A-39958, DECEMBER 19, 1931, 11 COMP. GEN. 247

A-39958: Dec 19, 1931

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ARE NOT PERSONAL EQUIPMENT OR FURNISHINGS WITHIN THE RULE ANNOUNCED IN 3 COMP. AS FOLLOWS: IT IS A REQUIREMENT OF THIS DEPARTMENT. THAT AIRWAY KEEPERS AND ASSISTANT AIRWAY KEEPERS WHO ARE EMPLOYED IN THE MAINTENANCE OF EMERGENCY LANDING FIELDS FOR AIRCRAFT ON THE FEDERAL AIRWAYS WEAR A UNIFORM. YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER THE APPROPRIATION AIR- NAVIGATION FACILITIES. IS AVAILABLE FOR PURCHASING THE INSIGNIA. IS NOT CONSIDERED THAT THE INSIGNIA IS WEARING APPAREL. IT IS REGARDED MERELY AS AN IDENTIFICATION MARK WHICH SHOULD BE FURNISHED BY THE GOVERNMENT AND RETURNED TO THE ISSUING OFFICER WHEN THE EMPLOYEE'S SERVICES ARE DISCONTINUED. IT APPEARS FROM YOUR SUBMISSION THAT THE INSIGNIA ARE NOT TO BECOME THE PROPERTY OF THE INDIVIDUAL EMPLOYEES BUT REMAIN THE PROPERTY OF THE GOVERNMENT AND ARE TO BE RETURNED TO THE ISSUING OFFICER WHEN THE EMPLOYEES' SERVICES ARE DISCONTINUED.

A-39958, DECEMBER 19, 1931, 11 COMP. GEN. 247

PERSONAL FURNISHINGS - INSIGNIA INSIGNIA TO BE WORN UPON THE CAP AS A MARK OF IDENTIFICATION BY AIRWAY KEEPERS AND ASSISTANTS IN THE MAINTENANCE OF EMERGENCY LANDING FIELDS, WHICH DO NOT BECOME THE PROPERTY OF THE EMPLOYEES BUT REMAIN THE PROPERTY OF THE GOVERNMENT, ARE NOT PERSONAL EQUIPMENT OR FURNISHINGS WITHIN THE RULE ANNOUNCED IN 3 COMP. GEN. 433, AND MAY BE FURNISHED FROM THE APPROPRIATION FOR AIR NAVIGATION FACILITIES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, DECEMBER 19, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 10, 1931, AS FOLLOWS:

IT IS A REQUIREMENT OF THIS DEPARTMENT, THAT AIRWAY KEEPERS AND ASSISTANT AIRWAY KEEPERS WHO ARE EMPLOYED IN THE MAINTENANCE OF EMERGENCY LANDING FIELDS FOR AIRCRAFT ON THE FEDERAL AIRWAYS WEAR A UNIFORM, AND UPON THE CAP OF THIS UNIFORM, AN INSIGNIA AS A MARK OF IDENTIFICATION. YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER THE APPROPRIATION AIR- NAVIGATION FACILITIES, 1932, IS AVAILABLE FOR PURCHASING THE INSIGNIA. IS NOT CONSIDERED THAT THE INSIGNIA IS WEARING APPAREL, AND IT IS REGARDED MERELY AS AN IDENTIFICATION MARK WHICH SHOULD BE FURNISHED BY THE GOVERNMENT AND RETURNED TO THE ISSUING OFFICER WHEN THE EMPLOYEE'S SERVICES ARE DISCONTINUED, THE GOVERNMENT RETAINING OWNERSHIP.

THE APPROPRIATION "AIR-NAVIGATION FACILITIES, 1932," ACT OF FEBRUARY 23, 1931, 46 STAT. 1331, PROVIDES:

AIR-NAVIGATION FACILITIES.--- FOR THE ESTABLISHMENT AND MAINTENANCE OF AIDS TO AIR NAVIGATION, INCLUDING THE EQUIPMENT OF ADDITIONAL AIR MAIL ROUTES FOR DAY AND NIGHT FLYING; THE CONSTRUCTION OF NECESSARY LIGHTING, RADIO, AND OTHER SIGNALING AND COMMUNICATING STRUCTURES AND APPARATUS; REPAIRS, ALTERATIONS, AND ALL EXPENSES OF MAINTENANCE AND OPERATION; INVESTIGATION, RESEARCH, AND EXPERIMENTATION TO DEVELOP AND IMPROVE AIDS TO AIR NAVIGATION; FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA (NOT TO EXCEED $153,380) AND ELSEWHERE; PURCHASE, MAINTENANCE, OPERATION, AND REPAIR OF MOTOR-PROPELLED, PASSENGER CARRYING VEHICLES, INCLUDING THEIR EXCHANGE; REPLACEMENT, INCLUDING EXCHANGE, OF NOT TO EXCEED FOUR AIRPLANES, MAINTENANCE, OPERATION, AND REPAIR OF AIRPLANES, INCLUDING ACCESSORIES AND SPARE PARTS AND SPECIAL CLOTHING, WEARING APPAREL, AND SUITABLE EQUIPMENT FOR AVIATION PURPOSES; AND FOR THE ACQUISITION OF THE NECESSARY SITES BY LEASE OR GRANT, $8,992,640: PROVIDED, THAT NO PART OF THIS APPROPRIATION SHALL BE USED FOR ANY PURPOSE NOT AUTHORIZED BY THE AIR COMMERCE ACT OF 1926.

IT APPEARS FROM YOUR SUBMISSION THAT THE INSIGNIA ARE NOT TO BECOME THE PROPERTY OF THE INDIVIDUAL EMPLOYEES BUT REMAIN THE PROPERTY OF THE GOVERNMENT AND ARE TO BE RETURNED TO THE ISSUING OFFICER WHEN THE EMPLOYEES' SERVICES ARE DISCONTINUED. THEY DO NOT APPEAR TO BE PERSONAL EQUIPMENT OR FURNISHINGS WITHIN THE RULE ANNOUNCED IN 3 COMP. GEN. 433, AND ARE NOT SUCH ARTICLES AS REASONABLY MAY BE REQUIRED TO BE FURNISHED BY EMPLOYEES AS A PART OF THE USEFUL AND NECESSARY EQUIPMENT FOR THE SPECIFIC WORK ON WHICH ENGAGED. ACCORDINGLY, IF THEY ARE CONSIDERED NECESSARY TO THE MAINTENANCE AND OPERATION OF THE AIR PORTS, THE APPROPRIATION FOR THE AIR-NAVIGATION FACILITIES WILL BE AVAILABLE FOR THEIR PURCHASE.