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B-218989 1 (1986-01-27)

handle is hein.gao/gaobadmdu0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION * OP THE UNITED *TATEU WASHINGTON,.0..C. 20548 FILE: B-218989 DATE: January 27, 1986 MATTER OF: Debt Collection Due to Overpayment of Former President Ford's Staff DIGEST: 1. The General Services Administration may not ter- minate collection of a debt arising from the pay- ment of salaries in excess of the statutory maximum to the staff of former President Ford. Neither the head of an agency nor the General Accounting Office may terminate collection of a debt which exceeds $20,000. As the overpayments exceeded $20,000, only the Department of Justice has authority to terminate collection. 2. The General Services Administration should pro- ceed with collection of a debt arising from the payment of salaries in excess of the statutory maximum to the staff of former President Ford. Under the Federal Claims Collection Standards collection action may be terminated on the basis of a claim legally without merit only if there is no legal basis for recovery by the United States. An authorized official of the General Services Administra- tion (GSA) asks whether the agency should terminate collection action in regard to an overpayment during fiscal year 1980 for the staff of former President Ford under the, Former Presidents Act of 1958, as amended. As will be explained below, there exists no law or regulation which would authorize a termination of collection action and, therefore, the debt should be col- lected. The General Services Administration, however, may offset the debt against future payments made to former President Ford's staff as opposed to seeking repayment. BACKGROUND Under the Former Presidents Act of 1958, Pub. L. No. 85- 745, 72 Stat. 838, codified at 3 U.S.C. S 102 note# the Administrator of GSA provides former Presidents with an office staff. Under the law, the former President chooses his staff members and the GSA Administrator pays them, without regard to civil service and classification laws. However, the law limits the amount of funds which can be spent for this purpose. O5W~\o

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