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B-147981, DEC. 17, 1964, 44 COMP. GEN. 339

B-147981 Dec 17, 1964
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MEDICAL TREATMENT - DEPENDENTS OF MILITARY PERSONNEL - ALIENS - EXAMINATION FOR VISA PURPOSES THE FEES FOR THE MEDICAL EXAMINATION OF ALIEN DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IN CONNECTION WITH OBTAINING VISAS IS NOT A REIMBURSABLE EXPENSE. ALTHOUGH THE SECRETARIES OF THE MILITARY DEPARTMENTS MAY AUTHORIZE REIMBURSEMENT FOR THE SAME MISCELLANEOUS TRANSPORTATION EXPENSES FOR DEPENDENTS AS IS AUTHORIZED FOR MEMBERS. ABSENT EXPRESS AUTHORITY THE PHYSICAL EXAMINATION FEES CONSIDERED MEDICAL AND NOT TRANSPORTATION COSTS AND INCURRED FOR THE BENEFIT OF THE MEMBER AND HIS DEPENDENTS ARE NOT PROPER CHARGES AGAINST APPROPRIATED FUNDS. 1964: REFERENCE IS MADE TO LETTER OF OCTOBER 12.

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B-147981, DEC. 17, 1964, 44 COMP. GEN. 339

MEDICAL TREATMENT - DEPENDENTS OF MILITARY PERSONNEL - ALIENS - EXAMINATION FOR VISA PURPOSES THE FEES FOR THE MEDICAL EXAMINATION OF ALIEN DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES IN CONNECTION WITH OBTAINING VISAS IS NOT A REIMBURSABLE EXPENSE, 37 U.S.C. 406 (A) AND (C) AUTHORIZING ONLY TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE AND, ALTHOUGH THE SECRETARIES OF THE MILITARY DEPARTMENTS MAY AUTHORIZE REIMBURSEMENT FOR THE SAME MISCELLANEOUS TRANSPORTATION EXPENSES FOR DEPENDENTS AS IS AUTHORIZED FOR MEMBERS, SUCH AS PASSPORT, VISA FEES, AND PHOTOGRAPH AND BIRTH CERTIFICATE COSTS, BUT NO INCLUDING MEDICAL EXAMINATION FEES, ABSENT EXPRESS AUTHORITY THE PHYSICAL EXAMINATION FEES CONSIDERED MEDICAL AND NOT TRANSPORTATION COSTS AND INCURRED FOR THE BENEFIT OF THE MEMBER AND HIS DEPENDENTS ARE NOT PROPER CHARGES AGAINST APPROPRIATED FUNDS, AND PARAGRAPH 7002-3 OF THE JOINT TRAVEL REGULATIONS MAY NOT BE AMENDED TO AUTHORIZE THE REIMBURSEMENT OF MEDICAL EXAMINATION FEES FOR ALIEN DEPENDENTS INCIDENT TO SECURING VISAS.

TO THE SECRETARY OF THE ARMY, DECEMBER 17, 1964:

REFERENCE IS MADE TO LETTER OF OCTOBER 12, 1964, FROM THE UNDER SECRETARY OF THE ARMY REQUESTING DECISION AS TO WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO AUTHORIZE REIMBURSEMENT TO MEMBERS OF THE UNIFORMED SERVICES FOR MEDICAL EXAMINATION FEES IN CONNECTION WITH OBTAINING VISAS FOR ALIEN DEPENDENTS. THE REQUEST WAS ASSIGNED CONTROL NO. 64-34 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

AT THE PRESENT TIME PARAGRAPH 7002-3, ITEM 4, JOINT TRAVEL REGULATIONS, AUTHORIZES REIMBURSEMENT FOR DEPENDENT VISA AND PASSPORT FEES, INCLUDING COSTS OF PHOTOGRAPHS AND BIRTH CERTIFICATES REQUIRED IN CONNECTION THEREWITH, IN ACCORDANCE WITH OUR DECISION OF APRIL 30, 1962, 41 COMP. GEN. 712. HOWEVER, THE UNDER SECRETARY POINTS OUT THAT UNDER APPLICABLE STATUTORY PROVISIONS AND REGULATIONS OF THE DEPARTMENT OF STATE, ALIEN DEPENDENTS ARE REQUIRED TO UNDERGO A MEDICAL EXAMINATION BEFORE A VISA MAY BE ISSUED; THAT THE FEE IS $10 WHEN PERFORMED BY PHYSICIANS OF THE U.S. PUBLIC HEALTH SERVICE; THAT WHERE SUCH PHYSICIANS ARE NOT AVAILABLE, THE EXAMINATIONS ARE PERFORMED BY LOCAL PHYSICIANS, AND THAT SUCH MEDICAL FEES ARE IN ADDITION TO THE $25 VISA FEE. TO PROVIDE FOR REIMBURSEMENT OF THIS ADDITIONAL TRAVEL EXPENSE IT IS PROPOSED TO REVISE PARAGRAPH 7002-3 OF THE JOINT TRAVEL REGULATIONS SUBSTANTIALLY AS FOLLOWS:

3. REIMBURSABLE EXPENSES

4. PASSPORT AND VISA FEES, INCLUDING COSTS OF PHOTOGRAPHS AND BIRTH CERTIFICATES, OR OTHER ACCEPTABLE EVIDENCE OF BIRTH, AND COSTS OF MEDICAL EXAMINATIONS FOR ALIEN DEPENDENTS NOT TO EXCEED $30.00, REQUIRED IN CONNECTION THEREWITH; * * *.

THE PERTINENT STATUTE, 37 U.S.C. 406 (A) AND (C), PROVIDES THAT SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, AND FOR SUCH GRADES, RANKS, AND RATINGS, AND TO AND FROM SUCH PLACES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR THEIR DEPENDENTS, TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND AT A RATE NOT IN EXCESS OF THE RATE PRESCRIBED IN SECTION 404 (D) OF THE SAME TITLE. SUCH PROVISIONS AUTHORIZE ONLY "TRANSPORTATION" AT GOVERNMENT EXPENSE. IN THE DECISION OF APRIL 30, 1962, WE RECOGNIZED THAT IT IS WITHIN THE POWER AND DISCRETION OF THE SECRETARIES TO PRESCRIBE REGULATIONS AUTHORIZING REIMBURSEMENT TO MEMBERS FOR THE SAME MISCELLANEOUS EXPENSES OF TRANSPORTATION FOR THEIR DEPENDENTS' TRAVEL AS AUTHORIZED IN THE JOINT TRAVEL REGULATIONS FOR THEIR OWN TRAVEL, INCLUDING PASSPORT AND VISA FEES AND THE COSTS OF PHOTOGRAPHS AND BIRTH CERTIFICATES REQUIRED IN CONNECTION THEREWITH. HOWEVER, MEDICAL EXAMINATION FEES FOR MEMBERS, EVEN THOUGH INCURRED AS A CONSEQUENCE OF THE ENTRY REQUIREMENTS OF A COUNTRY TO WHICH THE MEMBERS ARE BEING SENT, ARE NOT INCLUDED AMONG SUCH MISCELLANEOUS EXPENSES. IN OUR VIEW THE COSTS OF SUCH EXAMINATIONS ARE PROPERLY TO BE REGARDED AS MEDICAL RATHER THAN TRANSPORTATION EXPENSES.

IT UNIFORMALY HAS BEEN HELD THAT IN THE ABSENCE OF EXPRESS AUTHORITY TO THE CONTRARY MEDICAL EXPENDITURES, INCLUDING THOSE FOR PHYSICAL EXAMINATIONS, ARE NOT PROPER CHARGES AGAINST APPROPRIATED FUNDS UNLESS MADE PRIMARILY FOR THE BENEFIT OF THE GOVERNMENT. SEE 2 COMP. DEC. 347; 6 ID. 447; AND 22 COMP. GEN. 32. SINCE THE PHYSICAL EXAMINATIONS IN QUESTION ARE PRIMARILY FOR THE BENEFIT OF THE MEMBER AND HIS DEPENDENTS IT MUST BE CONCLUDED THAT THE JOINT TRAVEL REGULATIONS MAY NOT PROPERLY BE AMENDED IN THE MANNER PROPOSED.

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