APPROPRIATIONS-Continued.
Agriculture Department-Continued.
farm producers for failure to carry out
Great Plains conservation contracts ex-
ecuted under sec. 16(b), Soil Conserva.
tion and Domestic Allotment Act, as
amended, 16 U.S.C. 590p, to Treasury
as miscellaneous receipts pursuant to
sec. 3617, R.S., 31 U.S.C. 484, would, to
such extent, deplete the amount appro-
priated by Congress for Great Plains
Conservation program and defeat its
purposes; therefore, such unearned re-
funds-as distinguished from refunds of
earned payments which benefited the
program-are for credit to the appro
priation from which made and are avail
able for purposes of the program...-------
Authorizations deviations—while costs of
judgment against U.S. in condemnation
proceeding instituted by U.S. under 33
U.S.C. 593 incident to Gulf Intracoastal
Waterway project may not be paid from
public works appropriation for "projects
authorized by law," in view of the specific
condition in Senate document detailing
Gulf project which provided the U.S.
should not bear any costs of land ease-
ments and rights-of-way, such judgment
costs (interest) are for payment from per-
manent appropriations for payment of
judgments in 31 U.S.C. 724a-----
Availability
Air-conditioners. (See Equipment, air-
conditioners)
Compensation increases
Wage board employees
Administrative action granting pay
increases to wage board employees
effective on specified date not only
imposes legal liability upon Govt.
for payment of additional compensa.
tion but creates obligation against
appropriation current at the time
liability is incurred, and the fact that
appropriation so obligated may be
insufficient to cover obligation is
immaterial insofar as determining
when obligation arises and the ap
propriation to be charged.----------
Obligations and expenditures of funds
for wage board increases granted
under act of Sept. 2, 1958, 5 U.S.C.
1181, which are in excess of appro-
priation available and which are
incurred prior to obtaining a re-
apportionment or supplemental or
deficiency appropriation may, to
extent necessary to permit payment,
be considered as obligations "au-
thorized by law" within purview of
Antideficiency Act, 31 U.S.C.
665(a), and, therefore, not in viola
tion of the act, in view of sec. 210,
General Govt. Matters Appropria-
tion Act, 1958, which permits ap-
Page APPROPRIATIONS-Continued
Availability-Continued.
Compensation increases-Continued.
Wage board employees-Continued.
portionment of appropriations for
wage increase and of mandatory
provisions of wage board increase act
of Sept. 2, 1958, which evidence con-
gressional intent to sanction excep-
tion to Antideficiency Act.....
Since pay increases to wage board
employees constitute valid appro-
priation obligations under sec.
1311(a), Supplemental Appropria-
tion Act, 1955, 31 U.S.C. 200(a),
failure of the agency head to include
such obligations in statement fur-
nished to Bur. of Budget in support
of requests for proposed appropria-
tions, irrespective of the matter of
obtaining an apportionment or sup-
plemental or deficiency appropria-
tion for payment of wage increases,
would violate reporting require-
ments in sec. 1311(b) of act, 31 U.S.C.
200(b)...
The effective date of pay increases for
wage board employees being de-
terminative of date the liability of
the Govt. for payment of additional
compensation arises, the appropria-
tion chargeable for such increases is
one currently available for payment
of wages for period to which increases
apply.....
Insurance. (See Insurance)
Objects other than as specified
Projects authorized by law
While costs of judgment against U.S.
in condemnation proceeding in-
stituted by U.S. under 33 U.S.C. 593
incident to Gulf Intracoastal Water-
way project may not be paid from
public works appropriation for
"projects authorized by law," in
view of the specific condition in
Senate document detailing Gulf
project which provided that U.S.
should not bear any costs of land
easements and rights-of-way, such
judgment costs (interest) are for
payment from permanenent appro-
priations for payment of judgments
in 31 U.S.C. 724a_-----
In absence of any indication in Senate
document detailing plans for river
improvement project that construc-
tion of access roads outside project
or improvement of similarly situated
State public road was contemplated,
the use of public works appropria-
tion which is available solely for
"projects authorized by law" for
necessary improvements to state
public road used for access to project
by Govt. personnel would be in
APPROPRIATIONS-Continued.
Availability-Continued.
Objects other than as specified-Con.
Projects authorized by law-Con.
contravention of prohibitory stat-
utes-secs. 3678, 3679 and 3733, R.S.,
81 U.S.C. 628, id. 665, and 41 id.
12-which require appropriations to
be applied solely to objects for which
they are made, preclude execution of
contracts in advance of appropria-
tion without authorization and
prohibit contracts for public im-
provements unless funds are spe
cifically appropriated therefor..
Prior to appropriation or period for which
made
Contracts
Although Govt. may not be obligated
by contract or purchase, unless
otherwise authorized by law, until
appropriation act providing funds
with which to make payment has
been enacted, a conditional con-
tract which specificially provides
that Govt.'s liability is contingent
upon future availability of appro-
priations may be entered into prior
to enactment of appropriation act;
however, such contract would be.
come operative only if and when
appropriation is made and should
provide that no legal liability on
part of Govt. for any payment shall
arise until appropriation has been
made.
Under authority granted to Virgin
Islands Corp. to construct salt water
distillation facilities in St. Thomas,
by act of Sept. 2, 1958, 48 U.S.C.
1407c(o), which requires that princi-
pal contract for construction be
submitted to House and Senate
Committees on Interior and Insular
Affairs for period of 45 days prior to
execution, and in absence of appro-
priations for such construction, a
proposal to advertise for bids, to
evaluate bids, and to prepare condi-
tional contract subject to approval
of respective Congressional Com-
mittees and contingent upon future
appropriation by Congress of suffi-
cient 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
payment of any money shall arise
until appropriation has been made..
Notice of award of a construction
contract under which Govt. might
become obligated to make payment
to contractor prior to July 1, when
appropriation for project becomes
Page APPROPRIATIONS-Continued.
Availability-Continued.
Prior to appropriation or period for which
made Continued.
Contracts-Continued.
available, may not be given, not-
withstanding 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, agreement which provides
for early commencement of work,
upon condition that Govt. will not
be under any obligation to make
payment prior to availability of
appropriation, may be made....----
Budget estimates, etc.-as limitation-appro-
priation of funds as statutory limitations
in identical amounts specified in an
agency's budget estimates for "land and
structures" and "improvement and care
of grounds and repairs to buildings" is
regarded as definite determination by
Congress that expenditures chargeable to
those appropriations are required to be
kept within limits of funds provided for
particular objects.
Rivers and harbors projects
Condemnation judgments-while costs
of judgment against U.S. in condem-
nation proceeding instituted by U.S.
under 33 U.S.C. 593 incident to Gulf
Intracoastal Waterway project may
not be paid from public works appro-
priation for "projects authorized by
law," in view of the specific condition
in Senate document detailing Gulf
project which provided that U.S.
should not bear any costs of land ease-
ments and rights-of-way, such judg-
ment costs (interest) are for payment
from permanent appropriations for
payment of judgments in 31 U.S.C.
724a.....
Road improvements, etc.-in absence
of any indication in Senate document
detailing plans for river improvement
project that construction of access
roads outside project or improvement
of similarly situated State public road
was contemplated, the use of public
works appropriation which is available
solely for "projects authorized by law"
for necessary improvements to state
public road used for access to project
by Govt. personnel would be in
contravention of prohibitory statutes-
secs. 3678, 3679 and 3733, R.S., 31
U.S.C. 628, id. 665, and 41 U.S.C. 12-
which require appropriations to be
applied solely to objects for which they
APPROPRIATIONS-Continued.
Civil functions-Continued.
Rivers and harbors projects-Continued.
are made, preclude execution of con-
tracts in advance of appropriation
without authorization and prohibit
contracts for public improvements
unless funds are specifically appro-
priated therefor..
Page APPROPRIATIONS-Continued.
Fiscal Year-Continued.
Defense Department-legal training pro-
hibition. (See Officers and Employees,
training, legal training prohibition)
Deficiencies
Antideficiency Act
Wage board employees
Although apportionment of appro-
priations in connection with
applicability of sec. 210, General
Govt. Matters Appropriation Act,
1958, is primarily matter for deter-
mination by Bur. of Budget, it
would appear that inclusion of an
estimate for anticipated wage
increases in deficiency apportion-
ment request-as distinguished
from pay increases as may be
granted-does not come within
purview of sec. 210 and, therefore,
such estimates should not be
included in deficiency apportion-
ments..
Obligations and expenditures of
funds for wage board increases
granted under act of Sept. 2, 1958,
5 U.S.C. 1181, which are in excess
of appropriation available and
which are incurred prior to obtain-
ing a reapportionment or supple-
mental or deficiency appropriation
may, to extent necessary to permit
payment, be considered as obliga-
tions "authorized by law" within
purview of Antideficiency Act,
31 U.S.C. 665(a), and, therefore,
not in violation of the act, in view
of sec. 210, General Govt. Matters
Appropriation Act, 1958, which
permits apportionment of appro-
priations for wage increase and of
mandatory provisions of wage
board increase act of Sept. 2, 1958,
which evidence congressional in-
tent to sanction exception to
Antideficiency Act......
Fiscal year
Availability beyond
Federal aid, grants, etc.
Amendment
Amendments in 1960 to change scope
of Federal research and counseling
grants to States or institutions
originally made in 1959 pursuant
to sec. 7(d), Small Business Act,
15 U.S.C: 636(d), may not bę
Availability beyond—Continued.
Federal aid, grants, etc.-Continued.
Amendment-Continued.
charged to 1959 funds but must
be charged to 1960 funds subject
to any new statutory limitations
which may not have been appli-
cable to original grant...------
Federal grant which is made in one
fiscal year based upon specific
objectives and estimates of project
costs gives rise to definite and
maximum obligation of U.S. and
the enlargement of grant beyond
original scope creates additional
obligation and must be regarded
as new grant..----.
Federal research and counseling
grant to State or institution under
sec. 7(d), Small Business Act,
15 U.S.C. 636(d), which provides
that only one grant shall be made
to State in any one year, may
not be amended during year in
which grant is made to change
scope or increase amount of
original grant, nor may a new
grant to a State be made in sub-
sequent year in which amendment
to original grant is made and
charged to that year's appropria-
tions.....
General Services Administration
Services for other agencies
Reimbursement
Funds of Bur. of Old-Age and Sur-
vivors Insurance made available for
expenditure from Federal Old-Age
and Survivors Insurance Trust
Fund are not available to reimburse
GSA for purchase, installation, and
servicing of air-conditioning equip-
ment in federally owned buildings
when GSA has not budgeted for
such expenditures because GSA has
responsibility for air-conditioning
buildings under its control and, in
absence of specific statutory author-
ity therefor, an agency's funds are
not available for such purpose..----
Inasmuch as Bur. of Old-Age and Sur-
vivors Insurance budgets for cost of
leased space, including cost of main-
taining and servicing such space,
and finances such expenditures
from Federal Old-Age and Survivors
Insurance Trust Fund and GSA
does not include in its budget funds
for leased space occupied by the
Bureau, funds of Bureau may be
used to reimburse GSA for purchase,
installation, and servicing of air-
Conditioning in non-federally-
owned leased space, provided that
APPROPRIATIONS-Continued.
General Services Administration-Con.
Services for other agencies-Continued.
Reimbursement-Continued.
it is administratively determined
that air-conditioning would be in
interest of Govt................
The provision in Independent Offices
Appropriation Act, 1959, making
funds available to carry out Federal
Civil Defense Act of 1950, together
with authority in sec. 201(h) of the
act, for renovation of facilities for
civil defense, satisfies requirement
in sec. 3733, R.S., 41 U.S.C. 12, which
precludes execution of contracts for
public improvements in absence of
specific appropriation; therefore,
1959 funds may be used to reimburse
GSA for work incident to rehabili-
tation of training center.....
Justice Department
Litigation expenses
Justice v. agency funds-preparation
and review of reports and engineering
studies by an administrative agency,
at the request of Dept. of Justice for
use in defense of a suit against Govt.
arising from agency's activities, which
reports and studies could only be
prepared on basis of knowledge, infor-
mation and experience of agency's
personnel and from its records, must
be regarded as duty and responsibility
of agency, and, therefore, costs of such
report work which are to be distin-
guished from costs directly incident to
court proceedings and payable from
Dept. of Justice Appropriations are
properly for payment from agency's
appropriations for general expenses...
Justice v. Judiciary appropriations
Although habeas corpus proceedings
brought by indigent petitioners
under 28 U.S.C. 1915 are civil ac-
tions, the habeas corpus writ is so
related to protection of constitutional
rights of indigent defendants under
Rule 17(b) of Federal Criminal
Rules that this rule, which provides
for payment by Govt. of costs and
fees for witnesses subpoenaed on
behalf of indigent defendants, is
for invocation in habeas corpus
proceedings under pauper's statute;
therefore, costs of habeas corpus
proceedings-whether state or Fed-
eral-are payable from appropria-
tions of Dept. of Justice.-----
Expert witnesses who are appointed
by court under Rule 28 of Federal
Rules of Criminal Procedure are
witnesses appointed to aid court in
discharge of duties, and expenses
of such witnesses should be charged
to appropriations for "Travel and
Page APPROPRIATIONS-Continued.
Justice Department-Continued.
Litigation expenses-Continued.
Justice v. Judiciary appropriations-Con.
Miscellaneous Expenses" (Judiciary
Appro. Act, 1959), for necessary
travel and miscellaneous expenses,
not otherwise provided for, incurred
by Judiciary; likewise, expenses of
psychiatric examinations ordered
under 18 U.S.C. 4244-4248 to aid
court in passing sentence would be
expense to be charged to appropria-
tions of Administrative Office of
Courts..
Stenographic or notarial expenses in-
cident to depositions of witnesses
subpoenaed on behalf of indigent
defendant under Rule 17(b) of
Federal Rules of Criminal Procedure
may be regarded as costs incident to
subpoenaing of witnesses on behalf
of Govt., which costs are chargeable
to appropriations of Dept. of Justice. 133
Travel and subsistence expenses in-
curred by indigent defendant's at-
torney attending deposition exami-
nation may be regarded as expenses
incident to responsibility of court to
assure defendants adequate forum
and, therefore, such expenses are for
payment by Administrative Office
of U.S. Courts under Rule 15(c) of
Federal Rules of Criminal Proce-
dure; however, compensation and
travel expenses of deponents sub-
poenaed on behalf of indigent de-
fendant are regarded as expenses
incident to responsibility of Dept.
of Justice for production of witnesses
and payable under Rule 17(b) from
Justice Dept. appropriations for
witness expenses.
Administrative expenses-the administra-
tive expenses limitation in Title II,
Dept. of Agriculture and Farm Credit
Admin. Appropriation Act, 1960, which
precludes use of funds in "this authori
zation" for administrative expenses for
price support programs on agricultural
commodities in short supply for 1960 in
excess of $50,000, is applicable to pro-
grams for which administrative expenses
were incurred during 1960 fiscal year and
does not apply to new price support
programs financed with 1961 appropria-
tions, even though programs were inci-
dent to surplus agricultural commodities
produced in calendar year 1960---------
Budget estimates. (See Appropriations,
budget estimates, etc., as limitation.)
Commissary stores. (See Post Exchanges,
Ships' Stores, Etc.)
APPROPRIATIONS-Continued.
Limitations-Continued.
Legal training prohibition. (See Officers
and Employees, training, legal training
prohibition.)
Newspapers and periodicals. (See Books
and Periodicals, purchase limitations.)
No-year
Deobligation requirement
Page APPROPRIATIONS—Continued.
Although under sec. 1210, act of Sept. 6,
1950, 31 U.S.C. 686-1, appropriations
transferred from one department to
another for performance of services
under interagency agreements made
pursuant to sec. 601, Economy Act of
1932, 31 U.S.C. 686, are required to be
deobligated at end of fiscal year to
extent that performing agency has not
incurred valid obligations under agree-
ment, sec. 1210 does not limit obliga-
tion availability of appropriations
which are made by Congress to re-
main available until expended,
namely, no-year appropriations... 317
Interagency agreements which are made
by National Science Foundation un-
der authority in sec. 601, Economy
Act of 1932, 31 U.S.C. 686, and charge-
able to no-year appropriations made
to the Foundation may be recorded as
valid obligations under sec. 1311 (a) (1),
Supplemental Appropriations Act,
1955, 31 U.S.C. 200(a)(1), in view of
fact that agreements commit Founda-
tion to pay definite sums of money to
certain Govt. agencies for performance
of activities authorized by law, and
that no-year appropriations become
available for full amount on date of
agreement, and such obligations are
not required by sec. 1210 of act of Sept.
6, 1950, 31 U.S.C. 686-1, to be deobli- -
gated by Foundation at end of any
particular fiscal year, regardless of
obligation availability status of funds
under control of performing agency,
sec. 1210 not being applicable to no-year
appropriations..
Contracts-additional quantities—a tele-
gram from GSA to National Industries
for the Blind (NIB) requesting addi-
tional amount of item previously
ordered, without subsequent allocation
by NIB of production to one or more
designated agencies for the blind, and
before issuance by GSA of purchase
order pursuant to notice of allocation
received from NIB, does not constitute
valid obligation under sec. 1311, Supple-
mental Appropriation Act, 1955, 31
U.S.C. 200(a)(1), which requires exist-
ence of valid and binding contract
based on offer and acceptance imposing
Hability on both parties----
Obligation-Continued.
Section 1311, Supplemental Appropriation
Act, 1955
Administrative action granting pay
increases to wage board employees
effective on specified date not only
imposes legal liability upon Govt.
for payment of additional compensa-
tion but creates obligation against
appropriation current at the time
liability is incurred, and fact that
appropriation so obligated may be
insufficient to cover obligation is
immaterial insofar as determining
when obligation arises and the
appropriation to be charged-
The effective date of pay increases for
wage board employees being deter-
minative of date the liability of the
Govt. for payment of additional
compensation arises, the appropria-
tion chargeable for such increases is
one currently available for payment
of wages for period to which increases
apply......
Interagency services-although under
sec. 1210 of act of Sept. 6, 1950, 31
U.S.C. 686-1, appropriations trans-
ferred from one department to another
for performance of services under
interagency agreements made pur-
suant to sec. 601, Economy Act of
1932, 31 U.S.C. 686, are required to be
deobligated at end of fiscal year to
extent that performing agency has not
incurred valid obligations under agree-
ment, sec. 1210 does not limit obliga-
tion availability of appropriations
which are made by Congress to remain
available until expended, namely
no-year appropriations....
Orders on non-Government agencies-
a telegram from GSA to National
Industries for the Blind (NIB)
requesting additional amount of item
previously ordered, without subse-
quent allocation by NIB of production
to one or more designated agencies for
the blind, and before issuance by GSA
of purchase order pursuant to notice
of allocation received from NIB, does
not constitute valid obligation under
sec. 1311, Supplemental Appropriation
Act, 1955, 31 U.S.C. 200(a)(1), which
requires existence of valid and binding
contract based on offer and acceptance
imposing liability on both parties.....
Reporting requirements-wage board
increases-since pay increases to wage
board employees constitute valid
appropriation obligations under sec.
1311(a), Supplemental Appropriation
Act, 1955, 31 U.S.O. 200(a), failure of
the agency head to include such
|