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B-216550 1 (1986-01-29)

handle is hein.gao/gaobadmdz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 0ECIUION . OP THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-216550 DATE: January 29, 1986 MATTER OF: USDA Collection of Excess Advance Deficiency Payments on 1983 Corn and Grain Sorghum Crops DIGEST: 1. Section 120 of the Omnibus Budget Reconciliation Act of 1982 provided that any debts that might result from advance deficiency payments made to farmers who participated in the 1983 Feed Grain, Rice, Upland Cotton and Wheat Programs were to be repaid to the United States on or before September 30, 1984. However, that provision would not preclude the Department of Agriculture from exercising appropriate discretion to select the best means to collect those debts, including temporary suspension of collection until an administrative offset could be accomplished, pursuant to the Federal Claims Collection Act of 1966, as amended, and the Federal Claims Col- lection Standards. 2. The decision of the Department of Agriculture to defer the collection of debts arising from excessive advance payments made to farmers who participated in the 1983 Feed Grain, Rice, Upland Cotton and Wheat Programs was not ade- quately supported by findings and other evidence that complies with the requirements of the Fed- eral Claims Collection Standards. 3. The provisions of section 102.2(e) of the Federal Claims Collection Standards do not ex- cuse agencies that collect debts by administra- tive offset from the need to send written notices to debtors of amounts owed to the United States, including all the information required by other applicable regulatory provisions. 4. Before it may temporarily suspend the collection of debts pursuant to section 104.2(b)(2) of the Federal Claims Collection Standards, an agency must properly conclude both that the debtor is '2>> 1 1

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