B-108258, MAY 6, 1952, 31 COMP. GEN. 566

B-108258: May 6, 1952

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DO NOT REQUIRE SUCH REIMBURSEMENT OF EXPENDITURES WHICH ARE DISBURSED FROM THE APPROPRIATION " SUPPORT OF UNITED STATES PRISONERS" BY SAID UNITED STATES MARSHAL FOR PRISONERS CHARGED EXCLUSIVELY WITH FEDERAL OFFENSES. THE PROVISIONS IN THE ANNUAL DEPARTMENT OF JUSTICE APPROPRIATION ACTS REQUIRING REIMBURSEMENT BY THE DISTRICT OF COLUMBIA OF 60 PERCENT OF THE EXPENDITURES FOR THE OFFICES OF THE UNITED STATES ATTORNEY AND THE UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA ARE APPLICABLE TO EXPENDITURES FOR PSYCHIATRIC SERVICES RENDERED STRICTLY IN FEDERAL CASES IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. FOR WHICH PAYMENTS ARE MADE FROM THE APPROPRIATION " SUPPORT OF UNITED STATES PRISONERS" PURSUANT TO AUTHORITY IN THE ACT OF SEPTEMBER 7.

B-108258, MAY 6, 1952, 31 COMP. GEN. 566

APPROPRIATIONS - DEPARTMENT OF JUSTICE - REIMBURSEMENT BY DISTRICT OF COLUMBIA FOR EXPENDITURES; COMPENSATION - DOUBLE - EMPLOYMENT ON FEE BASIS UNDER SEPARATE EMPLOYMENTS THE PROVISIONS IN THE ANNUAL DEPARTMENT OF JUSTICE APPROPRIATION ACTS REQUIRING REIMBURSEMENT BY THE DISTRICT OF COLUMBIA OF 60 PERCENT OF THE EXPENDITURES FOR THE OFFICES OF THE UNITED STATES ATTORNEY AND THE UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA, DO NOT REQUIRE SUCH REIMBURSEMENT OF EXPENDITURES WHICH ARE DISBURSED FROM THE APPROPRIATION " SUPPORT OF UNITED STATES PRISONERS" BY SAID UNITED STATES MARSHAL FOR PRISONERS CHARGED EXCLUSIVELY WITH FEDERAL OFFENSES. THE PROVISIONS IN THE ANNUAL DEPARTMENT OF JUSTICE APPROPRIATION ACTS REQUIRING REIMBURSEMENT BY THE DISTRICT OF COLUMBIA OF 60 PERCENT OF THE EXPENDITURES FOR THE OFFICES OF THE UNITED STATES ATTORNEY AND THE UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA ARE APPLICABLE TO EXPENDITURES FOR PSYCHIATRIC SERVICES RENDERED STRICTLY IN FEDERAL CASES IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, FOR WHICH PAYMENTS ARE MADE FROM THE APPROPRIATION " SUPPORT OF UNITED STATES PRISONERS" PURSUANT TO AUTHORITY IN THE ACT OF SEPTEMBER 7, 1949. THE COST OF PSYCHIATRIC SERVICES RENDERED IN CRIMINAL CASES TRIED IN THE MUNICIPAL COURT OF COLUMBIA IN THE NAME OF THE UNITED STATES BY THE UNITED STATES ATTORNEY PURSUANT TO THE PROVISIONS OF SECTION 101, TITLE 23, OF THE DISTRICT OF COLUMBIA, CODE, IS CHARGEABLE TO THE DEPARTMENT OF JUSTICE APPROPRIATION " SUPPORT OF UNITED STATES PRISONERS" THE ONLY APPROPRIATION AVAILABLE FOR THAT PURPOSE, AND THE AVAILABILITY REMAINS THE SAME WHETHER THE SERVICES ARE RENDERED PURSUANT TO MOTION OF THE UNITED STATES ATTORNEY, OR ON BEHALF OF THE ACCUSED, OR BY ORDER OF THE COURT. THE PROVISIONS IN THE ANNUAL DEPARTMENT OF JUSTICE APPROPRIATION ACTS REQUIRING REIMBURSEMENT BY THE DISTRICT OF COLUMBIA OF 60 PERCENT OF THE EXPENDITURES FOR THE OFFICES OF THE UNITED STATES ATTORNEY AND THE UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA ARE APPLICABLE TO EXPENDITURES FOR PSYCHIATRIC SERVICES RENDERED IN CRIMINAL CASES TRIED IN THE MUNICIPAL COURT OF THE DISTRICT OF COLUMBIA IN THE NAME OF THE UNITED STATES BY THE UNITED STATES ATTORNEY PURSUANT TO SECTION 101, TITLE 23, OF THE DISTRICT OF COLUMBIA CODE. THE PAYMENT OF FEES FROM APPROPRIATED FUNDS FOR SERVICES RENDERED ON BEHALF OF THE UNITED STATES, IN SEPARATE CASES, BY PSYCHIATRISTS EMPLOYED AT GALLINGER HOSPITAL DOES NOT CONSTITUTE A VIOLATION OF THE DUAL COMPENSATION STATUTES.

COMPTROLLER GENERAL WARREN TO THE ATTORNEY GENERAL, MAY 6, 1952:

REFERENCE IS MADE TO LETTER DATED FEBRUARY 21, 1952, FILE A3, FROM THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL, PRESENTING FOR DECISION SEVERAL QUESTIONS RELATING TO (1) THE PROVISIONS IN THE ANNUAL DEPARTMENT OF JUSTICE APPROPRIATION ACTS REQUIRING REIMBURSEMENT BY THE DISTRICT OF COLUMBIA OF SIXTY PERCENTUM OF THE EXPENDITURES FOR THE OFFICES OF THE UNITED STATES ATTORNEY AND THE UNITED STATES MARSHALL FOR THE DISTRICT OF COLUMBIA; (2) THE APPROPRIATION CHARGEABLE WITH PSYCHIATRIC EXPENSES IN CASES PROSECUTED BY THE UNITED STATES ATTORNEY IN THE MUNICIPAL COURT OF THE DISTRICT OF COLUMBIA; AND (3) WHETHER PAYMENTS TO PSYCHIATRISTS IN THE EMPLOY OF THE GALLINGER HOSPITAL FOR SERVICES RENDERED ON BEHALF OF THE UNITED STATES VIOLATE THE DUAL COMPENSATION LAWS.

THE SEVERAL QUESTIONS SET OUT IN GREATER DETAIL AND DISCUSSED IN THE LETTER OF FEBRUARY 21 ARE ANSWERED SERIATIM.

1. WHETHER THE DEPARTMENT OF JUSTICE SHOULD BILL THE DISTRICT OF COLUMBIA FOR SIXTY PERCENTUM OF THE EXPENDITURES DISBURSED FROM THE APPROPRIATION " SUPPORT OF UNITED STATES PRISONERS" BY THE UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA EXCLUSIVELY FOR PRISONERS CHARGED WITH FEDERAL OFFENSES PURSUANT TO ANNUALLY RECURRING PROVISIONS IN THE DEPARTMENT OF JUSTICE APPROPRIATION ACTS, AS FOLLOWS:

" SIXTY PERCENTUM OF THE EXPENDITURES FOR THE OFFICES OF THE UNITED STATES ATTORNEY AND THE UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA FROM ALL APPROPRIATIONS IN THIS TITLE SHALL BE REIMBURSED TO THE UNITED STATES FROM ANY FUNDS IN THE TREASURY OF THE UNITED STATES TO THE CREDIT OF THE DISTRICT OF COLUMBIA.'

THE LETTER OF FEBRUARY 21 STATES THAT THESE EXPENDITURES FORMERLY WERE NOT INCLUDED IN THE ADJUSTMENT VOUCHERS PROCESSED UNDER THE PROVISO REFERRED TO ABOVE BUT THAT A VOUCHER THEREFOR COVERING THE PERIOD FROM JULY 1, 1949, TO SEPTEMBER 30, 1951, WAS REJECTED BY THE AUDITOR FOR THE DISTRICT OF COLUMBIA FOR THE REASON THAT THE SUPPORT OF UNITED STATES PRISONERS IS A PROPER CHARGE AGAINST THE DEPARTMENT OF JUSTICE PURSUANT TO SECTION 6 OF THE ACT OF JUNE 27, 1946, 60 STAT. 320, CREATING A DEPARTMENT OF CORRECTIONS IN THE DISTRICT OF COLUMBIA. ALSO, THE AUDITOR URGES THAT SUCH REIMBURSABLE PROVISIONS RELATE ONLY TO APPROPRIATIONS FOR THE OFFICES OF THE UNITED STATES ATTORNEY AND THE UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA, BUT DOES NOT INCLUDE EXPENDITURES FROM DEPARTMENT- WIDE APPROPRIATIONS SUCH AS THOSE FOR THE SUPPORT OF UNITED STATES PRISONERS.

SECTION 6 OF THE CITED ACT OF JUNE 27, 1946, 60 STAT. 321, PROVIDES:

" THE COST OF THE CARE AND CUSTODY OF PERSONS CONFINED IN THE SAID INSTITUTIONS CHARGED WITH OR CONVICTED OF OFFENSES UNDER ANY LAW OF THE UNITED STATES NOT APPLICABLE EXCLUSIVELY TO THE DISTRICT OF COLUMBIA SHALL BE CHARGED AGAINST THE DEPARTMENT OR AGENCY OF THE UNITED STATES PRIMARILY RESPONSIBLE FOR THE CARE AND CUSTODY OF SUCH PERSONS IN QUARTERLY ACCOUNTS TO BE RENDERED BY THE DISBURSING OFFICER OF THE DISTRICT OF COLUMBIA. * *

THE PURPOSE AND INTENT OF THIS SECTION IS TO EXTEND TO THE DISTRICT OF COLUMBIA A PRINCIPLE AND PRACTICE LONG FOLLOWED IN COMPENSATING THE STATES AND SUBDIVISIONS THEREOF FOR THE CARE OF UNITED STATES PRISONERS DETAINED IN NON-FEDERAL INSTITUTIONS, CONGRESSIONAL RECORD DATED MAY 27, 1946, PAGES 5879-5880.

THE DIVISION OF COSTS PROVIDED IN SECTION 204 OF THE DEPARTMENT OF JUSTICE APPROPRIATION ACT, 1952, APPROVED OCTOBER 22, 1951, 65 STAT. 585, PUBLIC LAW 188, IS BASED SOLELY UPON AN ESTIMATE OF THE FEDERAL AND DISTRICT OF COLUMBIA PROPORTIONS OF THE BUSINESS HANDLED IN SUCH OFFICES. SIMILAR PROVISIONS WITH RESPECT TO THE UNITED STATES DISTRICT COURT AND THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA ARE CONTAINED IN SECTION 402 OF THE ACT. IN THIS CONNECTION, SEE HOUSE HEARINGS ON THE DEPARTMENT OF JUSTICE APPROPRIATION BILL FOR 1939, PAGES 230 AND 246-254.

SAID SECTION 204 REQUIRES REIMBURSEMENT OF SIXTY PERCENTUM OF ALL EXPENDITURES FOR THE OFFICE OF THE UNITED STATES MARSHAL FROM ALL APPROPRIATIONS TO THE DEPARTMENT OF JUSTICE CONTAINED IN THE ACT, BUT DOES NOT CONTEMPLATE EXPENDITURES MADE BY A MARSHAL FOR OTHER PURPOSES PURSUANT TO ADMINISTRATIVE DIRECTIONS. WHILE UNITED STATES MARSHALS ARE AUTHORIZED AND REQUIRED TO DISBURSE FUNDS FROM THE APPROPRIATIONS TO THE DEPARTMENT OF JUSTICE FOR THE CARE AND MAINTENANCE OF PRISONERS CHARGED WITH OR CONVICTED OF FEDERAL OFFENSES WHEN A PRISONER'S CASE HAS NOT BEEN DISPOSED OF, UNITED STATES MARSHAL'S MANUAL 706.01, AND WHEN THE PRISONER IS DETAINED IN A NON-FEDERAL INSTITUTION, ID. 501.05, SUCH CARE AND MAINTENANCE ARE UNDER THE GENERAL SUPERVISION OF THE BUREAU OF PRISONS. SECTION 1, ACT OF JUNE 25, 1948, 62 STAT. 849, 18 U.S.C. SUPP. IV, 4042. HENCE EXPENDITURES FROM THE APPROPRIATION " SUPPORT OF UNITED STATES PRISONERS" FOR SUCH PURPOSES CONSTITUTE EXPENDITURES FOR THE BUREAU OF PRISONS BY THE UNITED STATES MARSHAL AND, THEREFORE, DO NOT COME WITHIN THE SIXTY PERCENTUM REIMBURSABLE PROVISIONS IN QUESTION.

2. WOULD THE ANSWER TO QUESTION 1 ALSO APPLY TO EXPENDITURES FOR PSYCHIATRIC SERVICES RENDERED IN STRICTLY FEDERAL CASES IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNDER THE TERMS OF THE ACT OF SEPTEMBER 7, 1949, 63 STAT. 686, 18 U.S.C. 4244-4248, FOR WHICH PAYMENTS ARE BEING MADE FROM THE APPROPRIATION " SUPPORT OF UNITED STATES PRISONERS" PURSUANT TO SECTION 3 OF THAT ACT?

SECTION 1 OF THE 1949 ACT, ADDING SECTION 4244 OF TITLE 18, U.S.C. DIRECTS THE UNITED STATES ATTORNEY TO INSTITUTE PROCEEDINGS IN QUESTIONABLE CASES TO DETERMINE THE MENTAL COMPETENCY OF PERSONS CHARGED WITH OFFENSES AGAINST THE UNITED STATES AND REQUIRES EXAMINATION OF SUCH PERSONS BY AT LEAST ONE QUALIFIED PSYCHIATRIST UPON MOTION OF THE UNITED STATES ATTORNEY, OR ON BEHALF OF THE ACCUSED, OR BY THE COURT. IF THE REPORT OF SUCH EXAMINATION INDICATES INSANITY OR MENTAL INCOMPETENCY OF THE ACCUSED, THE COURT IS REQUIRED TO HOLD A HEARING "AT WHICH EVIDENCE AS TO THE MENTAL CONDITION OF THE ACCUSED MAY BE SUBMITTED, INCLUDING THAT OF THE REPORTING PSYCHIATRIST.' SECTION 3 OF THE ACT AUTHORIZES THE ATTORNEY GENERAL TO USE ANY UNEXPENDED BALANCE OF THE APPROPRIATION FOR THE " SUPPORT OF UNITED STATES PRISONERS" FOR CARRYING OUT THE ACT AND "IN PAYMENT OF ANY EXPENSES INCIDENTAL THERETO AND NOT PROVIDED FOR BY OTHER SPECIFIC APPROPRIATIONS.'

IT THUS APPEARS THAT TESTIMONY BY THE PSYCHIATRIST AT SUCH HEARINGS IS MERELY INCIDENTAL TO THEIR EXAMINATIONS AND REPORTS PREVIOUSLY FURNISHED TO THE COURT AND THAT THE COST OF SUCH EXAMINATIONS AND TESTIMONIES UNDER THE ACT ARE THEREBY MADE EXPENDITURES FOR THE OFFICE OF THE UNITED STATES ATTORNEY FOR WHICH IN THE CASE OF HEARINGS IN THE DISTRICT OF COLUMBIA, REIMBURSEMENT BY THE DISTRICT IS REQUIRED BY THE SIXTY PERCENTUM REIMBURSABLE PROVISIONS OF THE DEPARTMENT OF JUSTICE APPROPRIATIONS ACTS.

3 (A). WHETHER DEPARTMENT OF JUSTICE APPROPRIATIONS CORRECTLY ARE BEING CHARGED WITH THE COST OF PSYCHIATRIC SERVICES RENDERED IN CRIMINAL CASES TRIED IN THE MUNICIPAL COURT OF THE DISTRICT OF COLUMBIA IN THE NAME OF THE UNITED STATES BY THE UNITED STATES ATTORNEY PURSUANT TO THE PROVISIONS OF SECTION 101, TITLE 23, DISTRICT OF COLUMBIA, CODE, AS FOLLOWS:

" THE ATTORNEY FOR THE DISTRICT OF COLUMBIA SHALL BE KNOWN AS THE CORPORATION COUNSEL.

" PROSECUTIONS FOR VIOLATIONS OF ALL POLICE OR MUNICIPAL ORDINANCES OR REGULATIONS AND FOR VIOLATIONS OF ALL PENAL STATUTES IN THE NATURE OF POLICE OR MUNICIPAL REGULATIONS, WHERE THE MAXIMUM PUNISHMENT IS A FINE ONLY, OR IMPRISONMENT NOT EXCEEDING ONE YEAR, SHALL BE CONDUCTED IN THE NAME OF THE DISTRICT OF COLUMBIA AND BY THE CORPORATION COUNSEL OR HIS ASSISTANTS. ALL OTHER CRIMINAL PROSECUTIONS SHALL BE CONDUCTED IN THE NAME OF THE UNITED STATES AND BY THE ATTORNEY OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA OR HIS ASSISTANTS.'

IT IS CONTENDED IN THE LETTER OF FEBRUARY 21 THAT THE ACT OF SEPTEMBER 7, 1949, GOVERNING LUNACY PROCEEDINGS IN THE UNITED STATES DISTRICT COURTS, WAS ENACTED TO ESTABLISH ORIGINALLY A PROCEDURE FOR HANDLING SUCH MATTERS IN SAID COURTS AND THAT TRIALS IN THE MUNICIPAL COURT OF THE DISTRICT OF COLUMBIA BY THE UNITED STATES ATTORNEY IN THE NAME OF THE UNITED STATES ACTUALLY INVOLVE LOCAL CRIMES AS DISTINGUISHED FROM CRIMES AGAINST THE UNITED STATES. THE BASIC QUESTION IS PRESENTED AS TO WHETHER PAYMENT FOR PSYCHIATRIC SERVICE IN SUCH CASES IS A PROPER CHARGE AGAINST THE APPROPRIATIONS OF THE DEPARTMENT OF JUSTICE PURSUANT TO THE UNCODIFIED PROVISIONS OF SECTION 3 OF THE 1949 ACT, AS FOLLOWS:

" SEC. 3. THE ATTORNEY GENERAL MAY AUTHORIZE THE USE OF ANY UNEXPENDED BALANCE OF THE APPROPRIATION FOR " SUPPORT OF UNITED STATES PRISONERS" FOR CARRYING OUT THE PURPOSES OF TITLE 18, UNITED STATES CODE, SECTIONS 4244 TO 4248, INCLUSIVE, OR IN PAYMENT OF ANY EXPENSES INCIDENTAL THERETO AND NOT PROVIDED FOR BY OTHER SPECIFIC APPROPRIATIONS.'

WHILE CRIMINAL CHARGES AGAINST PERSONS TRIED IN THE DISTRICT OF COLUMBIA COURTS ARE BASED UPON VIOLATIONS OF THE LAWS OF THE DISTRICT, UNDER THE PROVISIONS OF SECTION 101 QUOTED ABOVE ALL SUCH VIOLATIONS PUNISHABLE BY BOTH FINE AND IMPRISONMENT OR BY IMPRISONMENT FOR MORE THAN ONE YEAR MUST BE PROSECUTED IN THE NAME OF THE UNITED STATES BY THE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA. CONSEQUENTLY, BY THE VERY TERMS OF THE STATUTE SUCH VIOLATIONS ARE PROSECUTED AS OFFENSES AGAINST THE UNITED STATES AND THE COST OF PSYCHIATRIC SERVICES INCIDENT THERETO ARE PROPERLY CHARGEABLE TO APPLICABLE APPROPRIATIONS OF THE DEPARTMENT OF JUSTICE.

(B) WOULD THE ANSWER TO QUESTION (A) ABOVE BE DIFFERENT IF, INSTEAD OF THE PSYCHIATRIC EXAMINATION OF THE ACCUSED BEING ORDERED BY THE COURT, IT WERE MADE ON MOTION OF THE UNITED STATES ATTORNEY, OR ON BEHALF OF THE ACCUSED?

THE PROVISIONS OF 18 U.S.C. 4244, AUTHORIZE SUCH EXAMINATIONS EITHER UPON MOTION OF THE UNITED STATES ATTORNEY, OR ON BEHALF OF THE ACCUSED, OR BY THE COURT, AND AS SECTION 3 OF THE 1949 ACT AUTHORIZES THE "PAYMENT OF ANY EXPENSES INCIDENTAL THERETO" FROM DEPARTMENT OF JUSTICE APPROPRIATIONS, THE SOURCE OF THE MOTION FOR THE EXAMINATION WOULD NOT AFFECT THE AVAILABILITY OF THE DEPARTMENT'S APPROPRIATIONS FOR SUCH PAYMENTS.

(C) IF THE ANSWER TO QUESTION 3 (A) ABOVE IS IN THE AFFIRMATIVE AND IN VIEW OF THE TERM "MAY AUTHORIZE" CONTAINED IN SECTION 3 OF THE 1949 ACT, IS THE APPROPRIATION FOR " SUPPORT OF UNITED STATES PROVISION EXCLUSIVELY AVAILABLE FOR SUCH PAYMENTS, OR COULD THE ATTORNEY GENERAL SPECIFY SOME OTHER DEPARTMENT OF JUSTICE APPROPRIATION FOR THIS OBJECT?

THE TERM "MAY AUTHORIZE," AS USED IN SECTION 3 OF THE 1949 ACT, IS, OF COURSE, PERMISSIVE, BUT ITS FULL MEANING HERE CAN ONLY BE GATHERED WHEN READ WITH THE LANGUAGE "THE USE OF ANY UNEXPENDED BALANCE OF THE APPROPRIATION FOR " SUPPORT OF UNITED STATES PRISONERS" " IMMEDIATELY FOLLOWING THE TERM. THE FULL AUTHORITY THUS GRANTED IS DIRECTED NOT ONLY TO THE SPECIFIC USE OF THE APPROPRIATION BUT TO "ANY UNEXPENDED BALANCE" THEREOF. THE INTENT AND PURPOSE OF THE WHOLE SECTION APPEARS TO BE THAT UNLESS OTHERWISE PROVIDED BY OTHER SPECIFIC APPROPRIATIONS, THE ATTORNEY GENERAL IS SPECIFICALLY AUTHORIZED TO USE ANY UNEXPENDED BALANCE OF THE APPROPRIATIONS FOR THE SUPPORT OF UNITED STATES PRISONERS FOR THE OBJECT SPECIFIED IN THE 1949 ACT. NO PROVISION HAS BEEN FOUND ELSEWHERE IN THE LAW AUTHORIZING THE USE OF ANY OTHER APPROPRIATIONS FOR THAT PURPOSE. ACCORDINGLY, SUCH APPROPRIATION IS SPECIFICALLY AVAILABLE FOR PSYCHIATRIC SERVICES UNDER THE 1949 ACT, TO THE EXCLUSION OF ALL OTHERS. CF. 19 COMP. GEN. 892; 20 ID. 272 AND 739; 24 ID. 807.

4. ASSUMING THAT DEPARTMENT OF JUSTICE FUNDS ARE PROPERLY CHARGEABLE WITH PSYCHIATRIC EXPENSES IN CASES TRIED IN THE MUNICIPAL COURT OF THE DISTRICT OF COLUMBIA, ARE EXPENDITURES FOR SUCH SERVICES SUBJECT TO THE REIMBURSABLE PROVISIONS OF SECTION 204 OF THE DEPARTMENT OF JUSTICE APPROPRIATION ACT, 1952, PUBLIC LAW 188, APPROVED OCTOBER 22, 1951?

SINCE THESE EXPENDITURES ARISE OUT OF STATUTORY FUNCTIONS OF UNITED STATES ATTORNEYS--- 18 U.S.C. 4244-4248 DISCUSSED IN ANSWER TO QUESTION 2- -- AND AS SECTION 3 OF THE ACT OF SEPTEMBER 7, 1949, MAKES APPROPRIATIONS TO THE DEPARTMENT OF JUSTICE AVAILABLE THEREFOR, SUCH EXPENDITURES ARE SUBJECT TO THE REIMBURSABLE PROVISIONS OF SAID SECTION 204, WHICH APPLY TO ALL EXPENDITURES OF THE OFFICES OF THE UNITED STATES ATTORNEYS FROM ALL APPROPRIATIONS IN THE DEPARTMENT OF JUSTICE APPROPRIATION ACT, 1952.

5. WHETHER OBJECTION NEED BE RAISED TO PAYMENT FOR PSYCHIATRIC SERVICES OBTAINED ON BEHALF OF THE UNITED STATES FROM PSYCHIATRISTS EMPLOYED AT GALLINGER HOSPITAL IN VIEW OF THE DUAL COMPENSATION LAWS.

SECTION 6 OF THE ACT OF MAY 10, 1916, AS AMENDED, 5 U.S.C. 58, PROVIDES:

" UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, NO MONEY APPROPRIATED BY ANY ACT SHALL BE AVAILABLE FOR PAYMENT TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM.' SECTION 1765, REVISED STATUTES, 5 U.S.C. 70, PROVIDES:

" NO OFFICER IN ANY BRANCH OF THE PUBLIC SERVICE, OR ANY OTHER PERSON WHOSE SALARY, PAY, OR EMOLUMENTS ARE FIXED BY LAW OR REGULATION, 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.'

SINCE A PERSON SERVING ON A FEE BASIS DOES NOT HOLD AN OFFICE TO WHICH COMPENSATION IS ATTACHED PAYMENT OF SUCH FEES IS NOT PROHIBITED BY SECTION 6 OF THE 1916 ACT, AS AMENDED. LIKEWISE, SECTION 1765, REVISED STATUTES, DOES NOT APPLY TO THE PAYMENT OF COMPENSATION ON A FEE BASIS WHEN THE FEES ARE PAYABLE UNDER SEPARATE AND DISTINCT EMPLOYMENTS. 16 COMP. GEN. 909, AND CASES THEREIN CITED. CONSEQUENTLY, THE PAYMENT OF FEES FROM APPROPRIATED FUNDS FOR SERVICES RENDERED ON BEHALF OF THE UNITED STATES IN SEPARATE CASES BY PSYCHIATRISTS EMPLOYED AT GALLINGER HOSPITAL DOES NOT VIOLATE THE PROVISIONS OF THE DUAL COMPENSATION STATUTES.

THE SEVERAL QUESTIONS IN THE LETTER OF FEBRUARY 21 ARE ANSWERED ACCORDINGLY.