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A-65768 1 (1981-03-16)

handle is hein.gao/gaobabjda0001 and id is 1 raw text is: 3 GAO 77 United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Referto: A-65768 March 16, 1981 Mr. Larry L. Simms Acting Assistant Attorney General Office of Legal Counsel to . t-- .. Dear Mr. Simms: On January 7 1981, we forwarded to the Attorney General for his consideration a inal regulation to amend tre Federal Claims Collection Act Standards~which are issued jointly by the Attorney General and the Comptroller General pursuant to Section 3 of the Federal Claims Collection Act of 1966 (31 U.S.C. § 982). On January 29, 1981, the President issued a Memorandum directing agencies to postpone the promulgation of any final rules for 60 days from the date of the Memorandum. Although the Comptroller General is not bound by the terms of the Memorandum, the Attorney General is bound by its requirements. Consequently, we were informed by Ms. Carol illiams of your staff that these regulations are not to be signed until the expiration of the 60- day moratorium. However, we question the need to wait 60 days to sign the regulations since the Memorandum specifically exempts from its requirements matters relating to agency management (paragraph 5(d)). :4 We note that there is nothing in the Memorandum requiring that the regulations relating to agency management must be issued by the agency affected. That these regulations relate to agency management is clear. The Federal Claims Collection Standards prescribe: * * * standards for the administrative collection, compromise, termination of agency collection, and the referral to ile General Accoitting Office, and Lo the Department of Justice for litigation, of civil claims by the Federal Government for money or property. Additional guidance is contained in Title 4 of the General Accounting Office Manual for Guidance of Federal Agencies. Regulations prescribed by the head of an agency per suant to secti-on 3 o fl th. Federal Claims Collection Act of 1966 will be reviewed by the General Accounting Office as a part of its audit of the agency's activities. 4 C.F.R. § 101.1 /I

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