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B-164811, JUL. 28, 1969

B-164811 Jul 28, 1969
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THE ASSISTANT ATTORNEY GENERAL HAS FURNISHED THE FOLLOWING INFORMATION: "ATTORNEYS OF THE JUSTICE DEPARTMENT ARE OCCASIONALLY DIRECTED BY THE SOLICITOR GENERAL TO PRESENT THE GOVERNMENT'S ARGUMENT IN THE UNITED STATES SUPREME COURT. ON SUCH OCCASIONS THE ATTORNEY IS REQUIRED BY THE SOLICITOR GENERAL TO APPEAR BEFORE THE COURT IN THE FORMAL ATTIRE OF CUTAWAY COAT AND STRIPED TROUSERS. USUALLY THIS MODE OF ATTIRE IS NOT A PART OF THE ATTORNEY'S PERSONAL WARDROBE AND HE RENTS THE CLOTHING FOR THE OCCASION. IS CONSIDERED A REQUIREMENT OF HIS POSITION. IS NECESSARY FOR THE PROPER PERFORMANCE OF HIS DUTIES.'. THE USE OF WHICH IS NECESSARY FOR THE PROPER PERFORMANCE OF THEIR ASSIGNED DUTIES AND NOT MERELY FOR THE PURPOSE OF BEING ATTIRED IN A SOCIALLY ACCEPTABLE MANNER.

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B-164811, JUL. 28, 1969

CIVIL PAY - ATTORNEYS - RENTAL OF MORNING ATTIRE DECISION TO THE ATTORNEY GENERAL ALLOWING REIMBURSEMENT TO ATTORNEYS FOR RENTAL COSTS FOR MORNING ATTIRE INCIDENT TO OFFICIAL APPEARANCES BEFORE SUPREME COURT. SEE 48 COMP. GEN. 48.

TO MR. ATTORNEY GENERAL:

ON JUNE 26, 1969, THE ASSISTANT ATTORNEY GENERAL FOR ADMINISTRATION REQUESTED OUR DECISION AS TO WHETHER THE DEPARTMENT OF JUSTICE MAY REIMBURSE ATTORNEYS OF THE DEPARTMENT FOR RENTAL CHARGES ON FORMAL ATTIRE REQUIRED TO BE WORN BY THEM WHEN APPEARING BEFORE THE UNITED STATES SUPREME COURT.

THE ASSISTANT ATTORNEY GENERAL HAS FURNISHED THE FOLLOWING INFORMATION:

"ATTORNEYS OF THE JUSTICE DEPARTMENT ARE OCCASIONALLY DIRECTED BY THE SOLICITOR GENERAL TO PRESENT THE GOVERNMENT'S ARGUMENT IN THE UNITED STATES SUPREME COURT. ON SUCH OCCASIONS THE ATTORNEY IS REQUIRED BY THE SOLICITOR GENERAL TO APPEAR BEFORE THE COURT IN THE FORMAL ATTIRE OF CUTAWAY COAT AND STRIPED TROUSERS. USUALLY THIS MODE OF ATTIRE IS NOT A PART OF THE ATTORNEY'S PERSONAL WARDROBE AND HE RENTS THE CLOTHING FOR THE OCCASION. THE WEARING THEREOF OCCURS DURING THE NORMAL WORKDAY, IS CONSIDERED A REQUIREMENT OF HIS POSITION, AND IS NECESSARY FOR THE PROPER PERFORMANCE OF HIS DUTIES.'

IN OUR DECISION OF AUGUST 2, 1968, B-164811 (48 COMP. GEN. 48) WE HELD THAT SPECIAL AGENTS OF THE UNITED STATES SECRET SERVICE MAY BE REIMBURSED FOR RENTAL CHARGES ON FORMAL ATTIRE, THE USE OF WHICH IS NECESSARY FOR THE PROPER PERFORMANCE OF THEIR ASSIGNED DUTIES AND NOT MERELY FOR THE PURPOSE OF BEING ATTIRED IN A SOCIALLY ACCEPTABLE MANNER.

IN THE PRESENT CASE IT IS EVIDENT THAT THE WEARING OF FORMAL ATTIRE IS NECESSARY FOR THE PROPER PERFORMANCE OF THE ATTORNEY'S ASSIGNED DUTIES. MOREOVER, SINCE INDIVIDUAL ATTORNEYS OF THE JUSTICE DEPARTMENT ARE REQUIRED ONLY OCCASIONALLY TO APPEAR BEFORE THE UNITED STATES SUPREME COURT, IT WOULD BE UNREASONABLE TO EXPECT THEM TO PURCHASE SUCH FORMAL ATTIRE.

OUR DECISION OF AUGUST 2, 1968, DISCUSSED ABOVE, IS APPLICABLE TO THE FACTS OF THIS CASE AND, THEREFORE, WE HOLD THAT YOUR DEPARTMENT MAY REIMBURSE ATTORNEYS FOR THE RENTAL CHARGES IN QUESTION.

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