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B-212222 1 (1983-08-23)

handle is hein.gao/gaobadlgt0001 and id is 1 raw text is: /I i/ 7 v I I - • - - THE COMPTROLLER GENERAL OECISION T, OP THE UNITED ETATES jb WASH4INGTON. O.C. 920548 ILEZB_212222 DATE: Augst 23, 1983 MATTER OF:Debt Collection-Administrative Offset and Interest against State and local governments. DIGEST: / Sections 10 and 11 of the Debt Collection Act of 1982, 31 U.S.C. SS 3716 and 3717, authorize use of administrative offset and assessment of inter- est and other charges when collecting debts owed to Federal Government by persons. Statute fur- ther defines person as not including agencies of State or local governments. Absent any indica- tion of contrary legislative intent, sections 10 and 11 are not exclusive and do not prohibit use of offset or charging of interest against State or local governments when and to the extent autho- rized by some other statute or under the comion law. The Department of Agriculture has requested our decision con- cerning the meaning and effect of sections 10 and 11 of the Debt Collection Act of 1982, 96 Stat. 1749, 1754-1756. The question is whether these sections prohibit the use of administrative offset and the assessment of interest, processing and handling fees, or late payment penalty charges on debts owed to the Federal Government by State and local governments. As is explained below, we think they do not. Instead, it is our opinion that the language at issue simply exempts debts owed by State and local governments from the requirements of sections 10 and 11 of the Debt Collection Act. Such debts are still subject to administrative offset or the assessment of interest and other charges whenever authorized by other statutes or principles of common law. The Debt Collection Act of 1982 made several amendments to the Federal Claims Collection Act of 1966 (FCCA), 31 U.S.C. S 3701 et se. (formerly 31 U.S.C. S 951 et s .). Section 10 of the Debt Collection Act added a new section 5 to the FCCA which authorizes agencies to collect a claim from a person by means of administra- tive offset. Section 11 amended section 3 of the FCCA to direct agencies to assess interest, processing and handling charges, and penalties on debts owed by persons under certain circumstances. Sections 10 ard 11 have been codified as 31 U.S.C. SS 3716 and 3717 .respectively. Pub. L. No. 97-452 (January 12, 1983), 96 Stat. 2467, 2471-72. 0O GLl 1 -

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