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B-178122 1 (1973-05-22)

handle is hein.gao/gaobaadoe0001 and id is 1 raw text is: W , L ff ,. COMFrTROLLER GENERALwOFTH EUNITED -1-ATES 1034 b-178121 lay 22,1973 The Honorable illiam P. Rogers. The Secretary of State Dear Kr* Secretary: This refers to the letter of Fbzvary 28, 1973, wth anclosures from H1r. charles . Broaver, Ativ4 g Z i Adviser, requestirg an advanc decision from our Office as to the propriety of paying the legal fees of Hr. John D. Hennwey, a former Forc.gu Service Officer of the Dopiiduv wvnt of State, under the circumstances related below. Mr. Hemenway, formerly a Foreign Serice Office r, initiated a grieva ce proceeding on September 26, 1969, under section 1820 of Volumo 3 of the Foreign Affairs Hanual. A arievance corsittae was established i'_ of October 22, 1969, On September 26, 19720 after lengthy hearings, the cmmnittee issued its rp.ort recotmending, among other things, that Mr. Ileamoway be reimburs d legal fees incurred by him in the prosecution of his grievance provided the Departnent had the necessary legal authority. Thin was concurred In by the Daputy Seen- tay of St its. Your acting logal adviser stated in ltter of February 28, 1973, that in connection with a previous grievanacf protoedI'g jhera the issue of legal expaneso was raised, the office of the legal adviser consid- ered the question of the StLtt Department's authority to pay such expensas, The legal adviser's opinion discussed the provisions of section 1031 of the Foreign Service Act of 1946, 12 U.S.C. 810, and nection 4 of Public Law 84-885, es amended. Section 1031 is an excep- tion xto the prchibitioa contained in 5 U.S.C. 3106 against dopartments othar than the Justice Department esuploying attorny for the cunduct of litigation in which the United Staten is ii party%. Section 1031 a4 codified in 22 U.S.C. 810 provides as follawntt 9810. Retention of cttorneys by r The Secretary may, without regard to sections 49 &nd 314 of Titlo 5, authorize a pxincipal officdt to procurt legal services whenever such srvices are requird for the protection of the intereots of the Covezmment or U. arable .Ti..SE'ZD ICISIOI 52.Ctmp. Gen4__.... L2--.S/r U'-4/

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