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“Outside United States"—the purpose of

centennial Commission, term "services"
commissary stores provision in sec. 618,

in sec. 4 of act, which confers broad dis-
Dept. of Defense Appropriation Act, 1960,

cretionary powers on Commission in pro-
being to require the fixing of commissary

curement of "supplies, services and prop-
prices to cover substantial part of costs of

erty” without regard to laws and proce-
operation of commissary store system, the

dures applicable to Federal agencies, does
statute should be regarded as remedial in

not have reference to personal services;
nature and liberally construed and excep-

therefore, in absence of invocation of au-
tion as to transportation should be strictly

thority in sec. 4 to exempt civil service
construed, so that, in absence of any indi-

retired annuitant who was employed
cation in legislative history that phrase

under contract by Commission from
"excluding all transportation outside

annuity deduction provisions in sec. 13(b),
U.S." means transportation outside

Civil Service Retirement Act, 5 U.S.O.
boundaries of any state, the usual mean-

2263, together with fact that such deduc-
ing-transportation to place without

tions were made, employee's compensation
U.S.-should prevail; therefore, the pro-

must be regarded as subject to annuity
hibition must be regarded as requiring in-


clusion of cost of transportation in U.8. in "Shipping services”-customs brokers' fees
sale prices of commissary stores...

which are paid by members of uniformed
“Place”-the term "place" as used in the

services for effecting entry of privately
time of departure and arrival provisions of

owned automobiles in foreign countries
sec. 6.9c, Stand. Govt. Travel Regs., con-

after transoceanic shipment at Govt.
notes any point at which per diem com-

expense, under 10 U.S.C. 6157 (Navy) or
mences or ceases or at which a change in

10 U.S.C. 4748 (Army), may not be re-
per diem rate may occur and, therefore,

garded as part of ocean transportation
includes the official station or other point

cost nor may customs service be regarded
at which travel begins as well as a tempo-

as within term "shipping services" in sec.
rary duty station.....

875 901, Merchant Marine Act, 1936, as
“Public improvement” – testing facility

amended, 46 U.S.C. 1241, which does not
which will be used for radiation protection

include services after automobiles are
of personnel on mineral research project,

unloaded at destination; therefore, reim-
and which will consist of a well with

bursement to members for such charges is
chamber surrounded by heavy density

not authorized.....

concrete walls with special viewing and “So far as practicable"-the phrase "so far
control devices, is not to be regarded as a

as practicable” in requirement for use of
building in ordinary sense of the word nor

American products in construction of
as public improvement within scope of

vessels using construction-differential sub-
sec. 3733, R.S., 41 U.S.C. 12, to require

sidy aid in sec. 505(a), Merchant Marine
specific appropriation; therefore, acqui-

Act, 1936, 46 U.S.C. 1155(a), is, in absence
sition of such facility by contract may be

of any indication of legislative intent to
considered comparable to procurement of

the contrary, to be construed as modifica-
other equipment for research projects and

tion of rigid requirement for exclusive use
funds appropriated to Bur. of Mines for

of American products and to permit ad-
conservation and development of mineral

ministrative discretion in those areas where
sources may be used for costs of facility.. 822 facts justify purchase of foreign compo-
“Repairs"-expenditures for replacement of

nents for domestically manufactured
building entirely destroyed by fire, using

equipment; therefore, purchase of Ameri-
same site and foundation, may not be

can manufactured vessel gyrocompass
regarded as expenses for work incident to

system which contains a component of
“repair" or "maintenance” of buildings,

foreign manufacture would not violate
which terms have been defined as to make

statutory requirement in view of repre-
over, to restore to a good or sound state, to

sentation that it is impractical to redesign
preserve or keep in existing state or condi-

equipment or to produce component in
tion, to prevent decline; therefore, such


expenses may not be charged to appro- “Supplies or war materials"-although
priation for "improvement and care of

terms "supplies" and "materials” ordi-
grounds and repair to buildings" but must

narily may be construed as having refer-
be charged to appropriation for "land and

ence to tangible personal property, to

construe the term “naval supplies or war
“Services”-in view of specific provisions in

materials” in the prohibition in 10 U.S.C.
secs. 5 and 7, act of Sept. 2, 1957, P.L.

6112(b) against retired officers of Regular
85–262, 71 Stat. 588 and 589, which deal

Navy or Regular Marine Corps receiving
with exemptions from laws affecting em-

payment from U.S. while engaged in
ployment of persons by Lincoln Sesqui-

selling, or contracting or negotiating to



sell, naval supplies or war materials to “Voluntary retirement”-disability retire-
Dept. of Navy, as including only personal

ment of Navy officer under 10 U.S.C. 1201
property, would create a disparity and

may not be regarded as voluntary retire-
frustrate purposes of prohibition in every

ment under sec. 2(e) of act of Aug. 11, 1959,
case involving other kinds of property;

P.L. 86-155; hence, officer who has been
therefore, sales activities of retired Regular

considered but not selected for continua-
Navy officer in connection with contracts

tion on active list and who is eligible for
for constructing airport improvements

$2,000 payment provided in act of Aug. 11,
come within prohibition in 10 U.S.C.

1959, but who is subsequently retired for
6112(b) and he is precluded from receiving

disability is not entitled to $2,000 payment
retired pay from Navy ----
366 as officer voluntarily retired...



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