About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-200007 1 (1981-09-17)

handle is hein.gao/gaobadjso0001 and id is 1 raw text is: DECISION FILE: B-200007 MATTER OF: [OILGEST: THE COMPTROLLER GENERAL [ ,OF THE UNITED STATES WA8I-INGTON. O.C. 2054B DATE: September 17, 1981 Army Self-Service Supply Centers-Sales of replacement items Proposed Army program which would permit a member of the service who loses, damages, or destroys an item of Govern- ment property issued for personal use to purchase a re- placement at an Army Self-Service Supply Center for a sum equivalent to the depreciated value of the item, and would automatically obligate the Government for the difference between the full purchase price and the depreciated price, is acceptable. GAO sees no violation of 31 U.S.C. § 628 since Army appropriations are available to pay such re- placement costs wholly or partially. The proposed program does not violate the Antideficiency Act, 31 U.S.C. § 665, per se, but Army must establish adequate funding controls to assure that no replacement purchases are authorized unless Army has sufficient funds available to cover its share. The Acting Assistant Secretary of the Army (Installations, Logistics and Financial Management) asks whether a proposed Army pro- gram is consistent with the intent of Title 31, U.S.C. §5 628 and 665(a). The program would permit a member of the service, who loses, damages, or destroys an item of Government property issued to him or her for personal use, to purchase a replacement at an Army Self- Service Supply Center for a sum equivalent to the value of the depre- ciated item. Appropriated funds would be obligated fcr the differ- ence between the purchase price of the replacement item and the amount paid by the individual soldier. The Army asks specifically whether the payment of such a depreciation allowance by the Government would constitute an unauthorized augmentation of private funds with appropriated funds in violation of 31 U.S.C. S 628. The Army also questions whether the procedure would violate subsection (a) of the Antideficiency Act, 31 U.S.C. § 665, since a soldier's purchase of a replacement item would result in an automatic obligation of appropriated funds for the amount of the depreciation. The proposed scheme of payment would not violate 31 U.S.C. § 628. Section 628 limits the availability of appropriations to the objects for which they are made. Under the Army proposal, the appropriated funds would be used for acquisition of replacement property, a purpose for which they are clearly available, even at full cost. Moreover, in

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most