B-171924, APR 7, 1971

B-171924, APR 7, 1971

TRANSFER OF FUNDS - SERVICES RENDERED TO THIRD PARTY ADVANCE DECISION ADVISING THAT SECTION 601 OF THE ECONOMY ACT, 31 U.S.C. 686 AFFORDS AN AUTHORITATIVE BASIS FOR REIMBURSEMENT OF $3,580 TO THE U.S. AIR FORCE, INCIDENT TO THE HOSPITALIZATION AND TREATMENT OF A PHILIPPINE NATIONAL WHO WAS INJURED WHEN STRUCK BY A COAST GUARD VEHICLE. BECAUSE THE INJURED PARTY WAS ADMITTED FOR EMERGENCY TREATMENT AT THE AIR FORCE HOSPITAL AT THE REQUEST OF THE COMMANDING OFFICER OF THE COAST GUARD UNIT INVOLVED THE VOUCHER MAY BE CERTIFIED FOR PAYMENT UNDER SECTION 601 OF THE ECONOMY ACT.

TO THE COMMANDANT:

THIS WILL REFER TO YOUR FIRST INDORSEMENT OF FEBRUARY 5, 1971, WHICH FORWARDED A LETTER WITH ENCLOSURES DATED FEBRUARY 5, 1971, REFERENCE FA 5/71,4400, FROM MR. C. D. ELLING, AN AUTHORIZED CERTIFYING OFFICER. INCLUDED WAS A STANDARD FORM NO. 1080 "VOUCHER FOR TRANSFERS BETWEEN APPROPRIATIONS AND/OR FUNDS" IN THE AMOUNT OF $3,580 WHICH WOULD PROVIDE REIMBURSEMENT TO THE AIR FORCE FOR MEDICAL AND HOSPITAL SERVICES RENDERED AT THE UNITED STATES AIR FORCE HOSPITAL CLARK (PACAF), UPON REQUEST OF THE COAST GUARD, TO A PHILIPPINE NATIONAL WHO WAS INJURED WHEN STRUCK BY A COAST GUARD VEHICLE. THIS MATTER WAS INITIALLY SUBMITTED AS A CLAIM TO OUR CLAIMS DIVISION, BUT AT THE INFORMAL REQUEST OF MR. ELLING WE ARE CONSIDERING IT AS A REQUEST FOR ADVANCE DECISION.

IT IS STATED IN ONE OF THE ENCLOSURES:

" *** THAT ONE, ANGEL MINOR, THE FIVE-YEAR OLD SON OF A PHILIPPINE NATIONAL, SUSTAINED SERIOUS INJURIES AS A RESULT OF HAVING BEEN HIT BY A GOVERNMENT VEHICLE OPERATED BY A MEMBER OF THE COAST GUARD IN THE SCOPE OF HIS EMPLOYMENT. ON 18 MAY 1970 THE CHILD WAS ADMITTED TO THE LOCAL HOSPITAL FOR EMERGENCY TREATMENT AND WAS SUBSEQUENTLY ADMITTED TO THE UNITED STATES AIR FORCE HOSPITAL CLARK (PACAF) FOR TREATMENT AT THE REQUEST OF THE COMMANDING OFFICER OF THE COAST GUARD UNIT INVOLVED FOR THE PROTECTION OF THE GOVERNMENT. HE WAS TREATED THERE FROM 24 MAY 1970 TO 28 JULY 1970. THE AMOUNT SHOWN ON THE VOUCHER, $3,580.00, CONSISTING OF THE SUM OF $3,489.00 FOR MEDICAL SERVICES AND $91.00 FOR SUBSISTENCE, CONSTITUTED THE TOTAL COST OF THE SERVICES FURNISHED TO THE CHILD BY THE AIR FORCE. THE BILL HAS BEEN FORWARDED TO THE COAST GUARD FOR CONSIDERATION RATHER THAN TO THE PARENTS OF THE CHILD SINCE THE CHILD WAS ADMITTED AT THE REQUEST OF THE COAST GUARD. IT IS NOT KNOWN WHETHER THE PARENTS ARE FINANCIALLY ABLE TO PAY THIS BILL. HAD THE AIR FORCE BILL BEEN SUBMITTED TO THE PARENTS OF THE CHILD AND BEEN PAID, A CLAIM AGAINST THE UNITED STATES UNDER THE FOREIGN CLAIMS ACT FOR THIS AMOUNT WOULD HAVE BEEN A PAYABLE CLAIM. HOWEVER, THERE APPEARS TO BE NO AUTHORITY FOR REIMBURSEMENT OF THE AIR FORCE UNLESS THE AUTHORITY OF THE COAST GUARD TO PAY A TORT CLAIM FOR THE SAME EXPENSES IF FILED BY THE PARENTS WOULD BE SUFFICIENT TO DO SO."

A CLAIM MAY BE ALLOWED UNDER THE FOREIGN CLAIMS ACT (10 U.S.C. 2734) ONLY IF PRESENTED WITHIN TWO YEARS AFTER IT ACCRUES. WE UNDERSTAND FROM THE STATEMENT QUOTED ABOVE THAT A CLAIM HAS NOT BEEN PRESENTED.

HOWEVER, THERE IS FOR CONSIDERATION SECTION 601 OF THE ECONOMY ACT, 31 U.S.C. 686, WHICH PROVIDES IN PERTINENT PART AS FOLLOWS:

"(A) ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OF THE GOVERNMENT, OR ANY BUREAU OR OFFICE THEREOF, IF FUNDS ARE AVAILABLE THEREFOR AND IF IT IS DETERMINED BY THE HEAD OF SUCH *** ESTABLISHMENT, *** TO BE IN THE INTEREST OF THE GOVERNMENT SO TO DO, MAY PLACE ORDERS WITH ANY OTHER SUCH *** ESTABLISHMENT, *** FOR *** SERVICES, OF ANY KIND THAT SUCH REQUISITIONED FEDERAL AGENCY MAY BE IN A POSITION TO SUPPLY OR EQUIPPED TO RENDER, AND SHALL PAY PROMPTLY BY CHECK TO SUCH FEDERAL AGENCY AS MAY BE REQUISITIONED, UPON ITS WRITTEN REQUEST, EITHER IN ADVANCE OR UPON THE *** PERFORMANCE THEREOF, ALL *** OF THE *** ACTUAL COST THEREOF AS DETERMINED BY SUCH DEPARTMENT, (OR) ESTABLISHMENT, *** AS MAY BE REQUISITIONED *** ."

SECTION 601 OF THE ECONOMY ACT, AS APPLIED TO THE PECULIAR FACTS OF THIS CASE, UPON PROPER DETERMINATION IN ACCORDANCE WITH THE PROVISIONS OF THAT SECTION COULD AFFORD AN AUTHORITATIVE BASIS FOR REIMBURSEMENT TO THE AIR FORCE. UPON SUCH A DETERMINATION THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH.