[Reimbursement of FDA Employees for Private Attorney Fees Incurred in Federal Criminal Investigation]

B-251141: May 3, 1993

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The Food and Drug Administration (FDA) requested an advance decision on whether FDA appropriations could be used to reimburse employees for private attorney fees incurred incident to a federal criminal investigation. FDA contended that the employees should be reimbursed for the attorney fees, since: (1) the investigations concerned the performance of FDA functions; and (2) no charges resulted from the investigations. GAO held that FDA could not use its appropriations to reimburse the employees without the Department of Justice's approval. Accordingly, the matter should be referred to Justice for further consideration.

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