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
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-
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
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 ----.
"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...
U. S. GOVERNMENT PRINTING OFFICE: 1961 O 551978
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