B-128240, JUL. 13, 1956
Highlights
MORAN WAS AUTHORIZED TO SHIP HIS HOUSEHOLD EFFECTS FROM WASHINGTON. HE APPLIED FOR AND WAS GRANTED AN ADVANCE OF $1. APPLICATION FOR SUCH BOND WAS MADE BY MR. MORAN TO UNITED STATES FIDELITY AND GUARANTY COMPANY AND IT WAS ISSUED TO HIM ON MAY 15. IS AUTHORIZED UNDER THE ACT OF AUGUST 9. THE DESIGNATION OF PERSONS AUTHORIZED TO OBTAIN BONDS AT GOVERNMENT EXPENSE IS CONTAINED IN THE ACT OF AUGUST 9. OR OTHER TYPES OF SURETY BONDS COVERING THE CIVILIAN OFFICERS AND EMPLOYEES AND MILITARY PERSONNEL OF SUCH DEPARTMENT OR INDEPENDENT ESTABLISHMENT WHO ARE REQUIRED BY LAW OR ADMINISTRATIVE RULING TO BE BONDED. * * *" SEE ALSO. IT IS CLEAR. MORAN FROM HIS OWN FUNDS WAS PROCEDURALLY IMPROPER.
B-128240, JUL. 13, 1956
TO MR. R. P. HOGAN, AUTHORIZED CERTIFYING OFFICER, WEATHER BUREAU:
YOUR LETTER OF JUNE 11, 1956, FILE NO. A-3.32, REQUESTS OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF DONALD H. MORAN COVERING THE COST OF SECURING A TRAVEL ADVANCE BOND ADMINISTRATIVELY REQUIRED OF HIM. MR. DONALD H. MORAN WAS AUTHORIZED TO SHIP HIS HOUSEHOLD EFFECTS FROM WASHINGTON, D.C., TO LAS VEGAS, NEVADA, UNDER TRAVEL ORDER NO. 1959 DATED MAY 17, 1956, IN CONNECTION WITH HIS PERMANENT TRANSFER TO LAS VEGAS, NEVADA. HE APPLIED FOR AND WAS GRANTED AN ADVANCE OF $1,100 SUBJECT TO OBTAINING A TRAVEL ADVANCE BOND OF $2,000. APPLICATION FOR SUCH BOND WAS MADE BY MR. MORAN TO UNITED STATES FIDELITY AND GUARANTY COMPANY AND IT WAS ISSUED TO HIM ON MAY 15, 1956, UPON PAYMENT OF THE $5 PREMIUM. HE NOW SEEKS REIMBURSEMENT OF THIS PREMIUM CHARGE. WE UNDERSTAND FROM INFORMATION INFORMALLY FROM THE WEATHER BUREAU THAT THE TRAVEL ADVANCE HAS BEEN RECOVERED.
THE USE OF APPROPRIATED FUNDS TO OBTAIN BONDS TO PROTECT THE INTERESTS OF THE UNITED STATES IN AN ADVANCE UNDER THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, 5 U.S.C. 838, IS AUTHORIZED UNDER THE ACT OF AUGUST 9, 1955, 69 STAT. 618, 6 U.S.C. 14. SEE 35 COMP. GEN. 333.
THE DESIGNATION OF PERSONS AUTHORIZED TO OBTAIN BONDS AT GOVERNMENT EXPENSE IS CONTAINED IN THE ACT OF AUGUST 9, 1955:
" * * * THE HEAD OF EACH DEPARTMENT AND INDEPENDENT ESTABLISHMENT IN THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT SHALL OBTAIN, UNDER REGULATIONS WHICH SHALL BE PROMULGATED BY THE SECRETARY OF THE TREASURY, BLANKET, POSITION SCHEDULE, OR OTHER TYPES OF SURETY BONDS COVERING THE CIVILIAN OFFICERS AND EMPLOYEES AND MILITARY PERSONNEL OF SUCH DEPARTMENT OR INDEPENDENT ESTABLISHMENT WHO ARE REQUIRED BY LAW OR ADMINISTRATIVE RULING TO BE BONDED. * * *" SEE ALSO, U.S. TREASURY DEPARTMENT CIRCULAR NO. 969, NOVEMBER 1, 1955.
IT IS CLEAR, IN OUR OPINION, THAT THE LANGUAGE OF THE 1955 ACT AND THE REGULATIONS ISSUED THEREUNDER REQUIRED THAT SUCH BONDS BE PURCHASED BY THE AGENCY CONCERNED OR, MORE SPECIFICALLY, BY THE HEAD OF THE AGENCY OR HIS SUBORDINATE TO WHOM THE AUTHORITY HAS BEEN PROPERLY DELEGATED. THE PURCHASE OF THE BOND BY MR. MORAN FROM HIS OWN FUNDS WAS PROCEDURALLY IMPROPER; HOWEVER, IN THIS PARTICULAR INSTANCE NO OBJECTION WILL BE RAISED TO THE PAYMENT. APPROPRIATE MEASURES SHOULD BE TAKEN TO ACCORD YOUR PROCEDURES WITH THE REQUIREMENTS OF THE ACT OF AUGUST 9, 1955, AND THE REGULATIONS. THE VOUCHER RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.