B-137543, DECEMBER 4, 1958, 38 COMP. GEN. 408

B-137543: Dec 4, 1958

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THERE IS NO COMPARABLE LIMITATION ON JUNIOR COLLEGE ATTENDANCE BY ADULT CIVILIAN PERSONNEL. HOSPITAL AND MEDICAL SERVICES WHICH ARE FURNISHED BY THE CANAL ZONE GOVERNMENT TO MILITARY AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE AND THEIR DEPENDENTS STATIONED IN THE CANAL ZONE MAY BE FURNISHED IN SUCH MANNER AND IN SUCH AMOUNT AS DETERMINED BY THE CANAL ZONE GOVERNMENT IN THE ABSENCE OF ANY RESTRICTION IN THE DEPARTMENT OF DEFENSE APPROPRIATIONS. 1958: REFERENCE IS MADE TO THE LETTER OF OCTOBER 1. THE APPROPRIATION OR FUND OF ANY SUCH AGENCY BEARING THE COST OF THE COMPENSATION OF THE EMPLOYEE CONCERNED IS HEREBY MADE AVAILABLE FOR SUCH REIMBURSEMENT. THE FIRST QUESTION PRESENTED FOR DECISION IS STATED AS FOLLOWS: A.

B-137543, DECEMBER 4, 1958, 38 COMP. GEN. 408

MILITARY AND CIVILIAN PERSONNEL - PANAMA CANAL - MEDICAL AND EDUCATIONAL SERVICES - REIMBURSEMENT THE RESTRICTION IN SECTION 607, DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1958, ON THE USE OF APPROPRIATIONS FOR PRIMARY AND SECONDARY EDUCATION OF DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL TO "MINOR DEPENDENTS" DOES NOT PRECLUDE THE USE OF SUCH APPROPRIATIONS TO REIMBURSE THE CANAL ZONE GOVERNMENT FOR EXPENSES FOR FURNISHING KINDERGARTEN AND JUNIOR COLLEGE EDUCATIONAL SERVICES TO MINOR DEPENDENTS OF PERSONNEL STATIONED IN THE CANAL ZONE, BUT IT DOES PRECLUDE THE USE OF FUNDS FOR JUNIOR COLLEGE EDUCATIONAL EXPENSES FURNISHED TO WIVES OF CIVILIAN OR MILITARY PERSONNEL. ALTHOUGH THE EDUCATIONAL EXPENSE LIMITATION IN SECTIONS 624 AND 623 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACTS, 1958 AND 1959, OF 75 PERCENT OF THE TUITION CHARGES FOR TRAINING MILITARY PERSONNEL PROHIBITS REIMBURSEMENT TO THE CANAL ZONE GOVERNMENT FOR EDUCATION SERVICES FOR MILITARY PERSONNEL IN EXCESS OF THAT LIMITATION, THERE IS NO COMPARABLE LIMITATION ON JUNIOR COLLEGE ATTENDANCE BY ADULT CIVILIAN PERSONNEL; THEREFORE, REIMBURSEMENT MAY BE MADE FOR CIVILIAN PERSONNEL TRAINING UNDER SPECIAL CONTRACT WITH THE CANAL ZONE GOVERNMENT WITHOUT REGARD TO THE LIMITATION. HOSPITAL AND MEDICAL SERVICES WHICH ARE FURNISHED BY THE CANAL ZONE GOVERNMENT TO MILITARY AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE AND THEIR DEPENDENTS STATIONED IN THE CANAL ZONE MAY BE FURNISHED IN SUCH MANNER AND IN SUCH AMOUNT AS DETERMINED BY THE CANAL ZONE GOVERNMENT IN THE ABSENCE OF ANY RESTRICTION IN THE DEPARTMENT OF DEFENSE APPROPRIATIONS.

TO THE SECRETARY OF THE ARMY, DECEMBER 4, 1958:

REFERENCE IS MADE TO THE LETTER OF OCTOBER 1, 1958, FROM THE ASSISTANT SECRETARY OF THE ARMY ( FM) REQUESTING OUR DECISION ON SEVERAL QUESTIONS CONCERNING THE PROPER APPLICATION OF SECTION 105, CIVIL FUNCTIONS APPROPRIATION ACT, 1954, 67 STAT. 202, AS AMENDED BY SECTION 107 OF THE CIVIL FUNCTIONS APPROPRIATION ACT, 1955, 68 STAT. 335.

SECTION 105, AS AMENDED, READS, IN PERTINENT PART, AS FOLLOWS:

* * * AMOUNTS EXPENDED BY THE CANAL ZONE GOVERNMENT FOR FURNISHING EDUCATION AND HOSPITAL AND MEDICAL CARE TO EMPLOYEES OF AGENCIES OF THE UNITED STATES AND THEIR DEPENDENTS * * * LESS AMOUNTS PAYABLE BY SUCH EMPLOYEES AND THEIR DEPENDENTS HEREAFTER SHALL, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, BE FULLY REIMBURSABLE TO THE CANAL ZONE GOVERNMENT BY SUCH AGENCIES. THE APPROPRIATION OR FUND OF ANY SUCH AGENCY BEARING THE COST OF THE COMPENSATION OF THE EMPLOYEE CONCERNED IS HEREBY MADE AVAILABLE FOR SUCH REIMBURSEMENT.

THE FIRST QUESTION PRESENTED FOR DECISION IS STATED AS FOLLOWS:

A. WHETHER THE DOD IS REQUIRED TO REIMBURSE THE CANAL ZONEGOVERNMENT FOR EXPENSES INCURRED IN FURNISHING KINDERGARTEN AND JUNIOR COLLEGE EDUCATIONAL SERVICES TO DEPENDENTS OF DOD PERSONNEL IN EXCESS OF THE CHARGES PAID BY SUCH INDIVIDUALS TO THE CANAL ZONE, WHEN SUCH SCHOOLING IS NOT AUTHORIZED BY LAWS AND REGULATIONS GOVERNING THE DOD NOR FURNISHED AT ITS REQUEST?

WE HAVE PREVIOUSLY HELD THAT THE ABOVE PROVISIONS OF LAW REQUIRE REIMBURSEMENT TO THE CANAL ZONE GOVERNMENT FOR EXPENSES INCURRED IN FURNISHING MEDICAL AND EDUCATIONAL SERVICES (INCLUDING KINDERGARTEN AND JUNIOR COLLEGE) TO EMPLOYEES AND MILITARY PERSONNEL OF THE VARIOUS AGENCIES AND THEIR DEPENDENTS INCLUDING THEIR WIVES. SEE B-124786, JANUARY 18 AND DECEMBER 31, 1956.

IT IS STATED, HOWEVER, THAT QUESTION NOW ARISES AS A RESULT OF THE LANGUAGE CONTAINED IN SECTION 607 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1958, 71 STAT. 323, WHICH DIFFERS SLIGHTLY FROM SIMILAR LANGUAGE WHICH HAS APPEARED IN ANNUAL DEPARTMENT OF DEFENSE APPROPRIATION ACTS IN RECENT YEARS IN THAT THE WORD "MINOR" HAS BEEN INSERTED THEREIN.

THE SAID SECTION 607 READS, IN PERTINENT PART, AS FOLLOWS:

APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE CURRENT FISCAL YEAR SHALL BE AVAILABLE * * * FOR PRIMARY AND SECONDARY SCHOOLING FOR MINOR DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE RESIDING ON MILITARY OR NAVAL INSTALLATIONS OR STATIONED IN FOREIGN COUNTRIES, AS AUTHORIZED FOR THE NAVY BY SECTION 7204 OF TITLE 10, U.S.C. IN AMOUNTS NOT EXCEEDING AN AVERAGE OF $245 PER STUDENT, WHEN THE SECRETARY OF THE DEPARTMENT CONCERNED FINDS THAT SCHOOLS, IF ANY, AVAILABLE IN THE LOCALITY, ARE UNABLE TO PROVIDE ADEQUATELY FOR THE EDUCATION OF SUCH DEPENDENTS. ( ITALICS SUPPLIED.)

AN EXAMINATION OF THE LEGISLATIVE HISTORY RELATING TO THIS CHANGE IN LANGUAGE DISCLOSES THAT THE TWO DECISIONS REFERRED TO ABOVE AND THE LEGAL BASIS FOR REIMBURSEMENT TO THE CANAL ZONE GOVERNMENT FOR EDUCATIONAL SERVICES WERE DISCUSSED AT SOME LENGTH BEFORE THE SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, WHEN HEARINGS WERE HELD ON THE DEPARTMENT OF THE ARMY APPROPRIATIONS FOR 1958. SEE PAGES 915 -922, 1454-1462, AND 1467-1468 OF THOSE HEARINGS. SEE ALSO PAGE 22 OF HOUSE REPORT NO. 471, 85TH CONGRESS, WHICH ACCOMPANIED THE APPROPRIATION BILL WHERE, IN REFERENCE TO SECTION 607, IT IS STATED THAT "THIS SECTION IS AMENDED TO INCLUDE THE WORD "MINOR.'" REPORTS REACHING THE COMMITTEE INDICATED SOME ABUSE OF THE PROVISION IN THAT A TOO LITERAL INTERPRETATION WAS BEING PLACED ON THE WORD "DEPENDENTS.'

SUBSEQUENTLY IN DISCUSSION ON THE HOUSE FLOOR THE CONFERENCE REPORT ON THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1958, THE CHAIRMAN OF THE DEPARTMENT OF DEFENSE SUBCOMMITTEE OF THE HOUSE COMMITTEE ON APPROPRIATIONS, EXPLAINED THE PURPOSE OF THE CHANGED LANGUAGE AS FOLLOWS:

I WOULD ALSO LIKE TO CALL ATTENTION TO A CHANGE TO SECTION 607 OF THE DEFENSE APPROPRIATION ACT WHICH WAS ORIGINALLY INCLUDED IN THE BILL AS REPORTED BY THE HOUSE COMMITTEE. THIS CHANGE, WHICH WOULD PROVIDED FOR THE INSERTION OF THE WORD "MINOR" BEFORE THE WORD "DEPENDENTS," WAS DESIGNED TO INSURE THAT NONE OF THE FUNDS APPROPRIATED TO THE DEFENSE DEPARTMENT COULD BE USED FOR THE COST OF EDUCATING MINOR DEPENDENTS OTHER THAN THE MINOR CHILDREN UNDER THE AGE OF 21, NOTWITHSTANDING ANY INTERPRETATIVE DECISIONS OF THE COMPTROLLER GENERAL. THE COMMITTEE WISHES TO EMPHASIZE THAT THIS PROVISION NOW AUTHORIZES THE USE OF DEFENSE APPROPRIATIONS ONLY FOR THE COST OF EDUCATING MINOR CHILDREN AND HEREAFTER FUNDS MAY NOT BE USED TO REIMBURSE EDUCATIONAL INSTITUTIONS INCLUDING THOSE MAINTAINED BY OTHER FEDERAL AGENCIES--- SUCH AS THE PANAMA CANAL--- FOR THE COST OF EDUCATING ANY DEPENDENTS OTHER THAN MINOR CHILDREN.

SEE VOL. 103 CONGRESSIONAL RECORD 12577.

THIS SAME MATTER AGAIN CAME UP FOR DISCUSSION DURING THE HOUSE HEARINGS ON THE DEPARTMENT OF DEFENSE APPROPRIATIONS FOR 1959. SEE PAGE 674 WHEREIN IS RECORDED THE FOLLOWING COLLOQUY.

MR. FORD. LAST YEAR WE HAD SOME DISCUSSION IN THE COMMITTEE AND I BELIEVE THE LEGISLATION WAS CHANGED IN REFERENCE TO THE EDUCATION PROGRAM FOR DEPENDENTS IN THE PANAMA CANAL ZONE.

COLONEL HIXSON. THAT IS CORRECT, SIR.

MR. FORD. WHAT HAS HAPPENED?

COLONEL HIXSON. IN SECTION 607 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 85TH CONGRESS, THERE WAS AN INSERTION OF THE WORDS "TO PAY THE COSTS OF EDUCATION OF MINOR DEPENDENTS.' THE PANAMA CANAL GOVERNMENT WAS ADVISED OF THIS CHANGE. PREVIOUSLY, AS YOU RECALL, THERE WAS SOME QUESTION AS TO THE PAYMENT OF EDUCATION CHARGES FOR ADULTS.

MR. MILLER. SUCH AS GRANDMOTHERS TAKING SPANISH, AND SO FORTH.

COLONEL HIXSON. THAT IS CORRECT, SIR. IT IS ONLY FOR DEPENDENTS UNDER AGE 21 IN ACCORDANCE WITH THE CURRENT DIRECTIVES TO THE COMMAND.

MR. FORD. HAS THAT CHANGE IN LANGUAGE REMEDIED THE PROBLEM THAT WAS BEFORE THIS COMMITTEE LAST YEAR?

COLONEL HIXSON. ACCORDING TO THE INFORMATION THE DEPARTMENT OF THE ARMY HAS, IT HAS CORRECTED THAT SITUATION, SIR.

MR. FORD. WHAT ABOUT THE SUPPORT OF CHILDREN OR STUDENTS GOING TO THE JUNIOR COLLEGE DOWN THERE?

COLONEL HIXSON. IT IS NOT CHANGED OVER THE PREVIOUS YEAR. OUR INTERPRETATION OF IT IS THAT IF THE CHILD IS UNDER 21, HE IS ENTITLED, IN ACCORDANCE WITH SECTION 107 OF THE CIVIL FUNCTIONS APPROPRIATION ACT, TO ATTEND JUNIOR COLLEGE.

MR. FORD. THE WORLDWIDE LIMITATION OF $245, IS IT STILL IN EFFECT?

COLONEL HIXSON. IT APPLIES TO PANAMA; YES, SIR.

MR. FORD. BUT NOT HERETOFORE?

COLONEL HIXSON. THAT IS CORRECT, BUT DOES FOR THIS CURRENT YEAR.

WHILE THE APPARENT INTENT BY THE CONGRESS WAS TO RESTRICT THE USE OF DEPARTMENT OF DEFENSE APPROPRIATIONS TO COVER EDUCATION OF DEPENDENTS UNDER 21, WE FIND NO CLEAR EXPRESSION OF INTENT THAT FUNDS AVAILABLE TO YOUR DEPARTMENT FOR EDUCATION OF DEPENDENTS MAY NOT BE USED TO PAY OTHERWISE PROPER CHARGES FOR KINDERGARTEN AND JUNIOR COLLEGE TO THE CANAL ZONE GOVERNMENT INSOFAR AS SUCH CHARGES RELATE TO MINOR CHILDREN. WHERE MINOR DEPENDENTS ARE OTHERWISE ELIGIBLE TO ATTEND KINDERGARTEN AND JUNIOR COLLEGE IN THE CANAL ZONE THE REGULATORY RESTRICTION IN, FOR EXAMPLE, DEPARTMENT OF THE ARMY REGULATIONS, LIMITING SCHOOLING TO PRIMARY AND SECONDARY CLASSES IS NOT FOR APPLICATION. THE QUESTION IS ANSWERED ACCORDINGLY.

THE SECOND AND THIRD QUESTIONS ARE STATED AS FOLLOWS:

B. WHETHER THE DOD IS REQUIRED TO REIMBURSE THE CANAL ZONE GOVERNMENT FOR THE EXPENSES INCURRED, ABOVE THOSE PAID BY THE INDIVIDUALS, IN FURNISHING JUNIOR COLLEGE SERVICES TO ADULT PERSONS WHO ARE CIVILIAN OR MILITARY PERSONNEL OF THE DOD OR THEIR WIVES, WHICH SERVICES HAVE NOT BEEN REQUESTED BY THE DOD AND ARE FURNISHED WITHOUT ITS KNOWLEDGE AND CONSENT?

C. WHETHER THE DOD IS REQUIRED TO REIMBURSE THE CANAL ZONE GOVERNMENT (UNDER SECTION 107, SUPRA) FOR THE EXPENSES OF THE JUNIOR COLLEGE EDUCATION OF MILITARY PERSONNEL, ABOVE THE AMOUNT OF 75 PERCENT OF THE COST AS LIMITED BY SECTION 624, SUPRA, WHEN SUCH TRAINING IS FURNISHED BY SPECIAL CONTRACT WITH THE CANAL ZONE GOVERNMENT CALLING FOR THE 75 PERCENT PAYMENT?

IN VIEW OF OUR ANSWER ABOVE TO THE FIRST QUESTION IT NECESSARILY FOLLOWS THAT FUNDS APPROPRIATED TO YOUR DEPARTMENT ARE NOT NOW AVAILABLE TO REIMBURSE THE CANAL ZONE GOVERNMENT FOR JUNIOR COLLEGE EDUCATIONAL SERVICES FURNISHED WIVES OF CIVILIAN OR MILITARY PERSONNEL OF YOUR DEPARTMENT.

SECTION 105 OF THE CIVIL FUNCTIONS APPROPRIATION ACT, 1954, AS AMENDED BY SECTION 107, JUNE 30,1954, 68 STAT. 335, MADE THE FUNDS OF YOUR DEPARTMENT AVAILABLE TO REIMBURSE THE CANAL ZONE GOVERNMENT FOR EDUCATIONAL SERVICES FURNISHED CIVILIAN AND MILITARY PERSONNEL OF YOUR DEPARTMENT. CONSEQUENTLY, UNLESS APPROPRIATIONS FOR YOUR DEPARTMENT ARE OTHERWISE RESTRICTED THEY REMAIN AVAILABLE FOR SUCH PURPOSE EVEN THOUGH THE SERVICES MAY HAVE BEEN FURNISHED WITHOUT THE KNOWLEDGE OR CONSENT OF YOUR DEPARTMENT. IN THIS CONNECTION, SECTION 624 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1957, 70 STAT. 471, (REFERRED TO IN YOUR THIRD QUESTION AND WHICH FIRST APPEARED IN ITS PRESENT FORM IN SECTION 730 OF YOUR APPROPRIATION ACT FOR THE FISCAL YEAR 1955, DATED JUNE 30, 1954, 68 STAT. 355), READS AS FOLLOWS:

NO APPROPRIATION CONTAINED IN THIS ACT SHALL BE AVAILABLE FOR THE PAYMENT OF MORE THAN 75 PER CENTUM OF CHARGES OF EDUCATIONAL INSTITUTIONS FOR TUITION OR EXPENSES FOR OFF-DUTY TRAINING OF MILITARY PERSONNEL, NOR FOR THE PAYMENT ANY PART OF TUITION OR EXPENSES FOR SUCH TRAINING FOR COMMISSIONED PERSONNEL WHO DO NOT AGREE TO REMAIN ON ACTIVE DUTY FOR TWO YEARS AFTER COMPLETION OF SUCH TRAINING.

IDENTICAL LANGUAGE IS CONTAINED IN SECTIONS 624 AND 623 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACTS, 1958 AND 1959, 71 STAT. 327 AND 72 STAT. 727, RESPECTIVELY.

IN VIEW OF THE LANGUAGE OF THE ABOVE APPROPRIATION PROVISIONS FOR THE DEPARTMENT OF DEFENSE, WE HOLD THAT THE AMOUNT THAT MAY BE REIMBURSED TO THE CANAL ZONE GOVERNMENT FOR EDUCATIONAL SERVICES FURNISHED MILITARY PERSONNEL, AS REFLECTED BY THE BILLINGS SUBMITTED HERE COVERING MILITARY PERSONNEL ATTENDANCE AT THE CANAL ZONE GOVERNMENT'S JUNIOR COLLEGE DURING THE FISCAL YEAR 1957, MAY NOT EXCEED 75 PER CENTUM OF THE TUITION CHARGES.

IT IS OUR OPINION ALSO THAT THAT THE SECTION 624 PROVISION OF LAW, DISCUSSED ABOVE IS NOT SUCH THAT THOSE PERSONS OTHERWISE QUALIFIED MAY DEMAND PAYMENT OF TUITION CHARGES ON THEIR BEHALF AS A MATTER OF RIGHT. THE PROVISIONS EVINCE AN INTENTION BY THE CONGRESS THAT THE INCURRING OF OBLIGATIONS TO PAY SUCH CHARGES ON BEHALF OF QUALIFIED PERSONNEL IS A MATTER FOR CONTROL BY YOUR DEPARTMENT SO THAT CONSENT TO PAY SUCH CHARGES PROPERLY MAY BE WITHHELD UNLESS INCURRED IN ACCORDANCE WITH SUCH CONDITIONS AS MAY BE ADMINISTRATIVELY PRESCRIBED.

CONCERNING CHARGES FOR JUNIOR COLLEGE ATTENDANCE BY ADULT CIVILIAN PERSONNEL WE FIND NO SIMILAR RESTRICTION. THEREFORE AS TO THE ADULT CIVILIANS YOUR SECOND QUESTION IS ANSWERED IN THE AFFIRMATIVE.

QUESTIONS B AND C ARE ANSWERED ACCORDINGLY.

THE FINAL QUESTION PRESENTED IS STATED AS FOLLOWS:

D. WHETHER THE MEDICAL SERVICES RENDERED BY THE CANAL ZONE GOVERNMENT TO PERSONNEL OF THE DOD SHALL BE IN CONFORMANCE WITH THE LAWS AND REGULATIONS GOVERNING MEDICAL CARE OF DOD PERSONNEL AND THEIR DEPENDENTS, OR SHALL BE RENDERED TO SUCH INDIVIDUALS AND IN SUCH QUANTUM AS DETERMINED BY THE CANAL ZONE GOVERNMENT?

CONCERNING THIS MATTER IT IS STATED THAT---

AT THE PRESENT TIME, FOR EMPLOYEES OF APPROPRIATED FUNDS, ALL MEDICAL SERVICES RENDERED BY THE CANAL ZONE GOVERNMENT ARE BASED UPON THE WRITTEN REQUEST OF THE ARMED FORCES. SUCH PROCEDURE IS NECESSARY SO THAT MEDICAL CARE MAY BE CONTROLLED FOR RECORD PURPOSES, FOR BUDGETARY PURPOSES, TO PREVENT ABUSE OF SUCH PRIVILEGES, AND FOR MANIFOLD OTHER PURPOSES. ONE OF THE OTHER PURPOSES FOR CONTROLLING SUCH CARE IS THAT ARMY REGULATIONS (SEE C 1, AR 40-505, 5 APRIL 55) (NOW AR 40-101) LIMITS THOSE DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL WHO MAY RECEIVE MEDICAL CARE FROM THE CANAL ZONE GOVERNMENT FROM APPROPRIATED FUNDS.

WE PERCEIVE NO OBJECTION TO THE ADMINISTRATIVE CONTROLS REFERRED TO ABOVE INSOFAR AS THEY DO NOT PRECLUDE PERSONS AUTHORIZED BY LAW TO RECEIVE HOSPITAL AND MEDICAL SERVICES FROM THE CANAL ZONE GOVERNMENT, AT RATES PRESCRIBED BY THAT GOVERNMENT, FROM BEING FURNISHED SUCH SERVICES.

THE MATTER IS SOMEWHAT SIMILAR TO THAT CONSIDERED IN DECISION APPEARING AT 34 COMP. GEN. 510. IN THAT CASE THE SECRETARY OF COMMERCE ASKED WHETHER THE CIVIL AERONAUTICS ADMINISTRATION MAY DETERMINE THAT EMPLOYEES OF THE ADMINISTRATION WHO ARE FURNISHED EDUCATION, HOSPITAL AND MEDICAL SERVICES FOR THEMSELVES AND DEPENDENTS BY THE CANAL ZONE GOVERNMENT SHALL PAY ALL OF THE COST INCURRED, OR A HIGHER AMOUNT THAN THAT CHARGED THEM BY THE CANAL ZONE GOVERNMENT, WITH THE ADMINISTRATION'S SHARE BEING CORRESPONDINGLY REDUCED. AFTER REVIEWING THE LEGISLATIVE HISTORY OF SECTION 105 OF THE CIVIL FUNCTIONS APPROPRIATION ACT, 1954, AS AMENDED, WE STATED---

IN VIEW OF THE CLEAR PROVISIONS OF THE STATUTE AND THE ABOVE EXPLANATION, IT IS OUR VIEW THAT THE CONGRESS CLEARLY INTENDED THAT EMPLOYEES OF THE VARIOUS DEPARTMENTS AND AGENCIES EMPLOYED IN THE CANAL ZONE SHALL BE REQUIRED TO PAY ONLY THE CHARGES ESTABLISHED FOR EDUCATION AND MEDICAL SERVICES BY THE CANAL ZONE GOVERNMENT, AND THAT ALL OF THE COSTS OF SUCH SERVICES NOT SO RECOVERED MUST BE BORNE BY THE EMPLOYING AGENCY INVOLVED. ACCORDINGLY, THE CIVIL AERONAUTICS ADMINISTRATION, IN OUR OPINION, HAS NO DISCRETION AS TO THE AMOUNT OF THE CHARGES ITS EMPLOYEES ARE REQUIRED TO PAY.

AS PREVIOUSLY INDICATED, UNLESS SUBSEQUENTLY RESTRICTED, APPROPRIATIONS FOR THE VARIOUS AGENCIES WERE MADE AVAILABLE FOR REIMBURSING THE CANAL ZONE GOVERNMENT FOR ANY UNRECOVERED COSTS OF HOSPITAL AND MEDICAL SERVICES FURNISHED TO CIVILIAN EMPLOYEES AND MILITARY PERSONNEL AND THEIR DEPENDENTS BY VIRTUE OF SECTION 105 OF THE CIVIL FUNCTIONS APPROPRIATION ACT, 1954, AS AMENDED. WE HAVE FOUND NOTHING IN SUBSEQUENT LEGISLATION, INSOFAR AS YOUR DEPARTMENT IS CONCERNED, AND NOTHING HAS BEEN CALLED TO OUR ATTENTION, WHICH RESTRICTS THE USE OF YOUR APPROPRIATIONS FOR THIS PURPOSE.

CONSEQUENTLY, IN REPLY TO YOUR FINAL QUESTION OUR VIEW IS THAT HOSPITAL OR MEDICAL SERVICES MAY BE FURNISHED BY THE CANAL ZONE GOVERNMENT TO PERSONNEL OF YOUR DEPARTMENT AND THEIR DEPENDENTS AND IN SUCH QUANTUM AS DETERMINED BY THE CANAL ZONE GOVERNMENT.