B-174762, JAN 24, 1972

B-174762: Jan 24, 1972

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THE APPROPRIATION CURRENT AT THE TIME WHEN A FINAL DETERMINATION OF THE GOVERNMENT'S LIABILITY IS MADE. IS THE ONE CHARGEABLE WITH PAYMENT OF THE CLAIM. WHITE: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 23. YAZZIE'S EYEGLASSES WHICH WERE BROKEN WHILE HE WAS PREPARING TO GO ON THE FIRE LINE OF THE ALAMO FIRE. THE CLAIM WAS PROPERLY APPROVED FOR PAYMENT ON NOVEMBER 11. THERE IS NO OBLIGATION ON THE PART OF THE UNITED STATES FOR THE PAYMENT OF ANY AMOUNT ON A CLAIM UNTIL A FINAL DETERMINATION OF THE GOVERNMENT'S LIABILITY IS MADE BY THE PERSON AUTHORIZED TO DO SO THEREUNDER. THE APPROPRIATION CURRENT AT THE TIME SUCH FINAL ACTION IS TAKEN IS THE APPROPRIATION OBLIGATED FOR AND CHARGEABLE WITH THE PAYMENT OF THE AMOUNT OF THE ADJUDICATED CLAIM.

B-174762, JAN 24, 1972

ADJUDICATED CLAIM - CHARGEABLE APPROPRIATION DECISION ALLOWING A PREVIOUSLY ADJUDICATED CLAIM BY LEO LEE YAZZIE, AN EMPLOYEE OF THE FOREST SERVICE, TO BE CHARGED TO THE CURRENT FISCAL YEAR 1972 APPROPRIATION. UNDER 27 COMP. GEN. 237 (1947), THE APPROPRIATION CURRENT AT THE TIME WHEN A FINAL DETERMINATION OF THE GOVERNMENT'S LIABILITY IS MADE, IS THE ONE CHARGEABLE WITH PAYMENT OF THE CLAIM.

TO MR. ARVIN L. WHITE:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 23, 1971, REGARDING THE CLAIM OF LEO LEE YAZZIE, AN EMPLOYEE OF THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE, IN THE AMOUNT OF $15 UNDER THE PROVISIONS OF THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIM ACT OF 1964, AS AMENDED, 31 U.S.C. 240-243.

THE AMOUNT CLAIMED REPRESENTS THE COST OF REPLACING THE RIGHT LENS OF MR. YAZZIE'S EYEGLASSES WHICH WERE BROKEN WHILE HE WAS PREPARING TO GO ON THE FIRE LINE OF THE ALAMO FIRE, SANTA FE, NEW MEXICO, ON JUNE 27, 1971-FISCAL YEAR 1971. THE CLAIM WAS PROPERLY APPROVED FOR PAYMENT ON NOVEMBER 11, 1971-FISCAL YEAR 1972. YOU REQUEST OUR ADVICE AS TO WHICH OF THESE FISCAL YEAR APPROPRIATIONS SHOULD BE CHARGED.

THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIMS ACT OF 1964, AS AMENDED, SUPRA, AUTHORIZES THE HEAD OF AN AGENCY OR HIS DESIGNEE, UNDER SUCH REGULATIONS AS THE HEAD OF THE AGENCY MAY PRESCRIBE TO SETTLE AND PAY CLAIMS BY AN EMPLOYEE OF THAT AGENCY FOR DAMAGE TO, OR LOSS OF, PERSONAL PROPERTY INCIDENT TO THE SERVICE OF THE EMPLOYEE.

WHERE, AS HERE, THERE IS NO OBLIGATION ON THE PART OF THE UNITED STATES FOR THE PAYMENT OF ANY AMOUNT ON A CLAIM UNTIL A FINAL DETERMINATION OF THE GOVERNMENT'S LIABILITY IS MADE BY THE PERSON AUTHORIZED TO DO SO THEREUNDER, THE APPROPRIATION CURRENT AT THE TIME SUCH FINAL ACTION IS TAKEN IS THE APPROPRIATION OBLIGATED FOR AND CHARGEABLE WITH THE PAYMENT OF THE AMOUNT OF THE ADJUDICATED CLAIM. CF. 27 COMP. GEN. 237 (1947) AMPLIFIED BY 27 ID. 445 (1948) AS TO THE APPLICATION OF THE FEDERAL TORT CLAIMS ACT; AND B-80060 OF SEPTEMBER 30, 1948, CITED IN YOUR LETTER AS TO THE APPLICATION OF SECTIONS 941 942(A) OF THE FOREIGN SERVICE ACT OF 1946, 60 STAT. 1029.

ACCORDINGLY, THE SUBJECT CLAIM SHOULD BE CHARGED TO THE CURRENT FISCAL YEAR 1972, APPROPRIATION.