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B-196804 1 (1980-07-01)

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OICE OFr GEERAL COUNSCUl


UNITED STATES GENERAL ACCOUNTING OFFICE
        WASHINGTON, D.C. 20548


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8-196804 '


Mr. Wayne McKeel
Deputy Controller
Agency  for International
Washington,  Do C. 20523


Development


Dear Mr. Mclteel:


     Mr. John  P. Blumgart, an employee  of the Agency for
International  Development (AID),  has written this Office
requesting  relief from liability  for $424 of Government
funds  that he lost in Mali on April  16, 1974, while he was
traveling on  official business.  A  copy of this letter
with  its attachments is enclosed.  Mr.  Blumgart states
that since  the date of the loss, he  has attempted without
success  to resolve the relief question  with AID.  With 0
view toward  the early resolution of tr`.Blumgart's request
for relief,  we are providing the  following information
regarding authority  and procedures  available to AID in
granting or  denying this request.

     A threshold  question involves whether  or not Mr. Blumgart
occupied  the status of an accountable  officer of Government
funds at the  time of the loss.  This  issue stems from the
fact that prior  to his departure  in 1974 on official travel
to several African  countries, he requested  and was given a
travel advance  of $4,750, which represented  funds for travel
expenses and  per diem as well as certain  operational funds that
were to be  used by him to help finance  major costs involved  in
the preparation  of three livestock projects  in Mauritania, Mali
and Senegal. The  entire amount was erroneously  clastified
as a travel  advance despite the fact  that the funds requested
were in excess  of travel expense and per  diem requirements
of the travel  itinerary.  In such circumstances  it is AID's
policy to designate  the employee as  a subcashier for funds
advanced  in excess of travel and per diem  requirements, which
apparently  through oversight was not done  in this case.

     Under decisions  of our Office, an  erployee who receives
a travel expense  advancement under  5 U.S.C. 5 5705, the statute
that authorizes  travel advancements,  is not considered an
accountable officer  for such funds  inasmuch as these advan.es
are in the nature  of a loan, as distinguished  fro2 Governrmernt


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