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B-215128 1 (1984-12-14)

handle is hein.gao/gaobadmbo0001 and id is 1 raw text is: THE COMPTROLLER GENERAL N\n OECISION . OF THE UNITED STATES WAS H IN GTO N. .C. 20549 3Z8 Y FILE: B-215128 OATE: December 14, 1984 MATTER OF: Offset under statutes other than Debt Collection Act of 1982 DIGEST: 1. Sections 5 and 10 of the Debt Collection Act of 1982, codified at 5 U.S.C. S 5514, and 31 U.S.C. S 3716 (1982), respectively, provide generalized authority to take administrative offset to collect debts owed to the United States. Their passage did not impliedly repeal 5 U.S.C. SS 5522, 5705, or 5724 (1982), or other similar preexisting statutes which authorize offset in particular situations. This is because a statute dealing with a nar- row, precise, and specific subject is not submerged or impliedly repealed by a later- enacted statute covering a more generalized spectrum, unless those statutes are completely irreconcilable. 2. Section 5 of the Debt Collection Act of 1982, 5 U.S.C. S 5514, as implemented in 49 Fed. Reg. 27470-75 (1984) (to be codified in 5 C.F.R. SS 550.1101 through 550.1106), authorizes and specifies the procedures that govern all salary offsets which are not ex- pressly authorized or required by other more specific statutes (such as 5 U.S.C. SS 5522, 5705, and 5724). Any procedures not specified in that statute and its implementing regula- tions should be consistent with the provisions of the Federal Claims Collection Standards, 49 Fed. Reg. 8898-8905 (1984) (to be codified in 4 C.F.R. ch. II). 3. Except as provided in section 101.4 of the Federal Claims Collection Standards (FCCS), when taking administrative offset under 5 U.S.C. SS 5522, 5705, or 5724, or other similar stautes, or the common law, agencies should follow the procedures specified in sec- tion 10 of the Debt Collection Act of 1982, 31 U.S.C. S 3716 (1982), as implemented by section 102.3 of the FCCS, 49 Fed. Reg. 8889, 8898-99 (1984) (to be codified in 4 C.F.R. ch. II). 030e0Ol/ f5>7-Id0

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