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Collection action may be suspended temporarily on a claim when the debtor owns no substantial equity in realty and is unable to make payments on the Government's claim or effect a compromise thereof at the time but his future prospects justify retentions of the claim for periodic review and action and:
(a) The applicable statute of limitations has been tolled or started running anew or (b) future collection can be effected by offset notwithstanding the statute of limitations. (31 FR 13381, Oct. 15, 1966, as amended at 44 FR 22702, Apr. 17, 1979)
(d) Claim legally without merit. Col. lection action should be terminated on a claim whenever it is determined that the claim is legally without merit.
(e) Claim cannot be substantiated by evidence. Collection action should be terminated when it is determined that the evidence necessary to prove the claim cannot be produced or the necessary witnesses are unavailable and efforts to induce voluntary payment are unavailing.
§ 104.3 Termination of collection activity.
The head of an agency or his designee may terminate collection activity and consider the agency's file on the claim closed under the following standards:
(a) Inability to collect any substantial amount. Collection action may be terminated on a claim when it becomes clear that the Government cannot collect or enforce collection of any significant sum from the debtor having due regard for the judicial remedies available to the Government, the debtor's future financial prospects, and the exemptions available to the debtor under State and Federal law. In determining the debtor's inability to pay the following factors, among others, may be considered: Age and health of the debtor; present and potential income; inheritance prospects; the possibility that assets have been concealed or improperly transferred by the debtor; the availability of assets or income which may be realized upon by enforced collection proceedings.
(b) Inability to locate debtor. Collection action may be terminated on a claim when the debtor cannot be located, there is no security remaining to be liquidated, the applicable statute of limitations has run, and the prospects of collecting by offset notwithstanding the bar of the statute of limitations is too remote to justify retention of the claim.
(c) Cost will exceed recovery. Collection action may be terminated on a claim when it is likely that the cost of further collection action will exceed the amount recoverable thereby.
$ 104.4 Transfer of claims.
When an agency has doubt as to whether collection action should be suspended or terminated on a claim it may refer the claim to the General ACcounting Office for advice. When a significant enforcement policy is involved in reducing a statutory penalty or forfeiture to judgment, or recovery of a judgment is a prerequisite to the imposition of administrative sanctions, such as the suspension or revocation of a license or the privilege of participating in a Government sponsored program, an agency may refer such a claim for litigation even though termination of collection activity might otherwise be given consideration under $ 104.3 (a) or (c). Claims on which an agency holds a judgment by assignment or otherwise will be referred to the Department of Justice for further action if renewal of the judgment lien or enforced collection proceedings are justified under the criteria discussed in this part, unless the agency concerned has statutory authority for handling its own litigation.
PART 105-REFERRALS TO GAO OR
Sec. 105.1 Prompt referral. 105.2 Current address of debtor. 105.3 Credit data. 105.4 Report of prior collection actions. 105.5 Preservation of evidence. 105.6 Minimum amount of referrals to the
Department of Justice. 105.7 Referrals to GAO.
AUTHORITY: Sec. 3, 80 Stat. 309; 31 U.S.C. 952.
SOURCE: 31 FR 13384, Oct. 15, 1966, unless otherwise noted.
$ 105.1 Prompt referral.
Claims on which collection action has been taken in accordance with Part 102 of this chapter and which cannot be compromised, or on which collection action cannot be suspended or terminated, in accordance with Parts 103 and 104 of this chapter, will be referred to the General Accounting Office in accordance with R.S. 236, as amended, 31 U.S.C. 71, or to the Department of Justice, if the agency concerned has been granted an exception from referrals to the General Accounting Office. Such referrals should be made as early as possible consistent with aggressive agency collection action and the observance of the regulations contained in this chapter and in any event well within the time limited for bringing a timely suit against the debtor.
liabilities and his income and expenses, (3) the individual debtor's own financial statement executed under penalty of perjury reflecting his assets and liabilities and his income and expenses, or (4) an audited balance sheet of a corporate debtor.
(C) Such credit data may be omitted if: (1) A surety bond is available in an amount sufficient to satisfy the claim in full, (2) the forced sale value of the security available for application to the Government's claim is sufficient to satisfy its claim in full, (3) the referring agency wishes to liquidate loan collateral through judicial foreclosure but does not desire a deficiency judgment, (4) the debtor is in bankruptcy or receivership, or (5) the debtor's liability to the Government is fully covered by insurance, in which case the agency will furnish such information as it can develop concerning the identity and address of the insurer and the type and amount of insurance coverage.
8 105.2 Current address of debtor.
Referrals to the General Accounting Office, and to the Department of Justice for litigation, will be accompanied by the current address of the debtor or the name and address of the agent for a corporation upon whom service may be made. Reasonable and appropriate steps will be taken to locate missing parties in all cases. Referrals to the General Accounting Office, and referrals to the Department of Justice for the institution of foreclosure or other proceedings, in which the current address of any party is unknown will be accompanied by a listing of the prior known addresses of such a party and a statement of the steps taken to locate him.
105.4 Report of prior collection actions.
A checklist or brief summary of the actions previously taken to collect or compromise a claim will be forwarded with the claim upon its referral to the General Accounting Office or to the Department of Justice. If any of the administrative collection actions enumerated in Part 102 of this chapter have been omitted, the reason for their omission will be given with the referral. The General Accounting Office and the Department of Justice may return or retain claims at their option when there is insufficient justification for the omission of one or more of the administrative collection actions enumerated in Part 102 of this chapter.
8 105.3 Credit data.
(a) Claims referred to the General Accounting Office, and to the Department of Justice for litigation, will be accompanied by reasonably current credit data indicating that there is a reasonable prospect of effecting enforced collections from the debtor, having due regard for the exemptions available to the debtor under State and Federal law and the judicial remedies available to the Government.
(b) Such credit data may take the form of: (1) A commercial credit report, (2) an agency investigative report showing the debtor's assets and
105.5 Preservation of evidence.
Care will be taken to preserve all files, records and exhibits on claims referred or to be referred to the General Accounting Office, or to the Department of Justice for litigation.
8 105.6 Minimum amount of referrals to
the Department of Justice. Agencies will not refer claims of less than $600, exclusive of interest for litigation unless: (a) Referral is important to a significant enforcement policy or (b) the debtor has not only the clear ability to pay the claim but the Government can effectively enforce payment having due regard to the exemptions available to the debtor under State or Federal Law and the judicial remedies available to the Government. (42 FR 38891, Aug. 1, 1977)
§ 105.7 Referrals to GAO.
Referrals of claims to the General Accounting Office will be in accordance with instructions, including monetary limitations, contained in the General Accounting Office Policy and Procedures Manual for the Guidance of Federal Agencies.
CHAPTER 111-GENERAL ACCOUNTING
NOTE 1: The Cost Accounting Standards Board has completed its work in establishing basic Cost Accounting Standards and went out of business on Sept. 30, 1980. The General Accounting Office will sponsor the continued publication of CASB regulations presently codified in this chapter. In the event that Congress transfers authority to amend these regulations to OMB prior to Jan. 1, 1981, an appropriate announcement will be published in the FEDERAL REGISTER. (See 45 FR 79409, Dec. 1, 1980.)
NOTE 2: For the benefit of CFR users, this edition of 4 CFR Chapter III in. cludes a special feature, the preambles to Parts 331, 332, 351, and 400-420 of the regulations of the Cost Accounting Standards Board. The inclusion of the preambles is a joint effort by the Office of the Federal Register and the Cost Accounting Standards Board to provide readers with the administrative history of the regulations. The preambles appear as originally published in the daily FEDERAL REGISTER, in supplements to their respective parts. Further explanatory notes are printed immediately after the table of contents to each part.
The Office of the Federal Register is interested in receiving comments from readers on this new format, as well as in exploring the possibility of printing the preambles of other regulations in the CFR. Responses are welcomed and should be sent to: The Director, Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408.
403 404 405 406 407
261 270 286 299 309
ing, accumulating and reporting costs
ing costs incurred for the same purpose.
direct labor ...........
ble capital assets.........
trative expenses to final cost objectives....
tion costs of material.....
measurement of pension cost....
element of the cost of facilities capital .......
assets under construction ......
ment costs and bid and proposal costs .....
415 416 417
416 433 444