B-197857 L/M, APR 8, 1980
Highlights
YOUR CONSTITUENTS REQUESTED THAT YOU DETERMINE WHETHER APPROPRIATED FUNDS WERE USED FOR THE PARTY AND. WHILE IT MAY BE SOMEWHAT DIFFICULT TO DETERMINE WHETHER A PARTICULAR WHITE HOUSE SOCIAL FUNCTION WAS "OFFICIAL" OR PRIVATE. THE PROPER USES OF THE FUNDS ARE BY NO MEANS LIMITED TO "DIPLOMATIC STATE FUNCTIONS. THE GENERAL ACCOUNTING OFFICE DOES NOT HAVE ANY INFORMATION ON THE PARTICULAR EVENT IN QUESTION. WE ARE REQUIRED BY LAW. TO PERIODICALLY EXAMINE THE CONFIDENTIAL EXPENDITURES OF THE EXECUTIVE RESIDENCE TO INSURE THAT MONIES ARE ONLY SPENT FOR AUTHORIZED PURPOSES. WE WILL TAKE THE ITEMS MENTIONED INTO CONSIDERATION DURING THOSE AUDITS. THE ACT COVERS ONLY AN "APPLICANT" WHO MAKES A "CLAIM" (THAT IS.
B-197857 L/M, APR 8, 1980
OFFICE OF GENERAL COUNSEL
BARRY GOLDWATER, UNITED STATES SENATE:
YOU RECENTLY TRANSMITTED A LETTER FROM MR. AND MRS. EARL FAUROT, OF TEMPE, ARIZONA, INQUIRING ABOUT A THANKSGIVING WEEKEND RECEPTION AT THE WHITE HOUSE HOSTED BY THE PRESIDENT'S SON. YOUR CONSTITUENTS REQUESTED THAT YOU DETERMINE WHETHER APPROPRIATED FUNDS WERE USED FOR THE PARTY AND, IF SO, THAT YOU URGE RECOVERY OF THE FUNDS BY MEANS OF A SUIT UNDER THE FALSE CLAIMS ACT, 31 U.S.C. SEC. 231 ET SEQ. (1976).
AS YOU KNOW, THE PRESIDENT HAS APPROPRIATIONS AVAILABLE FOR OFFICIAL ENTERTAINMENT. WHILE IT MAY BE SOMEWHAT DIFFICULT TO DETERMINE WHETHER A PARTICULAR WHITE HOUSE SOCIAL FUNCTION WAS "OFFICIAL" OR PRIVATE, THE PROPER USES OF THE FUNDS ARE BY NO MEANS LIMITED TO "DIPLOMATIC STATE FUNCTIONS," AS YOUR CONSTITUENTS SEEM TO SUGGEST. THE GENERAL ACCOUNTING OFFICE DOES NOT HAVE ANY INFORMATION ON THE PARTICULAR EVENT IN QUESTION. WE ARE REQUIRED BY LAW, HOWEVER, TO PERIODICALLY EXAMINE THE CONFIDENTIAL EXPENDITURES OF THE EXECUTIVE RESIDENCE TO INSURE THAT MONIES ARE ONLY SPENT FOR AUTHORIZED PURPOSES. SECTION 1, PUB. L. NO. 95-570. WE WILL TAKE THE ITEMS MENTIONED INTO CONSIDERATION DURING THOSE AUDITS.
WE SEE NO BASIS FOR APPLYING THE FALSE CLAIMS ACT, 31 U.S.C. SEC. 231 ET SEQ. (1976), IN THESE CIRCUMSTANCES. THE FALSE CLAIMS ACT PROVIDES GENERALLY FOR RECOVERY OF GOVERNMENT MONEY OBTAINED THROUGH THE FRAUD OR MISREPRESENTATION OF THE RECIPIENT. THE ACT COVERS ONLY AN "APPLICANT" WHO MAKES A "CLAIM" (THAT IS, A REQUEST OR DEMAND UPON THE UNITED STATES MADE WITH THE INTENT OF INDUCING THE GOVERNMENT TO PART WITH FUNDS, UNITED STATES V. NEIFERT-WHITE CO., 390 U.S. 228 (1968)). THE PARTY IN QUESTION DOES NOT APPEAR TO INVOLVE ANY VIOLATION OF THE FALSE CLAIMS ACT.
WE HOPE THIS WILL BE OF ASSISTANCE IN RESPONDING TO MR. AND MRS. FAUROT'S REQUEST.