A-54321, NOVEMBER 30, 1935, 15 COMP. GEN. 455

A-54321: Nov 30, 1935

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" IS APPLICABLE ONLY TO BENEFICIARIES EMBRACED BY THE ORGANIC ACT OF SEPTEMBER 7. " AND IS NOT TO BE CONSTRUED AS AUTHORITY FOR REIMBURSING ARMY HOSPITALS FOR HOSPITAL AND MEDICAL TREATMENT FURNISHED BY SUCH HOSPITALS TO OTHER BENEFICIARIES BY VIRTUE OF OTHER ACTS. AS FOLLOWS: REFERENCE IS MADE TO DECISION OF THE COMPTROLLER GENERAL. ARMY HOSPITALS AND OTHER HOSPITALS OF THE UNITED STATES ARE NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF MEDICAL AND HOSPITAL TREATMENT FURNISHED BENEFICIARIES UNDER THE ACT. 6 COMP. REFERENCE IS ALSO MADE TO DECISION DATED JULY 23. WHEREIN IT WAS HELD THAT THE APPROPRIATION MADE BY THE JOINT RESOLUTION DATED APRIL 8. ONLY IN THE EVENT AND TO THE EXTENT IT SHOULD BE FOUND THAT ADDITIONAL WORK HAS BEEN OR WILL BE IMPOSED ON THE MEDICAL AND HOSPITAL FACILITIES OF THE NAVY DEPARTMENT BY REASON OF TREATING THIS NEW CLASS OF EMPLOYEES.

A-54321, NOVEMBER 30, 1935, 15 COMP. GEN. 455

MEDICAL AND HOSPITAL TREATMENT - ARMY HOSPITALS - EMPLOYEES' COMPENSATION COMMISSION BENEFICIARIES THE PORTION OF THE ACT OF FEBRUARY 2, 1935, 49 STAT. 9, PROVIDING UNDER "EMPLOYEES' COMPENSATION FUND" FOR REIMBURSEMENT TO "ARMY AND NAVY HOSPITALS," IS APPLICABLE ONLY TO BENEFICIARIES EMBRACED BY THE ORGANIC ACT OF SEPTEMBER 7, 1916, 39 STAT. 742, ENTITLED "AN ACT TO PROVIDE COMPENSATION FOR EMPLOYEES OF THE UNITED STATES SUFFERING INJURIES WHILE IN THE PERFORMANCE OF THEIR DUTIES, AND FOR OTHER PURPOSES," AND IS NOT TO BE CONSTRUED AS AUTHORITY FOR REIMBURSING ARMY HOSPITALS FOR HOSPITAL AND MEDICAL TREATMENT FURNISHED BY SUCH HOSPITALS TO OTHER BENEFICIARIES BY VIRTUE OF OTHER ACTS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, NOVEMBER 30, 1935:

THERE HAS BEEN CONSIDERED THE MATTER PRESENTED IN YOUR LETTER OF OCTOBER 31, 1935, AS FOLLOWS:

REFERENCE IS MADE TO DECISION OF THE COMPTROLLER GENERAL, A-54321, DATED MAY 15, 1934, WHICH HELD IN PART:

"IT HAS BEEN REPEATEDLY HELD BY THIS OFFICE THAT UNDER THE PROVISIONS OF SECTION 9 OF THE EMPLOYEES' COMPENSATION ACT OF 1916, AS AMENDED, ARMY HOSPITALS AND OTHER HOSPITALS OF THE UNITED STATES ARE NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF MEDICAL AND HOSPITAL TREATMENT FURNISHED BENEFICIARIES UNDER THE ACT. 6 COMP. GEN. 78; ID. 372.'

REFERENCE IS ALSO MADE TO DECISION DATED JULY 23, 1935, 15 COMP. GEN. 65, WHEREIN IT WAS HELD THAT THE APPROPRIATION MADE BY THE JOINT RESOLUTION DATED APRIL 8, 1935 (49 STAT. 117), WOULD BE AVAILABLE FOR PAYING THE COST OF MEDICAL TREATMENT THROUGH FACILITIES OF THE NAVY DEPARTMENT TO EMPLOYEES RECEIVING "SECURITY PAYMENTS" UNDER SAID APPROPRIATION, AS BENEFICIARIES OF THE EMPLOYEES' COMPENSATION COMMISSION, ONLY IN THE EVENT AND TO THE EXTENT IT SHOULD BE FOUND THAT ADDITIONAL WORK HAS BEEN OR WILL BE IMPOSED ON THE MEDICAL AND HOSPITAL FACILITIES OF THE NAVY DEPARTMENT BY REASON OF TREATING THIS NEW CLASS OF EMPLOYEES. IN THIS CONNECTION, THIS DECISION QUOTED FROM ANOTHER DECISION OF THE COMPTROLLER GENERAL, DATED AUGUST 6, 1934 (RECONSIDERING HIS HOLDING OF MAY 15, 1934, SUPRA), WHICH HELD IN PART THAT,"WHILE IT MAY BE THAT UNDER THE ANNUAL APPROPRIATIONS FOR THE EMPLOYEES' COMPENSATION COMMISSION PROVISION IS MADE FOR PAYMENTS TO ARMY AND NAVY HOSPITALS, SUCH PROVISION COVERS ONLY THE BENEFICIARIES UNDER THE EMPLOYEES' COMPENSATION LAWS AND NOT THE EMPLOYEES OF THE CIVIL WORKS ADMINISTRATION * * *.'

WITH REFERENCE TO THE QUOTED MATTER FROM THE DECISION OF MAY 15, 1934, SUPRA, THE DECISIONS CITED THEREIN, NAMELY, 6 COMP. GEN. 78, 372, CONSIDERED APPROPRIATIONS FOR THE EMPLOYEES' COMPENSATION COMMISSION WHICH DID NOT CONTAIN A PROVISION FOR PAYMENTS TO ARMY AND NAVY HOSPITALS. THIS CONNECTION, THE ACT MAKING APPROPRIATIONS FOR THE EXECUTIVE OFFICE AND SUNDRY INDEPENDENT EXECUTIVE BUREAUS, ETC., FOR THE FISCAL YEAR 1936, APPROVED FEBRUARY 2, 1935 (PUBLIC NO. 2, 74TH CONGRESS), PROVIDED IN PART UNDER THE HEADING "EMPLOYEES' COMPENSATION COMMISSION.'

"EMPLOYEES' COMPENSATION FUND: FOR THE PAYMENT OF COMPENSATION PROVIDED BY "AN ACT TO PROVIDE COMPENSATION FOR EMPLOYEES OF THE UNITED STATES SUFFERING INJURIES WHILE IN THE PERFORMANCE OF THEIR DUTIES, AND FOR OTHER PURPOSES," APPROVED SEPTEMBER 7, 1916 (U.S.C., TITLE 5, SEC. 785), INCLUDING MEDICAL EXAMINATIONS, TRAVELING AND OTHER EXPENSES, AND LOSS OF WAGES PAYABLE TO EMPLOYEES UNDER SECTIONS 21 AND 22; ALL SERVICES, APPLIANCES, AND SUPPLIES PROVIDED BY SECTION 9 AS AMENDED, INCLUDING PAYMENTS TO ARMY AND NAVY HOSPITALS; THE TRANSPORTATION AND BURIAL EXPENSES PROVIDED BY SECTIONS 9 AND 11; AND ADVANCEMENT OF COSTS FOR THE ENFORCEMENT OF RECOVERIES PROVIDED IN SECTIONS 26 AND 27 WHERE NECESSARY, ACCRUING DURING THE FISCAL YEAR 1936 OR IN PRIOR FISCAL YEARS, $4,250,000.'

IN VIEW OF THE SPECIFIC PROVISION ITALICIZED IN THE ABOVE QUOTATION, YOUR DECISION IS REQUESTED AS TO WHETHER PAYMENTS MAY NOW BE MADE TO ARMY HOSPITALS UNDER THE AUTHORITY OF THE CURRENT APPROPRIATION ACT, FOR HOSPITALIZATION FURNISHED TO BENEFICIARIES UNDER THE EMPLOYEES' COMPENSATION LAWS.

THE ACT OF FEBRUARY 2, 1935, 49 STAT. 9, QUOTED IN THE LETTER, SUPRA, APPROPRIATES THE SUM OF $4,250,000 FOR THE EMPLOYEES' COMPENSATION COMMISSION FOR USE DURING THE FISCAL YEAR 1936, FOR THE PAYMENT OF COMPENSATION, ETC., PROVIDED BY THE ORGANIC ACT OF SEPTEMBER 7, 1916, 39 STAT. 742, ENTITLED "AN ACT TO PROVIDE COMPENSATION FOR EMPLOYEES OF THE UNITED STATES SUFFERING INJURIES WHILE IN THE PERFORMANCE OF THEIR DUTIES, AND FOR OTHER PURPOSES.' THE PROVISION CONTAINED THEREIN FOR "PAYMENTS TO ARMY AND NAVY HOSPITALS" HAS BEEN INCLUDED IN THE ANNUAL APPROPRIATION ACTS FOR THE EMPLOYEES' COMPENSATION COMMISSION SINCE THE FISCAL YEAR 1928. SEE PAGE 213 OF THE HEARING BEFORE THE SUBCOMMITTEE OF HOUSE COMMITTEE ON APPROPRIATIONS, INDEPENDENT OFFICES APPROPRIATION BILL 1928.

THE PART OF THE DECISION OF THIS OFFICE DATED MAY 15, 1934, A-54321, TO THE CHAIRMAN, UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, QUOTED IN THE FIRST PART OF THE LETTER, SUPRA, VIZ:

IT HAS BEEN REPEATEDLY HELD BY THIS OFFICE THAT UNDER THE PROVISIONS OF SECTION 9 OF THE EMPLOYEES' COMPENSATION ACT OF 1916, AS AMENDED, ARMY HOSPITALS AND OTHER HOSPITALS OF THE UNITED STATES ARE NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF MEDICAL AND HOSPITAL TREATMENT FURNISHED BENEFICIARIES UNDER THE ACT (6 COMP. GEN. 78; ID. 372 * * *).

HAS REFERENCE ONLY TO THE QUESTION THEREIN RAISED AS TO WHETHER ARMY HOSPITALS COULD BE REIMBURSED FOR HOSPITAL AND MEDICAL TREATMENT FURNISHED BY SUCH HOSPITALS TO EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION TO WHICH CLASS OF EMPLOYEES CERTAIN BENEFITS OF THE ORGANIC ACT OF 1916 HAD BEEN EXTENDED BY VIRTUE OF THE PROVISIONS OF THE ACT OF FEBRUARY 15, 1934, 48 STAT. 351, WHICH, ALSO, APPROPRIATED FUNDS FOR SUCH EMPLOYEES AND FOR PAYMENT OF THE COMPENSATION AND BENEFITS CONFERRED UPON THEM UNDER THE EMPLOYEES' COMPENSATION LAWS. SINCE THE FUNDS MADE AVAILABLE FOR THIS CLASS OF EMPLOYEES CARRIED NO PROVISION "FOR PAYMENT TO ARMY AND NAVY HOSPITALS," SUCH AS THAT CONTAINED IN THE ANNUAL APPROPRIATION ACTS FOR THE COMMISSION SINCE 1928 RELATIVE TO GOVERNMENT EMPLOYEES COMING WITHIN THE SCOPE OF THE ORGANIC ACT OF 1916, THERE WERE APPROPRIATELY APPLIED IN THAT CASE THE DECISIONS OF THIS OFFICE IN EFFECT AT A TIME WHEN SUCH AUTHORIZATION FOR REIMBURSEMENT TO ARMY AND NAVY HOSPITALS WAS NOT CONTAINED IN THE ANNUAL APPROPRIATION ACTS FOR THE COMMISSION. HENCE, THE REASON FOR HOLDING IN SAID DECISION OF MAY 15, 1934, A-54321, THAT THERE WAS NO AUTHORITY FOR REIMBURSING ARMY AND NAVY HOSPITALS FOR HOSPITAL AND MEDICAL TREATMENT FURNISHED BY SUCH HOSPITALS TO EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION. THIS RULING WAS REAFFIRMED IN DECISION DATED AUGUST 6, 1934, A-54321, TO THE SECRETARY OF THE NAVY, AND IN DECISION DATED SEPTEMBER 4, 1934, A-54321, TO YOU. (SEE ALSO, 14 COMP. GEN. 706.)

THE PORTION OF THE ACT OF FEBRUARY 2, 1935 (49 STAT. 9), QUOTED IN THE LETTER, SUPRA, IS SPECIFICALLY LIMITED TO THE CLASS OF PERSONS EMBRACED BY THE BASIC ACT OF SEPTEMBER 7, 1916 (39 STAT. 742), ENTITLED "AN ACT TO PROVIDE COMPENSATION FOR EMPLOYEES OF THE UNITED STATES SUFFERING INJURIES WHILE IN THE PERFORMANCE OF THEIR DUTIES, AND FOR OTHER PURPOSES," AS AMENDED. THAT SAID PORTION OF THE ACT PROVIDING, AMONG OTHER THINGS, FOR REIMBURSEMENT TO "ARMY AND NAVY HOSPITALS" FROM THE APPROPRIATION OF $4,250,000, MADE AVAILABLE THEREUNDER WAS NOT INTENDED FOR APPLICATION IN THE CASE OF HOSPITALIZED EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION TO WHOM CERTAIN BENEFITS OF THE ORGANIC ACT WERE EXTENDED BY THE PROVISIONS OF THE ACT OF FEBRUARY 15, 1934 (48 STAT. 351), IS DEMONSTRATED BY THE FACT THAT SAID ACT OF FEBRUARY 2, 1935, MAKES SPECIFIC PROVISION FOR THAT CLASS OF EMPLOYEES, AS FOLLOWS:

EMPLOYEES COMPENSATION FUND, CIVIL WORKS

FOR ADMINISTRATIVE EXPENSES AND PAYMENT OF COMPENSATION IN CONNECTION WITH THE ADMINISTRATION OF THE BENEFITS FOR EMPLOYEES OF THE CIVIL WORKS ADMINISTRATION IN ACCORDANCE WITH THE PROVISIONS OF THE ACT ENTITLED "AN ACT MAKING AN ADDITIONAL APPROPRIATION TO CARRY OUT THE PURPOSES OF THE FEDERAL EMERGENCY RELIEF ACT OF 1933, FOR CONTINUATION OF THE CIVIL WORKS PROGRAM, AND FOR OTHER PURPOSES," APPROVED FEBRUARY 15, 1934 (48 STAT., P. 352), $2,081,000 OF THE SPECIAL FUND SET UP ON THE BOOKS OF THE TREASURY PURSUANT TO THE PROVISIONS OF SAID ACT SHALL BE AVAILABLE FOR EXPENDITURE DURING THE FISCAL YEAR 1936.

WHILE SPECIFIC FUNDS ARE THUS MADE AVAILABLE TO THE EMPLOYEES' COMPENSATION COMMISSION FOR THE ADMINISTRATIVE EXPENSES AND PAYMENT OF COMPENSATION IN CONNECTION WITH THE ADMINISTRATION OF BENEFITS OF THE ORGANIC ACT OF 1916 EXTENDED TO EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION BY VIRTUE OF ANOTHER ACT (48 STAT. 351), THERE IS PARTICULARLY FOR NOTING THE ABSENCE THEREIN OF ANY PROVISION FOR PAYMENT OF THESE FUNDS TO "ARMY AND NAVY HOSPITALS," CLEARLY INDICATING, UNDER THE LEGAL MAXIM APPLICABLE TO THE CONSTRUCTION OF STATUTES, EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS, THAT THE AUTHORIZING OF REIMBURSEMENT TO "ARMY AND NAVY HOSPITALS" IN THAT PART OF THE ACT COVERING EMPLOYEES COMING WITHIN THE SCOPE OF THE ORGANIC ACT PRECLUDES ANY INTERPRETATION THAT SUCH AUTHORIZATION IS TO BE EXTENDED TO EMPLOYEES NOT COMING WITHIN THE SCOPE OF SAID ORGANIC ACT BUT TO WHOM THE BENEFITS OF SAID ACT ARE EXTENDED MERELY BY VIRTUE OF OTHER ACTS SUCH AS IN THE CASE OF FEDERAL CIVIL WORKS EMPLOYEES.

THE ABSENCE OF SUCH AUTHORIZATION IN PROVIDING FOR FUNDS FOR THIS CLASS OF EMPLOYEES, SUGGESTS, ALSO, THAT WHEN THE CONGRESS EXTENDED THE BENEFITS OF THE ORGANIC ACT TO THEM IT MUST HAVE KNOWN THAT THE MEDICAL, SURGICAL, AND HOSPITAL SERVICES PROVIDED FOR THEREUNDER WERE FURNISHED PRIMARILY THROUGH GOVERNMENTAL FACILITIES AND IF NOT PRACTICABLE, THEN THROUGH PRIVATE AGENCIES. HENCE, THE PROVISION IN THE ACT OF FEBRUARY 2, 1935, PROVIDING FOR THE REIMBURSEMENT TO "ARMY AND NAVY HOSPITALS" CARRIES NO GREATER SIGNIFICANCE THAN THE IDENTICAL PROVISION APPEARING IN PRIOR ACTS MAKING APPROPRIATIONS FOR THE EMPLOYEES' COMPENSATION COMMISSION, THE EFFECT OF WHICH WAS DULY CONSIDERED IN DECISION OF THIS OFFICE, A-54321, DATED AUGUST 6, 1934, ADDRESSED TO THE SECRETARY OF THE NAVY.

THE ACT OF FEBRUARY 2, 1935, NOT CREATING ANY SITUATION DIFFERENT FROM THAT THERETOFORE EXISTING, THERE IS THUS PRESENTED NO GROUND WARRANTING ANY CHANGE IN THE CONCLUSION REACHED IN THE DECISIONS OF THIS OFFICE DATED MAY 15, 1934, AUGUST 6, 1934, AND SEPTEMBER 4, 1934, A-54321, INSOFAR AS EMPLOYEES OF THE CIVIL WORKS ADMINISTRATION ARE CONCERNED.

SPECIFICALLY, THEREFORE, YOU ARE ADVISED THAT THE ACT OF FEBRUARY 2, 1935, AUTHORIZING REIMBURSEMENT TO "ARMY AND NAVY HOSPITALS" IS APPLICABLE ONLY TO BENEFICIARIES EMBRACED BY THE ORGANIC ACT OF SEPTEMBER 7, 1916, AND IS NOT TO BE CONSTRUED AS ANY AUTHORITY FOR REIMBURSING ARMY HOSPITALS FOR HOSPITAL AND MEDICAL TREATMENT FURNISHED BY SUCH HOSPITALS TO OTHER BENEFICIARIES BY VIRTUE OF OTHER ACTS. SEE, FOR INSTANCE, 15 COMP. GEN. 65, REGARDING THE EXTENT TO WHICH REIMBURSEMENT MAY BE MADE FOR HOSPITALIZED EMPLOYEES RECEIVING "SECURITY PAYMENTS" IN RESPECT OF WHICH CLASS OF EMPLOYEES THE BENEFITS OF THE ORGANIC ACT OF 1916 WERE EXTENDED BY JOINT RESOLUTION APPROVED APRIL 8, 1935 (49 STAT. 117), APPROPRIATION THEREFOR TO BE BY ALLOTMENT BY THE PRESIDENT FROM FUNDS MADE AVAILABLE UNDER SAID ACT.