B-198451,L/M (A), JUN 19, 1980

B-198451,L/M: Jun 19, 1980

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SEC. 95A IS MANDATORY PROVIDED YOU DETERMINE THAT THE LOSS OCCURRED WITHOUT FAULT OR NEGLIGENCE ON THE PART OF THE DISBURSING OFFICER AND WHILE HE WAS IN LINE OF DUTY. THE CONTENTS OF THIS LETTER WILL BE INCLUDED IN A FUTURE REVISION OF TITLE 3.

B-198451,L/M (A), JUN 19, 1980

OFFICE OF GENERAL COUNSEL

CLIFFORD L. ALEXANDER, JR., SECRETARY OF THE ARMY:

ON MAY 2, 1980, THE COMPTROLLER GENERAL DELEGATED TO THE GENERAL COUNSEL THE AUTHORITY TO GRANT RELIEF TO MILITARY DISBURSING OFFICERS UNDER 31 U.S.C. SEC. 95A (1976) FROM LIABILITY FOR THE PHYSICAL LOSS OR DEFICIENCY OF GOVERNMENT FUNDS.

IN THE FUTURE, REQUESTS FOR RELIEF UNDER 31 U.S.C. SEC. 95A SHOULD BE ADDRESSED TO:

OFFICE OF THE GENERAL COUNSEL U. S. GENERAL ACCOUNTING OFFICE 441 G STREET, NW WASHINGTON, D. C. 20548

AS YOU KNOW, THE GRANTING OF RELIEF UNDER 31 U.S.C. SEC. 95A IS MANDATORY PROVIDED YOU DETERMINE THAT THE LOSS OCCURRED WITHOUT FAULT OR NEGLIGENCE ON THE PART OF THE DISBURSING OFFICER AND WHILE HE WAS IN LINE OF DUTY. HOWEVER, MANDATORY RELIEF UNDER SECTION 95A DOES NOT APPLY TO ACCOUNTABLE OFFICERS OTHER THAN DISBURSING OFFICERS (B-194782, AUGUST 13, 1979), NOR DOES IT APPLY TO LOSSES RESULTING FROM ILLEGAL OR ERRONEOUS PAYMENTS. ACCORDINGLY, REQUESTS FOR RELIEF UNDER SECTION 95A SHOULD INCLUDE ADEQUATE DOCUMENTATION TO ENABLE US TO DETERMINE THAT THE CASE PROPERLY FALLS UNDER THAT SECTION RATHER THAN ONE OF THE OTHER RELIEF STATUTES (E.G., 31 U.S.C. SECS. 82A-1 AND 82A-2).

THE CONTENTS OF THIS LETTER WILL BE INCLUDED IN A FUTURE REVISION OF TITLE 3, GAO POLICY AND PROCEDURES MANUAL FOR GUIDANCE OF FEDERAL AGENCIES.