APPROPRIATIONS-Continued

Availability-Continued

trant as result of compliance with order,
valid or otherwise, of local draft board..
Credit association membership-Govern-

ment Agency-inhibition in sec. 8 of act
of June 26, 1912, against payment of
membership fees of officers and em-
ployees from appropriated funds does
not prohibit use of Economic Stabiliza-
tion Agency's salaries and expenses ap-
propriation for payment of fee for mem-
bership of an office of that Agency in credit
association where primary purpose of
membership is to facilitate procurement
and reduce cost of credit reports neces-
sary to enforcement functions of Agency
under Defense Production Act of 1950..
Fiscal year limitation matters. See Appro-
priations, fiscal year.

Motor vehicle parking fees, fines, etc. See
Fees, parking: Courts, fines.
Occupational, trade, etc., licenses-State,
municipal, etc. fees-State statute
which provides that no person shall be
permitted to project any motion picture,
either theatrical or non-theatrical, with-
out first obta ning State license therefor
has no application to U. S. in conduct of
its activities and therefore, Federal em-
ployee who obtained at personal expense
State license to operate motion picture
projector in connection with his official
duties may not be reimbursed such
expense from appropriated unds...
Personal services-experts and consult-
ants-court appointments in connection
with Government litigation-expert en-
gineering consultant appointed under
court order which provided that tech-
nical services were to be performed for
and under sole direction of court and
that costs thereof were to be borne by
Bur. of Reclamation-defendant in
pending itigation-is not employee of
Bureau, and therefore, is not entitled
to payment from appropriations other-
wise available to Bureau for compensa-
tion of experts and consultants......
Photographs-officers and employees-
photographs of Govt. official to be used
in newspapers or other publications in
connection with public addresses before
national organizations in interest of
publicizing current defense program, are
of personal nature, and therefore, costs
of such photographs are not chargeable
to public funds.

Physical examinations. See Physical Ex-
aminations.

Tuition for special training of officers and
employees. Forest Service employees-
appropriation "Salaries and Expenses,
Forest Service" is available for pay.
ment of expenses incurred by employee
of Forest Service in attending course

Page APPROPRIATIONS-Continued
Availability-Continued

35

398

81

232

452

of instruction of brief duration at uni-
versity for training in identification and
grading of hardwood lumber incident
to his official duties......
Vehicles-purchase, replacement, etc.
See Vehicles.
Balances:

Unexpended-availabi ity extended-
Working Fund Adjustment procedure-
Acctg. Sys. Memo. 22, June 10, 1952.
Unobligated-reappropriated-Working
Fund Adjustment procedure-Acctg.
Sys. Memo. 22, June 10, 1952_
Boards and commissions-statutory creation
authority requirement—National Minerals
Advisory Council-act of May 16, 1910,
establishing Bur. of Mines, contains
specific authority to conduct inquiries
and investigations in mineral industries
and also provides for appointment of pro-
fessional personnel for those purposes,
thus refuting nécessity for creation by
Sec. of Interior of National Minerals Ad-
visory Council to perform said inquiries
and investigations, and therefore, pro
hibition in 31 U. S. C. 673, against use of
public funds for creation of any council not
specifically authorized by law. precludes
payment of any expenses of National
Minerals Advisory Council. 27 C. G. 630
affirmed.....

Compensation of suspended employees
restored to duty-outside earning deduc-
tions-disposition-in making payment of
compensation for periods of employee's
unjustified suspension from service under
act of Aug. 24, 1948, as amended by act
of June 10, 1948, deductions for earnings
through other employment during period
involved are not for transfer to miscellan-
eous receipts but should remain to credit
of salary appropriation from which pay.
ment is made.......
Deficiencies-anti-deficiency prohibition
applicability-police, firemen, etc., pension
increases-pension increases for retired
members of Metropolitan Police Dept.,
U. S. Park Police, White House Police,
and Fire Dept. proposed to be paid under
discretionary authority vested in Board
of Commissioners, Dist. of Col., by act
of July 1, 1930, are not "obligations author
ized by law" within anti-deficiency pro-
vision of sec. 1211, General Appro. Act,
1951, which may be paid irrespective of
incurrence of any deficiency, and payment
therefor from Dist. of Col. appropriations
which are subject to anti-deficiency pro
visions of act is unauthorized in absence
of sufficient funds..
District of Columbia:
Civil Defense-purchase of penicillin-in
view of specific appropriation in Supple-
mental Appro. Act, 1952, making funds

APPROPRIATIONS-Continued

District of Columbia—Continued

available for "all expenses necessary" for
Civil Defense Program of Dist. of Col.,
there is no authority of law to charge any
appropriation of Dist. Health Dept. for
District's share of cost of penicillin to be
used for Civil Defense purposes...
Health Department-purchase of penicil-
lin-Civil Defense-in view of specific
appropriation in Supplemental Appro.
Act, 1952, making funds available for "all
expenses necessary" for Civil Defense
Program of Dist. of Col., there is no au-
thority of law to charge any appropria-
tion of Dist. of Col. Health Dept. for
District's share of cost of penicillin to
be used for Civil Defense purposes..
Legal services rendered in criminal cases-
provisions in Dept. of Justice annual ap
propriation acts requiring reimburse
ment by Dist. of Col. of 60 percent of
expenditures for offices of U. S. attorney
and U. S. Marshal for Dist. of Col. do
not require reimbursement of expendi
tures which are disbursed from appro-
priation "Support of United States
Prisoners" by said U. S. Marshal for
prisoners charged exclusively with Fed
eral offenses

Police, firemen, etc., pension increases—
pension increases for retired members of
Metropolitan Police Dept., U. S. Park
Police, White House, and Fire Dept.
proposed to be paid under discretionary
authority vested in Board of Commis-
sioners, Dist. of Col. by act of July 1,
1930, are not "obligations authorized by
law" within anti-deficiency provision of
sec. 1211, General Appro. Act, 1951,
which may be paid irrespective of incur
rence of any deficiency, and payment
therefor from Dist. of Col. appropria-
tions which are subject to anti-deficiency
provisions of act is unauthorized in
absence of sufficient funds..
Policemen and firemen's relief fund-
medical treatment for firemen injured
in line of duty-fireman who was burned
preparing hot meals while on duty at
quarters of engine company and treated
in civilian hospital may be regarded as
having been injured "in actual discharge
of his duty" within meaning of that
phrase as used in act of Sept. 1, 1916,
which provides that expenses for such
treatment shall be paid from policemen
and firemen's relief fund.....
Psychiatric services rendered in criminal

cases:

Cost of psychiatric services rendered in
criminal cases tried in Municipal Ct.
of Dist. of Col. in name of U. S. by
U. S. Attorney pursuant to provisions
of sec. 101, title 23, of Dist. of Col.
Code, is chargeable to Dept. of Justice

Page APPROPRIATIONS-Continued

491

491

566

238

472

District of Columbia—Continued
Psychiatric services rendered-Con.
appropriation "Support of United
States Prisoners" only appropriation
available for that purpose, and avail-
ability remains same whether services
are rendered pursuant to motion of U.
8. Attorney, or on behalf of accused,
or by order of court....
Provisions in Dept. of Justice annual ap-

propriation acts requiring reimburse-
ment by Dist. of Col. of 60 percent of
expenditures for offices of U. S. Attor
ney and U. S. Marshal for Dist. of Col.
are applicable to expenditures for psy-
chiatric services rendered in criminal
cases tried in Municipal Ct. of Dist.
of Col. in name of U. S. by U. S. Attor-
ney pursuant to sec. 101, title 23, of
Dist. of Col. Code...
Provisions in Dept. of Justice annual ap-
propriation acts requiring reimburse-
ment by Dist. of Col. of 60 percent of
expenditures for offices of U. S. Attor
ney and U. S. Marshal for Dist. of
Col. are applicable to expenditures for
psychiatric services rendered strictly
in Federal cases in U. S. Dist. Ct. for
Dist. of Col., for which payments are
made from appropriation "Support of
United States Prisoners" pursuant to
authority in act of Sept. 7, 1949..
School construction-limitation on munic-
ipal architect's funds-specific limitation
in appropriation "Capital Outlay, Pub-
lic School Construction, Sites and
Equipment" contained in Dist. of Col.
Appro. Act, 1952, upon amount to be
made available for use of Municipal
Architect, fixes maximum amount that
may be transferred to appropriation ac-
count "Office of Municipal Architect,
Construction Services," for plans and
specifications incident to public school
construction, and therefore, general per-
centage limitation provision on construc-
tion work provided in said act may not
operate to increase amount so fixed.....
Federal Civil Defense Administration:
Contributions to States:

Obligations incurred prior to Govern-
ment commitment-authorization in
sec. 201 (i) of Federal Civil Defense
Act, 1950, to make contributions to
States on basis of civil defense pro-
grams or projects approved by Ad-
ministrator includes authority to make
contributions upon Administrator's
approval where equipment was con-
tracted for and purchased by State
after date Federal appropriation be-
came available for such contribution
but prior to Govt's. commitment to
contribute to cost thereof; however,
retroactive payments may not be made

APPROPRIATIONS-Continued
Federal Civil Defense Administration-
Continued

Contributions to States-Continued

for obligations incurred or expendi-
tures made by States prior to date
appropriation becomes available to
make contributions to States..
Retroactive payment-authorization in
sec. 201 (i) of Federal Civil De-
fense Act, 1950, to make contributions
to States on basis of civil defense pro-
grams or projects approved by Ad-
ministrator includes authority to make
contributions upon Administrator's
approval where equipment was con-
tracted for and purchased by State
after date Federal appropriation be-
came available for such contribution
but prior to Govt's. commitment to
contribute to cost thereof; however,
retroactive payments may not be made
for obligations incurred or expendi-
tures made by States prior to date
appropriation becomes available to
make contributions to States......
State's acceptance of agreement as ob-
ligating-appropriations made avail-
able to Federal Civil Defense Adm.
for financial contributions to States
for procurement of equipment, facili-
ties, etc., pursuant to sec. 201 (i) of
Federal Civil Defense Act of 1950, are
legally obligated on effective date of
State's acceptance of agreement set-
ting forth conditions under which con-
tribution is made, and remain avail.
able for expenditure for two years fol.
lowing fiscal year or years for which
appropriated, even though contracts
with suppliers-entered into by Govt.
or State-for actual procurement are
not executed during said fiscal year
or years....

Fiscal year. See also, Appropriations, obli-

gation.

Availability beyond:

Balances merged with subsequent fiscal

year:

Personal service limitation:

Personal service limitation on ap-
propriation for Federal-aid airport
program, Federal Airport Act con-
tained in Dept. of Commerce Ap-
pro. Act, 1952, is applicable to
funds carried over from 1951 ap-
propriation and merged with
funds made available by 1952 act.
Personal services limitation on funds
appropriated in Dept. of Com-
merce Appro. Act, 1952, for Seven-
teenth Decennial Census is not
applicable to unobligated balances
of prior year funds for said Census
with which 1952 appropriation
was merged......

Availability beyond-Continued
Balances merged with subsequent fiscal
year-Continued

Personal service limitation-Con.
Personal services limitation in ap-
propriation for Federal-aid airport
program, Federal Airport Act con-
tained in Dept. of Commerce
Appro. Act, 1952, is applicable
only to funds appropriated there-
for in 1952 act and does not apply
to any of 1951 funds merged with
1952 appropriation. 31 C. G. 275,
overruled...

Personal services limitation on funds
appropriated for Tongass Forest
Highways, Alaska, and Inter-
American Highway contained in
Dept. of Commerce Appro. Act,
1952, is applicable only to appro-
priations made therein and does not
apply to any balances of prior ap-
propriations for such purposes
merged with 1952 appropriations.
B-106306, Dec. 12, 1951, overruled.
Reimbursements. See Appropriations,

reimbursements, interagency services,
period of availability.

Working funds. See Funds, working,
period of availability.

Exclusion from merger with no year
funds-general provisions of sec. 202 (b)
of Budget and Accounting Procedures
Act of 1950 authorizing merger of funds
transferred thereunder with similar
funds do not prevail over specific pro-
visions of sec. 711 of Defense Production
Act of 1950, as amended, restricting
availability of funds allocated or trans-
ferred to period specified in acts making
such funds available, so that funds
available for salaries and expenses of
Defense Materials Procurement Agency
for service of fiscal year may not be
merged with those made available until
expended....

Transportation of household effects-
expenses incurred by employee for
transportation of his household goods,
incident to permanent change of sta
tion, are chargeable to appropriation
current for fiscal year in which em-
ployee becomes entitled to reimburse-
ment, and in cases where employee's
household goods are shipped by Govt.
expenses involved are chargeable to
fiscal year appropriation current st
time carrier picks up goods....
Transportation of public property-
transportation charges for material
shipped from one Govt. installation
to another, after title to property has
vested in U. S., are not to be considered
part of contract expense in purchasing

Page

543

543

342

471

tion of court appointees-expert engineering
consultant appointed under court order
which provided that technical services
were to be performed for and under sole
direction of court and that costs thereof
were to be borne by Bur. of Reclamation-
defendant in pending litigation-is not
employee of Bureau, and therefore, is not
entitled to payment from appropriations
otherwise available to Bureau for com
pensation of experts and consultants......
Justice Department:

Immigration and Naturalization Service-
overtime payment limitation-court de-
cision contrary to Comp. Gen decision-
proviso in Dept. of Justice Appro. Act,
1948, precluding payment of overtime
compensation by Immigration and
Naturalization Service other than as
provided in Federal Employees Pay
Acts of 1945 and 1946 placed specific
limitation upon use of appropriated
funds for fiscal year 1948 which G. A. O.
is required to observe and is without
authority to certify for payment claims
for overtime compensation contrary
thereto, notwithstanding decision by
Court of Claims that limitation did not
preclude payment under act of Mar. 2,
1931, from other appropriations....
Litigation expenses-incidental expenses-
Dept. of Justice appropriation "Salaries
and Expenses, General Legal Activities "
is available for expenses necessary for
legal activities of Dept. of Justice not
otherwise provided for, including miscel
laneous and emergency expenses author..
ized or approved by Attorney General
or his administrative assistant..
"Support of United States Prisoners":
Psychiatric services rendered for District
of Columbia:

Cost of psychiatric services rendered
in criminal cases tried in Municipal
Ct. of Dist. of Col. in name of U. S.
by U. S. Attorney pursuant to pro-
visions o sec 101 title 23, of Dist.
of Col. Code, is chargeable to Dept.
of Justice appropriation Support of
United States Prisoners" only ap
propriation available for that pur-

Page APPROPRIATIONS-Continued
Justice Department-Continued
"Support of United States Prisoners"—
Continued

46

232

73

661

Psychiatric services rendered for District
of Columbia-Continued

pose, and availability remains same
whether services are rendered pur
suant to motion of U. S. Attorney,
or on behalf of accused, or by order
of court..
Provisions in Dept. of Justice annual
appropriation acts requiring reim-
bursement by Dist. of Col. of 60
percent of expenditures for offices of
U. S. Attorney and U. S. Marshal
for Dist. of Col. are applicable to ex-
penditures for psychiatric services
rendered in criminal cases tried in
Municipal Ct. of Dist. of Col. in
name of U. S. by U. S. Attorney
pursuant to sec. 101, title 23, of
Dist. of Col. Code..
Provisions in Dept. of Justice annual
appropriation acts requiring reim-
bursement by Dist. of Col. of 60
percent of expenditures for offices
of U. S. Attorney and U. S. Marshal
for Dist. of Col. are applicable to
expenditures for psychiatric services
rendered strictly in Federal cases in
U. S. Dist. Ct. for Dist. of Col., for
which payments are made from ap-
propriation "Support of United
States Prisoners" pursuant to au
thority in act of Sept. 7, 1949..
Services rendered by U. S. Marshal for
District of Columbia-provisions in
Dept. of Justice annual appropriation
acts requiring reimbursement by Dist.
of Col. of 60 percent of expenditures
for offices of U. S. Attorney and. U. S.
Marshal for Dist. of Col.. do not re
quire reimbursement of expenditures
which are disbursed from appropria
tion "Support of United States Pris-
oners" by said U. S. Marshal for

prisoners charged exclusively with
Federal offenses..

Lapsed-Working Fund Adjustment pro-
cedure-Acctg. Sys. Memo. 22, June 10,

1952-

Limitations:

Annual leave accrual payment restriction:
Economic Stabilization Agency-while
temporary appropriations provided for
all Govt. departments by act of July 1,
1951, brought Economic Stabilization
Agency within provisions of sec. 1212
of General Appro. Act, 1951, prohibit-
ing expenditure of funds for payment
of 1950 annual leave accruals unused
by July 1, 1951, such prohibition was
not contained in Supp. Appro. Act,
1952, and therefore, temporary applica-
tion of prohibition did not require

APPROPRIATIONS-Continued

Limitations-Continued

Annual leave accrual payment restriction—
Continued

permanent loss of leave by employees
of said agency and payment for such
leave may be made from funds made
available by 1952 act....
Employees on temporary duty overseas-
employees of Dept of Justice who were
on loan or detailed to Displaced Per-
sons Com. and were on temporary
duty overseas under orders authorizing
travel out of permanent duty station
in U. S. and received per diem in lieu
of subsistence, would not be considered
as being at post of duty outside con-
tinental U. S. as those words are used
in exception to sec. 1212 of General
Appro. Act, 1951, therefore such em.
ployees would not be permitted to
retain credit and receive payment for
annual leave earned during calendar
year 1950 and not used by June 30,
1951..

Judges-provisions of sec. 3 (c) of act of
Apr. 1, 1942, authorizing granting of
36 days of vacation during calendar
year to judges of Municipal Court
for District of Columbia are not af-
fected by provisions in sec. 601, title
VI, of Independent Offices Appro-
priation Act. 1952, prohibiting expend
iture of funds for payment for 1951
annual leave accruals of officers and
employees unused at close of business
on June 30, 1952, and reducing rate of
annual leave earned after July 1, 1951,
by such officers and employees......------
Students employed during summer
months-annual leave earned during
calendar year 1950 and not used prior
to close of business on June 30, 1951, by
students employed in Bur. of Reclama-
tion as engineer trainees during sum-
mer vacation months who were carried
in leave without pay status during
school session 1950-1951, is not for-
feited under sec. 1212 of General Appro.
Act, 1951, and may be substituted for
corresponding period of said leave
without pay and payment made there-
for as having been taken prior to June
30, 1951.

District of Columbia school construc-
tion-limitation on municipal architect's
funds-general limitation v. specific lim-
itation-specific limitation in appropria-
tion "Capital Outlay, Public School
Construction, Sites and Equipment"
contained in Dist. of Col. Appro. Act,
1952, upon amount to be made available
for use of Municipal Architect, fixes
maximum amount that may be trans-
ferred to appropriation account "Office
of Municipal Architect, Construction,

Page APPROPRIATIONS-Continued

Limitations-Continued

Services," for plans and specifications
incident to public school construction,
and therefore, general percentage limit-
ation provision on construction work
provided in said act may not operate
to increase amount so fixed...
Personal services:

Attachment to funds merged with funds
subject to limitation:

Personal service limitation on appro-
priation for Federal-aid airport pro-
gram, Federal Airport Act contained
in Dept. of Commerce Appro. Act,
1952, is applicable to funds carried
over from 1951 appropriation and
merged with funds made available
by 1952 act

Personal services limitation on funds
appropriated in Dept. of Commerce
Appro. Act, 1952 for Seventeenth
Decennial Census is not applicable
to unobligated balances of prior year
funds for said Census with which
1952 appropriation was merged................
Personal services limitation in appro-
priation for Federal-aid airport pro-
gram, Federal Airport Act contained
in Dept. of Commerce Appro. Act,
1952, is applicable only to funds ap-
propriated therefor in 1952 act and
does not apply to any of 1951 funds
merged with 1952 appropriation.
31 C. G. 275, overruled...........
Personal services limitation on funds
appropriated for Tongass Forest
Highways, Alaska, and Inter-
American Highway contained in
Dept. of Commerce Appro. Act,
1952, is applicable only to appropria-
tions made therein and does not
apply to any balances of prior appro-
priations for such purposes merged
with 1952 appropriations. B-106306,
Dec. 12, 1951, overruled...
Employment ceiling computation-Geo-
logical Survey-in applying provisions
of sec. 605 o. Independent Offices
Appro. Act, 1952, restricting expendi-
ture of funds for payment of compen
sation of employees appointed to posi-
tions becoming vacant during fiscal
year 1952, to funds made available to
Geological Survey by transfer there
may be used composite personnel ceil
ing established on basis of individual
ceiling calculated by analysis of each
source of funds....
Immigration and Naturalization Service
employees overtime claims court de-
cision contrary to Comp. Gen. deci-
sion-proviso in Dept. of Justice
Appro. Act, 1948, precluding payment
of overtime compensation by Immi-
gration and Naturalization Service