B-113690, FEBRUARY 20, 1953, 32 COMP. GEN. 369

B-113690: Feb 20, 1953

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1953: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22. REQUESTING ADVICE AS TO WHETHER SUCH AMOUNT IS A PROPER CHARGE AGAINST THE APPROPRIATION " SALARIES AND EXPENSES OF BUREAU OF NARCOTICS.'. THE EXPENSES IN QUESTION ARE REPORTED TO HAVE RESULTED FROM AN ACCIDENT INVOLVING A GOVERNMENT-OWNED AUTOMOBILE DRIVEN BY AGENT GRADY WHILE ON OFFICIAL BUSINESS. IT WAS HELD IN A SIMILAR SITUATION THAT THE APPROPRIATION "ENFORCEMENT OF NARCOTICS AND NATIONAL PROHIBITION ACTS. " WAS NOT AVAILABLE TO REIMBURSE PROHIBITION AGENTS FOR THE VALUE OF PERSONAL WEARING APPAREL DESTROYED WHILE IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.

B-113690, FEBRUARY 20, 1953, 32 COMP. GEN. 369

APPROPRIATIONS - AVAILABILITY - DAMAGE TO EMPLOYEE'S PERSONAL PROPERTY WHILE ON OFFICIAL BUSINESS THE APPROPRIATION " SALARIES AND EXPENSES, BUREAU OF NARCOTICS, 1953," CONTAINED IN THE ACT OF JUNE 30, 1952, MAY NOT BE USED TO REIMBURSE A NARCOTIC AGENT FOR THE COST OF EYEGLASSES AND PROFESSIONAL SERVICES PROCURED TO REPLACE THE EMPLOYEE'S PERSONAL PROPERTY DESTROYED IN AN ACCIDENT INVOLVING A GOVERNMENT-OWNED AUTOMOBILE DRIVEN BY THE AGENT WHILE ON OFFICIAL BUSINESS.

ACTING COMPTROLLER GENERAL YATES TO G. W. CUNNINGHAM, TREASURY DEPARTMENT, FEBRUARY 20, 1953:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22, 1952, FORWARDING A VOUCHER IN FAVOR OF WILLIAM H. GRADY, NARCOTIC AGENT, IN THE AMOUNT OF $42.50 COVERING THE COST OF EYEGLASSES AND PROFESSIONAL SERVICES INCIDENT THERETO PROCURED BY HIM FROM OR. THEODORE STEINBERG, M.D., FRESNO, CALIFORNIA, AND REQUESTING ADVICE AS TO WHETHER SUCH AMOUNT IS A PROPER CHARGE AGAINST THE APPROPRIATION " SALARIES AND EXPENSES OF BUREAU OF NARCOTICS.' THE EXPENSES IN QUESTION ARE REPORTED TO HAVE RESULTED FROM AN ACCIDENT INVOLVING A GOVERNMENT-OWNED AUTOMOBILE DRIVEN BY AGENT GRADY WHILE ON OFFICIAL BUSINESS.

THE APPROPRIATION FOR SALARIES AND EXPENSES, BUREAU OF NARCOTICS, FOR THE FISCAL YEAR 1953, CONTAINED IN PUBLIC LAW 425, APPROVED JUNE 30, 1952, 66 STAT. 289, DOES NOT SPECIFICALLY PROVIDE FOR REIMBURSEMENT TO EMPLOYEES OF THE BUREAU OF NARCOTICS FOR PERSONAL FURNISHINGS OR PRIVATE PROPERTY LOST, DAMAGED OR DESTROYED IN THE PERFORMANCE OF OFFICIAL BUSINESS, AND NEITHER DOES THERE APPEAR TO BE ANY PROPER BASIS FOR CONSTRUING THAT APPROPRIATION AS BEING AVAILABLE FOR SUCH EXPENSES. MOREOVER, NO OTHER PROVISIONS OF LAW AUTHORIZING REIMBURSEMENT OF SUCH EXPENSES HAS COME TO ATTENTION. DECISION DATED NOVEMBER 12, 1924, A-5903, 4 COMP. GEN. 441, IT WAS HELD IN A SIMILAR SITUATION THAT THE APPROPRIATION "ENFORCEMENT OF NARCOTICS AND NATIONAL PROHIBITION ACTS, 1925," WAS NOT AVAILABLE TO REIMBURSE PROHIBITION AGENTS FOR THE VALUE OF PERSONAL WEARING APPAREL DESTROYED WHILE IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. THE PRINCIPAL ENUNCIATED IN THAT DECISION APPEARS EQUALLY APPLICABLE TO AGENT GRADY'S CASE.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.