Review of the Social Security Administration's Integrity Function

Pursuant to internal request, GAO commented on whether the administrative costs of a Social Security Administration investigation could be recovered as a "cost of suit" under 31 U.S.C. 231. GAO noted that: (1) there were no cases specifically defining "costs of suit" under section 231, and the legislative history is silent on the subject; (2) it has been held that costs recoverable under mandatory cost provisions of federal statutes as "costs of suit" in civil actions are those costs normally allowable under a certain regulation and statute, but incidental and preparatory costs will not be included; (3) the investigation expenses were incurred incidental to trial, and therefore were not taxable as costs of suit; and (4) the expenses incurred in such administrative investigations were an ordinary burden of those agencies and were provided for in general appropriations.