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FICE IN JUDICIAL PROCEEDINGS Sec. 82.1 Court subpoenas or requests. 82.2 Fees and charges.

AUTHORITY: The provisions of this part 82 issued under sec. 311, 42 Stat. 25, as amended; 31 U.S.C. 52; sec. 8, 28 Stat. 207, as amended, sec. 117, 64 Stat. 837; 31 U.S.C. 74, 67.

SOURCE: The provisions of this Part 82 appear at 33 F.R. 358, Jan. 10, 1968, unless otherwise noted. § 82.1 Court subpoen

enas or requests. (a) A subpoena or request from a court for records of the General Accounting Office should be directed to the Comptroller General of the United States and served upon the Records Management and Services Officer, Office of Administrative Services.

(b) In honoring a court subpoena or request original records may be presented for examination but must not be presented as evidence or otherwise used in any manner by reason of which they may lose their identity as official records of the General Accounting Office. They must not be marked or altered, or their value as evidence impaired, destroyed, or otherwise affected. In lieu of the original records, certified copies will be presented for evidentiary purposes since they are admitted in evidence equally with the originals (31 U.S.C. 46). § 82.2 Fees and charges.

The provisions of $ 81.7 of this chapter are applicable to this part; however, where the charging of fees is appropriate, they need not be collected in advance.


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.

PART 101-SCOPE OF STANDARDS of fraud, the presentation of a false

claim, or misrepresentation on the part Sec.

of the debtor or any other party having 101.1 Prescription of standards.

an interest in the claim, or to any claim 101.2 Omissions not a defense. 101.3 Fraud, antitrust, and tax claims

based in whole or in part on conduct in excluded.

violation of the antitrust laws. Only the 101.4 Compromise, waiver, or disposition Department of Justice has authority to

under other statutes not precluded. compromise or terminate collection ac101.5 Conversion claims.

tion on such claims. However, matters 101.6 Subdivision of claims not authorized.

submitted to the Department of Justice 101.7 Required administrative proceedings.

for consideration without compliance 101.8 Referral for litigation.

with the regulations in this chapter beAUTHORITY: The provisions of this Part

cause there is an indication of fraud, the 101 issued under sec. 3, 80 Stat. 309; 31 U.S.C.

presentation of a false claim, or misrep952.

resentation on the part of the debtor or SOURCE: The provisions of this Part 101

any other party having an interest in the appear at 31 F.R. 13381, Oct. 15, 1966, unless

claim, may be returned to the agency forotherwise noted.

warding them for further handling in

accordance with the regulations in this § 101.1 Prescription of standards.

chapter if it is determined that action The regulations in this chapter, issued based upon the alleged fraud, false claim, jointly by the Comptroller General of the or misrepresentation is not warranted. United States and the Attorney General Tax claims, as to which differing exempof the United States under section 3 of tions, administrative consideration, enthe Federal Claims Collection Act of forcement considerations, and statutes 1966, 80 Stat. 309, prescribe standards for apply, are also excluded from the coverthe administrative collection, compro age of this chapter. mise, termination of agency collection

$ 101.4 Compromise, waiver, or dispoaction, and the referral to the General

sition under other statutes not preAccounting Office, and to the Depart

cluded. ment of Justice for litigation, of civil claims by the Federal Government for

Nothing contained in this chapter is money or property. Regulations pre

intended to preclude agency disposition scribed by the head of an agency pur

of any claim under statutes other than suant to section 3 of the Federal Claims

the Federal Claims Collection Act of 1966, Collection Act of 1966 will be reviewed

80 Stat. 308, providing for the comproby the General Accounting Office as a

mise, termination of collection action, or part of its audit of the agency's activities.

waiver in whole or in part of such a

claim. See, e.g., “The Federal Medical $ 101.2 Omissions not a defense.

Care Recovery Act," 76 Stat. 593, 42 The standards set forth in this chapter

U.S.C. 2651, et seq., and applicable regushall apply to the administrative han lations, 28 CFR 43.1, et seq. The standdling of civil claims of the Federal Gov ards set forth in this chapter should be ernment for money or property but the followed in the disposition of civil claims failure of an agency to comply with any

by the Federal Government by comproprovision of this chapter shall not be mise or termination of collection action available as a defense to any debtor.

(other than by waiver pursuant to statu

tory authority) under statutes other than § 101.3 Fraud, antitrust, and tax claims

the Federal Claims Collection Act of excluded.

1966, 80 Stat. 308, to the extent such The standards set forth in this chapter other statutes or authorized regulations do not apply to the handling of any issued pursuant thereto do not establish claim as to which there is an indication standards governing such matters.

§ 101.5 Conversion claims.

The instructions contained in this chapter are directed primarily to the recovery of money on behalf of the Government and the circumstances in which Government claims may be disposed of for less than the full amount claimed. Nothing contained in this chapter is intended, however, to deter an agency from demanding the return of specific property or from demanding, in the alternative, either the return of property or the payment of its value. § 101.6 Subdivision of claims not au

thorized. A debtor's liability arising from a particular transaction or contract shall be considered as a single claim in determining whether the claim is one of less than $20,000, exclusive of interest, for the purpose of compromise or termination of collection action. Such a claim may not be subdivided to avoid the monetary ceiling established by the Federal Claims Collection Act of 1966, 80 Stat. 308. § 101.7 Required administrative pro

ceedings. Nothing contained in this chapter is intended to require an agency to omit or foreclose administrative proceedings required by contract or by law. § 101.8 Referral for litigation.

As used in this chapter referral for litigation means referral to the Department of Justice for appropriate legal proceedings, unless the agency concerned has statutory authority for handling its own litigation.

PART 102-STANDARDS FOR THE $ 102.3 Collection by offset.

ADMINISTRATIVE COLLECTION OF Collections by offset will be underCLAIMS

taken administratively on claims which

are liquidated or certain in amount in Sec. 102.1 Aggressive agency collection action.

every instance in which this is feasible. 102.2 Demand for payment.

Collections by offset from persons receiv102.3 Collection by offset.

ing pay or compensation from the Fed102.4 Personal interview with debtor.

eral Government shall be effected over a 102.5 Contact with debtor's employing period not greater than the period during agency.

which such pay or compensation is to be 102.6 Suspension or revocation of license

received. See 5 U.S.C. 5514. Collection or eligibility.

by offset against a judgment obtained by 102.7 Liquidation of collateral. 102.8 Collection in installments.

the debtor against the United States 102.9 Exploration of compromise.

shall be accomplished in accordance with 102.10 Interest.

the Act of March 3, 1875, 18 Stat. 481, as 102.11 Documentation of administrative amended, 31 U.S.C. 227. Appropriate use collection action.

should be made of the cooperative efforts 102.12 Additional administrative collection

of other agencies in effecting collections action.

by offset, including utilization of the AUTHORITY: The provisions of this Part 102 Army Holdup List, and all agencies are issued under sec. 3, 80 Stat. 309; 31 U.S.C.

enjoined to cooperate in this endeavor. 952.

$ 102.4 Personal interview with debtor. SOURCE: The provisions of this Part 102 appear at 31 F.R. 13381, Oct. 15, 1966, unless Agencies will undertake personal interotherwise noted.

views with their debtors when this is § 102.1 Aggressive agency collection

feasible, having regard for the amounts action.

involved and the proximity of agency

representatives to such debtors. The head of an agency or his designee shall take aggressive action, on a timely

$ 102.5 Contact with debtor's employing basis with effective followup, to collect all

agency. claims of the United States for money or When a debtor is employed by the Fedproperty arising out of the activities of, eral Government or is a member of the or referred to, his agency in accordance military establishment or the Coast with the standards set forth in this chap Guard, and collection by offset cannot be ter. However, nothing contained in this accomplished in accordance with 5 U.S.C. chapter is intended to require the Gen 5514, the employing agency will be coneral Accounting Office or the Department tacted for the purpose of arranging with of Justice to duplicate collection actions the debtor for payment of the indebtedpreviously undertaken by any other ness by allotment or otherwise in accordagency.

ance with section 206 of Executive Order

11222 of May 8, 1965, 3 CFR, 1965 Supp., $ 102.2 Demand for payment.

p. 130 (30 F.R. 6469). Appropriate written demands shall be made upon a debtor of the United States

§ 102.6 Suspension or revocation of li.

cense or eligibility. in terms which inform the debtor of the consequences of his failure to cooperate.

Agencies seeking the collection of Three written demands, at 30-day inter statutory penalties, forfeitures, or debts vals, will normally be made unless a re provided for as an enforcement aid or for sponse to the first or second demand in compelling compliance will give serious dicates that further demand would be

consideration to the suspension or revofutile or unless prompt suit or attach cation of licenses or other privileges for ment is required in anticipation of the any inexcusable, prolonged or repeated departure of the debtor or debtors from failure of a debtor to pay such a claim the jurisdiction or his or their removal and the debtor will be so advised. Any or transfer of assets, or the running of agency making, guaranteeing, insuring, the statute of limitations. There should acquiring, or participating in loans will be no undue time lag in responding to give serious consideration to suspending any communication received from the or disqualifying any lender, contractor, debtor or debtors.

broker, borrower or other debtor from

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