B-101517, MARCH 29, 1951, 30 COMP. GEN. 387

B-101517: Mar 29, 1951

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APPROPRIATIONS - AVAILABILITY - PHYSICAL EXAMINATIONS OF CIVILIAN EMPLOYEES PHYSICAL EXAMINATIONS OF CIVILIAN EMPLOYEES ENGAGED IN CONDUCTING TESTS OF REPELLENTS AND INSECTICIDES FOR USE BY THE ARMED FORCES FOR THE PURPOSE OF PREVENTING DISEASE AND THE CONSEQUENT LOSS OF MANPOWER ARE PRECAUTIONARY MEASURES PRIMARILY FOR THE BENEFIT OF THE GOVERNMENT. 1951: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 16. ON THE VOUCHER IT IS STATED THAT THE PHYSICAL EXAMINATIONS ARE NECESSARY IN THE COMPLETION OF THE EXPERIMENTAL RESEARCH. THAT THE PRICE CHARGED IS THE SAME AS THAT CHARGED THE GENERAL PUBLIC FOR SUCH SERVICES. THAT THERE ARE NO OTHER GOVERNMENTAL FACILITIES IN THE AREA WHICH MIGHT BE UTILIZED FOR THESE SERVICES.

B-101517, MARCH 29, 1951, 30 COMP. GEN. 387

APPROPRIATIONS - AVAILABILITY - PHYSICAL EXAMINATIONS OF CIVILIAN EMPLOYEES PHYSICAL EXAMINATIONS OF CIVILIAN EMPLOYEES ENGAGED IN CONDUCTING TESTS OF REPELLENTS AND INSECTICIDES FOR USE BY THE ARMED FORCES FOR THE PURPOSE OF PREVENTING DISEASE AND THE CONSEQUENT LOSS OF MANPOWER ARE PRECAUTIONARY MEASURES PRIMARILY FOR THE BENEFIT OF THE GOVERNMENT, RATHER THAN FOR THE BENEFIT OF THE EMPLOYEES, AND THEREFORE PAYMENT FOR SUCH EXAMINATIONS MAY BE MADE FROM ARMY QUARTERMASTER SERVICE FUNDS APPROPRIATED FOR TESTS, EXPERIMENTAL WORK, AND SCIENTIFIC RESEARCH.

ACTING COMPTROLLER GENERAL YATES TO LEWIS S. GLASS, DEPARTMENT OF AGRICULTURE, MARCH 29, 1951:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 16, 1951, SUBMITTING A VOUCHER IN FAVOR OF FRANK D. GRAY, M.D., 12 NORTH ROSALIND AVENUE, ORLANDO, FLORIDA, IN THE AMOUNT OF $10, COVERING FEES FOR FIVE PHYSICAL EXAMINATIONS OF DR. CARROLL N. SMITH, GROUP LEADER OF THE REPELLENT PROJECT OF THE ORLANDO RESEARCH LABORATORY. YOU REQUEST A DECISION AS TO WHETHER THE VOUCHER, AND SUBSEQUENT VOUCHERS COVERING SIMILAR FEES, MAY BE CERTIFIED FOR PAYMENT.

ON THE VOUCHER IT IS STATED THAT THE PHYSICAL EXAMINATIONS ARE NECESSARY IN THE COMPLETION OF THE EXPERIMENTAL RESEARCH, THAT THE PRICE CHARGED IS THE SAME AS THAT CHARGED THE GENERAL PUBLIC FOR SUCH SERVICES, THAT THERE ARE NO OTHER GOVERNMENTAL FACILITIES IN THE AREA WHICH MIGHT BE UTILIZED FOR THESE SERVICES, AND THAT THE ESTIMATED ANNUAL COST OF SUCH EXAMINATIONS IS LESS THAN $300. YOU STATE IN YOUR LETTER THAT THE ORLANDO RESEARCH LABORATORY IS A PART OF THE DIVISION OF INSECTS AFFECTING MAN AND ANIMALS, BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE, DEPARTMENT OF AGRICULTURE, BUT THAT IT IS FINANCED BY THE DEPARTMENT OF DEFENSE AND IS NOW ENGAGED IN CONDUCTING TESTS OF REPELLENTS AND INSECTICIDES FOR USE BY THE ARMED FORCES; THAT THE PHYSICAL EXAMINATIONS INVOLVED ARE PRECAUTIONARY MEASURES FOR THE PROTECTION OF THE GOVERNMENT AS WELL AS THE PERSONNEL EXAMINED; THAT THE ARMY ENVIRONMENTAL HYGIENE LABORATORY HAS RULED RECENTLY THAT PHYSICAL EXAMINATIONS SHOULD BE MADE AFTER EACH TEST PERIOD; THAT THERE ARE NO GOVERNMENT FACILITIES AVAILABLE FOR MAKING THE EXAMINATIONS; AND THAT DR. GRAY IS AMONG THE GOVERNMENT-APPROVED PHYSICIANS IN ORLANDO.

THE APPROPRIATION ACCOUNT PROPOSED TO BE CHARGED IS DESIGNATED AS " WORKING FUND, AGRICULTURE, AGRICULTURAL RESEARCH ADMINISTRATION, 1951," WHICH WAS ESTABLISHED WITH FUNDS ADVANCED FROM THE APPROPRIATION FOR THE ARMY QUARTERMASTER SERVICE. THERE IS NOT FOUND ANY APPROPRIATION SPECIFICALLY AVAILABLE FOR PAYMENT OF FEES FOR PHYSICAL EXAMINATIONS SUCH AS THOSE COVERED BY THE VOUCHER, BUT THE REFERRED-TO APPROPRIATION FOR THE ARMY QUARTERMASTER SERVICE INCLUDES FUNDS "FOR TESTS AND EXPERIMENTAL AND DEVELOPMENT WORK AND SCIENTIFIC RESEARCH, NOT OTHERWISE PROVIDED FOR" (64 STAT. 735).

IN 22 COMP. GEN. 32, IT WAS STATED:

IT HAS BEEN LONG RECOGNIZED THAT THE EXPENSE OF MEDICAL TREATMENT FOR CIVILIAN EMPLOYEES OF THE GOVERNMENT IS PERSONAL TO THE EMPLOYEE AND THAT THERE IS NO AUTHORITY FOR THE PAYMENT THEREOF FROM PUBLIC FUNDS UNLESS PROVIDED FOR IN THE CONTRACT OF EMPLOYMENT OR BY STATUTORY ENACTMENT OR VALID REGULATION. 6 COMP. DEC. 955; 8 ID. 296, 11 ID. 177; 16 ID. 99; 3 COMP. GEN. 111; 18 ID. 533.

HOWEVER, THIS OFFICE HAS HELD THAT WHERE THE CIRCUMSTANCES ARE SUCH THAT MEDICAL ATTENTION TO AN EMPLOYEE-- INCLUDING INOCULATION OR VACCINATION TO WHICH THESE EXAMINATIONS SEEM MORE OR LESS AKIN IN VIEW OF THEIR PRECAUTIONARY NATURE--- MAY BE CONSIDERED AS PRIMARILY FOR THE BENEFIT OF THE GOVERNMENT RATHER THAN THE EMPLOYEE, THE EXPENSE THEREOF MAY PROPERLY BE PAID FROM APPROPRIATED FUNDS. 2 COMP. DEC. 347; 6 ID. 447; 60 MS COMP. DEC. 1425; A-29752, DECEMBER 17, 1929; A-32786, AUGUST 8, 1930; A-97344, AUGUST 26, 1938. CF. 15 COMP. GEN. 20.

IN THE INSTANT MATTER, IT APPEARS THAT THERE IS A REASONABLE BASIS FOR HOLDING THAT THE PHYSICAL EXAMINATIONS IN QUESTION ARE PRIMARILY FOR THE BENEFIT OF THE GOVERNMENT, RATHER THAN FOR THE BENEFIT OF THE EMPLOYEES, IN ORDER TO PREVENT THE CONTRACTING OF DISEASE BY THE EMPLOYEES AND THE CONSEQUENT LOSS OF MANPOWER. ACCORDINGLY, IN VIEW OF ALL THE FACTS AND CIRCUMSTANCES PRESENTED, I HAVE TO ADVISE THAT, SINCE THE COST OF THESE EXAMINATIONS APPEAR TO BE A NECESSARY AND INCIDENTAL EXPENSE IN CONNECTION WITH THE PURPOSES OF THE APPROPRIATION INVOLVED, THE VOUCHER SUBMITTED BY YOU--- AND SUBSEQUENT VOUCHERS COVERING SIMILAR EXPENSES--- MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT. THE VOUCHER IS RETURNED HEREWITH.