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B-195188 1 (1981-06-17)

handle is hein.gao/gaobadjly0001 and id is 1 raw text is: THE COMPTRLLP MENEIMAL 0 THE NITEM STATE9 WAS HI NGTON, 0. C. 20548 FILE: B-195183 MATTER OF: DIGEST: DATE: June 17, 1981 Redwood Employees Protection Programn Secretary of Labor is authorized by Federal Claims Collection Act to compromise, suspend, or terminate collection of overpaid benefits made under Redwood Employee Protection Pro- gram pursuant to the Federal Claims Collec- tion Act, 31 U.S.C. §§ 951-953. B-171934, April 2, 1971, distinguished. This decision is in response to a request from the Acting Solicitor of the U.S. Department of Labor concerning the authority of the Secre- tary of Labor to compromise, suspend, or terminate the collection of overpayments made pursuant to the Redwood Employee Protection Program. The program provides rights and benefits to persons adversely affected by the expansion of the Redwood National Park. Act of March 27, 1978, Riab. L. To. 95-250, 92 Stat. 163, 172-182. The issue of overpayments to program beneficiaries is not addressed in the Act. The Labor submission does not mentio-any specific overpayments. Instead, it makes reference to an agency position based on an earlier Comptroller Cneral decision concerning the propriety of waiving over- payments under the Disaster Relief Act of 1970. The letter suggests, nonetheless, that overpayments under the Redwood Employee Protection Program may be compromised, suspended or terminated under the Federal Claims Collection Act, 31 U.S.C. §§ 951-953 and its implementing regu- lations. Under that Act, as implemented by the Federal Claims Collection Standards, 4 C.F.R. 101 et. seq., administrative agencies are required to take aggressive collection action on claims of the United States arising out of their activities. This includes the authority to compro- mise, terminate, or suspend collection action. See, e.g., 55 Comp. Gen. 1438, 1439 (1976). Specifically, 31 U.S.C. § 952(b) states, in pertinent part: With respect to such claims of the United States that have not been referred to another agency, including the General Account- ing Office, for further collection action and that do not exceed $20,000, exclusive of in- terest, the head of an agency or his designee, pursuant to regulations prescribed by him and in conformity with such standards as may be 7a l,7e e~ ~-ay wr

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