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![handle is hein.gao/gaobadmsk0001 and id is 1 raw text is:
The Comptroller General
of the United States
Washington, D.C. 20548
Decision
Assessing Penalties on Delinquent Debts Owed to
Matterof: the Veterans Administration
File: B-222973
Date: June 8, 1987
DIGEST
Debts arising under Veterans Administration (VA) programs
are not subject to late payment penalties, or any of the
other charges prescribed by section 11 of the Debt Collec-
tion Act of 1982, 31 U.S.C. S 3717 (1982), since sec-
tion 3717(g)(1) of that Act defers to previously enacted
statutes that cover the same ground. Therefore, unless
otherwise provided in the contract under which they arise,
delinquent VA program debts may only be assessed the charges
provided for under 38 U.S.C. S 3115 (1982).
DECISION
The General Counsel of the Veterans Administration (VA) has
requested our opinion on whether, in view of the require-
ments of 38 U.S.C. S 3115 (1982), VA is required by
31 U.S.C. S 3717 (1982) to assess late payment penalties on
delinquent debts which arise under VA programs. As
explained below, we conclude that the penalty assessment
provisions of section 3717 do not apply to VA program debts.
BACKGROUND
In 1982, the Congress enacted 31 U.S.C. S 3717 as section 11
of the Debt Collection Act of 1982 (DCA), Pub. L. No. 97-
365, 96 Stat. 1749, 1755-56. According to its history, the
DCA was intended to put some teeth into Federal [debt]
collection efforts by giving the government the tools it
needs to collect these debts while safeguarding the legi-
timate rights of privacy and due process of debtors.1/
Although federal agencies had long had authority to assess
interest on delinquent debts under the common law, and the
1/ 128 Cong. Rec. S12328 (daily ed. Sept. 27, 1982)
(statement of Sen. Percy). See also S. Rep. No. 378,
97th Cong., 2d Sess. 1-4 (1982); 64 Comp. Gen. 142, 143
(1984).](ViewImageLocal?handle=hein.gao/gaobadmsk0001&div=1&collection=&method=preview&ext=.png&size=3)