B-141329, FEB. 26, 1960

B-141329: Feb 26, 1960

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TO THE SECRETARY OF THE TREASURY: REFERENCE IS MADE TO THE DISCUSSIONS WITH REPRESENTATIVES OF THE BUREAU OF THE BUDGET. IT IS OUR VIEW THAT WHILE THE TERMS OF 31 U.S.C. 156 DIRECT THE COMPTROLLER GENERAL OF THE UNITED STATES TO ALLOW CREDIT IN THE TREASURER'S ACCOUNT FOR ANY PAYMENTS MADE OUT OF THE TREASURY IN DUE COURSE WITHOUT NEGLIGENCE BY OR ON BEHALF OF THE TREASURER. THERE IS NOTHING CONTAINED THEREIN. THERE IS NOTHING IN THE PROVISIONS OF 31 U.S.C. 82A-2 OR IN ITS LEGISLATIVE HISTORY TO JUSTIFY A VIEW THAT THE TREASURER OF THE UNITED STATES MAY BE CONSIDERED A DISBURSING OFFICER WITHIN THE PURVIEW OF SUCH STATUTE. IN VIEW OF THE CONCLUSIONS EXPRESSED ABOVE WE HAVE NO OBJECTION TO THE PROPOSALS AGREED TO BY THE REPRESENTATIVES OF THE TREASURY DEPARTMENT.

B-141329, FEB. 26, 1960

TO THE SECRETARY OF THE TREASURY:

REFERENCE IS MADE TO THE DISCUSSIONS WITH REPRESENTATIVES OF THE BUREAU OF THE BUDGET, OFFICE OF THE FISCAL ASSISTANT SECRETARY OF THE TREASURY DEPARTMENT, AND THE GENERAL ACCOUNTING OFFICE, CONCERNING RELIEF GRANTED TO THE TREASURER, U.S., UNDER THE PROVISIONS OF 31 U.S.C. 156, AND THE ADJUSTMENT OF THE TREASURER'S ACCOUNT.

IT IS OUR VIEW THAT WHILE THE TERMS OF 31 U.S.C. 156 DIRECT THE COMPTROLLER GENERAL OF THE UNITED STATES TO ALLOW CREDIT IN THE TREASURER'S ACCOUNT FOR ANY PAYMENTS MADE OUT OF THE TREASURY IN DUE COURSE WITHOUT NEGLIGENCE BY OR ON BEHALF OF THE TREASURER, THERE IS NOTHING CONTAINED THEREIN, EITHER EXPRESSLY OR IMPLIEDLY, WHICH MAY BE SAID TO APPROPRIATE FUNDS TO ADJUST ANY DEFICIENCIES IN THE ACCOUNT OF THE TREASURER WHICH MAY RESULT FROM SUCH PAYMENTS. ALSO, THERE IS NOTHING IN THE PROVISIONS OF 31 U.S.C. 82A-2 OR IN ITS LEGISLATIVE HISTORY TO JUSTIFY A VIEW THAT THE TREASURER OF THE UNITED STATES MAY BE CONSIDERED A DISBURSING OFFICER WITHIN THE PURVIEW OF SUCH STATUTE.

IN VIEW OF THE CONCLUSIONS EXPRESSED ABOVE WE HAVE NO OBJECTION TO THE PROPOSALS AGREED TO BY THE REPRESENTATIVES OF THE TREASURY DEPARTMENT, BUREAU OF THE BUDGET, AND THE GENERAL ACCOUNTING OFFICE THAT WILL PROVIDE THE NECESSARY APPROPRIATION OF FUNDS TO EFFECT ADJUSTMENT OF THE TREASURER'S ACCOUNT FOR LOSSES FOR WHICH THE COMPTROLLER GENERAL OF THE UNITED STATES HAS GRANTED RELIEF.

IT IS UNDERSTOOD THAT ACTION WILL BE TAKEN, IN THE CONTEMPLATED 1960 SUPPLEMENTAL APPROPRIATION BILL, TO AMEND THE LANGUAGE OF THE 1960 APPROPRIATION MADE FOR THE OFFICE OF THE TREASURER OF THE UNITED STATES BY PROVIDING THAT IT MAY BE USED FOR THE ADJUSTMENT OF LOSSES FOR WHICH THE COMPTROLLER GENERAL OF THE UNITED STATES HAS GRANTED RELIEF DURING THE FISCAL YEAR 1960 OR PRIOR YEARS UNDER AUTHORITY OF 31 U.S.C. 156. IT IS ALSO UNDERSTOOD THAT LEGISLATION WILL BE PROPOSED TO AMEND SECTION 3 OF THE ACT APPROVED AUGUST 4, 1947, 61 STAT. 730, 31 U.S.C. 156 TO PROVIDE PERMANENT AUTHORITY TO CHARGE THE APPROPRIATION FOR THE TREASURER OF THE UNITED STATES, AT THE TIME RELIEF IS GRANTED BY THIS OFFICE, FOR LOSSES COMING WITHIN THE PURVIEW OF THE SUBJECT LAW.