B-129004, OCT. 25, 1956

B-129004, OCT. 25, 1956

TO AUTHORIZED CERTIFYING OFFICER, HOUSING AND HOME FINANCE AGENCY:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 1, 1956, FORWARDING A MEMORANDUM DATED SEPTEMBER 14, 1956, FROM GEORGE H. HUDSON, DIRECTOR, GENERAL SERVICES BRANCH, HOUSING AND HOME FINANCE AGENCY, TO YOU, IN WHICH HE TAKES EXCEPTION TO OUR DECISION B-129004, DATED SEPTEMBER 6, 1956, AND REQUESTS THAT IT BE CANCELLED.

UNDER TITLE 31, U.S.C. SECTION 82C, CERTIFYING OFFICERS ARE "ACCOUNTABLE FOR AND REQUIRED TO MAKE GOOD TO THE UNITED STATES" THE AMOUNT OF ANY ILLEGAL, IMPROPER, OR INCORRECT PAYMENT RESULTING FROM THEIR ERRONEOUS CERTIFICATE AS WELL AS FOR ANY PAYMENT WHICH DID NOT REPRESENT A LEGAL OBLIGATION UNDER THE APPROPRIATION INVOLVED. SUCH OFFICERS FOR THEIR PROTECTION AND IN THE INTERESTS OF THE UNITED STATES ARE PRIVILEGED TO OBTAIN FROM THE COMPTROLLER GENERAL, AND HE IS REQUIRED TO RENDER A DECISION ON ANY QUESTION OF LAW INVOLVED IN A PAYMENT OF A VOUCHER PRESENTED TO THEM FOR CERTIFICATION. 31 U.S.C. 82D. OUR DECISION OF SEPTEMBER 6, 1956, WAS RENDERED PURSUANT TO THAT STATUTORY AUTHORITY AT YOUR REQUEST AS A CERTIFYING OFFICER AND, OF COURSE, IS NOT SUBJECT TO CANCELLATION AT THE REQUEST OF MR. HUDSON, THE PERSON WHO ASSERTED THE CLAIM AGAINST THE UNITED STATES ABOUT WHICH THE DOUBT AROSE.

THE DECISION IN QUESTION WAS BASED UPON THE GENERAL RULE THAT GOVERNMENT EMPLOYEES, OUT OF THEIR SALARY AND AUTHORIZED PER DIEM ALLOWANCES WHEN IN A TRAVEL STATUS OR OTHER PRIVATE MEANS, ARE REQUIRED TO SUBSIST THEMSELVES AT THEIR OWN EXPENSE AND THAT NO AUTHORITY WAS KNOWN OR CITED WHEREBY THEY, EVEN UNDER UNUSUAL WORKING CONDITIONS, WERE ENTITLED TO BE FURNISHED COFFEE AT GOVERNMENT EXPENSE OR ANY APPROPRIATION AVAILABLE FOR THE PURPOSE, AND HAVING IN MIND THAT THE INCURRING AND PAYMENT OF GOVERNMENT OBLIGATIONS ARE MATTERS FOR THE ATTENTION OF OFFICERS OF THE GOVERNMENT DULY AUTHORIZED TO MAKE CONTRACTS AND DISBURSEMENTS ON ITS BEHALF, THE RULE WAS APPLIED THAT A PERSON NOT LEGALLY AUTHORIZED OR REQUIRED TO INCUR AND PAY OBLIGATIONS MAY NOT, BY PAYING SUCH OBLIGATIONS, CREATE A VALID CLAIM IN HIS FAVOR AGAINST THE UNITED STATES.

A PERSON NOT AUTHORIZED OR REQUIRED BY LAW TO PAY THE OBLIGATIONS OF ANOTHER BUT WHO NEVERTHELESS DOES SO IS REFERRED TO AS A VOLUNTEER (OR VOLUNTARY CREDITOR), 44 WORDS AND PHRASES, VOLUNTEER, PAGE 443. THE TERM CARRIES NO CONNOTATION AS TO THE MOTIVES OF THE VOLUNTARY CREDITOR, WHICH MAY AS IN THIS CASE BE BEYOND CRITICISM. UNDER GENERAL RULES OF LAW THE VOLUNTARY CREDITOR IS NOT ENTITLED TO RECOVER THE AMOUNT FROM THE PERSON ON WHOSE BEHALF HE MAKES THE PAYMENT. THE APPLICATION OF THAT RULE--- WHICH APPEARS PARTICULARLY APPROPRIATE WHERE DOUBT EXISTS WHETHER THE AMOUNT PAID IN FACT WAS A VALID OBLIGATION OF THE GOVERNMENT--- IS SET FORTH IN THE DECISIONS OF THE ACCOUNTING OFFICERS CITED IN OUR DECISION OF SEPTEMBER 6, 1954. THE REFERENCE THEREIN TO 31 U.S.C. 665 IS MADE MERELY TO SHOW THAT CERTAIN EXCEPTIONS TO THE RULE,"EMERGENCIES INVOLVING THE SAFETY OF HUMAN LIFE OR THE PROTECTION OF PROPERTY," ARE RECOGNIZED IN THE CODIFIED LAWS OF THE UNITED STATES. THE FACT THAT MR. HUDSON DID NOT, WHEN HE PURCHASED THE COFFEE, ATTEMPT TO OBLIGATE THE UNITED STATES, AND THEN "DID NOT SERIOUSLY THINK REIMBURSEMENT WOULD BE FORTHCOMING FROM THE FEDERAL GOVERNMENT"--- WHEN HE LATER CLAIMED THE AMOUNT--- IS NOT DEEMED SUFFICIENT TO CLASSIFY HIM OTHERWISE. HOWEVER, THE CIRCUMSTANCES SURROUNDING HIS PURCHASE OF THE COFFEE AND HIS MOTIVES IN DOING SO ARE FULLY APPRECIATED, AND NOTHING SET FORTH IN OUR DECISION TO YOU IS IN ANY WAY DEROGATORY TO MR. HUDSON OR QUESTIONS HIS GOOD FAITH.

WE TRUST THAT THIS LETTER WILL CLARIFY OUR PRIOR DECISION AND THE BASIS THEREFOR.