DECEMBER 26, 1922, 2 COMP. GEN. 397

DECEMBER 26, 1922, 2 COMP. GEN. 397

EMPLOYEES OF VETERANS' BUREAU - REIMBURSEMENT FOR QUARTERS, HEAT, AND LIGHT PROCURED AT HOME ADMINISTRATIVE ASSISTANTS EMPLOYED BY THE VETERANS' BUREAU AND ENTITLED TO QUARTERS, HEAT, AND LIGHT IN KIND, OR TO REIMBURSEMENT FOR ACTUAL EXPENSE OF QUARTERS, HEAT, AND LIGHT WHEN NOT AVAILABLE IN KIND AND PROCURED ELSEWHERE UNDER PROPER AUTHORITY, MAY NOT BE REIMBURSED FOR PAYMENTS TO THEIR WIVES OF THE ESTIMATED COST OF QUARTERS, HEAT, AND LIGHT AT THEIR OWN HOMES.

COMPTROLLER GENERAL MCCARL TO WILLIAM H. HOLMES, DISBURSING CLERK, UNITED STATES VETERANS' BUREAU, DECEMBER 26, 1922:

THERE HAS BEEN RECEIVED YOUR COMMUNICATION OF OCTOBER 18, 1922, INCLOSING APPROVED VOUCHER IN THE AMOUNT OF $60 IN FAVOR OF SAMUEL H. LEOPOLD, ADMINISTRATIVE ASSISTANT, FIRST CLASS, UNITED STATES VETERANS' HOSPITAL NO. 35, IN REIMBURSEMENT FOR MONEY PAID TO MRS. NELLIE R. LEOPOLD, HIS WIFE, FOR SUPPLYING HIM WITH QUARTERS, HEAT, AND LIGHT FOR THE MONTH OF AUGUST, 1922, AT 5708 REBER PLACE, ST. LOUIS, MO., WITH REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT THEREON.

UNITED STATES VETERANS' HOSPITALS ARE BEING OPERATED UNDER REGULATIONS OF THE UNITED STATES PUBLIC HEALTH SERVICE.

PARAGRAPH 124 OF SAID REGULATIONS, AS AMENDED UNDER DATE OF JANUARY 12, 1922, APPROVED MARCH 31, 1922, PROVIDES FOR THE FURNISHING TO ADMINISTRATIVE ASSISTANTS OF QUARTERS, HEAT, AND LIGHT IN KIND ONLY.

THE PAYMENT IS PROPOSED UNDER SUBPARAGRAPH 2 OF PARAGRAPH 124, AS AMENDED, WHICH READS:

WHENEVER POSSIBLE ADMINISTRATIVE ASSISTANTS SHALL BE FURNISHED QUARTERS, HEAT, AND LIGHT AT THE HOSPITAL OR FIELD STATION. IN CASE QUARTERS, HEAT, AND LIGHT ARE NOT AVAILABLE AT THE HOSPITAL OR FIELD STATION, THE MEDICAL OFFICER IN CHARGE MAY SO NOTIFY THE ADMINISTRATIVE ASSISTANT AND DIRECT HIM TO PROCURE QUARTERS OUTSIDE THE HOSPITAL OR FIELD STATION, AND AT THE END OF EACH MONTH TO SUBMIT TO THE SURGEON GENERAL A PUBLIC VOUCHER, ON PROPER FORM, SUPPORTED BY RECEIPTS, FOR REIMBURSEMENT IN A SUM NOT TO EXCEED $15 PER MONTH PER ROOM FOR QUARTERS, HEAT, AND LIGHT: PROVIDED, THAT REIMBURSEMENT UNDER THIS PARAGRAPH SHALL NOT BE MADE FOR MORE THAN FOUR ROOMS. WITH THE VOUCHER MUST BE A CERTIFICATE FROM THE MEDICAL OFFICER IN CHARGE CERTIFYING THAT THE QUARTERS HAVE BEEN ALLOWED BY HIM AND HAVE NOT BEEN GIVEN IN KIND AT THE HOSPITAL OR FIELD STATION DURING THE PERIOD COVERED BY THE VOUCHER. THE NUMBER OF THE ROOMS SHALL, IN ANY CASE, BE DETERMINED BY THE SURGEON GENERAL ON THE BASIS OF THE FAMILY NEEDS OF THE EMPLOYEES INVOLVED.

THE VOUCHER IS STATED AS PAYABLE UNDER THE APPROPRIATION "MEDICAL AND HOSPITAL SERVICE, VETERANS' BUREAU, 1923," ACT OF JUNE 12, 1922, 42 STAT., 649, WHICH PROVIDES, IN PART:

THAT NO PART OF THE MONEY HEREBY APPROPRIATED SHALL BE USED FOR THE PAYMENT OF COMMUTATION OF QUARTERS, SUBSISTENCE, AND LAUNDRY OR QUARTERS, HEAT AND LIGHT, AND LONGEVITY TO ANY EMPLOYEES OTHER THAN THE COMMISSIONED MEDICAL OFFICERS PROVIDED FOR BY STATUTE.

THERE BEING NO QUARTERS AVAILABLE AT THE HOSPITAL THE EMPLOYEE WAS AUTHORIZED BY THE SURGEON IN CHARGE TO PROCURE QUARTERS OUTSIDE OF THE HOSPITAL. HE PURCHASED A PROPERTY FOR A HOME WITH THE VIEW OF UTILIZING IT FOR QUARTERS FOR HIMSELF AND CHARGING THE GOVERNMENT THEREFOR IN THE AMOUNT THAT COULD HAVE BEEN EXPENDED FOR QUARTERS IN KIND FOR HIM ELSEWHERE, AND THE PROPOSED PAYMENT OF $60 IS TO REIMBURSE HIM FOR THAT AMOUNT AS IF PAID TO HIS WIFE FOR THE MONTH OF AUGUST, 1922, FOR ROOMS WITH HEAT AND LIGHT IN SAID HOME THUS PURCHASED AND MAINTAINED BY HIM AS A HOUSEHOLDER.

THE APPROPRIATION FOR THE FISCAL YEAR 1923 IS BY ITS EXPRESS TERMS NOT AVAILABLE FOR THE PAYMENT OF COMMUTATION OF QUARTERS, ETC., EXCEPT TO COMMISSIONED MEDICAL OFFICERS PROVIDED FOR BY STATUTE, AND AN ADMINISTRATIVE ASSISTANT DOES NOT FALL WITHIN THE EXCEPTED CLASS.

THE HOME IS THE HOME OF THE EMPLOYEE. IT IS CONSIDERED AS BEING SUPPORTED AND MAINTAINED BY HIS FUNDS, AND PAYMENT TO THE WIFE FOR QUARTERS THEREIN IS VIRTUALLY PAYMENT TO THE EMPLOYEE. IT APPEARS PROPER UNDER THE REGULATIONS HERETOFORE REFERRED TO FOR AN EMPLOYEE TO PROCURE QUARTERS OUTSIDE OF THE HOSPITAL WHEN PROPERLY DIRECTED AND BE REIMBURSED THE COST OF SAME, BUT PAYMENT FOR QUARTERS WHICH HE HAS FURNISHED HIMSELF IN HIS OWN HOME WOULD BE IN EFFECT THE PAYMENT OF MONEY IN LIEU OF QUARTERS IN KIND AND A COMMUTATION THEREOF, WHETHER SO-CALLED OR NOT, AND AS SUCH IS NOT AUTHORIZED. SEE DECISION COMPTROLLER GENERAL TO SECRETARY OF THE INTERIOR, DECEMBER 18, 1922.

SUBSTANTIALLY THE SAME PRINCIPLE APPLIES THAT THE EXPENSE OF A MAN LIVING WITH HIS FAMILY IN HIS OWN HOME AS A HOUSEHOLDER BEING INTERMINGLED WITH THOSE OF HIS FAMILY RENDERS IT IMPOSSIBLE FOR ACCOUNTING PURPOSES TO CORRECTLY SHOW ANY PORTION OF THE EXPENSES AS HIS INDIVIDUALLY FROM THOSE OF HIS FAMILY. SEE 18 COMP. DEC., 454; 8 ID., 118; 6 ID., 779; 51 MS. COMP. DEC., 1, OCTOBER 1, 1909; 59 ID., 1182, DECEMBER 20, 1911.

TO PERMIT SUCH A PAYMENT, UNDER THE CIRCUMSTANCES HERE APPEARING, WOULD BE TO PERMIT PERSONAL EXPENSES UNCERTAIN IN AMOUNT TO BE SUBSTITUTED FOR OFFICIAL EXPENSES, AND GOVERNMENT MONEY INTENDED TO COVER ACTUAL AND NECESSARY COST OF PROVIDING QUARTERS IN KIND FOR THE OFFICIAL USE OF THE EMPLOYEE TO BE APPLIED TOWARD THE EXPENSE OF A HOME FOR THE EMPLOYEE, WHICH OBVIOUSLY MIGHT RESULT IN AN UNAUTHORIZED INCREASE IN HIS PAY. COMP. GEN., 575; 27 COMP. DEC., 340.