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Part 101 102 103 104 105

Scope of standards.
Standards for the administrative collection of claims.
Standards for the compromise of claims.
Standards for suspending or terminating collection action.
Referrals to GAO or for litigation.

2017 Requ

| 101.8 Refe

ent of Justice



PART 101-SCOPE OF STANDARDS for consideration without compliance

with the regulations in this chapter beisidered as Sec.

cause there is an indication of fraud, then whether th 101.1 Prescription of standards. 101.2 Omissions not a defense.

presentation of a false claim, or misrep-AX00, exclus 101.3 Fraud, antitrust, and tax claims resentation on the part of the debtor or ze of compra excluded.

any other party having an interest in the Pacion action. 101.4 Compromise, waiver, or disposition claim, may be returned to the agency for- strivided to

under other statutes not precluded. warding them for further handling in sthlished by 101.5 Conversion claims.

accordance with the regulations in this action Act of 101.6 Subdivision of claims not authorized.

chapter if it is determined that action
101,7 Required administrative proceedings.
101.8 Referral for litigation.

based upon the alleged fraud, false claim,
or misrepresentation is not warranted.

ceedings. AUTHORITY: The provisions of this part

Tax claims, as to which differing exemp. Nothing corp 101 issued under sec. 3, 80 Stat. 309; 31 U.S.C.

tions, administrative consideration, en uended to rem 952.

forcement considerations, and statutes zelose admi SOURCE: The provisions of this Part 101

apply, are also excluded from the cover gred by cont appear at 31 F.R. 13381, Oct. 15, 1966, unless

age of this chapter. otherwise noted.

§ 101.4 Compromise, waiver, or dispo- is used in § 101.1 Prescription of standards.

sition under other statutes not pre- gation mea The regulations in this chapter, issued

cluded. jointly by the Comptroller General of the

Nothing contained in this chapter is suings

, unle United States and the Attorney General

intended to preclude agency disposition statutory of the United States under section 3 of

of any claim under statutes other than pulitigation, the Federal Claims Collection Act of

the Federal Claims Collection Act of 1966, 1966, 80 Stat. 309, prescribe standards for

80 Stat. 308, providing for the compro- PART 102— the administrative collection, compro

mise, termination of collection action, or mise, termination of agency collection

waiver in whole or in part of such action, and the referral to the General

claim. See, e.g., "The Federal Medical Accounting Office, and to the Depart

Care Recovery Act,” 76 Stat. 593, 42 ment of Justice for litigation, of civil

U.S.C. 2651, et seq., and applicable reguclaims by the Federal Government for

lations, 28 CFR 43.1, et seq. The standmoney or property. Regulations pre

ards set forth in this chapter should be scribed by the head of an agency pur

followed in the disposition of civil claims suant to section 3 of the Federal Claims

by the Federal Government by comproCollection Act of 1966 will be reviewed

mise or termination of collection action by the General Accounting Office as a

(other than by waiver pursuant to statupart of its audit of the agency's activities.

tory authority) under statutes other than 7 Liquida § 101.2 Omissions not a defense.

the Federal Claims Collection Act of the Collectic The standards set forth in this chap

1966, 80 Stat. 308, to the extent such

other statutes or authorized regulations All Interest ter shall apply to the administrative

issued pursuant thereto do not establish l Docume handling of civil claims of the Federal Government for money or property but

standards governing such matters. the failure of an agency to comply with § 101.5 Conversion claims. any provision of this chapter shall not

The instructions contained in this be available as a defense to any debtor.

chapter are directed primarily to the Te szed under se § 101.3 Fraud, antitrust, and tax claims covery of money on behalf of the Gov

ernment and the circumstances in which SOURCE: The B excluded.

Government claims may be disposed of at 31 F.R. The standards set forth in this chapter do not apply to the handling of any

for less than the full amount claimed. claim as to which there is an indication Nothing contained in this chapter is in 101,1 Aggr of fraud, the presentation of a false tended, however, to deter an agency from

demanding the return of specific prop The head of claim, or misrepresentation on the part of the debtor or any other party having an interest in the claim, or to any claim

native, either the return of property of pusis with eff

erty or from demanding, in the alter- hall take agg based in whole or in part on conduct in violation of the antitrust laws. Only the

the payment of its value. Department of Justice has authority to

§ 101.6 Subdivision of claims not all. compromise or terminate collection ac

thorized. tion on such claims. However, matters

A debtor's liability arising from a para submitted to the Department of Justice ticular transaction or contract shall be

4.2 Demanc

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This ck considered as a single claim in determin- General Accounting Office or the Deon of iming whether the claim is one of less than partment of Justice to duplicate collecaim, cru$20,000, exclusive of interest, for the pur- tion actions previously undertaken by f the épose of compromise or termination of col- any other agency. inters lection action. Such a claim may not be

§ 102.2 Demand for payment. theaga subdivided to avoid the monetary ceiling er hardestablished by the Federal Claims Col- Appropriate written demands shall be Lulation.lection Act of 1966, 80 Stat. 308.

made upon a debtor of the United States

in terms which inform the debtor of the $ 101.7 Required administrative pro- consequences of his failure to cooperate.

ceedings. 2012

Three written demands, at 30-day interffering Nothing contained in this chapter is vals, will normally be made unless a sidered

intended to require an agency to omit or response to the first or second demand foreclose administrative proceedings re- indicates that further demand would be quired by contract or by law.

futile or unless prompt suit or attach§ 101.8 Referral for litigation.

ment is required in anticipation of the

departure of the debtor or debtors from iver, et As used in this chapter referral for the jurisdiction or his or their removal złute ilitigation means referral to the Depart- or transfer of assets, or the running of

ment of Justice for appropriate legal pro- the statute of limitations. There should This e-ceedings, unless the agency concerned be no undue time lag in responding to has statutory authority for handling its any communication received from the own litigation.

debtor or debtors. NACE PART 102-STANDARDS FOR THE

§ 102.3 Collection by offset. LODE ADMINISTRATIVE COLLECTION OF

Collections by offset will be underCLAIMS

taken administratively on claims which

are liquidated or certain in amount in Sec.

every instance in which this is feasible. 102.1 Aggressive agency collection action. Collections by offset from persons receiy102.2 Demand for payment.

ing pay or compensation from the FedCollection by offset.

eral Government shall be effected over a Personal interview with debtor. DiCD 102.5

period not greater than the period during Contact with debtor's employing

which such pay or compensation is to be agency.

received. See 5 U.S.C. 5514. Collection Suspension or revocation of license or eligibility.

by offset against a judgment obtained by estid : 102.7 Liquidation of collateral.

the debtor against the United States etio 102.8 Collection in installments.

shall be accomplished in accordance with 102.9 Exploration of compromise.

the Act of March 3, 1875, 18 Stat. 481, as 102.10 Interest.

amended, 31 U.S.C. 227. Appropriate use 102.11 Documentation

of adminstrative should be made of the cooperative efforts collection action.

of other agencies in effecting collections * 102.12 Additional administrative collection

by offset, including utilization of the action.

Army Holdup List, and all agencies are Dedt AUTHORITY: The provisions of this Part 102

enjoined to cooperate in this endeavor. issued under sec. 3, 80 Stat. 309; 31 U.S.C. 1p to

$ 102.4 Personal interview with debtor. SOURCE: The provisions of this Part 102 ap

Agencies will undertake personal interpear at 31 F.R. 13381, Oct. 15, 1966, unless

views with their debtors when this is ds otherwise noted.

feasible, having regard for the amounts $ 101.1 Aggressive agency


involved and the proximity of agency action.

represenatives to such debtors. The head of an agency or his designee

§ 102.5 Contact with debtor's employing shall take aggressive action, on a timely

agency. basis with effective followup, to collect

When a debtor is employed by the Fedall claims of the United States for money

eral Government or is a member of the or property arising out of the activities

military establishment or the Coast of, or referred to his agency in accord

Guard, and collection by offset cannot be ance with the standards set forth in this

accomplished in accordance with 5 U.S.C. 50 chapter. However, nothing contained in

5514, the employing agency will be conits this chapter is intended to require the

tacted for the purpose of arranging with

2. Is 102.3 ter s 102.4

Actim 102.6

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the debtor for payment of the indebted- regular installments. The size and fre- de Roness by allotment or otherwise in accord- quency of such installment payments *1

. ance with section 206 of Executive Order should bear a reasonable relation to the 11222 of May 8, 1965, 3 CFR, 1965 Supp., size of the debt and the debtor's ability p. 130 (30 F.R. 6469).

to pay. If possible the installment pay§ 102.6 Suspension or revocation of li

ments should be sufficient in size and

Lould I

frequency to liquidate the Government's cense or eligibility.

claim in not more than 3 years. Install- ampoo Agencies seeking the collection of

ment payments of less than $10 per statutory penalties, forfeitures, or debts

month should be accepted in only the 5 out provided for as an enforcement aid or for

most unusual circumstances. An agency compelling compliance will give serious

holding an unsecured claim for adminisconsideration to the suspension or revo- trative collection should attempt to ob 102.13 cation of licenses or other privileges for tain an executed confess-judgment note lecm any inexcusable, prolonged or repeated

comparable to the Department of Justice failure of a debtor to pay such a claim

form USA-70a, from a debtor when the and the debtor will be so advised. Any

total amount of the deferred install

. agency making, guaranteeing, insuring,

ments will exceed $750. Such notes may acquiring, or participating in loans will

may be

be sought when an unsecured obligation give serious consideration to suspending

of a lesser amount is involved. Security or disqualifying any lender, contractor,

for deferred payments, other than a conbroker, borrower or other debtor from

fess-judgment note, may be accepted in doing further business with it or engag- appropriate cases. An agency may accept ing in programs sponsored by it if such

installment payments notwithstanding a debtor fails to pay its debts to the Gov

the refusal of a debtor to execute a con- 22 In ernment within a reasonable time and

fess-judgment note or to give other 13 LL the debtor will be so advised. The failure

security, at the agency's option. of any surety to honor its obligations in accordance with 6 U.S.C. 11 is to be re- § 102.9 Exploration of compromise. ported to the Treasury Department at Agencies will attempt to effect comproonce. Notification that a surety's certifi- mises (preferably during the course of cate of authority to do business with the

personal interviews), of claims of $20,000 Federal Government has been revoked

or less exclusive of interest, in accordor forfeited by the Treasury Department ance with the standards set forth in Part will be forwarded by that Department to 103 of this chapter in all cases in which all interested agencies.

it can be ascertained that the debtor's § 102.7 Liquidation of collateral.

financial ability will not permit payment SRECE

of the claim in full, or in which the litiAgencies holding security or collateral

gative risks or the costs of litigation which may be liquidated and the pro

dictate such action. ceeds applied on debts due it through the exercise of a power of sale in the secu

§ 102.10 Interest. rity instrument or a non-judicial fore

In cases in which prejudgment interest Polyt closure should do so by such procedures

is not mandated by statute, contract of if the debtor fails to pay his debt within regulation, the agency may forego the a reasonable time after demand, unless the cost of disposing of the collateral will

collection of prejudgment interest as an

inducement to voluntary payment. be disproportionate to its value or special

such cases demand letters should inform circumstances require judicial fore- the debtor that prejudgment interest wil omise closure. Collection from other sources,

be collected if suit becomes necessarī, including liquidation of security or col- When a debt is paid in installments and writies lateral, is not a prerequisite to requiring

interest is collected, the installment payment by a surety or insurance concern unless such action is expressly re

payments will first be applied to the quired by statute or contract.

ayment of accrued interest and then

to principal, in accordance with the so§ 102.8 Collection in installments.

called “U.S. Rule”, unless a different ise sur Claims, with interest in accordance

rule is prescribed by statute, contract or kvectt with $ 102.10 should be collected in full

regulation. Prejudgment interest should scount in one lump sum whenever this is pos

not be demanded or collected on civilerral sible. However, if the debtor is financially

penalty and forfeiture claims unless the roler G unable to pay the indebtedness in one

statute under which the claim arises lump sum, payment may be accepted in


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