B-196171(2), FEB 1, 1980

B-196171(2): Feb 1, 1980

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

AS YOU WERE INFORMED BY LETTER OF SEPTEMBER 24. YOU WERE INFORMED THAT THE CLAIM WAS BEING CONSIDERED FOR REPORTING TO CONGRESS UNDER THE PROVISIONS OF THE MERITORIOUS CLAIMS ACT. WE HAVE CONSIDERED MR. PLATNICK'S CASE AND FIND THAT THE DISALLOWANCE OF HIS CLAIM WAS PROPER. WE FIND THAT THE TYPE OF CLAIM INVOLVED IS INAPPROPRIATE FOR REPORTING TO CONGRESS UNDER THE MERITORIOUS CLAIMS ACT. WE HAVE USED THE ACT ONLY IN CASES INVOLVING EQUITABLE CIRCUMSTANCES OF AN UNUSUAL NATURE WHICH ARE UNLIKELY TO CONSTITUTE A RECURRING PROBLEM. ON SEVERAL OCCASIONS WE HAVE DENIED REIMBURSEMENT TO CLAIMANTS WHO THROUGH NO FAULT OF THEIR OWN OCCUPIED TEMPORARY QUARTERS WITHOUT REIMBURSEMENT DUE TO ERRONEOUS INFORMATION OR ADMINISTRATIVE PROBLEMS.

B-196171(2), FEB 1, 1980

PRECIS-UNAVAILABLE

THOMAS S. FOLEY, HOUSE OF REPRESENTATIVES:

WE AGAIN REFER TO YOUR LETTER OF SEPTEMBER 24, 1979, WITH ENCLOSURES, REGARDING YOUR INTEREST IN THE CLAIM OF YOUR CONSTITUENT, ALLEN H. PLATNICK. AS YOU WERE INFORMED BY LETTER OF SEPTEMBER 24, 1979, WITH ENCLOSURE, FROM OUR CLAIMS DIVISION, MR. PLATNICK'S CLAIM HAD BEEN DENIED BECAUSE OF THE LACK OF ANY STATUTORY AUTHORITY TO REIMBURSE MR. PLATNICK FOR CERTAIN TEMPORARY QUARTERS AND MISCELLANEOUS EXPENSES HE INCURRED DUE TO THE DELAY IN HIS OFFICIAL TRANSFER FROM A CIVILIAN POSITION WITH THE ARMY TO A CIVILIAN POSITON WITH THE AIR FORCE. ADDITIONALLY, YOU WERE INFORMED THAT THE CLAIM WAS BEING CONSIDERED FOR REPORTING TO CONGRESS UNDER THE PROVISIONS OF THE MERITORIOUS CLAIMS ACT, 31 U.S.C. SEC. 236 (1976).

WE HAVE CONSIDERED MR. PLATNICK'S CASE AND FIND THAT THE DISALLOWANCE OF HIS CLAIM WAS PROPER. FURTHER, WE FIND THAT THE TYPE OF CLAIM INVOLVED IS INAPPROPRIATE FOR REPORTING TO CONGRESS UNDER THE MERITORIOUS CLAIMS ACT. THAT ACT AUTHORIZES THE COMPTROLLER GENERAL TO SUBMIT CLAIMS TO CONGRESS WITH HIS RECOMMENDATIONS WHEN THE CLAIM MAY NOT BE PAID DUE TO THE LACK OF AN APPLICABLE APPROPRIATION BUT THE CLAIM HAS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO DESERVE CONGRESS' CONSIDERATION. GENERALLY, WE HAVE USED THE ACT ONLY IN CASES INVOLVING EQUITABLE CIRCUMSTANCES OF AN UNUSUAL NATURE WHICH ARE UNLIKELY TO CONSTITUTE A RECURRING PROBLEM.

ON SEVERAL OCCASIONS WE HAVE DENIED REIMBURSEMENT TO CLAIMANTS WHO THROUGH NO FAULT OF THEIR OWN OCCUPIED TEMPORARY QUARTERS WITHOUT REIMBURSEMENT DUE TO ERRONEOUS INFORMATION OR ADMINISTRATIVE PROBLEMS. SUCH CASES WERE NOT DEEMED APPROPRIATE FOR REPORTING TO CONGRESS UNDER THE ACT. SEE E.G. BERTIL PETERSON, B-191039, JUNE 16, 1978; BEVERLY K. HANSEN, B-186162, SEPTEMBER 20, 1976; COPIES ENCLOSED.

ACCORDINGLY, AS MR. PLATNICK'S CASE FAILS TO MEET THE CRITERIA OF BEING OF AN UNUSUAL NATURE OR OF BEING UNLIKELY TO REOCCUR, IT IS INAPPROPRIATE FOR REPORTING TO CONGRESS.