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B-170686 1 (1973-02-16)

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                      COMPTROLLER GENERAL OF THE     TES
                               WASHINGTON. D.C. 20548


      B-170686                                            F     6 1 J913

      The Honorable Henry S. Reuss
      Chairman, Subcommittee on Conservation and
        Natural Resources
(j/ J Committee on Government Operations
X     House of Representatives


      Dear Mr. Chairman:

            This letter is in further response to your letter of August 3,
       1972, in which you requested our advice on the steps taken by the
       General Accounting Office (GAO) and the Department of Justice to
       insure that any claim against a coal operator arising nde the
       Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. 801) is
       offset against any sum owed him by the United State s:. Th4 offset
       procedure was provided for in the Federal Claims Collection Stand-
       ards (4 C.F.R. 102.3) issued jointly by the Department of Justice and
       GAO, pursuant to authority in the Federal Claims Collection Act of
       1966 (31 U.S.C. 952).

            In our report Improvements Needed in the Assessment and
       Collection of Penalties- -Federal Coal Mine Health and Safety Act of
       1969 (B-170686, July 5, 1972), we concluded that the Federal Claims
       Collection Act and the implementing standards were applicable to the
       collection of civil penalties under the Federal Coal Mine Health and
       Safety Act of 1969.

            The Federal Claims Collection Standards (4 C.F.R. 102.3) con-
       tain the following provision relating to the offset of claims against sums
       owed to a creditor.

            Collections by offset will be undertaken administratively on
            claims which are liquidated [determined by agreement or
            litigation] or certain in amount in every instance in which
            this is feasible. * * * Appropriate use should be made of
            the cooperative efforts of other agencies in effecting col-
            lections by offset * * * and all agencies are enjoined to
            cooperate in this endeavor.


                                m6-oz3

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