ABSENCES:

See Leaves of Absence.
ACCOUNTANTS:

Hire of:

Applicability of prohibition as affected by
general authority for employment of ex-
perts and consultants-general authority
in sec. 15, administrative expense sta-
tute of Aug. 2, 1946, for procurement of
expert or consultant services by con-
tract does not operate to overcome spe-
cific prohibition in sec. 5, act of Apr. 6,
1914, against employment of account-
ants, etc., by contract to inaugurate
new or change old methods of transact-
ing business of U. S...

Applicability of prohibition to contract for
retirement of Govt. records-contract
with liquidating Govt. agency under
which services would be performed
working toward attainment of improved
methods and procedures, elimination of
duplication, etc., in connection with re-
tirement of Govt. records for preserva-
tion or destruction pursuant to appli
cable laws and regulations, would be in
contravention of provisions of sec. 5, act
of Apr. 6, 1914, generally prohibiting use
of appropriated funds to pay compensa-
tion or expenses of accountants or other
experts inaugurating new or changing
old methods of transacting business of
U. S..

ACCOUNTS:

Page ACCOUNTS-Continued.

168

503

Accounts current-Continued.
generally-since accounts current of dis-
bursing officers of Govt. corporations
will be submitted direct to corporation
for retention in accordance with sec. 50,
Regs. Under Govt. Corp. Control Act,
27 C. G. 789, furnishing of Standard
Form No. 1095, Summary Statement of
Disbursements and Collections by Ap-
propriation Limitations, required by
Gen. Regs. No. 83, with each disbursing
officer's accounts current may be dis-
continued..
Administrative reconciliation with Treas
urer, U. S., accounts-Government corpo-
rations, in general-Regs. Under Govt.
Corp. Control Act, B-59153, Dec. 1, 1947..
Checking-Government corporations, in
general-Regs. Under Govt. Corp. Con-
trol Act, B-59153, Dec. 1, 1947.....
ADVANCE PAYMENTS:
See Payments, advance.
ADVERTISING:

Bid matters other than solicitation of bids.
See Bids.

Necessity or non-necessity:

Sole manufacturer, producer, etc.:
Certifying officer's verification of con-
tracting officer's certification-certi
fying officer is not required to verify
correctness of certificate of purchasing
or contracting officer that advertising
for bids was not required in connection
with purchases from only source of sup-
ply, pursuant to sec. 3709, R. S., as
amended; however, payment voucher
should be accompanied by statement
of facts from which it was concluded
that vendor was sole source of supply
and certificate by contracting officer or
vendor that prices claimed are not in
excess of those charged general public..
Supporting evidence requirements—
certifying officer is not required to ver-
ify correctness of certificate of purchas-
ing or contracting officer that adver-
tising for bids was not required in con-
nection with purchases from only source
of supply, pursuant to sec. 3709, R. S.,
as amended; however, payment vouch-

799

ADVERTISING-Continued.

Necessity or non-necessity-Continued.
Sole manufacturer, producer, etc.-Con.

er should be accompanied by state-
ment of facts from which it was con-
cluded that vendor was sole source of
supply and certificate by contracting
officer or vendor that prices claimed
are not in excess of those charged gen-
eral public...--
Newspapers-authorization requirements—
surplus property disposal advertising-
provisions of sec. 3828, R. S., requiring ad-
vance written approval of head of depart-
ment for newspaper advertising, are not for
application where advertising respecting
availability of surplus property for sale 30
days before its abandonment or destruc-
tion is placed in local newspapers by con-
tracting officers of disposal agency pursu-
ant to mandatory advertising require-
ments of regulation-having force and ef-
fect of law-issued in furtherance of the
provisions of sec. 11(e), Surplus Property
Act of 1944, as amended, authorizing Sur-
plus Property Adm. to prescribe regula-
tions for "uniform and wide public notice
concerning surplus property available for
sale"..

Readvertisement-requirement where origi-
nal advertising elicits no bids complying
with specifications-where no bid offering
delivery within specified time was received
in response to invitation to bid submitted
to seven prospective bidders, it may be re-
garded that there has been satisfactory
compliance with requirements for advertis-
ing for bids prescribed by sec. 3709, R. S.,
as amended, so that cancellation of invita-
tion and issuance of purchase order to one
of two bidders offering lower price and
specifying earlier time for delivery is not
objectionable.....
AFFIDAVITS:

Evidentiary value to support presumption of
death-affidavits submitted in lieu of
standard certificate of death indicating
that former enlisted man was last seen alive
in area demolished by explosion which oc-
curred in Texas City, Tex., on Apr. 16, 1947,
and that his body has not been recovered
and he has not been seen nor heard from
since that date, together with publicized
reports of disaster, are sufficient to justify
inference or presumption that man died in
such disaster so as to warrant settlement
with his survivors for unused military
leave to his credit at time of discharge in
manner prescribed by Armed Forces
Leave Act of 1946..
ALLOWANCES:
Clothing. See Clothing.

Personal money allowance-admirals and
generals appointed under act of Mar. 23,
1946-rate to be included in retired pay of
officers serving as Commandant of Marine

Corps-upon retirement, whether before or
after expiration of his term of office as
Commandant of Marine Corps, officer
appointed to permanent rank of general in
Marine Corps pursuant to sec. 2, act of
Mar. 23, 1946, will be entitled to personal
money allowance of $2,200 per annum
specifically authorized by said sec. 2 to be
included as part of retired pay of officers
appointed as general under that section,
rather than to personal money allowance
of $4,000 per annum authorized by general
provision in sec. 504 (e), Officer Personnel
Act of 1947, for any officer "while so sery-
ing" as Commandant of Marine Corps....
Quarters allowance, etc. See the appro-
priate heading elsewhere in this index
digest.

Saved pay and allowances. See Pay, saved
pay and allowances.
AMERICAN BATTLE MONU.
MENTS COMMISSION:
Appropriations. See Appropriations,
American Battle Monuments Commission.
ANNUAL LEAVE:

See Leaves of Absence, annual.
APPOINTMENTS:

See, also, related heading: Personal Services.
Effective date constructive date for ap-
pointees who previously lost appointment
opportunity because of military service-
refusal or disqualification for first-offered
appointment after military service-not-
withstanding that person who was on list of
eligibles for probational appointment, but
who lost opportunity for appointment be-
cause of military service, may have de-
clined, or failed to qualify for, appoint-
ment when first offered after military
service, such person is entitled under act
of July 31, 1946, upon subsequent appoint-
ment to have his seniority and initial
salary rate established on basis that he
had rendered constructive service from
date lower eligible received probational
appointment to date appointment first
was offered upon return from military
service

Initial salary rates. See Compensation, ini-
tial salary rates.

Seat of government. See Personal Services,
seat of government.

Without compensation-expert or consultant
employment on temporary basis-in ab-
sence of statute specifically fixing amount
to be paid in particular case, expert or con-
sultant whose services are procured by
contract on temporary or intermittent
basis without regard to civil service or
classification laws, in accordance with sec.
15, administrative expense statute of Aug.
2, 1946, may agree to serve without com-
pensation and thereafter be estopped from
asserting any valid claim for compensation
on account of services performed

Page

APPROPRIATIONS:

Adjustments erroneous charges to appro-
priations-Government corporation ad-
justments-journal voucher adjustment
in lieu of G. A. O. adjustment-Govt.
corporations subject to Regs. Under Govt.
Corp. Control Act. 27 C. G. 789, need not
submit direct to G. A. O., in compliance
with Gen. Regs. No. 99, Standard Form
No. 1097 for purpose of adjusting erroneous
charges or credits in limitation or project
accounts within same appropriation, but,
rather, such adjustments on books of cor-
poration may be accomplished by means
of journal vouchers supported by pertinent
information and data..
American Battle Monuments Commission-
availability for purchase of books and
reports of military leaders-books or pub-
lished reports of military leaders-other
than newspapers or periodicals-which
have been determined by American Battle
Monuments Com. to be essential to pro-
curement of authoritative historical data
concerning military operations in connec-
tion with duties imposed by sec. 2, act of
June 26, 1946, for preparation of plans and
estimates for erection of memorials where
American armed forces have served may be
purchased from funds appropriated for
Com.'s necessary expenses by Independent
Offices Appro. Act, 1948, even though not
specifically authorized therein...................
Augmenting-purchase of postage stamps
for penalty-mail purposes purchase of
postage stamps by National Capital
Housing Authority from special deposit
account for maintenance and operation of
housing developments from same purpose
for which specific amount was appropri-
ated to cover cost of penalty mail of
Authority for deposit in general fund of
Treasury as required by sec. 2, act of June
28, 1944, is to be regarded as unauthorized
augmentation of penalty-mail appropria-
tion, and voucher covering such pur-
chase may not be certified for payment...
Availability:

Entertainment. See Entertainment.
Expenses incident to specific purpose-
purchase of books and reports of mili-
tary leaders-books or published reports
of military leaders-other than news-
papers or periodicals-which have been
determined by American Battle Monu-
ments Com. to be essential to procure-
ment of authoritative historical data con-
cerning military operations in connection
with duties imposed by sec. 2, act of June
26, 1946, for preparation of plans and
estimates for erection of memorials where
American armed forces have served may
be purchased from funds appropriated
for Com.'s necessary expenses by Inde-
pendent Offices Appro. Act, 1948, even
though not specifically authorized
therein......

Page APPROPRIATIONS-Continued.
Availability-Continued.

429

746

722

746

Payments to military, naval, etc., person-
nel based on administrative correction
of records-authority conferred upon
Sec. of Army, Sec. of Navy, and Sec. of
Treasury with respect to Coast Guard,
respectively, by sec. 207, Legislative
Reorganization Act of 1946, to correct
any military or naval record where in
their judgment such action is necessary
to correct error or to remove injustice,
does not vest in said department heads,
or in this Office, any authority to order
or direct allowance or payment of any
claim for money, or to use appropriated
funds to pay any claim for money, based
on corrections made in military or naval
records of individual under authority of
said sec......

Purchases for use as evidence of law viola-
tions-purchase by Civil Aeronautics
Board of air transportation tickets for
use as evidence of violations of tariff pro-
visions of Civil Aeronautics Act of 1938,
as amended, being proper incident of
Board's functions of administering and
enforcing said act, current appropriation
for necessary expenses of Board may be
regarded as available for such purpose..
Civil Aeronautics Board-availability for
purchases for use as evidence of law viola-
tions-purchase by Civil Aeronautics
Board of air transportation tickets for use
as evidence of violations of tariff provisions
of Civil Aeronautics Act of 1938, as
amended, being proper incident of Board's
functions of administering and enforcing
said act, current appropriation for neces-
sary expenses of Board may be regarded
as available for such purpose...
Commerce Department:

Bureau of Standards:

Availability for enlargement and mod-
ernization of cafeteria-extensive
structural changes and replacement of
worn-out equipment, contemplated in
enlargement and modernization of
cafeteria at National Bur. of Stand-
ards, do not fall within category of
maintenance and protection, nor do
they constitute repairs or alterations
within meaning of said terms as ordi-
narily construed, but, rather, consti-
tute "public improvement" within
meaning of sec. 3733, R. S., which, in
absence of specific provision therefor,
may not be charged to current appro-
priation for "maintenance and protec-
tion of buildings, including repairs and
alterations thereto"..

Availability for replacement of worn-out
cafeteria equipment-extensive struc-
tural changes and replacement of worn-
out equipment, contemplated in en-
largement and modernization of cafe-
teria at National Bur. of Standards,

APPROPRIATIONS-Continued.

Commerce Department-Continued.
Bureau of Standards-Continued.

'do not fall within category of mainte-
nance and protection, nor do they con-
stitute repairs or alterations within
meaning of said terms as ordinarily
construed, but, rather, constitute
"public improvement" within mean-
ing of sec. 3733, R. S., which, in absence
of specific provision therefor, may not
be charged to current appropriation for
"maintenance and protection of build-
ings, including repairs and alterations
thereto".
Deficiencies-anti-deficiency prohibition as
barring long-term operating-differential
subsidies-U. S. Maritime Com. being
specifically authorized by sec. 603 (a),
Merchant Marine Act of 1936, as amended,
to enter into operating-differential subsidy
agreements for periods not to exceed 20
years, Anti-Deficiency Act (sec. 3679, R.
S.), prohibiting involvement of Govt. in
any contract or obligation for future pay-
ment of money in excess of appropriations
unless authorized by law, is not bar to exe-
cution by Com. of long-term operating-
differential subsidy agreements...
Deficiency:

Availability, etc., as related to original
appropriation, in general-deficiency ap-
propriation is one made to pay legal
liability for payment of which appropria-
tion previously made is insufficient; and
it supplements original appropriation,
partakes of its nature and is available to
same extent and for same period as origi
nal appropriation....
Fiscal-year availability-in view of pro-
visions of sec. 3690, R, S., limiting avail-
ability of appropriations to payment of
obligations incurred during fiscal year
for which appropriation was specifically
made, additional funds appropriated by
Second Urgent Deficiency Appro. Act,
1947, approved June 27, 1947, to Dept. of
Justice for printing and binding, fiscal
year 1947, are not available for such pur-
poses where appropriation was not
obligated on or prior to June 30, 1947..
Emergency Fund for the President-avail-
ability for per diem allowance for service
personnel at headquarters-Naval Reserve
officers who, after dates scheduled for their
release from active duty, remained on
active duty at their permanent duty sta-
tions for performance of temporary duty
with Coal Mines Adm. may be paid per
diem in lieu of subsistence for such tem-
porary duty from funds allocated to Sec. of
Interior from "Emergency Fund for the
President" for necessary expenses in con-
nection with seizure and operation of coal
mines, even though they were not away
from their designated posts of duty within

Page APPROPRIATIONS-Continued.
meaning of sec. 12, Pay Readjustment Act
of 1942, as amended. 26 C. G. 902, ampli-
fied..
Fiscal year:

634

452

96

96

Appropriation chargeable with burial ex-
penses-burial expenses of certain mili-
tary and civilian personnel of Dept. of
Army incurred under Govt. contract, as
authorized by 5 U. S. C. 103a and 10
U. S. C. 916-916d, are chargeable to ap-
propriation current at time contract
obligation arose, regardless of date of
death; but, where allowable burial serv-
ices are secured by relatives or others not
connected with Govt., appropriation
current at time amount of claim is ad-
ministratively recommended for pay-
ment may be charged with such expenses
as are finally allowed, regardless of date
of death or of certificate of settlement of
this Office...
Appropriation chargeable with depend-
ents' transportation-expenses of trans-
portation of employee's immediate fam-
ily in connection with transfer of official
station, as authorized by administrative
expense statute of Aug. 2, 1946, are
chargeable to appropriation current at
time such expenses are incurred, and not
to appropriation current at time of issu-
ance of the transfer order, in absence of
specific statutory provision to con-
trary...

Appropriation chargeable with household
effects transportation-expenses of trans-
portation of employee's household effects
in connection with transfer of official
station, as authorized by administrative
expense statute of Aug. 2, 1946, are
chargeable to appropriation current at
time such expenses are incurred, and not
to appropriation current at time of issu-
ance of the transfer order, in absence of
specific statutory provision to contrary..
Appropriation chargeable with payment of

claims under Federal Tort Claims Act:
Appropriation current at time head of
Federal agency, or his designee, finally
determines Govt.'s liability with
respect to claim covered by sec. 403 (a),
Federal Tort Claims Act, is appropria-
tion obligated for and chargeable with
payment of amount of adjudicated
claim......

Under sec. 403, Federal Tort Claims Act,
which, in providing for administrative
adjustment of tort claims, did not ap-
propriate funds or authorize use of
general appropriations theretofore
made for payment of such claims, but
merely provided for use of appropria-
tions "that may be made," only ap-
propriation current at time Govt.'s
liability with respect to tort claim
finally is determined is one obligated