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B-289288 1 (2002-07-03)

handle is hein.gao/gaocrptaock0001 and id is 1 raw text is: GAO ,Accountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 Decision Matter of: Availability of appropriations for counsel fees and other legal expenses incurred on behalf of a Department of Defense Dependents Schools employee File: B-289288 Date: July 3, 2002 DIGEST Under 10 U.S.C. § 1037, and the regulations and support agreements that implement it, the Navy, as the military department concerned, may expend its appropriations to provide legal services in defense of personal, nonofficial matters of Department of Defense Dependents Schools (DODDS) employees who are employed by and accompany American armed forces overseas. By virtue of 10 U.S.C. § 1037(c), the Navy's Operation and Maintenance appropriation was legally available to pay for legal services afforded the DODDS employee. DECISION The Financial Manager of the Department of Defense Dependents Schools (DODDS) Pacific Area Office requested an advance decision pursuant to 31 U.S.C. § 3529. The Navy's Staff Judge Advocate, COMFLEACT (Commander, Fleet Activities) Yokosuka, Japan, has asked DODDS to reimburse his office for court costs and attorney fees incurred in connection with employing counsel under 10 U.S.C. § 1037 to represent a DODDS employee charged and convicted in a Japanese court under Japanese law for the criminal possession of marijuana. The Financial Manager requests an advance decision on whether appropriated funds are available to pay legal fees in defense of personal, nonofficial matters, and if so, what appropriation is available for that purpose. As explained below, we find that, pursuant to 10 U.S.C. § 1037, appropriated funds are available to provide legal services of this nature, and the Navy, as the military department concerned, should use its Operation and Maintenance appropriation for these expenses.

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