B-198451.OM, (B), JUN 19, 1980

B-198451.OM, (B), JUN 19, 1980

SUBJECT: REVISION OF TITLE 3, POLICY AND PROCEDURES MANUAL B-198451-O.M.

DIRECTOR, FGMSD:

ON MAY 2, 1980, THE COMPTROLLER GENERAL DELEGATED THE AUTHORITY TO ME 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. B-198451-O.M., MAY 2, 1980 (COPY ATTACHED). THIS NEW DELEGATION RENDERS CERTAIN PORTIONS OF TITLE 3 OF THE GAO POLICY AND PROCEDURES MANUAL FOR GUIDANCE OF FEDERAL AGENCIES (3 GAO) OBSOLETE.

SINCE, IN ACCORDANCE WITH GAO ORDER 1540.1, YOUR DIVISION IS RESPONSIBLE FOR THE RELEVANT PORTIONS OF 3 GAO, WE ARE FORWARDING OUR SUGGESTED CHANGES FOR INCLUSION IN A FUTURE REVISION. THE SUGGESTED CHANGES ARE AS FOLLOWS:

(1) 3 GAO 57.3 (WHERE REQUESTS FOR RELIEF SHALL BE DIRECTED), CHANGE TO READ AS FOLLOWS:

"RELIEF OF ACCOUNTABLE OFFICERS FOR AMOUNTS UP TO $500 MAY BE GRANTED BY HEADS OF DEPARTMENTS AND AGENCIES. SEE 7 GAO . REQUESTS FOR RELIEF OF ACCOUNTABLE OFFICERS FOR AMOUNTS OF $500 OR MORE SHALL BE ADDRESSED TO THE OFFICE OF THE GENERAL COUNSEL, U. S. GENERAL ACCOUNTING OFFICE, 441 G STREET, NW., WASHINGTON, D. C. 20548."

(2) 3 GAO 57.5A (PROCEDURES FOR GRANTING RELIEF - NOTICE OF ACTION TAKEN), LINES 1 AND 2: DELETE THE WORDS "ON THE DOCUMENT ON WHICH RELIEF WAS REQUESTED AND." (REASON: OGC IS IN FACT NOT DOING THIS AND IT SHOULD THEREFORE BE LIMITED TO THE NOTICE OF EXCEPTION SITUATION.)

(3) 3 GAO 58.4 (FOR MILITARY DISBURSING OFFICERS):

(A) ADD NEW SENTENCE AT END OF FIRST PARAGRAPH, AS FOLLOWS:

"THIS AUTHORITY DOES NOT APPLY TO ACCOUNTABLE OFFICERS OTHER THAN DISBURSING OFFICERS, NOR DOES IT APPLY TO LOSSES RESULTING FROM ILLEGAL OR ERRONEOUS PAYMENTS."

(B) CHANGE SECOND PARAGRAPH TO READ AS FOLLOWS:

"REQUESTS FOR RELIEF MADE PURSUANT TO THIS ACT SHALL BE ACCOMPANIED BY DETERMINATIONS OF THE SECRETARY OF THE DEPARTMENT CONCERNED AND SHALL INCLUDE ADEQUATE DOCUMENTATION TO ENABLE THE GENERAL ACCOUNTING OFFICE TO DETERMINE THAT THE CASE PROPERLY FALLS UNDER 31 U.S.C. SEC. 95A RATHER THAN ONE OF THE OTHER RELIEF STATUTES. REQUESTS SHALL BE SUBMITTED TO THE OFFICE OF THE GENERAL COUNSEL. SEE SUBSECTION 57.3. THE DEPARTMENT WILL BE ADVISED OF THE ACTION OF THE GENERAL ACCOUNTING OFFICE WITH RESPECT TO MATTERS SUBMITTED UNDER THE AUTHORITY CITED IN THIS SUBSECTION."

TO PROVIDE INTERIM GUIDANCE PENDING REVISION OF 3 GAO, WE ARE SENDING LETTERS TO THE SECRETARIES OF THE ARMY, NAVY, AND AIR FORCE, AND THE COMMANDANT OF THE MARINE CORPS, COPIES OF WHICH ARE ATTACHED FOR YOUR INFORMATION.