A-75452, JUNE 10, 1936, 15 COMP. GEN. 1077

A-75452, JUNE 10, 1936, 15 COMP. GEN. 1077

SOCIAL SECURITY - MATERNAL, CHILD, AND PUBLIC HEALTH SERVICE - FEDERAL FUNDS ALLOTTED TO DISTRICT OF COLUMBIA FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA BY THE DEPARTMENT OF LABOR AND THE PUBLIC HEALTH SERVICE, TREASURY DEPARTMENT, FOR MATERNAL, CHILD, AND PUBLIC-HEALTH SERVICE PURSUANT TO THE SOCIAL SECURITY ACT ALTHOUGH LIMITED TO THE FISCAL YEAR SO FAR AS DISBURSEMENTS BY THE TWO DEPARTMENTS TO THE DISTRICT OF COLUMBIA ARE CONCERNED, ARE AVAILABLE FOR DISBURSEMENT BY THE DISTRICT OF COLUMBIA UNTIL EXPENDED. FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA FOR MATERNAL AND CHILD WELFARE UNDER SECTION 504 (A) OF THE SOCIAL SECURITY ACT (49 STAT. 630) MAY BE USED FOR CONTINGENT EXPENSES, TRAVELING EXPENSES, AND PRINTING AND BINDING, ONLY IF THE DISTRICT OF COLUMBIA APPROPRIATIONS FROM WHICH THE ALLOTMENTS ARE MATCHED, AS REQUIRED BY SAID SECTION, ARE AVAILABLE FOR SAID PURPOSES. FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA FROM THE PUBLIC HEALTH SERVICE APPROPRIATIONS UNDER SECTIONS 601 AND 602 OF THE SOCIAL SECURITY ACT (49 STAT. 634) ARE NOT AVAILABLE FOR TRAVELING EXPENSES BUT MAY BE USED FOR SUCH PRINTING AND BINDING AS ESSENTIAL TO THE PURPOSE OF THE ALLOTMENT. FUNDS ALLOTED TO THE DISTRICT OF COLUMBIA FROM PUBLIC HEALTH SERVICE APPROPRIATIONS UNDER SECTIONS 601 AND 602 OF THE SOCIAL SECURITY ACT (49 STAT. 634) ARE NOT AVAILABLE FOR PAYMENTS TO EMPLOYEES IN ADDITION TO THEIR REGULAR SALARIES, BUT THEY MAY BE GIVEN PROSPECTIVE INCREASES IN SALARY WITHIN THE GRADE, IF OTHERWISE AUTHORIZED, AND REGULAR ANNUAL EMPLOYEES OF THE DISTRICT OF COLUMBIA, WHILE OTHERWISE IN A NONPAY STATUS, MAY BE PAID FROM SUCH FUNDS A REASONABLE STIPEND OR FEE WHILE IN TRAINING FOR LOCAL HEALTH WORK. PAYMENTS TO COLLEGES OR UNIVERSITIES FOR PUBLIC-HEALTH SERVICE TRAINEES IN CONNECTION WITH FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA UNDER SECTIONS 601 AND 602 OF THE SOCIAL SECURITY ACT (49 STAT. 634) MAY NOT BE MADE IN THE ABSENCE OF CONTRACTS MADE PURSUANT TO LAW AND NOT THEN FOR ANY PERIOD DURING WHICH NO STUDENTS OF THE DISTRICT OF COLUMBIA WERE IN ATTENDANCE.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, JUNE 10, 1936:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF MAY 14, 1936, AS FOLLOWS:

THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA DESIRE TO SUBMIT FOR YOUR EARLY CONSIDERATION AND ADVICE SEVERAL QUESTIONS PRESENTED IN CONNECTION WITH FUNDS GRANTED TO THE DISTRICT OF COLUMBIA UNDER THE SOCIAL SECURITY ACT APPROVED AUGUST 14, 1935 (49 STAT. 634).

UNDER DATE OF APRIL 20, 1936, MARTHA M. ELIOT, ACTING CHIEF, CHILDREN'S BUREAU, UNITED STATES DEPARTMENT OF LABOR, APPROVED A PLAN FOR MATERNAL AND CHILD HEALTH SERVICE UNDER TITLE V, PART 1, OF THE SOCIAL SECURITY ACT, FOR THE FIVE-MONTH PERIOD ENDING JUNE 30, 1936. THE BUDGET AS APPROVED FOR THIS PERIOD IS ENCLOSED.

THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA UNDER DATE OF MAY 2, 1936, RECEIVED THE FIRST GRANT UNDER THIS TITLE OF $5,800.32, AND HAVE DEPOSITED THE SAME IN THE TREASURY OF THE UNITED STATES FOR EXPENDITURE UNDER THE APPROPRIATION TITLE "D.C. T019, MATERNAL AND CHILD HEALTH SERVICE, SOCIAL SECURITY ACT, GRANTS BY CHILDREN'S BUREAU, D.C. (TRUST FUND).' UNDER DATE OF APRIL 7, 1936, C. E. WALLER, ASSISTANT SURGEON GENERAL, PUBLIC HEALTH SERVICE, TREASURY DEPARTMENT, APPROVED THE FOLLOWING BUDGET FOR PUBLIC- HEALTH WORK UNDER THE SOCIAL SECURITY ACT FOR THE FIVE-MONTH PERIOD ENDING JUNE 30, 1936, AGGREGATING $20,795.14, ALL OF WHICH HAS BEEN RECEIVED FROM THE SOCIAL SECURITY BOARD, AND DEPOSITED INTO THE TREASURY OF THE UNITED STATES FOR EXPENDITURE UNDER THE APPROPRIATION TITLE,"D.C. T018 PUBLIC HEALTH WORK, SOCIAL SECURITY ACT, GRANTS BY PUBLIC HEALTH SERVICE, D.C. (TRUST FUND).' THE BUDGET AS APPROVED IS ENCLOSED.

UNDER TITLE XI OF THE ACT, SUPRA, THE TERM "STATE" INCLUDES THE DISTRICT OF COLUMBIA, AND THE TERMS "UNITED STATES," WHEN USED IN A GEOGRAPHICAL SENSE, MEANS THE DISTRICT OF COLUMBIA, AND CONSEQUENTLY IT IS OUR BELIEF THAT THE DISTRICT OF COLUMBIA SHOULD BE TREATED IN THE SAME MANNER AS A STATE HAVING AN APPROVED PLAN AS CONTEMPLATED BY TITLES V AND VI OF THE ACT, SUPRA. IN CONSTRUING THE ACT OF JUNE 25, 1934 (48 STAT. 1215), YOU HELD THAT THE DISTRICT OF COLUMBIA WAS NEITHER A FEDERAL NOR A NON-FEDERAL AGENCY IN ITS RELATION TO THE PUBLIC WORKS ADMINISTRATION, AS TO SUCH LOANS, AND WAS REQUIRED TO FUNCTION IN THE EXPENDITURE OF SUCH FUNDS IN ACCORDANCE WITH THE TERMS OF THAT ACT "AND OTHER STATUTES APPLICABLE TO THE USE OF PUBLIC FUNDS BY THE SAID DISTRICT" (SEE 14 COMP. GEN. 276).

IT MUST BE ASSUMED THAT ALL GRANTS TO THE DISTRICT OF COLUMBIA BY THE SOCIAL SECURITY BOARD ARE NOT SUBJECT TO FISCAL YEAR LIMITATION SINCE APPROPRIATION WARRANTS ISSUED BY THE TREASURY DEPARTMENT AND APPROVED BY YOUR OFFICE SET THESE UP AS TRUST FUNDS TO BE AVAILABLE UNTIL EXPENDED, NOTWITHSTANDING THAT THE SUPPLEMENTAL APPROPRIATION ACT, FISCAL YEAR 1936, APPROVED FEBRUARY 11, 1936, CONTAINING THE FUNDS OUT OF WHICH GRANTS TO THE DISTRICT OF COLUMBIA ARE MADE, PROVIDES FOR APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1936, AND PRIOR FISCAL YEAR. SEE TREASURY APPROPRIATION WARRANT NO. 45 AND NO. 58, DATED FEBRUARY 26, 1936, AND APRIL 20, 1936, RESPECTIVELY.

YOU WILL NOTE THAT IN THE SUPPLEMENTAL APPROPRIATION ACT UNDER THE DEPARTMENT OF LABOR THE SUM OF $1,580,000 IS APPROPRIATED TO CARRY OUT THE PROVISIONS OF TITLE V, PART 1, OF THE SOCIAL SECURITY ACT, FISCAL YEAR 1936, AND UNDER THE PUBLIC HEALTH SERVICE YOU WILL FIND THE SAME FISCAL YEAR LIMITATION; NAMELY, 1936, $3,333,000; ALSO THE SAME FISCAL YEAR LIMITATION APPEARS UNDER THE APPROPRIATION FOR AID TO DEPENDENT CHILDREN, AID TO THE BLIND, OLD-AGE ASSISTANCE, AND UNEMPLOYMENT COMPENSATION ADMINISTRATION.

IS IT NOT ALSO YOUR OPINION THAT FUNDS GRANTED UNDER THE PROVISIONS OF THE SOCIAL SECURITY ACT TO THE DISTRICT OF COLUMBIA REMAIN AVAILABLE UNTIL EXPENDED?

YOU WILL NOTE THAT THE BUDGET FOR MATERNAL AND CHILD HEALTH SERVICE FOR EXPENDITURES DURING THE FISCAL YEAR 1936 CONTAINS ITEMS OF EXPENSE AGGREGATING $3,599.00. AS THE LANGUAGE OF THE ACT, SUPRA, DOES NOT SPECIFICALLY AUTHORIZE TRAVELING EXPENSES OR PRINTING AND BINDING, WILL THE SUM OR SUMS ADVANCED TO THE DISTRICT OF COLUMBIA UNDER TITLE V OF THE SOCIAL SECURITY ACT BE AVAILABLE FOR SUCH EXPENDITURES, THE HEALTH DEPARTMENT HAVING CONTEMPLATED THE USE OF SOME OF THESE FUNDS FOR THAT PURPOSE? SEE YOUR DECISION TO THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA DATED NOVEMBER 5, 1936 (A-16110), AND DECISIONS CITED THEREIN. WILL THESE FUNDS BE AVAILABLE FOR THESE AND OTHER CONTINGENT EXPENSES OF THE DEPARTMENT, OR SHOULD THEY BE CONFINED TO THE ACTIVITIES APPROVED BY THE CHIEF OF THE CHILDREN'S BUREAU?

YOU WILL ALSO NOTE THAT THE BUDGET APPROVED FOR PUBLIC-HEALTH WORK FOR THE DISTRICT OF COLUMBIA CONTAINS AN ITEM OF $1,618.26 FOR TRAVELING EXPENSES AND $78.85 FOR PRINTING AND BINDING. AS THE SOCIAL SECURITY ACT DOES NOT SPECIFICALLY AUTHORIZE TRAVELING EXPENDITURES AND PRINTING AND BINDING, EXCEPT FOR THE PUBLIC HEALTH SERVICE UNDER SECTION 603 OF THE ACT, WILL THESE FUNDS BE AVAILABLE FOR THAT PURPOSE, ESPECIALLY IN VIEW OF THE FACT THAT SECTION 602 (D) OF THE ACT, SUPRA, PROVIDES THAT "THE MONEYS SO PAID TO ANY STATE SHALL BE EXPENDED SOLELY IN CARRYING OUT THE PURPOSES SPECIFIED IN SECTION 601, AND IN ACCORDANCE WITH PLANS PRESENTED BY THE HEALTH AUTHORITIES OF SUCH STATE, AND APPROVED BY THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE?

THE PLAN AS APPROVED CONTEMPLATES PAYING EXTRA OR ADDITIONAL SALARY TO THE ASSISTANT HEALTH OFFICER, LISTED IN THE APPROVED PLAN AS DIRECTOR, DURING THE FIVE-MONTH PERIOD, $416.60, AND TO THE CHIEF CLERK, LISTED IN THE PLAN AS A. G. COLE, FOR THE PERIOD ENDING JUNE 30, 1936, $125.00. THESE ARE REGULAR ANNUAL EMPLOYEES OF THE HEALTH DEPARTMENT OF THE DISTRICT OF COLUMBIA, ARE THEY ENTITLED TO THE ADDITIONAL COMPENSATION, OR COULD THEY BE GIVEN STEP-UPS WITHIN THE GRADE FOR THE PURPOSE OF RECEIVING THE ADDITIONAL SALARY, ASSUMING THIS TO BE POSSIBLE UNDER THE CLASSIFICATION ACT? THE PROPOSED INCREASE IS INTENDED TO TAKE CARE OF THE ADDITIONAL RESPONSIBILITIES AND DUTIES ASSUMED BY THESE OFFICERS.

ARE THE REGULAR ANNUAL EMPLOYEES OF THE HEALTH DEPARTMENT IN A NONPAY STATUS ENTITLED TO A STIPEND OR FEE WHILE IN TRAINING? SECTION 601 OF THE SOCIAL SECURITY ACT PROVIDES SPECIFICALLY FOR THE TRAINING OF PERSONNEL FOR STATE AND LOCAL HEALTH WORK, THE FEE FOR SUCH TRAINEES HAVING BEEN APPROVED BY THE ASSISTANT SURGEON GENERAL. (SEE 6 COMP. GEN. 435 AND LAWS CITED THEREIN.)

THE REGIONAL CONSULTANT OF THE PUBLIC HEALTH SERVICE HAS ARRANGED AND ESTABLISHED SUBSIDIES WITH VARIOUS UNIVERSITIES, INCLUDING ON THE PART OF THE DISTRICT OF COLUMBIA THE MEDICAL COLLEGE OF VIRGINIA, RICHMOND, VA.; TEACHERS' COLLEGE, NEW YORK, N.Y.; AND THE UNIVERSITY OF NORTH CAROLINA, CHAPEL HILL, N.C. FROM COPIES OF LETTERS ADDRESSED TO THESE COLLEGES, IT IS INDICATED THAT THE SCHOOLS ARE TO PROVIDE A SEMESTER OF TRAINING FOR THE PERIOD FEBRUARY 1 TO JUNE 30, 1936. THIS SUBSIDY IS WITHOUT REGARD TO WHETHER TRAINEES ARE AVAILABLE AND ACTUALLY PROVIDED. FOR EXAMPLE, THE UNIVERSITY OF NORTH CAROLINA IS BILLING THE DISTRICT FOR A SUBSIDY TOWARD THE SUPPORT OF THE REGIONAL TRAINING SCHOOL AT CHAPEL HILL, N.C., FOR THE PERIOD FEBRUARY 1 TO JUNE 30, 1936, IN THE AMOUNT OF $198.85, ALTHOUGH NO TRAINEES HAVE BEEN PROVIDED TO DATE. AND IT IS CLEAR FROM THE RECORD THAT THE TRAINEES AT THE MEDICAL COLLEGE OF VIRGINIA REPORTED MARCH 13, 1936, AND THOSE AT THE TEACHERS' COLLEGE OF NEW YORK REPORTED APRIL 6, 1936. THEY HAVE NOT BEEN IN TRAINING FOR THE FULL SEMESTER; THAT IS, FOR THE PERIOD FEBRUARY 1 TO JUNE 30, 1936. THE QUESTION IMMEDIATELY ARISES AS TO WHETHER OR NOT THE DISTRICT OF COLUMBIA IS AUTHORIZED TO MAKE PAYMENT TO THESE COLLEGES IN THE ABSENCE OF A CONTRACT WITH THE DISTRICT OF COLUMBIA AS REQUIRED BY SECTION 3743, REVISED STATUTES, AND WHETHER THE ENTIRE SEMESTER FEE SHOULD BE PAID FOR PART OF A SEMESTER WHERE NO TRAINING WAS RENDERED, AS IN THE CASE OF THE BILL FROM THE UNIVERSITY OF NORTH CAROLINA.

AS VOUCHERS HAVE BEEN SUBMITTED TO THE AUDITOR FOR THIS AND OTHER SERVICES, AND THE CLAIMANTS, AS WELL AS THE PUBLIC HEALTH SERVICES, ARE INSISTING THAT PROMPT PAYMENT BE MADE UNDER THE PROVISIONS OF THE GRANTS, YOUR EARLY DECISION IN THESE MATTERS WILL BE GREATLY APPRECIATED.

SECTION 1101 (A) OF THE SOCIAL SECURITY ACT, AUGUST 14, 1935 (49 STAT. 647), PROVIDES THAT THE TERM "STATE," EXCEPT WHEN USED IN SECTION 531, INCLUDES ALASKA, HAWAII, AND THE DISTRICT OF COLUMBIA. ACCORDINGLY, ALL PAYMENTS PURSUANT TO THAT ACT TO THE DISTRICT OF COLUMBIA ARE UPON THE SAME BASIS AS PAYMENTS TO THE RESPECTIVE STATES. WHILE THE APPROPRIATIONS OF THE DEPARTMENT OF LABOR AND THE PUBLIC HEALTH SERVICE OF THE TREASURY DEPARTMENT FOR EXTENDING AID TO THE STATES IN MATERNAL AND CHILD HEALTH SERVICES AND FOR AIDING THE STATES IN ESTABLISHING AND MAINTAINING ADEQUATE PUBLIC HEALTH SERVICE, ARE ALL MADE FOR THE FISCAL YEAR 1936, AND FISCAL YEAR LIMIT GOES ONLY TO THE PERIOD DURING WHICH THE AMOUNTS MAY BE DISBURSED TO THE STATES AND TO THE DISTRICT OF COLUMBIA, AFTER WHICH DISBURSEMENT THE FUNDS ARE AVAILABLE UNTIL EXPENDED--- THAT IS TO SAY, THE FISCAL YEAR LIMITATION DOES NOT FOLLOW THE FUND AFTER ALLOTTED TO THE DISTRICT OF COLUMBIA. IN THIS CONNECTION ATTENTION IS INVITED TO PARAGRAPH (C), SECTION 502, AND PARAGRAPH (B) OF SECTION 602 OF THE SOCIAL SECURITY ACT (49 STAT. 629 AND 634), RESPECTIVELY, WHICH PROVIDE:

(C) THE AMOUNT OF ANY ALLOTMENT TO A STATE UNDER SUBSECTION (A) FOR ANY FISCAL YEAR REMAINING UNPAID TO SUCH STATE AT THE END OF SUCH FISCAL YEAR SHALL BE AVAILABLE FOR PAYMENT TO SUCH STATE UNDER SECTION 504 UNTIL THE END OF THE SECOND SUCCEEDING FISCAL YEAR. NO PAYMENT TO A STATE UNDER SECTION 504 SHALL BE MADE OUT OF ITS ALLOTMENT FOR ANY FISCAL YEAR UNTIL ITS ALLOTMENT FOR THE PRECEDING FISCAL YEAR HAS BEEN EXHAUSTED OR HAS CEASED TO BE AVAILABLE.

(B) THE AMOUNT OF AN ALLOTMENT TO ANY STATE UNDER SUBSECTION (A) FOR ANY FISCAL YEAR REMAINING UNPAID AT THE END OF SUCH FISCAL YEAR SHALL BE AVAILABLE FOR ALLOTMENT TO STATES UNDER SUBSECTION (A) FOR THE SUCCEEDING FISCAL YEAR, IN ADDITION TO THE AMOUNT APPROPRIATED FOR SUCH YEAR.

SECTION 504 (A) OF THE ACT (49 STAT. 630) PROVIDES:

FROM THE SUMS APPROPRIATED THEREFOR AND THE ALLOTMENTS AVAILABLE UNDER SECTION 502 (A), THE SECRETARY OF THE TREASURY SHALL PAY TO EACH STATE WHICH HAS AN APPROVED PLAN FOR MATERNAL AND CHILD-HEALTH SERVICE, FOR EACH QUARTER, BEGINNING WITH THE QUARTER COMMENCING JULY 1, 1935, AN AMOUNT, WHICH SHALL BE USED EXCLUSIVELY FOR CARRYING OUT THE STATE PLAN, EQUAL TO ONE-HALF OF THE TOTAL SUM EXPENDED DURING SUCH QUARTER FOR CARRYING OUT SUCH PLAN.

NEITHER THE STATUTORY AUTHORIZATION NOR THE APPROPRIATION FOR MATERNAL AND CHILD HEALTH SERVICES SPECIFICALLY PROVIDES FOR TRAVEL EXPENSES OR FOR PRINTING, BUT THE APPROPRIATION IS REQUIRED TO BE USED "EXCLUSIVELY FOR CARRYING OUT THE STATE PLAN" TO THE EXTENT OF 50 PERCENT OF THE AMOUNT EXPENDED BY THE STATE DURING EACH QUARTER. AS YOU DO NOT INDICATE WHICH APPROPRIATIONS OF THE DISTRICT OF COLUMBIA ARE TO BE USED FOR CARRYING OUT THE DISTRICT PLAN FOR MATERNAL AND CHILD HEALTH SERVICES, YOUR QUESTION WHETHER THE ALLOTMENT FOR MATERNAL AND CHILD HEALTH WELFARE MAY BE USED FOR CONTINGENT EXPENSES, TRAVEL EXPENSES, AND PRINTING AND BINDING CAN ONLY BE ANSWERED BY STATING THAT THE ALLOTMENT WILL BE AVAILABLE FOR SUCH PURPOSES IF THEY BE SPECIFICALLY AUTHORIZED OR PROVIDED FOR IN THE APPROPRIATIONS MADE TO THE DISTRICT OF COLUMBIA AND LAWFULLY USED FOR THE 50 PERCENT COSTS OF THE PLAN WHICH THE DISTRICT OF COLUMBIA IS REQUIRED TO CARRY OUT UNDER ITS AGREEMENT WITH THE DEPARTMENT OF LABOR.

WITH RESPECT TO THE ALLOTMENT TO THE DISTRICT OF COLUMBIA FROM THE PUBLIC HEALTH SERVICE APPROPRIATIONS UNDER SECTIONS 601 AND 602 OF THE SOCIAL SECURITY ACT (49 STAT. 634), THERE APPEARS NO REQUIREMENT IN THE ACT THAT SUCH ALLOTMENT BE MATCHED BY THE DISTRICT OF COLUMBIA. AS THE APPLICATION OF THE PROVISIONS OF SECTION 601 TO THE LIMITED AREA OF THE DISTRICT OF COLUMBIA WOULD NOT NECESSARILY REQUIRE ANY TRAVEL, THE ALLOTMENT WOULD NOT BE AVAILABLE FOR TRAVELING EXPENSES. A-16110, NOVEMBER 5, 1926. THERE WOULD APPEAR TO BE NO OBJECTION TO THE USE OF A PORTION OF THIS ALLOTMENT FOR SUCH PRINTING AND BINDING AS MAY BE ESSENTIAL TO THE OBJECTS FOR WHICH THE ALLOTMENT IS MADE.

THE USE OF THE FUNDS SO ALLOTTED TO THE DISTRICT OF COLUMBIA TO MAKE PAYMENTS TO THE VARIOUS DISTRICT OF COLUMBIA EMPLOYEES IN ADDITION TO THEIR REGULAR SALARIES WOULD BE IN CONTRAVENTION OF SECTION 1765, REVISED STATUTES, WHICH PROVIDES:

NO OFFICER IN ANY BRANCH OF THE PUBLIC SERVICE, OR ANY OTHER PERSON WHOSE SALARY, PAY, OR EMOLUMENTS ARE FIXED BY LAW OR REGULATIONS, SHALL RECEIVE ANY ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION, IN ANY FORM WHATEVER, FOR THE DISBURSEMENT OF PUBLIC MONEY, OR FOR ANY OTHER SERVICE OR DUTY WHATEVER, UNLESS THE SAME IS AUTHORIZED BY LAW, AND THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION. THERE WOULD APPEAR TO BE NO STATUTORY INHIBITION, HOWEVER, TO GIVING THE EMPLOYEES IN QUESTION INCREASES IN SALARY WITHIN THE GRADE IF OTHERWISE AUTHORIZED AND IF THAT CAN BE DONE WITHOUT VIOLATING THE SALARY AVERAGE PROVISION IN THE REGULAR SALARY APPROPRIATION. OF COURSE, ANY SUCH INCREASE OF SALARY COULD NOT BE MADE EFFECTIVE RETROACTIVELY.

AS A GENERAL RULE, REGULAR ANNUAL EMPLOYEES OF THE DISTRICT OF COLUMBIA WOULD NOT BE ENTITLED TO RECEIVE AN EDUCATIONAL OR TRAINING COURSE AT THE EXPENSE OF THE MUNICIPALITY OR THE FEDERAL GOVERNMENT. HOWEVER, IN VIEW OF THE SPECIFIC PROVISION IN SECTION 601 FOR "TRAINING OF PERSONNEL FOR STATE AND LOCAL HEALTH WORK" THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE PAYMENT TO REGULAR EMPLOYEES, WHILE OTHERWISE IN A NONPAY STATUS, OF A REASONABLE STIPEND OR FEE WHILE IN TRAINING FOR LOCAL HEALTH WORK IN THE DISTRICT OF COLUMBIA.

WITH RESPECT TO PAYMENT TO THE COLLEGES OR UNIVERSITIES FOR TRAINING, IN THE ABSENCE OF A CONTRACT MADE PURSUANT TO LAW, BETWEEN THE DISTRICT OF COLUMBIA AND THE RESPECTIVE INSTITUTIONS, NO PAYMENT TO SUCH EDUCATIONAL INSTITUTIONS IS AUTHORIZED TO BE MADE FROM THE DISTRICT OF OF COLUMBIA APPROPRIATIONS OR FROM FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA UNDER THE SOCIAL SECURITY ACT. IN THE ABSENCE OF A STATUTE OR LEGAL CONTRACT PROVIDING SPECIFICALLY THEREFOR THERE WOULD APPEAR TO BE NO AUTHORITY TO PAY SUCH INSTITUTIONS FOR ANY PERIOD DURING WHICH NO STUDENTS FROM THE DISTRICT OF COLUMBIA WERE IN ATTENDANCE.