B-91607, OCT 25, 1972

B-91607, OCT 25, 1972

CIVILIAN PERSONNEL - DAMAGE TO PERSONAL PROPERTY - GAO JURISDICTION OVER CLAIMS CONCERNING A REQUEST BY THE FEDERAL AVIATION ADMINISTRATION TO BE PERMITTED TO CERTIFY FOR PAYMENT THE CLAIMS OF TWO OF ITS EMPLOYEES FOR DAMAGES IN CONNECTION WITH THE SHIPMENT OF HOUSEHOLD EFFECTS INCIDENT TO GOVERNMENT SERVICE. IT IS NOT WITHIN THE JURISDICTION OF GAO TO CONSIDER CLAIMS FOR DAMAGES FOR LOSS OF, OR DAMAGE TO, PERSONAL PROPERTY OF EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION, PUBLIC LAW 88-558, AS AMENDED. IN THE ABSENCE OF ANY OVERALL POLICIES PRESCRIBED BY THE PRESIDENT PURSUANT TO 31 U.S.C. 241(B)(1), SUCH CLAIMS ARE FOR CONSIDERATION UNDER THE REGULATIONS OF THE EMPLOYING AGENCY. ANY SUCH CLAIM IS THUS TO BE CONSIDERED BY THE SECRETARY OF TRANSPORTATION, OR HIS DESIGNEE, AND SETTLEMENT THEREOF, IF IN ACCORDANCE WITH THE ABOVE-NOTED STATUTES AND APPROPRIATE REGULATIONS, WOULD BE FINAL AND CONCLUSIVE. SEE B 169236, APRIL 21, 1970.

TO MR. R. J. SCHULLERY:

BY LETTER DATED FEBRUARY 3, 1972, YOU REQUESTED OUR OPINION AS TO WHETHER THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES' CLAIM ACT OF 1964, PUB. L. 88-558, AS AMENDED, 31 U.S.C. 240-243, WOULD PERMIT YOU TO CERTIFY FOR PAYMENT THE CLAIMS OF TWO EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRATION FOR DAMAGES IN CONNECTION WITH THE SHIPMENT OF HOUSEHOLD EFFECTS INCIDENT TO GOVERNMENT SERVICE.

WITH RESPECT TO A REQUEST BY A CERTIFYING OFFICER FOR AN ADVANCE DECISION OF THE COMPTROLLER GENERAL, WE INVITE YOUR ATTENTION TO SECTION 23.5 OF TITLE 7, GAO POLICY AND PROCEDURES MANUAL, WHICH PROVIDES AS FOLLOWS:

"A CERTIFYING OFFICER HAS THE RIGHT TO APPLY FOR AND OBTAIN A DECISION BY THE COMPTROLLER GENERAL ON ANY QUESTION OF LAW INVOLVED IN A PAYMENT ON ANY VOUCHER PRESENTED FOR CERTIFICATION. (31 U.S.C. 82D). A REQUEST FOR SUCH A DECISION MUST BE ACCOMPANIED BY A COPY OF THE VOUCHER AND OF EACH SUPPORTING DOCUMENT INVOLVED."

WHILE NO VOUCHERS ACCOMPANIED YOUR REQUEST, IN VIEW OF ITS NATURE AND OUR OFFICE'S PREVIOUS RULING IN THIS REGARD, THE FOLLOWING INFORMATION IS FURNISHED.

THE STATUTE IN QUESTION, AT 31 U.S.C. 241(B)(1), PROVIDES IN PERTINENT PART:

"SUBJECT TO ANY POLICIES THE PRESIDENT MAY PRESCRIBE TO EFFECTUATE THE PURPOSES OF THIS SUBSECTION AND UNDER SUCH REGULATIONS AS THE HEAD OF AN AGENCY *** MAY PRESCRIBE, HE OR HIS DESIGNEE MAY SETTLE AND PAY A CLAIM ARISING *** AGAINST THE UNITED STATES FOR NOT MORE THAN $6,500 MADE BY *** A CIVILIAN OFFICER OR EMPLOYEE OF THAT AGENCY FOR DAMAGE TO, OR LOSS OF, PERSONAL PROPERTY INCIDENT TO HIS SERVICE. IF THE CLAIM IS SUBSTANTIATED AND THE POSSESSION OF THAT PROPERTY IS DETERMINED TO BE REASONABLE, USEFUL, OR PROPER UNDER THE CIRCUMSTANCES, THE CLAIM MAY BE PAID ***."

THE STATUTE FURTHER PROVIDES, AT 31 U.S.C. 242, THE FOLLOWING:

"NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SETTLEMENT OF A CLAIM UNDER SECTIONS 240 TO 243 IS FINAL AND CONCLUSIVE."

IN VIEW OF THE ABOVE-QUOTED PROVISIONS OF PUBLIC LAW 88-558, AS AMENDED, IT IS NOT WITHIN THE JURISDICTION OF OUR OFFICE TO CONSIDER CLAIMS FOR DAMAGES FOR LOSS OF, OR DAMAGE TO, PERSONAL PROPERTY OF EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION. IN THE ABSENCE OF ANY OVERALL POLICIES PRESCRIBED BY THE PRESIDENT PURSUANT TO 31 U.S.C. 241(B)(1), SUCH CLAIMS ARE FOR CONSIDERATION UNDER THE REGULATIONS OF THE EMPLOYING AGENCY. ANY SUCH CLAIM IS THUS TO BE CONSIDERED BY THE SECRETARY OF TRANSPORTATION, OR HIS DESIGNEE, AND SETTLEMENT THEREOF, IF IN ACCORDANCE WITH THE ABOVE- NOTED STATUTES AND APPROPRIATE REGULATIONS, WOULD BE FINAL AND CONCLUSIVE. SEE B-169236, APRIL 21, 1970.