INDEX DIGEST July 1, 1961-June 30, 1962 ABSENCES (See Leaves of Absence) ACCOUNTABLE OFFICERS Disbursing officers. (See Disbursing Off cers) ADMINISTRATIVE DETERMINA TIONS Civilian employee matters Incapacity Travel Authorization or approval to curtail temporary duty travel on assumption of incapacity of employee to perform temporary duty without establishment of fact of incapacity is not in itself sufficient to allow payment for cost of return travel to headquarters under secs. 6.58 and b of Standardized Govt. Travel Regs., which require evidence as a matter of fact that employee is physically or mentally ill to extent he is incapacitated for performance of duty; therefore, orders authorizing employee, while en route to his temporary duty station, to return to headquarters, which were issued on assumption that employee would be incapacitated for performance of temporary duty when he learned of death of his son, are not sufficient to authorize travel at Govt. expense.. Although supervisor may, for official reasons, order cancellation or curtailment of official travel of employee, when incapacity of employee because of illness is reason for cancellation of travel, supervisor's authority to order cancellation or curtailment of travel is subject to statutory and regulatory limitations applicable to employee; therefore, order to return to headquarters issued by supervisor on assumption that employee would be incapacitated upon learning of death of his son does not meet provisions in sec. 6.5 of Standardized Govt. Travel Regs, which require evidence establishing fact of incapacity of employee to entitle him to reimbursement for cost of return travel...... 573 673 TIONS-Continued Conclusiveness Extent of General Accounting Office authority-claim settlement-although Dept. of Interior in presentation of claim on behalf of San Carlos Irrigation Project for reimbursement for repairs to power line damaged as result of crash of civil air patrol plane is instrumentality of Govt. so that it falls within literal terms of par. 2.c, Air Force Reg. 112-2, Mar. 26, 1959, which precludes Air Force from considering claims for property loss or damage of Govt. agencies, the statutes under which claim might be compensable-10 U.S.C. 2733, property loss incident to noncombat activities, and 28 U.S.C. 2671, Federal tort claims-make administrative settlement action conclusive so that GAO cannot require Air Force to construe regulations as authorizing cognizance of claim on basis that it is claim on behalf of project beneficiaries-the Pima Indians-and not claim of Govt. agency involving appropriated funds.. Small business-under sec. 2(15) of Small Business Act, 15 U.S.C. 644, which provides that small business concerns shall be awarded any contract for sale of Govt. property which is determined by Small Business Admin. and disposal agency to be in interest of assuring that fair proportion of total sales of Govt. property be made to small business, SBA cannot unilaterally make determination, but it must be concurred in by disposal agency and, in event of failure to agree, decision of head of disposal agency is final.. Government housing availability on rent free basis The designation of Govt. housing facilities for occupancy by Govt. personnel on a rent free basis is a matter for administrative determination.... Although there is no prohibition against administrative agencies determining the designation of Govt-owned quarters on a rent free basis, consideration of such factors as recruitment difficulties, hours ADMINISTRATIVE DETERMINA TIONS-Continued Government housing availability on rent free basis-Continued of work, and the isolation of Govt. institution is open to question in the absence of a clear showing of economy to Govt. ADVERTISING Necessity or nonnecessity Sma'l Business awards. (See Contracts, awards, small business concerns, advertising) Specification changes-award of construction contract, after Davis-Bacon Act wage determination in advertised specifications has become obsolete, to low bidder at either his bid price or at price to be negotiated on basis of changed wage determination would not be selection of low bidder on basis of bids on specifications actually to be used in work and on same terms offered to all bidders, and, even though difference in price which would be effected by change in wage rates might not change relative standing of low bidder, such award would violate rules of competitive bidding; therefore, all bids should be rejected and procurement readvertised. Negotiated contract matters. (See Contracts, negotiation) AGENTS Government-State agency-judgmentsGovernment's liability. (See Courts, judg ments, decrces, etc., agents, principal's liability) AGRICULTURE DEPARTMENT Rural Electrification Administration-loans to cooperatives-status as Federal aidterm "other Federal aid" in sec. 6(b) (9) of Area Redevelopment Act, 42 U.S.C. 2505(b) (9), which requires amount of such other Federal assistance to be considered in determining maximum limitation for area redevelopment loans, has reference to Federal aid programs directly administered by departments and agencles, other than Area Redevelopment Admin., for area redevelopment rather than benefits indirectly derived as result of Federal efforts to facilitate economic development, such as loans made by Rural Electrification Admin. financedelectric cooperatives to consumer-borrowers where there is no privity of contract between Rural Electrification Admin, and borrower; therefore, applicants for area redevelopment loans who also have loans from Rural Electrification Admin. cooperatives for electrical equipment are not required to have Rural Electrification Admin. loans considered under area redevelopment loan limitation...---------- ALIENS Retired military member losing United States citizenship. (See Pay, retired, foreign citizenship effect) Page 32 593 131 Military personnel-age disqualification— retired Army of U.S. officer who was more than 65 years of age on July 18, 1960, when he was appointed colonel in U.S. Army Reserve so that he could qualif for retirement under 10 U.S.C. 3911 was ineligible by reason of age for such appointment under 10 U.S.C. 3843(b), and implementing regulations, which in effect prohibit, after July 1, 1960, appointment of any person who has reached the age of 60, as colonel in U.S. Army Reserve, and, therefore, member could not be effectively retired as Reserve officer under 10 U.S C. 3911 and is not entitled to retired pay on basis of higher temporary grade..................... Presidential effective date-an appointment (dated Mar. 31, 1961) of a Coast Guard officer to permanent rank of rear admiral under 14 U.S.C. 222 to be effective on a prior date (Mar. 24, 1961) the officer to have such rank from an earlier date (Feb. 1, 1961) on which a vacancy in grade occurred is an appointment required by 14 U.S.C. 221 to be made by and with the advice and consent of the Senate and, in absence of some specific statute comes under the longstanding rule that Presidential appointments made by and with the advice and consent of the Senate do not become effective until a commission has been issued after Senate confirmation, so that officer's promotion which was confirmed by the Senate on the date (Mar. 24, 1961) specified in the appointment letter may not be considered effective prior thereto but that date may be considered the effective date for pay purposes even though the commission was not received until a later date..... Termination-civilians on military dutysince Reserve Corps of Public Health Service is not component of Armed Forces, commissioned Public Health Service Reserve officer who is also civilian employee is not entitled to leave of absence for milltary duty or to dual office exemption provided for members of reserve components and National Guardsmen by sec. 29, act of Aug. 10, 1956, 5 U.S.C. 30r; therefore, when employee serves on active duty with pay as commissioned officer in Reserve Corps of Public Health Service he vacates his elvilian position and upon return to inactive Reserve status he must be reappointed to civilian position, there being no authority to retain him in civilian position in leave without pay status, or to permit him to walve compensation of civilian position.... 478 792 APPROPRIATIONS Apportionment-excess of authorization- 43 APPROPRIATIONS—Continued with result that some States received funds in excess of amount they were entitled to receive and others received less than their entitlement, must be regarded as an act in excess of statutory authority which neither binds nor estops Govt.; therefore, since Govt. may not charge appropriated moneys with any amount in excess of authorized apportionment, such excess amounts must be recovered from the States and where adjustments are effected to recover excess amounts which were made at expense of other states, the rights of all States, as well as Federal Govt., require that all apportionments be appropriately adjusted.. Augmentation-services between agencies— plan for interagency exchange of medical supply items, such as exchange of drugs by Public Health Service for dental chairs of Defense Medical Supply Agency, without replacement of drugs or transfer of equivalent amount to Treasury as miscellaneous receipts as required by sec. 601, Economy Act, 31 U.S.C. 686, to preclude augmentation of appropriations, would not only be disposal of excess items in stockpile without proper accounting for proceeds but would be purchase of chairs for drugs rather than for money; therefore, plan which may not be approved should be submitted to Congress for purpose of obtaining specific authorizing legislation............. Availability Calling cards. (See Printing and Binding, calling cards) Compensation-retroactive adjustmentsadditional compensation payments which result from recomputation of service for longevity step increase purposes due employee who has been successively transferred between several departments and agencies are chargeable against appropriation of department or agency which was originally charged for employee's salary... Contracts optional work depending on availability. (See Bids, evaluation, options, additional amounts, appropriation availability extent) Lump-sum leave payments. (See Leaves of Absence, lump-sum payments, appropriation availability) Maintenance and operation Authorization requirements Use of operation and maintenance funds appropriated to Dept. of Army for conversion of heating plant from coal to gas at cost greatly in excess of $25,000 limitation on use of operation and maintenance funds in 10 U.S.C. 2674 and in sec. 637 of the Department of Defense Appropriation Act, 1962, 75 Stat. 381, is not proper in view of legislative history of limitations which evidence Con APPROPRIATIONS—Continued Maintenance and operation-Continued Page Public lands-title clearance by condemnation-use of funds appropriated for forest management to pay deposit to court incident to condemnation proceedings which is instituted to obtain clear title to land but which will result in obtaining new title is in effect deposit for purchase of land which under 41 U.S.C. 14 requires specific authorizing legislation and, therefore, appropriation for forest management may not be used for payment of deposit into court in connection with condemnation proceedings...---Recreation facilities equipment for employees. (See Welfare and Recreation Facilities, civilian personnel, authority) Federal aid to States. (See, States, Federal aid, grants, etc.) Fiscal year Availability beyond Contracts amendments-in view of fact that states receiving Federal contributions for construction of sewage treatment works under sec. 6 of Federal Water Pollution Control Act, 33 U.S.C. 466e, do not have any legal right to compel execution of amendment to obtain increase in amount of grant, an essential element-antecedent lawful right-for application of doctrine of "relation back" under which appropriation initially obligated for contract must be charged with all necessary costs of contract is missing 622 522 796 |