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B-163922.53 1 (1979-04-30)

handle is hein.gao/gaobabjjm0001 and id is 1 raw text is: I 14 L ,COMPTROLLEfr GUNERAL OF THE IINITE() STATES WAShINITG0', D.C. U41 C; (~\ B-163922.53 The Honorable Ray Marshall The Secretary of Labor q Apr1l 30, 1979 To not It., lw ljgtT, .O Ij tidi puJj Dear Mr. Secretary; . This is in response to a letter from Alfred Zuck, AssistLtnt Secretary for Administration and anagement, Pepartment of Labor, requesting advice and assistane as to the mechanics of inter-agency offset and information us to specific programs or appropriations available forfoff set of a claim against the State of Rhode IslandJ The clalm in question arose from dis- allowed grant coats in a grant to the State under' the Emergency Employment Act of 1971 and wos the subject of our decision, ,-163922, February 10, 1978. In the course of preparing this response, we 11ed the Secretary of Transportation for his views concerntng the availatility of various high- vay Iunds for offs'et, W, re enclosing a copy of his letter in response, Identifying the Highway eautificatibn rora,123 T?91,5.O. § 131 (1976), and the Safer off-system Roads Program/I 23U,SCG. 51219 (1976)4 as icamples of programs from wh10 offset may be availa le, We recommend ttat you contact the Department of Transportation concerning offset from these programs of the amounts due from the State of Ehode Island, You will note that the Secretary's letter says tllat the Highway Trust Fund is not available for offset because of the limitation Ott expenditures from that fund set forth idSA3 U;S,C. § ll(d) (1976). We 4isagree with the Secretary's conclusion on the unaailability of Highway Trust Funds for offset based on 23 U.S.C, § 101(d) since offset Is not an expenditure within the terms of that subsectipn. Offset simply uses an obligation of the Government to a creditor to sitisfy a claim owed to the Government by the creditor, Accordingly, trust fund! offset from amounts due the State would, when takcn, be treated as if paid to the State in satisfaction of FHIWA obligations; i.e., offiuet would satisfy the claim of the State for reimbursement, Further, we are unable to distinguish, in this context, the limitation '1n 23 U.S.C. § 101(d) from the more general prohibition against spending uppropriated funds for other than the purposes for which they were appropriated (31 U.S..C. § 628 (1976)). The Secretary's argument would hwve the effecto if Iggically extended, of ending the Government's long recogn-.,zed right of offnet. 6o5-6 ?0 a, r '9. V q7st

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