B-80060 September 30, 1948

B-80060 September 30, 1948

The Honorable,

The Secretary of State.

My dear Mr. Secretary:

Reference is made to your letter of September 13, 1948 (file DV/X), referring to sections 941 and 942(a) of the Foreign Service Act of 1946, 60 Stat. 1029, and requesting decision as to the fiscal year appropriation to be charged with expenses properly incurred under authority of the said sections of the act.

The provisions of the act referred to are as follows:

"Sec. 941. The Secretary may, in the event of illness or injury requiring hospitalization of an officer or employee of the Service who is a citizen of the United States, not the result of vicious habits, intemperance, or misconduct on his part, incurred in the line of duty while such person is assigned abroad, pay for the cost of the treatment of such illness or injury at a suitable hospital or clinic.

"Sec. 942(a) The Secretary say, in the event of illness or injury requiring the hospitalization of an officer or employee of the Service who is a citizen of the United States, not the result of vicious habits, intemperance, or misconduct on his part, incurred while on assignment abroad, in a locality where there does not exist a suitable hospital or clinic, pay the travel expenses of such officer or employee by whatever means he shall deem appropriate and without regard to the Standardised Government Travel Regulations and section 10 of the Act of March 3, 1933 (47 Stat. 1516; 5 U.S. C. 73b), to the nearest locality where a suitable hospital or clinic exists, and on his recovery pay for the travel expenses of his return to his post of duty. If the officer or employee is to ill to travel un-attended, the Secretary may also pay the travel expenses of an attendant."

The circumstances which give rise to your question in the matter are stated in your letter, as follows:

"Upon considering cases now before the Department for approval, it is found that some of them relate to expenses incurred by officers and employees during the fiscal years 1947 and 1948. It is, therefore necessary to determine the appropriation and fiscal year chargeable when the expenses are incurred in one fiscal year and payment is approved in a subsequent fiscal year. The same situation will no doubt continue to exist with respect to requests for reimbursement of expenses incurred during a previous fiscal year which are presented to the Department for approval after the close of the fiscal year, and also to those cases presented during the fiscal year which are not approved until after the close of the fiscal year."

Under provisions of the act quoted above, the Secretary of State is given discretionary authority to pay expenses of hospitalization and transportation connected therewith in those cases in which he has determined that the injury or illness was incurred by the officer or employee in the line of duty and not the result of vicious habits, intemperance, or misconduct. Consequently, the United States does not become obligated for the payment of those expenses unitil such time as the Secretary of State has made the proper determination. 27 Comp. Gen. 237.

Accordingly, you are advised that the amount payable should be charged to the appropriation current at the time the obligation is recognized by your Department.

Respectfully,

(Signed) Lindsay C. Warren Comptroller General of the United States