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B-198458 1 (1980-08-06)

handle is hein.gao/gaobabjvc0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASH INGTON D.C. 20548/K3) B-198458 August 6, 1980 Mr. Max Cleland Administrator Veterans Administration Dear Mr. Cleland: This is in response to a request from Guy H. McMichael, General Counsel of VA, for-our advice concerning the Lapplica- bility of t4re statute of limitations oa i 28 ..C §-2-5 to administrative debt collection practice 1. That statute imposes a 6-year limitation on civil actions brought by the Government for money damages or to recover money erro- neously paid to a Federal employee or member of the uniformed services._ 28 U.S.C. §2415(a) and (d). Mr. McMichael refers to the conflicting views of the Department of Justice and our Office on the effect of this statute on the administrative collection of United States claims. By memorandum dated September 29, 1978, Mr. John M. Harmon, Assistant Attorney General, Office of Legal Counsel, sent the Office of Personnel Management %((OPM), formerly the Civil Service Commission) its opinion on the issue of'whether OPM could deduct, or administratively offset, against retirement or annuity payments, debts which could not be pursued in court because of the statute of limitations.' The-Assistant Attorney General concluded that the 6-year limitation extends to OPM's authority to administratively offset these claims. We took a contrary position in 58 Comp. Gen. 501 (1979). In that deci- sion our Office concluded that, based on our review of court decisions, prior Comptroller General decisions and the legis- lative history of the statute of limitations,, 28 U.S.C. §2415 has no application to administrative setoff. You expressed concern about the possible effect of this statute on the administrative debt collection activities described below and requested our views on the applicabilityof §2415 to these activities. 1. Reporting delinquent debts to credit bureaus. VA anticipates that Congress will enact legis- lation permitting VA to report delinquent debts to consumer reporting agencies. VA states the

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