[Comments on the Applicability of the Debt Collection Act to Congressional Employees]
Highlights
In response to a congressional request, GAO commented on the applicability of the Debt Collection Act of 1982 to congressional employees. GAO noted that section 5514 of the act: (1) authorized heads of agencies, departments, and independent establishments within the federal government to use salary offset to collect debts owed to the government by its employees and military members; and (2) did not cover legislative branch employees. GAO also noted that other sections of the act provided a mechanism for the House and Senate to recover employee debts through salary offset.
B-217402.2, Jul 15, 1988, Office of General Counsel
CIVILIAN PERSONNEL - Compensation - Debt collection - Set-off - Legislative/judicial personnel DIGEST: The opinion in B-217402, June 10, 1985, is clarified with the explanation that GAO believes the provisions of 5 U.S.C. Sec. 5514 (1982) do not apply to the House of Representatives or other institutions within the executive, legislative, or judicial branches, unless they are properly classifiable as "departments," "agencies," or "independent establishments." Nevertheless, salary offset can still be taken against employees of the House of Representatives under 31 U.S.C. Sec. 3716 (1982), or other applicable statutes.
The Honorable Frank Annunzio
Chairman, Committee on House Administration
House of Representatives:
By your letter of May 17, 1988, you inquired about our opinion for the Government Printing Office (GPO) in B-217402, June 10, 1985, concerning 5 U.S.C. Sec. 5514 (1982), as amended by section 5 of the Debt collection Act of 1982 (DCA), Pub. L. No. 97-365, 96 Stat. 1749, 1751-52, and the use of salary offset against legislative branch employees.
The Office of Management and Budget (OMB) stated in a letter to the Speaker of the House that congressional employees are subject to the DCA and, apparently, to Office of Personnel Management (OPM) regulations, which implement 5 U.S.C. Sec. 5514. OMB further suggested that our Office be asked for an opinion on the applicability of the Debt Collection Act to congressional employees. Your Counsel has concluded that OPM's regulations purporting to govern the judicial and legislative branches are ultra vires and unconstitutional. You asked us to reexamine our position.
As discussed in the enclosure to this letter, upon reconsideration we conclude that our previous opinion was correct in its interpretation of section 5514 as applying to GPO. Based on the original language of the Act, it is clear that section 5514 applies to "agencies," "departments," and "independent establishments" within the federal government like GPO. The House and Senate, however, are not covered by section 5514. At the same time, other sections of the Debt Collection Act, not implemented by OPM, apply to the House and Senate. Thus, while neither section 5514 nor the OPM regulations which implement it apply to the these bodies, there is a mechanism for debt collection not subject to executive branch regulation.
We appreciate the opportunity to clarify our views on this matter. agreed with your staff, this letter will be available to the public 5 days after its delivery to you.