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B-305919 1 (2006-03-27)

handle is hein.gao/gaocrptassy0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Department of Defense Accountable Officials-Local Nationals Abroad File: B-305919 Date: March 27, 2006 DIGEST The Department of Defense may use appropriated funds to employ foreign local nationals as Departmental Accountable Officials under 10 U.S.C. § 2773a even though foreign local nationals may not be subject to pecuniary liability under United States law. The Department of Defense should formulate a written policy addressing the consideration and circumstances under which local nationals may serve as Departmental Accountable Officials. DECISION A certifying officer at the headquarters of U.S. Army Materiel Command Europe has requested an advance decision under 31 U.S.C. § 3529 regarding the propriety of using appropriated funds to employ foreign local nationals as Departmental Accountable Officials' under 10 U.S.C. § 2773a. E-mail from Jerome J. Markiewicz to U.S. Government Accountability Office Redbook Queries, June 6, 2005 (Markiewicz e-mail). The certifying officer's inquiry stems from the fact that under treaties and other agreements between the United States and foreign governments, foreign local nationals employed by the United States abroad may not be subject to United States law that might otherwise pertain to their employment. One such law is 10 U.S.C. § 2773a, which authorizes the Secretary of Defense to designate civilian employees of the Department of Defense (DOD) as Departmental Accountable Officials. 1 This decision uses the term Departmental Accountable Officials to mean those employees designated as such under 10 U.S.C. § 2773a, and uses the term accountable officers to mean government employees who are otherwise responsible for government funds under Title 31 of the United States Code, such as disbursing and certifying officers.