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B-170686 1 (1973-02-16)

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o          I by the is1 ibution Sect.on, Publcations Branch, OAS
                     COMPTROLLER GENERAL OF THE UNITED STATES
                              WASHINGTON b C 20548

     B-17686RELEASED                                     FEB 1.6 1973



     The Honorable Henry S Reuss
     Chairman, Subcommittee on Conservation and
       Natural Resources
     Committee on Government Operations
     House of Representatives

     Dear Mr Chairman

           This letter is in further response to your letter of August 3,
      1972, in which you requested our advice on the steps taken by the
      General Accounting Office (GAO) and the Department of Justice to
      insure that any claim against a coal operator arising under the
      Federal Coal Mine Health and Safety Act of 1969 (30 U S C 801) is
      offset against any sum owed him by the United States The offset
      procedure was provided for in the Federal Claims Collection Stand-
      ards (4 C F R 102.3) issued jointly by the Department of Justice and
      GAO, pursuant to authority in the Federal Claims Collection Act of
      1966 (31 U S C 952)

           In our report Improvements Needed in the Assessment and
     Collection of Penalties- -Federal Coal Mine Health and Safety Act of
     1969 (B-170686, July 5, 1972), we concluded that the Federal Claims
     Collection Act and the implementing standards were applicable to the
     collection of civil penalties under the Federal Coal Mine Health and
     Safety Act of 1969

           The Federal Claims Collection Standards (4 C F R 102 3) con-
     tain the following provision relating to the offset of claims against sums
     owed to a creditor

           Collections by offset will be undertaken administratively on
           claims which are liquidated [determined by agreement or
           litigaton] or certain in amount in every instance in which
           this is feasible * * * Appropriate use should be made of
           the cooperative efforts of other agencies in effecting col-
           lections by offset * * * and all agencies are enjoined to
           cooperate in this endeavor.


                                          IO~7rq

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