-out or

that “all or none” bid is qualified bid
conversion of vessels in the area and on

which must be rejected as nonresponsive
which berthing and messing facilities are

to invitation; however, in view of ambi-
provided, need not be regarded as Govt.

guity, rejection of all bids and readver-
vessel under par. 4201-8, Joint Travel Regs.

tisement under invitation which would
which prohibits per diem for temporary
duty aboard Govt. vessels; therefore, per

leave no doubt as to acceptability or

nonacoeptability of "all or nono” bids
diem as prescribed in par. 4206, Joint

would be in best interests of Govt... 148
Travel Regs., for temporary duty in con-
nection with fitting-out or conversion of

To construe sec. 403, Agricultural Trade
vessels is for payment, provided deduc-

Development and Assistance Act of 1954,
tions are made for quarters and for meals,

7 U.S.C. 1731, which provides with re-
in case of enlisted members, furnished on

spect to sales of surplus agricultural com-

modities to friendly nations “that pay.
"Improvements"-appropriation of funds as

ments may be made in approximately
statutory limitations in identical amounts

equal annual amounts over periods not
specified in an agency's budget estimates

to exceed 20 years," as authorizing pay-
far "land and structures" and "improve-

ments on a biannual or deferred 10- or
ment and care of grounds and repairs to

20-year payment basis would be to con-
buildings" is regarded as a definite deter-

strue the word “may” in its permissive
mination by Congress that expenditures

sense without consideration for entire
chargeable to those appropriations are re-

context of sentence and without regard
quired to be kept within limits of funds

to qualifying words "in approximately
provided for particular objects..------- 784

equal annual amounts"; therefore, while
"Legal training"

the section does permit slight flexibility
While prohibition in sec. 618, Dept. of

or variation in annual amount, it may
Defense Appropriation Act, 1959, 72

not be construed as authorizing payment
Stat. 727, against use of funds for training

in other than equal annual amounts or in

in any legal profession is intended pri-

approximately equal annual amounts...
marily to preclude training of individ- “Municipalities”-the term "incorporated
uals at Govt. expense for purpose of ob-

municipalities” as used in highway ad-
taining law degrees and qualifying as

vertising control exemption in 23 U.S.C.
attorneys, it cannot be construed to

131(b), which excludes highways travers-
apply only to undergraduate law courses

ing commercial and industrial zones within
leading to degree or to exclude graduate

boundaries of incorporated municipalities,
courses; therefore, each case must be con-

is construed to include incorporated towns
sidered on own merits.....

58 in view of general meaning of "municipal”
While training of qualified attorneys em-

as applicable to towns, cities, and in-
ployed in Dept. of Defense in specialized

corporated villages and in light of legis-
legal subjects relating to official duties,

lative history which shows congressional
such as courses in Govt. contracts and

intent that regulatory prerogatives of in-
in trial techniques, constitutes legal

corporated municipalities are not to be
training, such training does not consti-

encroached upon.--.



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