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B-149372 1 (1975-12-18)

handle is hein.gao/gaobaddul0001 and id is 1 raw text is: THE COMPTROLL.:R GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 tNITL VD FILE: B-149372 MATTER OF: DATE: DEC 18 9175 0 q)I I DIGEST: The General Counsel of the Department of the Treasury has asked, in effect, that we reconsider our decision at 54 Comp. Gen. 624, dated January 28, 1975, in which we held that funds appropriated for the operations of the Secret Service were not available for Secret Service protection of the Secretary of the Treasury, and that protection of the Secretary provided thereafter by the Secret Service should be on a reimbursable basis pursuant to 31 U.S.C. § 636(a) (1970), with reimbursement to be made from funds appropriated f6r salaries and expenses for the Office of the Secretary of the Treasury. In connection with the request for recon- sideration, the General Counsel proposed, and we agreed, that the protection of the Secretary continue .to be funded Secret Service Protection of the Secretary of the Treasury 1. Holding in 54 Comp. Gen. 624 (1975) that funds appropriated to Secret Service are not available for protection of Secretary of Treasury because authorizing legislation, 18 U.S.C. 9 3056(a) (1970), does not include Secretary among those entitled to protection, is reaffirmed. Admin- istrative transfer to Secret Service of function of protecting Secretary does not, without more, make Secret Service appropriations available for that purpose. 2. Because intended use of Secret Service appropria- tion for protection of Secretary of Treasury was disclosed to and apparently acquiesced in by Congrcss in connection with fiscal year 1976 appropriation request that appropriation is avail- able for such protection. 3. Since purpose of 54 Comp. Gen. 624, to stop then unauthorized use of Secret Service funds for protection of Secretary of Treasury, has been achieved, Department apparently actad in good faith, and Congress has acquiesced in use of fiscal year 1976 Secret Service appropriation for protection of Secretary, no useful purpose would be served by requiring reimbursement of Secret Service appropriation from appropriation for Office of Secretary of Treasury for period from decision in 54 Comp. Gen. 624 until fiscal year 1976. 4-V

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