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B-176229 1 (1977-09-22)

handle is hein.gao/gaobadfbf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, O. C. 20548 SEP 2 2 1977 FILE:DAE FILi -176229' DATE- MVATTER OF: Reimbursement by United States of Ivlonies Paid Pursuant to Settlement of Suit Against Govern- DIGEST: ment Employees 1. Liability for settlement of civil action against Drug Enforcement Administration employees for acts committed while in performance and as part of official duties may be assumed by United States, 2. Appropriations for Drug Enforcement Admin- istration operations are available to reimburse employees for payments settling suit against them for acts committed while in performance and as part of official duties, Permanent in- definite appropriatiovfior payment of judgments (31 U. S. C. 5 724a) is not available for this purpose. This is in response to a request for an advance decision from the Administrator of the Drug Enforcement Administration (DEA), United States Department of Justice, as to the propriety of paying a fine or judgment rendered against an officer or employee for acts allegedly done in the discharge of an official duty when the officer or employee is sued in his individual capacity. The Ad- ministrator asks further, if the agents can be reimbursed, whether reimbursement should be made from DEA's Salaries and Expenses appropriation for the year in which the judgment was levied, or from the permanent indefinite appropriation for the payment of judgmeits against the United States, established under 31 U. S. C. $ 724a(1970), as amended. It should be noted at the outset that although the Administrator refers to a fine or judgment rendered against the employees in- volved in the case which gave rise to his inquiry, there was in fact no judgment against the agents; rather, the suit against them was voluntarily dismissed by agreement of the parties. The impli- cations of this distinction will be discussed further, infra. -I -

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