B-48808, MAY 4, 1945, 24 COMP. GEN. 796

B-48808: May 4, 1945

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IS INAPPLICABLE TO GALLINGER MUNICIPAL HOSPITAL. WHICH IS AN INSTRUMENTALITY OF THE DISTRICT OF COLUMBIA AND NOT A FEDERAL INSTITUTION OPERATED WITH FEDERAL FUNDS WITHIN THE MEANING OF SAID DECISION. AS FOLLOWS: THE CAPITAL CITY SCHOOL OF NURSING OF GALLINGER MUNICIPAL HOSPITAL IS DESIROUS OF ASCERTAINING WHETHER OR NOT IT IS ENTITLED TO FUNDS FROM THE UNITED STATES PUBLIC HEALTH SERVICE FOR CADET NURSES UNDER THE BOLTON ACT. WAS RECEIVED BY THE DEPUTY SUPERINTENDENT OF GALLINGER MUNICIPAL HOSPITAL: " DEAR MR. HAVE BEEN RECEIVED. "WE HAVE BEEN ADVISED THAT SINCE YOUR HOSPITAL IS FEDERALLY OPERATED AND RECEIVES ITS FUNDS FROM THE U.S. " IS MADE AVAILABLE FOR TRANSFER TO AND CONSOLIDATION WITH YOUR APPROPRIATION.

B-48808, MAY 4, 1945, 24 COMP. GEN. 796

FEDERAL ALLOTMENTS FOR NURSE TRAINING - ELIGIBILITY OF GALLINGER MUNICIPAL HOSPITAL THE HOLDING IN DECISION OF MARCH 18, 1944, 23 COMP. GEN. 694, TO THE EFFECT THAT FEDERAL INSTITUTIONS OPERATED WITH APPROPRIATED MONEYS MAY NOT BE ALLOTTED FUNDS APPROPRIATED TO CARRY OUT THE NURSE TRAINING PROGRAM AUTHORIZED BY THE ACT OF JUNE 15, 1943, AS AMENDED, IS INAPPLICABLE TO GALLINGER MUNICIPAL HOSPITAL, WHICH IS AN INSTRUMENTALITY OF THE DISTRICT OF COLUMBIA AND NOT A FEDERAL INSTITUTION OPERATED WITH FEDERAL FUNDS WITHIN THE MEANING OF SAID DECISION.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, MAY 4, 1945:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MARCH 29, 1945, AS FOLLOWS:

THE CAPITAL CITY SCHOOL OF NURSING OF GALLINGER MUNICIPAL HOSPITAL IS DESIROUS OF ASCERTAINING WHETHER OR NOT IT IS ENTITLED TO FUNDS FROM THE UNITED STATES PUBLIC HEALTH SERVICE FOR CADET NURSES UNDER THE BOLTON ACT.

THE FOLLOWING LETTER, DATED NOVEMBER 3, 1944, FROM THE FEDERAL SECURITY AGENCY OF THE UNITED STATES PUBLIC HEALTH SERVICE, BETHESDA STATION, WASHINGTON 14, D.C., WAS RECEIVED BY THE DEPUTY SUPERINTENDENT OF GALLINGER MUNICIPAL HOSPITAL:

" DEAR MR. BARKER: YOUR LETTERS OF OCTOBER 20 AND 27, 1944, HAVE BEEN RECEIVED.

"WE HAVE BEEN ADVISED THAT SINCE YOUR HOSPITAL IS FEDERALLY OPERATED AND RECEIVES ITS FUNDS FROM THE U.S. GOVERNMENT, BY CONGRESSIONAL APPROPRIATION, IT MAY NOT BE APPROVED FOR PARTICIPATION UNLESS THE APPROPRIATION "TRAINING FOR NURSES, PUBLIC HEALTH SERVICE, NATIONAL DEFENSE," IS MADE AVAILABLE FOR TRANSFER TO AND CONSOLIDATION WITH YOUR APPROPRIATION.

"THIS AVAILABILITY CAN BE OBTAINED BY AN AMENDMENT TO OUR APPROPRIATION ACT.

"SHOULD THE BOARD OF COMMISSIONERS OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA DESIRE PARTICIPATION OF GALLINGER IN THE U.S. CADET NURSE CORPS PROGRAM, A REQUEST THEREFOR SHOULD BE PRESENTED BY THE BOARD IN ACCORDANCE WITH THE ESTABLISHED PROCEDURES UNDERLYING SUCH REQUESTS.'

ATTENTION HAS BEEN CALLED TO YOUR OPINION B-39432 OF MARCH 18, 1944, CONCERNING THE APPLICATION OF FUNDS UNDER THE BOLTON ACT FOR THE NURSING SCHOOL OF SAINT ELIZABETHS HOSPITAL.

THIS OPINION WAS BASED UPON THE VIEW THAT A GRANT OF FUNDS TO A FEDERAL INSTITUTION IS NOT AUTHORIZED BY THE BOLTON ACT. GALLINGER HOSPITAL IS NOT SUCH AN INSTITUTION. THE FUNDS FOR ITS MAINTENANCE COME FROM FUNDS DEPOSITED IN THE TREASURY TO THE CREDIT OF THE DISTRICT OF COLUMBIA.

IN VIEW OF THE FACT THAT THERE IS A DENIAL ON THE PART OF A GOVERNMENT AGENCY OF THE REQUEST BY THE DISTRICT OF COLUMBIA, IT IS RESPECTFULLY REQUESTED THAT AN INTERPRETATION AS TO THE USE OF FUNDS UNDER THE BOLTON ACT AS IT APPLIES TO THE GALLINGER MUNICIPAL HOSPITAL BE FURNISHED BY YOUR OFFICE.

IT IS NOTED THAT THE APPROPRIATION "TRAINING FOR NURSES (NATIONAL DEFENSE)" INCLUDED IN THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1945, 58 STAT. 557, PUBLIC LAW 373, 78TH CONGRESS, CONTAINS THE FOLLOWING PROVISO:

* * * PROVIDED, THAT THIS APPROPRIATION IS HEREBY MADE AVAILABLE FOR TRANSFER TO AND CONSOLIDATION WITH APPROPRIATIONS OF SAINT ELIZABETHS AND FREEDMEN'S HOSPITALS, IN SUCH AMOUNTS AS MAY BE DEEMED NECESSARY BY THE FEDERAL SECURITY ADMINISTRATOR, TO COVER THE COST OF ITEMS FURNISHED TO STUDENT NURSES OF JUNE 15, 1943 ( PUBLIC LAW 74), AS AMENDED. PRESUMABLY, INCLUSION OF GALLINGER HOSPITAL IN THE SAID PROVISO IS SUGGESTED IN THE LETTER OF NOVEMBER 3, 1944, FROM THE FEDERAL SECURITY AGENCY, QUOTED IN YOUR LETTER, AS A PREREQUISITE TO PARTICIPATION OF GALLINGER HOSPITAL IN THE NURSES' TRAINING PROGRAM UNDER THE BOLTON ACT.

AS SUGGESTED IN THE PENULTIMATE PARAGRAPH OF YOUR ABOVE-QUOTED LETTER, THE DECISION OF MARCH 18, 1944, B-39432 (23 COMP. GEN. 694), ADDRESSED TO THE FEDERAL SECURITY ADMINISTRATOR WITH REFERENCE TO SAINT ELIZABETHS HOSPITAL, WAS, IN SUBSTANCE, THAT FUNDS APPROPRIATED BY THE BOLTON ACT, 57 STAT. 153, MAY NOT BE ALLOTTED TO FEDERAL INSTITUTIONS OPERATED WITH APPROPRIATED MONEYS. IN SAID DECISION, THERE WAS EXPRESSED THE UNDERSTANDING "THAT ST. ELIZABETHS HOSPITAL OPERATES A SCHOOL OF NURSING THROUGH USE OF APPROPRIATED FUNDS AND THAT STUDENT NURSES OR TRAINEES IN SUCH SCHOOL ARE EMPLOYEES OF THE UNITED STATES OBTAINED AND APPOINTED UNDER REGULAR CIVIL SERVICE PROCEDURES; " AND IT WAS STATED FURTHER:

* * * OBVIOUSLY, THERE WOULD BE NO REASON, NEED OR SOUND BASIS FOR PAYING A FEDERAL HOSPITAL, OPERATED WITH APPROPRIATED MONEYS,"TUITION AND FEES" FOR TRAINING STUDENT NURSES. IN PRACTICAL EFFECT, AN ALLOTMENT OF FUNDS UNDER THE ACT HERE INVOLVED TO ST. ELIZABETHS HOSPITAL WOULD SIMPLY AMOUNT TO AN AUGMENTATION OF THE APPROPRIATION MADE FOR MAINTAINING AND OPERATING THE NURSING SCHOOL THEREIN.

GALLINGER HOSPITAL, UNLIKE SAINT ELIZABETHS HOSPITAL AND FREEDMEN'S HOSPITAL, IS AN INSTRUMENTALITY OF THE DISTRICT OF COLUMBIA AND NOT A FEDERAL INSTITUTION. ITS OFFICIAL DESIGNATION IS " GALLINGER MUNICIPAL HOSPITAL" AND IT IS UNDER THE "COMPLETE AND EXCLUSIVE CONTROL AND MANAGEMENT" OF THE DISTRICT OF COLUMBIA BOARD OF PUBLIC WELFARE. SEE SECTION 3-106, TITLE 3, OF THE DISTRICT OF COLUMBIA CODE, 1940 EDITION.

IT LONG HAS BEEN RECOGNIZED THAT, EXCEPT AS OTHERWISE PROVIDED IN PARTICULAR STATUTES, THE DISTRICT OF COLUMBIA IS A MUNICIPAL CORPORATION WITH ITS OWN POWERS AND FUNCTIONS, ITS OWN FUNDS AND ITS OWN OBLIGATIONS AND LIABILITIES, SEPARATE AND DISTINCT FROM THOSE OF THE FEDERAL GOVERNMENT. SEE BARNES V. DISTRICT OF COLUMBIA, 91 U.S. 540; METROPOLITAN RAILROAD COMPANY V. DISTRICT OF COLUMBIA, 132 U.S. 1; DISTRICT OF COLUMBIA V. WOODBURY, 136 U.S. 450; 1 COMP. GEN. 451; 10 ID. 524; 19 ID. 16. THE ACT OF JUNE 11, 1878, 20 STAT. 102, PROVIDES FOR A PERMANENT FORM OF GOVERNMENT FOR THE DISTRICT OF COLUMBIA AND DIRECTS THAT IT "SHALL REMAIN AND CONTINUE A MUNICIPAL CORPORATION, AS PROVIDED IN SECTION TWO OF THE REVISED STATUTES RELATING TO SAID DISTRICT, AND THE COMMISSIONERS HEREIN PROVIDED FOR SHALL BE DEEMED AND TAKEN AS OFFICERS OF SUCH CORPORATION.' SECTION 1-102, TITLE 1, DISTRICT OF COLUMBIA CODE, 1940 EDITION, PROVIDES AS FOLLOWS:

THE DISTRICT IS CREATED A GOVERNMENT BY THE NAME OF THE " DISTRICT OF COLUMBIA," BY WHICH NAME IT IS CONSTITUTED A BODY-CORPORATE FOR MUNICIPAL PURPOSES, AND MAY CONTRACT AND BE CONTRACTED WITH, SUE AND BE SUED, PLEAD AND BE IMPLEADED, HAVE A SEAL, AND EXERCISE ALL OTHER POWERS OF A MUNICIPAL CORPORATION NOT INCONSISTENT WITH THE CONSTITUTION AND LAWS OF THE UNITED STATES AND THE PROVISIONS OF THIS CODE.

IN DISTRICT OF COLUMBIA V. WOODBURY, 136 U.S. 450, SUPRA, THE COURT SAID:

* * * THAT STREETS, AVENUES, PAVEMENTS, SIDEWALKS AND SEWERS IN WASHINGTON ARE ESTABLISHED, REPAIRED AND MAINTAINED, IN PART, BY APPROPRIATIONS MADE BY CONGRESS, AND, IN PART, BY TAXATION UPON PRIVATE PROPERTY, DOES NOT CHANGE THE FACT THAT, BY AN EXPRESS DECLARATION OF CONGRESS, THE DISTRICT IS CREATED A BODY CORPORATE FOR MUNICIPAL PURPOSES. BECAUSE IT WAS A MUNICIPAL CORPORATION PROPER, AS DISTINGUISHED FROM A CORPORATION ESTABLISHED AS AN AGENCY OF THE GOVERNMENT CREATING IT, THIS COURT HELD IN THE BARNES CASE THAT IT WAS RESPONSIBLE FOR SUCH NEGLIGENCE OF ITS OFFICERS HAVING THE CARE OF STREETS, AVENUES AND SIDEWALKS, AS RESULTED IN PERSONAL INJURIES TO INDIVIDUALS. THE SOURCE FROM WHICH THE DISTRICT OBTAINS THE MEANS FOR MAINTAINING PUBLIC HIGHWAYS IN THE CITY IS OF NO CONSEQUENCE, SO LONG AS CONGRESS HAS MADE IT, AND PERMITS IT TO REMAIN, A MERE MUNICIPAL CORPORATION, WITH SUCH FUNCTIONS AS PERTAIN TO MUNICIPAL CORPORATIONS PROPER. * * *

SINCE THE ENACTMENT OF THE ACT OF JUNE 7, 1924, 43 STAT. 539, APPROPRIATIONS MADE FOR THE EXPENDITURES OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, WHILE MADE BY THE CONGRESS OF THE UNITED STATES, ARE MADE FROM THE REVENUES OF THE DISTRICT OF COLUMBIA SUPPLEMENTED BY FEDERAL CONTRIBUTIONS. SEE, IN THIS CONNECTION, THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1945, 58 STAT. 509, PROVIDING:

THAT THERE ARE APPROPRIATED FOR THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR ENDING JUNE 30, 1945, OUT OF (1) THE GENERAL FUND OF THE DISTRICT OF COLUMBIA, HEREINAFTER KNOWN AS THE GENERAL FUND, SUCH FUND BEING COMPOSED OF THE REVENUES OF THE DISTRICT OF COLUMBIA OTHER THAN THOSE APPLIED BY LAW TO SPECIAL FUNDS, AND $6,000,000, WHICH IS HEREBY APPROPRIATED FOR THE PURPOSE OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED (TO BE ADVANCED JULY 1, 1944), (2) THE HIGHWAY FUND, ESTABLISHED BY LAW ( D.C. CODE, TITLE 47, CH. 19), AND (3) THE WATER FUND, ESTABLISHED BY LAW ( D.C. CODE, TITLE 43, CH. 15), SUMS AS FOLLOWS:

IN VIEW OF THE FOREGOING, IT SEEMS CLEAR THAT GALLINGER MUNICIPAL HOSPITAL IS NOT A " FEDERAL INSTITUTION" AND IS NOT OPERATED WITH FEDERAL FUNDS WITHIN THE MEANING OF THE DECISION OF MARCH 18, 1944, ABOVE REFERRED TO. ACCORDINGLY, THERE IS NOT PERCEIVED ANY OBJECTION TO THE PARTICIPATION OF THE SAID HOSPITAL IN THE NURSES' TRAINING PROGRAM UNDER THE BOLTON ACT ON THE SAME BASIS AS ANY OTHER NON-FEDERAL INSTITUTION.