A-69851, JANUARY 27, 1936, 15 COMP. GEN. 666

A-69851: Jan 27, 1936

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ARE NOT AVAILABLE FOR THE FURNISHING OF MEDICAL OR HOSPITAL TREATMENT AND/OR BURIAL. 936: THERE WAS RECEIVED JANUARY 11. INASMUCH AS THE BENEFITS OF THE LATTER ACT MAY NOT BE EXTENDED TO PERSONS WHO ARE INJURED OR BECOME ILL WHILE NOT IN THE PERFORMANCE OF DUTY. THERE HAVE ARISEN IN CONNECTION WITH THE OPERATION OF WORK CAMPS FOR UNATTACHED WORKERS (SEE ATTACHED ADMINISTRATIVE ORDER NO. 22 FOR DEFINITION. THE FOLLOWING QUESTIONS WHICH ARE PRESENTED FOR YOUR CONSIDERATION: 1. ARE THE FUNDS MADE AVAILABLE FOR SUCH CAMPS PROPERLY CHARGEABLE WITH THE COST OF HOSPITALIZATION AND/OR BURIAL. ARE INJURED OR BECOME ILL WHILE ATTACHED TO AND RESIDING AT THE WORK CAMP BUT WHEN NOT IN THE PERFORMANCE OF DUTY? 2.

A-69851, JANUARY 27, 1936, 15 COMP. GEN. 666

MEDICAL TREATMENT AND BURIAL EXPENSES - UNATTACHED RELIEF WORKERS IN GOVERNMENT WORK CAMPS APPROPRIATIONS PROVIDED BY THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, 49 STAT. 117, ARE NOT AVAILABLE FOR THE FURNISHING OF MEDICAL OR HOSPITAL TREATMENT AND/OR BURIAL, INCLUDING TRANSPORTATION INCIDENTAL THERETO, OF UNATTACHED RELIEF WORKERS RESIDING IN GOVERNMENT WORK CAMPS, INJURED OR TAKEN ILL WHEN NOT IN THE PERFORMANCE OF DUTY, BUT PUBLIC FUNDS MAY BE USED TO THE EXTENT NECESSARY TO THE DISPOSITION OF THE REMAINS OF SUCH PERSONS AS A SANITARY MEASURE WHERE LOCAL AUTHORITIES FAIL OR REFUSE TO ASSUME SUCH OBLIGATION.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, WORKS PROGRESS ADMINISTRATION, JANUARY 27, 936:

THERE WAS RECEIVED JANUARY 11, 1936, YOUR UNDATED LETTER AS FOLLOWS:

THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 EXTENDS TO THOSE PERSONS RECEIVING SECURITY WAGES, AS ESTABLISHED BY THE PRESIDENT, THE BENEFITS OF THE PROVISIONS OF THE ACT OF FEBRUARY 15, 1934 (48 STAT. 351), RELATING TO DISABILITY OR DEATH COMPENSATION.

INASMUCH AS THE BENEFITS OF THE LATTER ACT MAY NOT BE EXTENDED TO PERSONS WHO ARE INJURED OR BECOME ILL WHILE NOT IN THE PERFORMANCE OF DUTY, THERE HAVE ARISEN IN CONNECTION WITH THE OPERATION OF WORK CAMPS FOR UNATTACHED WORKERS (SEE ATTACHED ADMINISTRATIVE ORDER NO. 22 FOR DEFINITION, ETC.) THE FOLLOWING QUESTIONS WHICH ARE PRESENTED FOR YOUR CONSIDERATION:

1. ARE THE FUNDS MADE AVAILABLE FOR SUCH CAMPS PROPERLY CHARGEABLE WITH THE COST OF HOSPITALIZATION AND/OR BURIAL, INCLUDING TRANSPORTATION INCIDENTAL THERETO, OF EMPLOYEES WHO, NOT AS A RESULT OF PERSONAL MISCONDUCT, ARE INJURED OR BECOME ILL WHILE ATTACHED TO AND RESIDING AT THE WORK CAMP BUT WHEN NOT IN THE PERFORMANCE OF DUTY?

2. IF BURIAL IS AUTHORIZED, WHAT SHALL BE THE MAXIMUM FEE FOR SUCH SERVICE?

3. IS THERE AUTHORITY FOR THE FURNISHING OF PROSTHETIC APPLIANCES TO SUCH EMPLOYEES WHEN INJURY IS SUSTAINED WHILE ENGAGED IN REGULAR CAMP ACTIVITIES BUT NOT IN THE PERFORMANCE OF DUTY, ASSUMING STILL THAT CONDITION REQUIRING SUCH APPLIANCES IS NOT A RESULT OF PERSONAL MISCONDUCT?

YOUR EARLY CONSIDERATION AND REPLY WILL BE APPRECIATED.

SECTIONS 1 AND 2 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, DATED APRIL 8, 1935, 49 STAT. 117, PROVIDE IN PART AS FOLLOWS:

* * * PROVIDED, HOWEVER, THAT THE EXPENDITURE OF FUNDS FROM THE APPROPRIATION MADE HEREIN FOR THE CONSTRUCTION OF PUBLIC HIGHWAYS AND OTHER RELATED PROJECTS SHALL BE SUBJECT TO SUCH RULES AND REGULATIONS AS THE PRESIDENT MAY PRESCRIBE FOR CARRYING OUT THIS PARAGRAPH, AND PREFERENCE IN THE EMPLOYMENT OF LABOR SHALL BE GIVEN (EXCEPT IN EXECUTIVE, ADMINISTRATIVE, SUPERVISORY, AND HIGHLY SKILLED POSITIONS) TO PERSONS RECEIVING RELIEF, WHERE THEY ARE QUALIFIED, AND THE PRESIDENT IS HEREBY AUTHORIZED TO PREDETERMINE FOR EACH STATE THE HOURS OF WORK AND THE RATES OF WAGES TO BE PAID TO SKILLED, INTERMEDIATE, AND UNSKILLED LABOR ENGAGED IN SUCH CONSTRUCTION THEREIN: * * *

SEC. 2. THE APPROPRIATION MADE HEREIN SHALL BE AVAILABLE FOR USE ONLY IN THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS. THE PROVISIONS OF THE ACT OF FEBRUARY 15, 1934 (48 STAT. 351), RELATING TO DISABILITY OR DEATH COMPENSATION AND BENEFITS SHALL APPLY TO THOSE PERSONS RECEIVING FROM THE APPROPRIATION MADE HEREIN, FOR SERVICES RENDERED AS EMPLOYEES OF THE UNITED STATES, SECURITY PAYMENTS IN ACCORDANCE WITH SCHEDULES ESTABLISHED BY THE PRESIDENT: PROVIDED, THAT SO MUCH OF THE SUM HEREIN APPROPRIATED AS THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, WITH THE APPROVAL OF THE PRESIDENT, ESTIMATES AND CERTIFIES TO THE SECRETARY OF THE TREASURY WILL BE NECESSARY FOR THE PAYMENT OF SUCH COMPENSATION AND ADMINISTRATIVE EXPENSES SHALL BE SET ASIDE IN A SPECIAL FUND TO BE ADMINISTERED BY THE COMMISSION FOR SUCH PURPOSES; AND AFTER JUNE 30, 1936, SUCH SPECIAL FUND SHALL BE AVAILABLE FOR THOSE PURPOSES ANNUALLY IN SUCH AMOUNTS AS MAY BE SPECIFIED THEREFOR IN THE ANNUAL APPROPRIATION ACTS.

BY EXECUTIVE ORDER NO. 7157, DATED AUGUST 23, 1935, THE PRESIDENT ISSUED REGULATION NO. 6 PURSUANT TO THE AUTHORITY VESTED IN HIM BY THE QUOTED STATUTE, PROVIDING AS FOLLOWS:

1. DEFINITIONS.--- THE TERM "PROJECT," AS USED HEREIN, MEANS A PROJECT (A) WHICH IS FINANCED IN WHOLE OR IN PART FROM FUNDS APPROPRIATED BY THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, AND (B) TO WHICH IS APPLICABLE THE SCHEDULE OF MONTHLY EARNINGS SET FORTH IN PART I OF REGULATION NO. 1, PRESCRIBING RULES AND REGULATIONS RELATING TO WAGES, HOURS OF WORK, AND CONDITIONS OF EMPLOYMENT UNDER THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 (EXECUTIVE ORDER NO. 7046 OF MAY 20, 1935, AND AMENDMENTS THERETO).

THE TERM "SUBSISTENCE," AS USED HEREIN, MEANS BOARD, LODGING, AND ANY OTHER SERVICES, FACILITIES, OR EQUIPMENT FURNISHED TO UNATTACHED WORKERS AS DEFINED BY THE WORKS PROGRESS ADMINISTRATOR.

2. WAGES.--- THE ADMINISTRATOR OF THE WORKS PROGRESS ADMINISTRATION, OR REPRESENTATIVES DESIGNATED BY HIM, MAY, IN THEIR DISCRETION, (A) EXEMPT FROM THE SAID SCHEDULE OF MONTHLY EARNINGS ANY PROJECT, PORTION OF A PROJECT, OR CLASS OF WORK UPON A PROJECT, WITH RESPECT TO UNATTACHED WORKERS, WHO ARE FURNISHED SUBSISTENCE IN A CAMP OPERATED UNDER THE SUPERVISION OF AN AGENCY OF THE FEDERAL GOVERNMENT, AND (B) PROVIDE THAT, IN LIEU OF SUCH MONTHLY EARNINGS, SUCH UNATTACHED WORKERS SHALL, IN ADDITION TO THEIR SUBSISTENCE, BE PAID MONTHLY EARNINGS NOT TO EXCEED TWENTY-FIVE DOLLARS ($25.00) PER MONTH.

THE FOREGOING EXEMPTION SHALL NOT BE MADE WHERE TO DO SO WOULD INVOLVE THE APPLICATION OF DIFFERENT WAGE SCALES AMONG WORKERS EMPLOYED AT ONE LOCATION AT THE SAME CLASS OF WORK.

3. EXCEPT AS HEREIN OTHERWISE PROVIDED, THE PROVISIONS OF THE SAID REGULATION NO. 1 (INCLUDING THE PROVISIONS WITH RESPECT TO CREDITS AND DEDUCTIONS FOR TIME LOST) SHALL BE APPLICABLE TO THE EMPLOYMENT OF UNATTACHED WORKERS.

THE DISABILITY OR DEATH COMPENSATION AND BENEFITS UNDER THE ACT OF FEBRUARY 15, 1934, 48 STAT. 351, EXTENDED BY SECTION 2 OF THE ABOVE QUOTED STATUTE TO "PERSONS RECEIVING FROM THE APPROPRIATION MADE HEREIN, FOR SERVICES RENDERED AS EMPLOYEES OF THE UNITED STATES, SECURITY PAYMENTS IN ACCORDANCE WITH SCHEDULE ESTABLISHED BY THE PRESIDENT," ARE SPECIFICALLY AUTHORIZED ,ONLY FOR DISABILITY OR DEATH RESULTING FROM TRAUMATIC INJURY WHILE IN THE PERFORMANCE OF DUTY.'

THE FURNISHING OF SUCH BENEFITS HAVING THUS BEEN LIMITED BY STATUTE, THE APPROPRIATIONS PROVIDED BY THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 ARE NOT AVAILABLE FOR PROVIDING SUCH BENEFITS ON ANY OTHER BASIS. ACCORDINGLY, THE USE OF FUNDS ALLOCATED FOR THESE CAMPS TO PAY THE COST OF HOSPITALIZATION OR BURIAL OF THE CLASS OF WORKERS MENTIONED IN YOUR LETTER, EITHER UNDER THE TERM "SUBSISTENCE" AS DEFINED IN EXECUTIVE ORDER NO. 7157, SUPRA, OR OTHERWISE, IS NOT AUTHORIZED.

QUESTIONS 1 AND 3 ARE ANSWERED IN THE NEGATIVE, MAKING IT UNNECESSARY TO ANSWER QUESTION 2. THE UNCLAIMED REMAINS OF SUCH WORKERS WHO DIE WHILE ATTACHED TO AND RESIDING AT WORK CAMPS SHOULD BE TURNED OVER TO THE LOCAL AUTHORITIES FOR DISPOSITION INASMUCH AS PUBLIC FUNDS ARE NOT AVAILABLE FOR PAYING THE COST OF BURIAL EXPENSES UNDER SUCH CIRCUMSTANCES, EXCEPT TO THE EXTENT NECESSARILY INCURRED IN THE DISPOSITION OF THE REMAINS AS A SANITARY MEASURE, WHERE THE LOCAL AUTHORITIES FAIL OR REFUSE TO ASSUME SUCH OBLIGATION.