Federal grants, etc., to other than States-Continued
"Federal share"
What constitutes
Limitation in Economic Opportunity Act (42 U.S.C. 2754(b)) requir-
ing that work-study grant agreements with institutions of higher educa-
tion provide that "Federal share" of compensation of students employed
in College Work-Study Program will not exceed 80 percentum of com-
pensation paid to students, pertaining only to payments from grants
made by Office of Education to institutions and not to payments made
by other Federal agencies where students are employed, employing
agencies may bear larger portion than 20 percent of student earnings
so that grant funds may be spread over greater number of students.
Whether agency should pay social security tax on its contribution to
student's salary, and if so in what amount, is for determination by
Commissioner of Internal Revenue Service__--
Miscellaneous receipts. (See Miscellaneous Receipts)
Nonappropriated
Civilian employee activities
Transportation request use
Use of reduced Category Z fares offered by commercial airlines to
U.S. under Govt. Transportation Requests (GTRS) pursuant to tariffs
filed with Civil Aeronautics Board is limited by agreement to trans-
portation payable from public funds for official travel only, and special
fares may not be made available to contractor employees or nonappro-
priated fund agencies in Europe or elsewhere, whether payment is
made from nonappropriated funds, or appropriated funds on reimburs-
able basis. Restrictions on use of GTRS prescribed in GAO Policy and
Procedures Manual for Guidance of Federal Agencies, Title 5, secs.
2020.10 and 2020.80 maintain integrity of travel appropriation obli-
gations, and GTRS serve to identify that travel performed was on
official business in accord with special arrangements for reduced fares
and, therefore, Army regulations in conflict with purpose of Category
Z fares should be amended___
Funds in the nature of a revolving fund
Special deposit accounts established under 40 U.S.C. 174k (b) and
174j-4, with Treasurer of U.S. by Architect of Capitol as manager of
House and Senate restaurants, constitute permanent indefinite appro-
priations for use similar to revolving fund in view of fact the funds
otherwise would be for deposit as miscellaneous receipts; and funds
do not lose their identity as appropriated funds, because funds appro-
priated for contingent expenses of House and Senate are deposited and
disbursed from accounts. Therefore, since restaurant employees are
paid from funds considered appropriated funds, restrictions in Pub. L.
91-144, against payment of compensation from appropriated funds
to other than U.S. citizens, prohibits employment of aliens by res-
taurants. Overrules B-43917, Aug. 30, 1944, relative to special deposit
accounts; but pursuant to 5 U.S.C. 5533, restaurant employees are now
exempt from dual compensation prohibition___.
Financing building construction for Government use
Assignment of moneys to become due from U.S. under lease agreement
may be made to Public Employees' Retirement System and State
Teachers' Retirement System of State of California using trust funds
to furnish permanent financing for building being constructed for Govt.
The Systems qualify as "financing institutions" within purview of As-
signment of Claims Act of 1940, as amended, 31 U.S.C. 203, as nothing
in act indicates exclusion of pension funds, and primary function of
trust corpus, together with trustees, is investing of assets of trust.
However, act limits assignment to one party, "except that any such
assignment may be made to one party as agent or trustee for two or
more parties participating in such financing".
GENERAL ACCOUNTING OFFICE
To categorize views of U.S. GAO concerning areas in agency's pro-
curement practices brought to light by protest where revisions are de-
sirable as "dictum"-abbreviation of obiter dictum which means
remark or opinion uttered by the way-appears futile when it is obvious
that any administrative actions taken that are contrary to such stated
positions may result in disallowance of credit in disbursing officer's
account.
Effect of procedural or remedial statues
The new sec. 39 U.S.C. 2601 (b), which places responsibility to relieve,
compromise, or otherwise settle relief cases concerning Postal matters
in Postal Service and removes U.S. GAO from process does not have
effect of setting aside decisions already made by GAO on relief mat-
ters under 31 U.S.C. 82a-1 or 39 U.S.C. 2401. Although procedural or
remedial statutes such as 39 U.S.C. 2601(b) are not subject to general
rule against retroactive application and they apply to all accrued, pend-
ing, and future actions, steps already taken, pleadings, and all things
done under old law stand, unless contrary intent is manifested. Since
change in procedural law does not operate retroactively, new authority
of 39 U.S.C. 2601(b) does not extend to affect, change, or modify actions
taken by GAO on postal relief matters prior to effective date of section__
Jurisdiction
The jurisdiction to enforce antitrust statutes lies with Dept. of
Justice and U.S. General Accounting Office is without authority to issue
determination respecting applicability or violation of statutes. However,
under 15 U.S.C. 17, labor organizations engaged in lawful pursuits are
exempted from restrictions of antitrust statutes___.
Finality of determination
Since under Assignment of Claims Act of 1940, as amended, Govt. is
not insurer as to fraudulent schemes devised by assignor against as-
signee, nor is Govt. required to involve assignee in matters of contract
administration, claim for amount of fictitious invoices presented by
assignee of drayage company performing services for Govt., which were
GENERAL ACCOUNTING OFFICE-Continued
Finality of determination-Continued
retrieved by assignor prior to payment, may not be honored as record
presents no grounds to impute negligence to or assert estoppel against
Govt., but instead raises doubt as to validity of assignee's claim. Al-
though claim must be rejected, as jurisdiction of GAO to pay claims is
based upon legal liability of U.S., assignee's right to seek judicial de-
termination of its claim is not prejudiced.
Recommendations
Implementation
When decision of Comptroller General contains instructions for cor-
rective action in regard to departmental policy, Secretary concerned
is required under sec. 236 of Legislative Reorganization Act of 1970,
84 Stat. 1140, 1171, to submit written statements as to action taken not
later than 60 days after date of decision to Committees of Govt. Opera-
tions of both houses and to Committees on Appropriations in connection
with request for appropriations made more than 60 days after date of
decision, action that Dept. of Interior is required to take incident to
recommendation that Bur. of Sport Fisheries and Wildlife correct its
Realty Manual to reflect proper application of Statute of Limitation
in Pub. L. 85-433 regarding submission of expenses incurred in moving
from lands acquired by U.S___.
Claim submitted for consideration under settlement authority in 31
U.S.C. 71 for additional compensation to cover required correction in
printing of technical publication, which had been disallowed by contract-
ing officer and appeal to disallowance denied by administrative officer,
may not be paid on basis prior uncorrected orders had been accepted,
where record shows contractor agreed to correct error without cost to
Govt., and supplemental agreement providing charge for work-inser-
tion of fold-ins in publication in indicated sequence has reference to
future orders. Furthermore, alleged subsequent oral agreement may not
be considered, as review is restricted to record before contracting agency
at time the head of agency rendered decision___.
GRANTS
To other than States. (See Funds, Federal grants, etc., to other than
States)
To States. (See States, Federal aid, grants, etc.)
GRATUITIES
Reenlistment bonus
Extension of enlistment
More than one
Effective date of aggregate extension
Upon reextending reenlistment for 1 year 4 months, effective July 2,
1971, member of uniformed services who at time he first extended en-
listment for 10 months, effective Mar. 2, 1970, was not entitled to bonus,
is subject to sec. 2(a) of E.O. No. 11525, which prohibits increase
in payment of reenlistment bonus to member whose entitlement oc-
curred after Dec. 1969 and before Apr. 15, 1970. Even though mem-
ber's bonus entitlement is based on July 1971 extension of enlistment,
GRATUITIES—Continued
Reenlistment bonus-Contirued
Extension of enlistment-Continued
More than one-Continued
Effective date of aggregate extension-Continued
for purpose of payment the day before member began serving on first
extension corresponds to statutory date "of discharge and release" con-
tained in 37 U.S.C. 308(a); and aggregate reenlistment became effective
Mar. 2, 1970, requiring reenlistment bonus to be computed on basis of
1969 pay scale_____.
Pay increase rate applicability
Member of uniformed services who extended 4-year enlistment on
Apr. 14, 1970, under 10 U.S.C. 509 for 26 months effective Apr. 15, 1970,
date of issuance of E.O. No. 11525, making new pay rates authorized by
Pub. L. 90-207 and Pub. L. 91-231, retroactively effective to Jan. 1,
1970, is entitled to have reenlistment bonus earned under 37 U.S.C.
308(a) computed at new pay rates as Defense Dept, implementation of
Executive order, which restricts use of increased rates in computation
of reenlistment bonus when entitlement occurs after Dec. 31, 1969,
but before Apr. 15, 1970, has no application to member who beginning
his extended enlistment on Apr. 15, 1970, is entitled to computation of
reenlistment bonus under par. 10905 of Defense Military Pay and Allow-
ances Manual_____
Member of uniformed services who had been paid reenlistment bonus
based on 1969 pay scale for 2-year extension of enlistment, effective
Mar. 15, 1970, may only be paid upon subsequent reextension of enlist-
ment for 1 year, effective Mar. 15, 1972, on basis of 1969 pay scale, since
reenlistment bonus rate is governed by sec. 2(a) of E.O. No. 11525,
under which bonus payment for first extension was limited to 1969 pay
scale; and since by virtue of 10 U.S.C. 509 second extension placed
member "in exactly the same status as though he originally extended
his enlistment for the aggregate of all the extensions" on Mar. 15, 1970,
payment for 3-year aggregate reenlistment bonus is restricted to 1969
pay scale by sec. 2(b) of E.O. No. 11525_---
Federal-aid highway programs
National park system
Percentage of participation
Authority in Federal-Aid Highway Act of 1950, 23 U.S.C. 120(g),
to pay 100 percent of cost of highways located within national parks
and monuments under jurisdiction of National Park Service (NPS)
does not permit financing of entire cost attendant to construction of
Theodore Roosevelt Bridge over Potomac River and Little River Cross-
ing as these areas although within NPS jurisdiction are not part of
national park system for purposes of 23 U.S.C. 120(g), which author-
izes Sec. of Transportation to construct roads through national parks
and monuments and relates only incidentally to administration and
protection of parks and monuments as contemplated by act of Aug. 8,
1953, as amended. Therefore, 90-10 Interstate project agreement with
Dist. of Columbia may not be amended, nor may 100 percent participa-
tion funds be made available to construct other bridges over lands
mentioned in act of June 4, 1934__.
HIGHWAYS-Continued
Construction-Continued
Federal-aid highway programs-Continued
Relocation costs
Replacement to be similar design
As replacement highway bridge over Cross-Florida Barge Canal is re-
quired to be constructed in accordance with sec. 207 (c), Pub. L. 87-
874, Oct. 23, 1962, which limits construction of replacement facility to
State design standards that apply to roads of same classification, de-
termined on basis of traffic existing at time of taking, approval by
Corps of Engineers of two two-lane bridges to be constructed at Govt.
expense in lieu of existing two-lane highway in order to accommodate
future growth constitutes betterment of facility in contravention of sec.
207 (c) and, therefore, funds available to Corps may not be used to con-
struct second bridge, whether or not design standard was in actual prac-
tice or published. However, State standards that provide for range of
traffic rather than projected future traffic count are acceptable_----
HOLIDAYS
Effect on entitlements
Rural mail carrier allowances
Equipment maintenance allowance to rural mail carriers authorized
under 39 U.S.C. 3543 (f) would not be payable to carriers on five Monday
national holidays established by Pub. L. 90-363, approved June 28, 1968,
if carriers were not scheduled to work on those days and so notified in
advance. Applying construction of act of Feb. 28, 1925, former similar
authority for paying allowance, to effect allowance is payable "in the
same manner as payment for regular compensation" and on basis of miles
"scheduled," it follows U.S. Postal Service is not required to pay allow-
ance if rural mail carriers are notified in advance that they will not be
scheduled or required to deliver mail on their routes on particular day
when they otherwise normally would do so---
Sundays
Deadline for required actions
Timely mailed revocation of dues allotment to employee organiza-
tion made pursuant to 5 U.S.C. 5525, which was received in payroll office
on Monday, Mar. 2, first workday after Mar. 1 deadline set by Civil Serv-
ice Commission, 5 CFR 550.308, constitutes compliance with regulation
under rule that when act is to be performed by certain date and last day
of period falls on Sunday, requirement is complied with if act is per-
formed on following day. Therefore, discontinuance of allotment having
become effective at beginning of first full pay period following Mar. 1
deadline, dues deducted subsequent to revocation are for collection from
employee organization and repayment to employee----
HOWARD UNIVERSITY
Transferred from Freedmen's Hospital
Employee who by reason of transfer from Freedmen's Hospital to
jurisdiction of Howard University under Pub. L. 87-262 is entitled to
credit for retirement purposes for continuous employment with Univer-
sity, upon reemployment with Federal or District of Columbia Govt.
may not have service creditable for retirement credited as service
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