B-93026, MARCH 27, 1950, 29 COMP. GEN. 390

B-93026: Mar 27, 1950

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IT APPEARS THAT THE TYPEWRITER IS THE PERSONAL PROPERTY OF AN EMPLOYEE IN THE CLERK'S OFFICE OF THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA. THE TYPEWRITER IS SPECIALLY CONSTRUCTED FOR ONE HAND OPERATION AND WAS FURNISHED THE EMPLOYEE BY THE VETERANS ADMINISTRATION IN CONNECTION WITH HIS REHABILITATION. IT IS STATED IN YOUR LETTER THAT IT IS BEING USED SOLELY FOR GOVERNMENT SERVICE. IT WAS STATED IN DECISION OF THIS OFFICE DATED APRIL 10. AS FOLLOWS: IT IS THE ESTABLISHED RULE THAT WHERE EQUIPMENT IS LOANED FOR USE IN CONNECTION WITH A PARTICULAR GOVERNMENT WORK THE APPROPRIATION FOR THAT WORK IS AVAILABLE FOR REPAIRS TO SUCH EQUIPMENT TO THE EXTENT THAT SUCH REPAIRS ARE NECESSARY FOR THE CONTINUED USE OF THE EQUIPMENT ON THAT WORK UNDER THE CIRCUMSTANCES HERE INVOLVED.

B-93026, MARCH 27, 1950, 29 COMP. GEN. 390

APPROPRIATIONS - AVAILABILITY - REPAIRS TO PRIVATELY OWNED TYPEWRITER WHERE A DISABLED EMPLOYEE USES HIS OWN SPECIALLY CONSTRUCTED ELECTRIC TYPEWRITER IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, THE COST OF REPAIRS NECESSARY FOR THE CONTINUED USE OF THE TYPEWRITER MAY BE PAID FROM THE APPROPRIATION AVAILABLE FOR REPAIRS TO GOVERNMENT-OWNED TYPEWRITERS USED IN SIMILAR WORK.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, MARCH 27, 1950:

THERE HAS BEEN CONSIDERED THE LETTER OF FEBRUARY 14, 1950, FROM THE ASSISTANT DIRECTOR, REQUESTING A DECISION AS TO THE PROPRIETY OF REPAIRING A PRIVATELY OWNED ELECTRIC TYPEWRITER AND CHARGING THE COST THEREOF TO THE APPROPRIATION ACCOUNT "1000911 MISCELLANEOUS EXPENSES, UNITED STATES COURTS, 1950.'

IT APPEARS THAT THE TYPEWRITER IS THE PERSONAL PROPERTY OF AN EMPLOYEE IN THE CLERK'S OFFICE OF THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA, A DISABLED WORLD WAR II VETERAN WHO LOST A HAND AT IWO JIMA. THE TYPEWRITER IS SPECIALLY CONSTRUCTED FOR ONE HAND OPERATION AND WAS FURNISHED THE EMPLOYEE BY THE VETERANS ADMINISTRATION IN CONNECTION WITH HIS REHABILITATION. IT IS STATED IN YOUR LETTER THAT IT IS BEING USED SOLELY FOR GOVERNMENT SERVICE.

IT WAS STATED IN DECISION OF THIS OFFICE DATED APRIL 10, 1941, 20 COMP. GEN. 617, REFERRED TO IN YOUR LETTER, AS FOLLOWS:

IT IS THE ESTABLISHED RULE THAT WHERE EQUIPMENT IS LOANED FOR USE IN CONNECTION WITH A PARTICULAR GOVERNMENT WORK THE APPROPRIATION FOR THAT WORK IS AVAILABLE FOR REPAIRS TO SUCH EQUIPMENT TO THE EXTENT THAT SUCH REPAIRS ARE NECESSARY FOR THE CONTINUED USE OF THE EQUIPMENT ON THAT WORK

UNDER THE CIRCUMSTANCES HERE INVOLVED, IT IS IN THE INTEREST OF BOTH THE UNITED STATES AND THE DISABLED EMPLOYEE TO PERMIT SUCH EMPLOYEE TO USE HIS PERSONAL TYPEWRITER WHILE PERFORMING OFFICIAL DUTIES. ALSO, UNDER THE CIRCUMSTANCES, THE TYPEWRITER REASONABLY MAY BE CONSIDERED AS BEING LOANED TO THE UNITED STATES FOR THE PURPOSE OF APPLYING THE ABOVE QUOTED RULE. ACCORDINGLY, THE CITED APPROPRIATION MAY BE CONSIDERED AS AVAILABLE FOR THE COST OF ANY REPAIRS DETERMINED TO BE NECESSARY FOR THE CONTINUED USE OF THE TYPEWRITER FOR GOVERNMENT SERVICE.