B-123282, B-125675, B-126149, OCT. 13, 1959

B-123282,B-126149,B-125675: Oct 13, 1959

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SINCE THAT TIME WE HAVE AGREED EACH YEAR TO CONTINUE DEFERMENT. VARIOUS BILLS FOR THE RELIEF OF THE PAYEES HAVE BEEN INTRODUCED IN CONGRESS BUT NONE HAS BEEN ENACTED. YOU SAY THAT YOU INTEND TO MAKE EVERY EFFORT TO HAVE THE PROPOSED LEGISLATION CONSIDERED DURING THE NEXT SESSION OF CONGRESS. BECAUSE OF THE NECESSITY FOR PROTECTING THE GOVERNMENT AGAINST THE RUNNING OF THE STATUTE OF LIMITATIONS (6 U.S.C. 5) WE ARE UNABLE TO DEFER ALL COLLECTION ACTION UNTIL AFTER ANOTHER SESSION OF CONGRESS. WE HAVE DETERMINED TO PROCEED WITH THE FINAL BALANCE SETTLEMENT PROCEDURE AS SET FORTH IN 3 GAO 5560.30.

B-123282, B-125675, B-126149, OCT. 13, 1959

TO THE SECRETARY OF COMMERCE:

ON SEPTEMBER 24, 1959, YOU REQUESTED THAT DEFERMENT OF COLLECTION ACTION BE CONTINUED PENDING CONGRESSIONAL ACTION TO RELIEVE GEORGE T. MOORE, CARL D. BERRY, AND DR. HAROLD J. HECK OF LIABILITY FOR REFUNDING THE ERRONEOUS PAYMENTS RECEIVED BY THEM FOR TRANSPORTATION AND PER DIEM IN LIEU OF SUBSISTENCE.

UPON REQUEST OF YOUR PREDECESSOR, WE FIRST AGREED TO WITHHOLD COLLECTION ACTION IN MR. MOORE'S CASE ON OCTOBER 26, 1955; IN MR. BERRY'S CASE ON JANUARY 13, 1956; AND IN DR. HECK'S CASE ON JUNE 28, 1956. SINCE THAT TIME WE HAVE AGREED EACH YEAR TO CONTINUE DEFERMENT; AND VARIOUS BILLS FOR THE RELIEF OF THE PAYEES HAVE BEEN INTRODUCED IN CONGRESS BUT NONE HAS BEEN ENACTED. IN YOUR RECENT LETTER, YOU SAY THAT YOU INTEND TO MAKE EVERY EFFORT TO HAVE THE PROPOSED LEGISLATION CONSIDERED DURING THE NEXT SESSION OF CONGRESS.

BECAUSE OF THE NECESSITY FOR PROTECTING THE GOVERNMENT AGAINST THE RUNNING OF THE STATUTE OF LIMITATIONS (6 U.S.C. 5) WE ARE UNABLE TO DEFER ALL COLLECTION ACTION UNTIL AFTER ANOTHER SESSION OF CONGRESS. CONSEQUENTLY, WE HAVE DETERMINED TO PROCEED WITH THE FINAL BALANCE SETTLEMENT PROCEDURE AS SET FORTH IN 3 GAO 5560.30, 5570.30, IN ORDER TO PRESERVE THE GOVERNMENT'S RIGHT OF ACTION, IN CASE IT BECOMES NECESSARY TO ASSERT IT, AGAINST THE CERTIFYING OFFICER'S SURETY. OTHERWISE, HOWEVER, IN COMPLIANCE WITH YOUR REQUEST, WE SHALL CONTINUE TO DEFER DIRECT COLLECTION ACTION AGAINST THE INDIVIDUALS CONCERNED UNTIL CONGRESS HAS HAD AN OPPORTUNITY IN ITS NEXT SESSION ..END :