B-156202, MAR. 9, 1965

B-156202: Mar 9, 1965

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THE AUTHORITY GRANTED UNDER THIS PROVISION OF LAW IS SIMILAR IN EFFECT TO THE EXTRAORDINARY AUTHORITY TO DETERMINE AND PRESCRIBE OBLIGATIONS FOUND IN MANY GOVERNMENT CORPORATION CHARTERS. ALTHOUGH THE FEDERAL HOUSING ADMINISTRATION IS NOT SPECIFICALLY CHARTERED AS A CORPORATION. IT IS DEFINED IN 31 U.S.C. 846 AS A . AT PAGE 432: "IT WAS NOT INTENDED UNDER THE REGULATIONS (PROMULGATED PURSUANT TO THE GOVERNMENT CORPORATION CONTROL ACT 31 U.S.C. 841) TO REQUIRE THE SUBMISSION TO THIS OFFICE OF CLAIMS AGAINST GOVERNMENT CORPORATIONS. SUCH A REQUIREMENT WOULD APPEAR TO BE INCONSISTENT WITH THE STATUTORY AUTHORITY GIVEN TO THE VARIOUS CORPORATIONS GENERALLY (1) TO SUE AND TO BE SUED IN THEIR OWN NAMES AND (2) TO SETTLE THEIR OWN CLAIMS OR TO HAVE THEIR FINANCIAL TRANSACTIONS TREATED AS FINAL AND CONCLUSIVE.

B-156202, MAR. 9, 1965

TO SHIPLEY, AKERMAN, PICKETT AND KERNS:

YOUR LETTER OF FEBRUARY 15, 1965, ON BEHALF OF MEADOWBROOK APARTMENTS, INC., MAKES CLAIM AGAINST THE UNITED STATES IN THE SUM OF $7,668, REPRESENTING A ONE PERCENT PREPAYMENT PENALTY COLLECTED BY THE FEDERAL HOUSING ADMINISTRATION (FHA) IN CONNECTION WITH THE REFINANCING OF AN FHA INSURED MORTGAGE BY YOUR CLIENT.

THE RESPONSIBILITIES OF THE GENERAL ACCOUNTING OFFICE DO NOT EXTEND TO THE REVIEW OF CLAIMS AGAINST THE NONAPPROPRIATED FUNDS OF THE FEDERAL HOUSING ADMINISTRATION, SINCE TO REQUIRE THE SUBMISSION OF SUCH CLAIMS TO THE GENERAL ACCOUNTING OFFICE WOULD BE INCONSISTENT WITH THE STATUTORY AUTHORITY GIVEN THE FEDERAL HOUSING ADMINISTRATION UNDER THE PROVISIONS OF 12 U.S.C. 1702. THE AUTHORITY GRANTED UNDER THIS PROVISION OF LAW IS SIMILAR IN EFFECT TO THE EXTRAORDINARY AUTHORITY TO DETERMINE AND PRESCRIBE OBLIGATIONS FOUND IN MANY GOVERNMENT CORPORATION CHARTERS, AND ALTHOUGH THE FEDERAL HOUSING ADMINISTRATION IS NOT SPECIFICALLY CHARTERED AS A CORPORATION, FOR THE PURPOSE OF THE GOVERNMENT CORPORATION CONTROL ACT, IT IS DEFINED IN 31 U.S.C. 846 AS A ,WHOLLY OWNED GOVERNMENT CORPORATION.' 38 COMP. GEN. 343. FURTHERMORE, WE POINTED OUT IN 27 COMP. GEN. 429, AT PAGE 432:

"IT WAS NOT INTENDED UNDER THE REGULATIONS (PROMULGATED PURSUANT TO THE GOVERNMENT CORPORATION CONTROL ACT 31 U.S.C. 841) TO REQUIRE THE SUBMISSION TO THIS OFFICE OF CLAIMS AGAINST GOVERNMENT CORPORATIONS. FACT, SUCH A REQUIREMENT WOULD APPEAR TO BE INCONSISTENT WITH THE STATUTORY AUTHORITY GIVEN TO THE VARIOUS CORPORATIONS GENERALLY (1) TO SUE AND TO BE SUED IN THEIR OWN NAMES AND (2) TO SETTLE THEIR OWN CLAIMS OR TO HAVE THEIR FINANCIAL TRANSACTIONS TREATED AS FINAL AND CONCLUSIVE, AND, ALSO, TO BE INAPPROPRIATE IN ANY CASE WHERE SUCH SUBMISSION WAS NOT DIRECTED BY SPECIFIC PROVISION OF LAW. * * *"

SINCE YOUR CLAIM IS THEREFORE NOT ONE FOR SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE AND OUR AUTHORITY OVER FINANCIAL TRANSACTIONS OF THE FEDERAL HOUSING ADMINISTRATION IS RESTRICTED TO THE MAKING OF A REPORT OF EACH AUDIT THEREOF TO THE CONGRESS (31 U.S.C. 851), WE CANNOT CONSIDER THE INSTANT CLAIM AT YOUR REQUEST.