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WORDS AND PHRASES-Continued. Page | WORDS AND PHRASES-Continued. Page
"Outside United States"-the purpose of

commissary stores provision in sec. 618,
Dept. of Defense Appropriation Act, 1960,
being to require the fixing of commissary
prices to cover substantial part of costs of
operation of commissary store system, the
statute should be regarded as remedial in
nature and liberally construed and excep-
tion as to transportation should be strictly
construed, so that, in absence of any indi-
cation in legislative history that phrase
"excluding all transportation outside
U.S." means transportation outside
boundaries of any state, the usual mean-
ing-transportation to place without
U.S.-should prevail; therefore, the pro-
hibition must be regarded as requiring in-
clusion of cost of transportation in U.S. in
sale prices of commissary stores. 385
"Place"-the term "place" as used in the
time of departure and arrival provisions of
sec. 6.9c, Stand. Govt. Travel Regs., con-
notes any point at which per diem com-
mences or ceases or at which a change in
per diem rate may occur and, therefore,
includes the official station or other point
at which travel begins as well as a tempo-
rary duty station..........
"Public

875

improvement" - 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 special 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; therefore, acqui-
sition of such facility by contract may be
considered comparable to procurement 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.. 822
"Repairs"-expenditures for replacement of
building entirely destroyed by fire, using
same site and foundation, may not be
regarded as expenses for work incident to
"repair" or "maintenance" of buildings,
which terms have been defined as to make
over, to restore to a good or sound state, to
preserve or keep in existing state or condi-
tion, to prevent decline; therefore, such
expenses may not be charged to appro-
priation for "improvement and care of
grounds and repair to buildings" but must
be charged to appropriation for "land and
structures,"
"Services"-in view of specific provisions in
secs. 5 and 7, act of Sept. 2, 1957, P.L.
85-262, 71 Stat. 588 and 589, which deal
with exemptions from laws affecting em-
ployment of persons by Lincoln Sesqui-

784

centennial Commission, term "services"
in sec. 4 of act, which confers broad dis-
cretionary powers on Commission in pro-
curement of "supplies, services and prop-
erty" without regard to laws and proce-
dures applicable to Federal agencies, does
not have reference to personal services;
therefore, in absence of invocation of au-
thority in sec. 4 to exempt civil service
retired annuitant who was employed
under contract by Commission from
annuity deduction provisions in sec. 13(b),
Civil Service Retirement Act, 5 U.S.O.
2263, together with fact that such deduc-
tions were made, employee's compensation
must be regarded as subject to annuity
deduction.

"Shipping services"-customs brokers' fees
which are paid by members of uniformed
services for effecting entry of privately
owned automobiles in foreign countries
after transoceanic shipment at Govt.
expense, under 10 U.S.C. 6157 (Navy) or
10 U.S.C. 4748 (Army), may not be re-
garded as part of ocean transportation
cost nor may customs service be regarded
as within term "shipping services" in sec.
901, Merchant Marine Act, 1936, as
amended, 46 U.S.C. 1241, which does not
include services after automobiles are
unloaded at destination; therefore, reim-
bursement to members for such charges is
not authorized..................

"So far as practicable"-the phrase "so far
as practicable" in requirement for use of
American products in construction of
vessels using construction-differential sub-
sidy aid in sec. 505(a), Merchant Marine
Act, 1936, 46 U.S.C. 1155(a), is, in absence
of any indication of legislative intent to
the contrary, to be construed as modifica-
tion of rigid requirement for exclusive use
of American products and to permit ad-
ministrative discretion in those areas where
facts justify purchase of foreign compo-
nents for domestically manufactured
equipment; therefore, purchase of Ameri-
can manufactured vessel gyrocompass
system which contains a component of
foreign manufacture would not violate
statutory requirement in view of repre-
sentation that it is impractical to redesign
equipment or to produce component in
U.S....

"Supplies or war materials"—although
terms "supplies" and "materials" ordi-
narily may be construed as having refer-
ence to tangible personal 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 contracting or negotiating to

681

713

733

WORDS AND PHRASES-Continued. Page | WORDS AND PHRASES-Continued. Page

sell, naval supplies or war materials to
Dept. of Navy, as including only personal
property, would create a disparity and
frustrate purposes of prohibition in every
case involving other kinds of property;
therefore, sales activities of retired Regular
Navy officer in connection 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

"Voluntary retirement"-disability retire-
ment of Navy officer under 10 U.S.C. 1201
may not be regarded as voluntary retire-
ment under sec. 2(e) of act of Aug. 11, 1959,
P.L. 86-155; hence, officer who has been
considered but not selected for continua-
tion on active list and who is eligible for
$2,000 payment provided in act of Aug. 11,
1959, but who is subsequently retired for
disability is not entitled to $2,000 payment
as officer voluntarily retired...

108

U. S. GOVERNMENT PRINTING OFFICE: 1961 O 551978

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