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B-300829 1 (2004-04-04)

handle is hein.gao/gaobadqyt0001 and id is 1 raw text is: Accountability - Integrity - Reliability United States General Accounting Office Washington, DC 20548 B-300829 April 4, 2004 Andrew S. Natsios Administrator U.S. Agency for International Development Subject: Availability of funds under 31 U.S.C. § 3721 Dear Mr. Natsios: This responds to a request from the U.S. Agency for International Development (USAID) for our opinion on the availability of USAID appropriations to pay for damages to a car owned by a USAID employee, Letter from Shirl E. Hendley, Chief, Travel and Transportation Division, U.S. Agency for International Development, to Comptroller General David M. Walker, January 9, 2003. worked at the U.S. Embassy in La Paz, Bolivia, and, while at work, parked her car in one of the Embassy's parking lots. A flood of the parking lot destroyed the car. We understand that USAID has reimbursed for her loss. As explained below, we do not object to USAID using its appropriations for this purpose. The payment of employee claims for damage to, or loss of, personal property is governed by the Military Personnel and Civil Employees' Claims Act, 31 U.S.C. § 3721. While agencies have discretion in resolving claims for payment under this act, agency discretion is circumscribed by the requirement that the settlement be in accordance with statutory criteria and applicable regulations. 62 Comp. Gen. 641, 642 (1983) (GAO does not have jurisdiction to question another agency's settlement as long as it was made in accordance with the statutory criteria and applicable regulations). USAID's Chief, Travel and Transportation Division, asked for our opinion to ensure that USAID's resolution complied with the statutory criteria of 31 U.S.C. § 3721 and applicable regulations. By letter of July 9, 2003, we asked for USAID's justification for reimbursing Letter from Tom Armstrong, Assistant General Counsel, GAO, to John Gardner, General Counsel, USAID, July 9, 2003. Under 31 U.S.C. § 3721, The head of an agency may settle and pay... a claim against the Government... by an officer or employee of the agency, for damages to, or loss of, personal property incident to service. 31 U.S.C. § 3721(b). USAID General Counsel John Gardner eplained that USAI.D had considered both State Department policy, as established in

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