ALLOWANCES-Continued.

In general-Continued.

435

Effect of temporary war promotions on
allowances in kind already furnished in
enlisted status while under act of
June 30, 1942, military, etc., personnel
temporarily appointed pursuant to act
of July 24, 1941, are entitled to pay and
allowances of rank to which so appointed
from date such appointments are made,
such provisions have never been applied
so as to retroactively change allowances
already furnished in kind...............
Effect of temporary war promotions on
rights to allowances in kind accrued in
lower rank-where naval officer, prior to
receipt of notice of temporary promotion
to higher rank, is required to comply
with orders for permanent change of
station as officer of lower rank, he is not
entitled to weight allowance of house-
hold effects authorized by Navy regula-
tions to be transported in kind for
officers of higher rank, by virtue of sec. 5,
act of June 30, 1942, providing that per-
sonnel temporarily appointed pursuant
to act of July 24, 1941, shall be entitled to
pay and allowances of rank to which so
appointed from date of appointments... 1107
"Sea duty" status as a question of fact-
whether particular duty is "sea duty”
for pay and allowances purposes is a
question of fact...
Statutory provision governing allowances
of retired officers after June 1, 1942–—
subsequent to June 1, 1942, pay and
allowances of retired officers, whether
in active or inactive duty status, are
covered by sec. 15 of Pay Readjustment
Act of 1942.

Saved pay and allowance matters.
Pay, saved pay and allowance matters.

ANNUAL LEAVE:

See Leaves of Absence, annual.
ANNULMENT OF MARRIAGE:
Divorce distinguished, generally.

See

Rental, quarters, and subsistence allow-
ances-payee's refund liability-Navy
officer whose marriage was, upon officer's
own petition, annulled and decreed void
ab initio should be required to make restitu-
tion of amounts previously received as
rental and subsistence allowances pur-
suant to act, June 10, 1922, as amended,
on account of a "lawful wife".

APPOINTMENTS:

See, also, related heading: Personal Services.
Federal departmental approval of appointee
of State governor as constituting appointee
a Federal appointee—because person
appointed for strictly Federal duties by
Federal departmental official, with "ap-
probation" of head of department, is to
be regarded as appointed by head of de-
partment, it does not follow necessarily
that person appointed by governor of
sovereign State with approval of Sec. of

467

175

316

316

Page

War, to assume mixed duties and responsi-
bilities arising out of Federal and State
relationship with respect to Natl. Guard
matters, is to be regarded as appointed
by Sec. of War....
"Financially interested" employment re-
strictions-pensions as constituting finan-
cial interest-person who, as an ex-em-
ployee, receives a pension from a company
engaged in manufacture of telephone
equipment is "financially interested" in
such company so as to be barred from
employment by Federal Communications
Commission by section 4 (b) of Com-
munications Act of 1934 that no person
in employ of the Commission shall be
financially interested in certain specified
activities or entities, such as manufacture
or sale of apparatus for wire or radio com-
munication, or in companies furnishing ap-
paratus to other companies engaged in wire
or radio communication, etc..
Rate of compensation of new appointee as
being governed by that of predecessor
if basic salary rate of employee appointed
by Howard University or Columbia In-
stitution for Deaf is authorized to be fixed
within discretion of administrative office
without regard to any law, there is no
legal requirement that said basic salary
rate be the same as that of his predecessor.
Seat of government. See Personal Serv-
ices, seat of government.
Temporary-conscientious objectors—assign-
ment to work of Government agencies-
conscientious objectors who are assigned
under Selective Training and Service Act
of 1940 and Exec. Order 8675 to Coast
and Geodetic Survey, Commerce Dept.,
for performance of "work of national im-
portance" may not be given temporary
appointments as civil servants or employ-
ees of U. S........
APPROPRIATIONS:

Adjustment schedule of adjustments
form. See Accounts, schedule of adjust-
ments.

Administrative Office of U. S. Courts:
Availability for purchase of employee's

pamphlet on an official matter:
Copies of a special printing, with certain
additions, of a pamphlet prepared in
its original form by a Referee in Bank-
ruptcy on procedure, etc., for handling
estates of bankrupts may be procured
from the private publisher for official
use by Administrative Office of U. S.
Courts and cost thereof may be
charged to an appropriation available
for purchase of law books, rather than
to a printing and binding appropria-
tion, if pamphlet was prepared and
published by Referee on his private
responsibility, with permission of
agency under which serving at time
of its publication, and the Govt. has
no proprietary interest therein........

APPROPRIATIONS-Continued.
Administrative Office of U. S. Courts—
Continued.

Availability for purchase of employee's

pamphlet on an official matter-Con.
No objection made to procurement, for
distribution free of charge to concilia-
tion commissioners, by Administra-
tive Office of U. S. Courts of pamphlet
prepared by Referee in Bankruptcy
on procedure, etc., for handling estates
of bankrupts, if it be administratively
determined that pamphlet is required
for proper administration of said Office
and that it should be so made avail-
able to commissioners, there only
being for consideration whether, by
reason of official status of author cost
should be charged to "printing and
binding" or "law books" appropria-
tion....
Procurement for official use by Admin-
istrative Office of U. S. Courts of
copies of a special printing, with cer-
tain additions, of a pamphlet prepared
in its original form by a Referee in
Bankruptcy, and published by a
private publisher, on procedure, etc.,
for handling estates of bankrupts con-
stitutes a matter of printing and bind-
ing if pamphlet was prepared by
Referee in his official capacity and
Govt. has a proprietary interest there-
in, and, under such circumstances, cost
must be charged to printing and
binding appropriation regardless of
whether printing be done by Govt.
Printing Office pursuant to act, Mar.
11, 1919, or whether procured elsewhere
under proper authorization..

Availability:

Expenses incidental to specific purpose-
prevention of illness of employees—
periodic physical examinations of civilian
employees at chemical warfare labora-
tory for protection of their health by
early detection of arsenic poisoning repre-
sent precautionary measures to prevent
illness as distinguished from curative
medical treatment-which are primarily
for the Government's benefit as a neces-
sary incident to successful operation of
laboratory, and, therefore, expense there-
of may be paid from appropriation,
"Chemical Warfare Service, Army,
1942," available for operation of labora-
tory even though such expense is not
specifically provided for therein.....
Fiscal year limitation matters. See Ap-
propriations, fiscal year.

Particular departments and establish-
ments. See agency subheadings under
main heading: Appropriations.
Personal furnishings. See Personal Fur-
nishings.

Physical examinations. See Physical Ex-
aminations.

Page | APPROPRIATIONS-Continued.
Availability-Continued.

Police commissions for Government per-
sonnel where duties of Govt. employ-
ees require carrying of firearms for pro-
tection of Federal property, the State
or political subdivision thereof is with-
out authority to require such employees
to procure special police commissions as
a condition to carrying of firearms, and,
therefore, appropriated funds are not
available for payment of a fee incident
to procuring of any such commission....
Replacement of buildings, facilities, etc.,
by one agency for another-appropria-
tion "Acquisition of Vessels and Shore
Facilities, Coast Guard," contained in
Naval Appropriation Act, 1943, is not
available for construction of buildings
for Dept. of Agriculture to replace those
relinquished to the Coast Guard, and,
therefore, a transfer of funds from said
appropriation to Dept. of Agr. for that
purpose is not authorized..................
Writings of Government personnel on
official matters-no objection made to
procurement, for distribution free of
charge to conciliation commissioners, by
Administrative Office of U. S. Courts of
pamphlet prepared by Referee in Bank-
ruptcy on procedure, etc., for handling
estates of bankrupts, if it be adminis-
tratively determined that pamphlet is
required for proper administration of
said Office and that it should be so made
available to commissioners, there only
being for consideration whether, by rea-
son of official status of author, cost
should be charged to "printing and
binding" or "law books" appropriation_

Balances:

Transfers. See Appropriations, transfers.
"Unexpended" defined:

In general-term "unexpended," when
used with reference to appropriated
moneys, may mean either not paid out
or not obligated, depending upon con-
nection in which it is used and purpose
sought to be accomplished by its use..
Reappropriation act meaning as dis-
tinguished from use in legislation re-
quiring transfer to surplus fund-
provision in sec. 5, act, June 20, 1874,
that unexpended balances of appro-
priations which have remained upon
books of Treasury for two full fiscal
years shall be carried to surplus fund
and covered into Treasury, has been
held to mean balances not paid out,
while statutes reappropriating for
some other purpose, or for some sub-
sequent fiscal year, unused funds
under appropriation theretofore made.
have been held to mean unobligated
balances only....

APPROPRIATIONS—Continued.
Balances Continued.

"Unexpended" defined-Continued.
With relation to specific Dist. of Col.
Alley Dwelling Authority legislation—
term "unexpended balance," as used
in fiscal year 1943 appropriation for
Alley Dwelling Authority that any
unexpended balance on June 30, 1942,
of "Conversion of Inhabited Alleys
Fund" established pursuant to Dist.
of Col. Alley Dwelling Authority Act
shall be covered into the Treasury,
means unobligated balance-as distin-
guished from balance not actually paid
out-so that only that balance of said
fund remaining after reserving an
amount sufficient to liquidate valid
obligations incurred while fund was
available for obligation need be
covered into Treasury...

Civil Service Commission-availability for
naturalization certificate fees-certif-
cates furnished by civil service applicants
destroyed by Govt. employees-Govt.
itself is not responsible for wrongs, negli-
gence or omissions of duty of its officers
or agents, and, therefore, in absence of
specific statutory provision to contrary,
appropriated funds of Civil Service Com-
mission may not be used to pay statutory
fees for issuance of new naturalization cer-
tificates in lieu of certain naturalization
certificates, filed with Commission by
civil service applicants, which were de-
stroyed through negligence of Govt. em-
ployees.....
Coast Guard—“Acquisition of Vessels and
Shore Facilities”-availability for replace-
ment of building relinquished by another
Govt. agency-appropriation "Acquisition
of Vessels and Shore Facilities, Coast
Guard," contained in Naval Appropria-
tion Act, 1943, is not available for construc-
tion of buildings for Dept. of Agriculture
to replace those relinquished to the Coast
Guard, and, therefore, a transfer of funds
from said appropriation to Dept. of Agr. for
that purpose is not authorized...
Commerce Department:

Availability for compensation of con-
scientious objectors assigned to work
of department:

Funds available under Commerce Dept.
Appro. Act, 1943, to certain bureaus of
that department for expenses neces-
sary to accomplish bureau's work may
not be used to provide conscientious
objectors assigned by the Director of
Selective Service to the work of said
bureaus with any allowance of cash or
compensation of any kind.......
Funds available under Commerce Dept.
Appro. Act, 1943, to certain bureaus of
that department for expenses neces-
sary to accomplish designated objects
and purposes may be used for main-

Commerce Department-Continued.
Availability for compensation of come
scientious objectors assigned to work
of department-Continued.
tenance expenses (such as for food.
shelter, work clothes, medical care,
transportation, etc.) necessarily in-
curred in connection with utilizing
services of qualified conscientions
objectors who may be assigned to the
bureaus to aid in work of nature de-
scribed in appropriation act, which
assignments are to be made pursuant
to statutory authority vested in Di-
rector of Selective Service to utilize
services of conscientious objectors on
"work of national importance"..
Deficiencies-creation as being author-
ized-temporary compensation-increase
payments any existing appropriation for
the present fiscal year available for the
payment of salaries of employees of the
House of Representatives is available for
payment, to such employees, of the 10
percent additional compensation, in lieu
of overtime compensation, authorized by
the act of Dec. 22, 1942, within the limits-
tions specified therein, irrespective of any
deficiency that may be incurred as a result
of paying such increase of compensation..
District of Columbia-Alley Dwelling Au-
thority-"Conversion of Inhabited Alleys
Fund"-covering into Treasury of unex-
pended balance "unexpended balance"
defined-term "unexpended balance," ss
used in fiscal year 1943 appropriation for
Alley Dwelling Authority that any unex-
pended balance on June 30, 1942, of "Con-
version of Inhabited Alleys Fund" estab-
lished pursuant to Dist. of Col. Alley
Dwellng Authority Act shall be covered
into the Treasury, means unobligated bal-
ance as distinguished from balance not
actually paid out-so that only that bal-
ance of said fund remaining after reserving
an amount sufficient to liquidate valid
obligations incurred while fund was avail-
able for obligation need be covered into
Treasury..

Federal Communications Commission:
Attendance-at-meetings expense limita-

tion:

Applicability to all types of meetings—
limitation of $1,000 for expenses of at-
tendance at meetings contained in
regular appropriation, fiscal year 1943,
for salaries and expenses of Federal
Communications Commission is ap-
plicable not only to expenses of attend-
ance at meetings of societies or associa-
tions, which, but for such specific pro-
vision, would be prohibited by act,
June 26, 1912, but also to expenses of
attendance at all meetings necessary
for efficient discharge of responsibilities
of the commission when such expenses

Attendance-at-meetings expense limita-
tion-Continued.

are chargeable to said regular appro-
priation...
Applicability to another appropriation
made available for like purposes-
appropriation for national defense
activities of Federal Communications
Commission, which provides that it
shall be available for all items for
which regular appropriation is avail-
able, may be used for expenses of at-
tendance at meetings without regard
to $1,000 limitation contained in regu-
lar appropriation on amount which
may be used for expenses of such at-
tendance, but aggregate of such ex-
penses must be considered as a part of
travel expenses limitation prescribed
in national defense appropriation.....
Fiscal year:

Availability beyond:

Purchase of use of a patent for its life-
payment of a lump sum for a license
to use a patent for its remaining life
(15 years) is not in contravention of
prohibition in sec. 3648, R. S., against
payment for services in advance of
their rendition, and, therefore, there
is no legal objection to the purchase of
such a license the subject matter of
which is reasonably within the objects
for which appropriation to be charged
is available during current fiscal year.
Requisitioning of supplies in year pre-
ceding year of actual purchase-A
requisition issued by a Govt. agency
to Procurement Division, Treasury
Dept., for the procurement of sup-
plies does not consitutue incurring of
an expense or making of a contract so
as to obligate then current funds, and,
therefore, fiscal year appropriation to
be charged with cost of such supplies
is governed, not by date when requisi-
tion is issued, but by date when sup-
plies are purchased or contracted for
by Procurement Division......
Workmen's compensation awards-in

view of 31 U. 8. Code 713 with respect
to covering into the Treasury of un-
expended appropriation balances,
periodic workmen's compensation pay.
ments, extending over a number of
years, which are required to be made
to an employee of a State or other
agency injured during fiscal year 1943
while conducting defense training
courses-cost of which, including
workmen's compensation payments, is
payable from Labor-Federal Security
appropriation, 1943-may be made
from said 1943 appropriation only dur

Page | APPROPRIATIONS-Continued.
Fiscal year-Continued.

315

315

904

156

ing that year and for two fiscal years
thereafter; subsequent thereto the
matter is for consideration of Congress
under 31 U. S. Code 714.....
Chargeability as determined by time of
compensable injury rather than time
of compensation award-where a State
or other agency-engaged in conduct of
defense training courses the cost of which,
including workmen's compensation, is
to be paid from Federal funds appropri-
ated for the purpose-acts as self-insurer
under applicable workmen's compensa-
tion law with respect to its employees
conducting the courses, the fiscal-year
appropriation available for "cost of
courses" at time an employee incurs a
compensable injury is to be considered
as obligated with the cost of compensa-
tion, even though the compensation
award-whether in form of a lump sum
payment or periodic payments-may
not actually be made until after expira-
tion of fiscal year within which the in-
jury was incurred..
Lapsed-claims-reporting to Congress. See
Claims, reporting to Congress, lapsed ap
propriations.

Limitations:

Applicability to another appropriation
made available for like purposes-ap-
propriation for national defense activi-
ties of Federal Communications Com-
mission, which provides that it shall be
available for all items for which regular
appropriation is available may be used
for expenses of attendance at meetings
without regard to $1,000 limitation con-
tained in regular appropriation on
amount which may be used for expenses
of such attendance, but aggregate of such
expenses must be considered as a part of
travel expenses limitation prescribed in
national defense appropriation......
Printing and binding. See Printing and
Binding, appropriation limitations on
amounts available for expenditure.
Obligation-fiscal year chargeable. See
Appropriations, fiscal year.

Office for Emergency Management-
"Printing and Binding"-general limita-
tion on amount available for expenditure-
while appropriation for Office for Emer-
gency Management in act of July 25, 1942,
contains no limitation on amount to be ex-
pended for printing and binding, expendi
tures for such purpose are subject to general
limitation in sec. 203 of said act that
amounts expended for printing and bind-
ing, traveling expenses, etc., shall not ex-
ceed sums set forth in Ju** Pons of
Budget estimates zubmitted i
on Appropr
tives..

APPROPRIATIONS-Continued.

Transfers:

Between departments and establishments:
See, also, related heading: Departments
and Establishments, services between.
General rule as to effect on scope of ap-
propriation availability—in absence of
specific statutory authority, appro-
priated funds cannot be made avail-
able by means of transfer to another
agency or another appropriation for
objects or purposes for which such
funds would not be available under
appropriation from which transfer is
made......

General rule as to effect on scope of appro-
priation availability-in absence of speci-
fic statutory authority, appropriated
funds cannot be made available by
means of transfer to another agency or
another appropriation for objects or
purposes for which such funds would not
be available under appropriation from
which transfer is made.

Schedule of transfers-special desosits-
form. See Accounts, schedule of trans-
fers-special deposits.

To surplus fund:

Amount for transfer under specific Dist.
of Col. Alley Dwelling Authority legis-
lation-term "unexpended balance,"
as used in fiscal year 1943 appropria-
tion for Alley Dwelling Authority that
any unexpended balance on June 30,
1942, of "Conversion of Inhabited
Alleys Fund" established pursuant to
Dist. of Col. Alley Dwelling Authority
Act shall be covered into the Treasury,
means unobligated balance as dis-
tinguished from balance not actually
paid out-so that only that balance of
said fund remaining after reserving an
amount sufficient to liquidate valid
obligations incurred while fund was
available for obligation need be
covered into Treasury.

Definition of term "unexpended bal-
ances." See Appropriations, balances,
"unexpended" defined.

Treasury Department-Coast Guard. See
Appropriations, Coast Guard.

War Department-"Chemical Warfare Serv-
ice"-availability for physical examina-
tions of civilian employees-periodic
physical examinations of civilian employ-
ees at chemical warfare laboratory for pro-
tection of their health by early detection of
arsenic poisoning represent precautionary
measures to prevent illness-as distin-
guished from curative medical treatment-
which are primarily for the Government's
benefit as a necessary incident to success-
ful operation of laboratory, and, therefore,
expense thereof may be paid from appro-
priation, "Chemical Warfare Service,
Army, 1942," available for operation of

Page

256

1070

Admission to practice-fees- personal or
Government obligation-in absence of pro-
vision in applicable appropriation evi-
dencing contrary intent, necessary ex-
penses incident to admission of Federal
Trade Commission attorney to bar of U. S.
Circuit Court of Appeals, for purpose of ap-
pearing in behalf of Govt. in pending case,
must be regarded as personal obligation of
attorney not reimbursable from appro-
priated funds.....

AUDIT:

General Accounting Office. See General
Accounting Office, audit.

BANKRUPTCY:

Discharges:

Effect of notice of proceedings on U. S.
claim-debt not duly scheduled--where
Govt. employee, at the time of filing
petition in bankruptcy, was indebted
to Fed. Housing Admin., and, even
though debt may not have been duly
scheduled, Admin. had actual notice
or knowledge of bankruptcy proceed-
ings, employee's discharge in bank-
ruptcy operates to bar enforcement of
claim, so that, upon separation from
service, and application for refund of
retirement deductions, amounts to em-
ployee's credit in civil service retirement
fund are not available for set-off against
said claim. 22 Comp. Gen. 330, am-
plified.....
Effect on bankrupts' obligations to
Government in general-subject to pri-
ority granted by sec. 3466, R. S., and
provisions of Bankruptcy Act, as
amended, exempting from discharge.
taxes and other specific debts, claims of
U. S. against a bankrupt are for con-
sideration and payment along with his
other debts, and a discharge in bank-

460

1119