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B-198202 1 (1980-12-29)

handle is hein.gao/gaobaditq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-198202 DATE: December 29, 1980 MATTER OF: Thomas E. Witter v. Pennsylvania National Guard, 462 F. Supp. 299 (1978 a LAvailability of funds o reimburse state tfi cost of DIGEST: judgment Appropriated funds under 31 U.S.C. 724a or otherwise are not available to reimburse the Commonwealth of Pennsylvania the cost of judgment in Witter v. Pennsylvania National Guard, where the United States was not a party to the suit. The judgment was against the state as employer which improperly refused to reinstate National Guard civilian employee to his former position upon his release from active duty. By letter dated March 21, 1980, Lieutenant General La Vern E. Weber, USA, Chief, National Guard Bureau, requested an advance decision as to whether appropriated funds are available to reimburse the Camonwealth of Pennsylvania the amount of $5,326.53 which it paid as damages pursuant to a judgment in the case of Thomas C. Witter v. Pennsylvania National Guard, 462 F. Supp. 299 (1978). Although the United States was not named a defendant in that case we are asked whether funds are available for reimbursement to the state in view of the fact that the Federal Government provides the funds for technicians salaries and since an adjutant general of a state National Guard has been held to be an agent of the United States pursuant to the National Guard Technicians Act of 1968, 32 U.S.C. 709 in matters concerning the employment of such technicians. See Chaudoin v. Atkinson, 494 F. 2d 1323, 1329 (3d Cir. 1972). The Bureau asserts that the United States was an appropriate party to the action and that the judgment would have run against the United States, but for the failure of the Adjutant General of the Pennsylvania National Guard-to request Federal representation by the Department of Justice in the judicial proceeding. The Bureau also suggests the

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