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PART 105-REFERRALS TO GAO OR
FOR LITIGATION 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: The provisions of this part 105 issued under sec. 3, 80 Stat. 309; 31 U.S.C. 952.
SOURCE: The provisions of this part 105 appear at 31 F.R. 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. $ 105.2 Current address of debtor.
Referrals to the General Accounting Office, and to the Department 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.
§ 105.3 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 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. $ 105.4 Report of prior collection ac
tions. 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 in
sufficient justification for the omission of one or more of the administrative collection actions enumerated in Part 102 of this chapter. § 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. § 105.6 Minimum amount of referrals
to the Department of Justice. Agencies will not refer claims of less than $250, 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. $ 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.
PART 201—STANDARDS FOR WAIVER (c) Employees of the Architect of the
Capitol, the Government Printing Office, Sec.
the U.S. Botanic Garden and other em201.1 Prescription of standards. 201.2 Definitions.
ployees of the legislative branch of the 201.3 Exclusions.
Government except employees of the 201.4 Waiver of claims for erroneous pay General Accounting Office. ment of pay.
(d) Employees of the Administrative 201.5 Conditions for waiver of claims.
Office of the U.S. Courts, the Federal AUTHORITY: The provisions of this part
Judicial Center, and other employees of 201 issued under sec. 311, 42 Stat. 25, as the judicial branch. amended, 31 U.S.C. 52. Interpret or apply, 82 Stat. 1212, 5 U.S.C., § 5584.
Waiver of claims for crroneous
payment of pay. SOURCE: The provisions of this part 201 appear at 33 F.R. 20001, Dec. 31, 1968, unless (a) The Comptroller General of the otherwise noted. (Correction noted at 34 F.R. United States may waive in whole or in 303, Jan. 9, 1960
part a claim of the United States in any
amount arising out of an erroneous pay& 2011 Prescription of standards.
ment of pay to an employee when all of The regulations in this chapter issued the conditions set out in $ 201.5 are presby the Comptroller General of the United ent. Claims referred to the Attorney States under Public Law 90-616, ap General for litigation will not be conproved October 21, 1968, 82 Stat. 1212,
sidered for waiver by the Comptroller which amended subchapter VIII of chap
General of the United States without ter 55 of title 5, United States Code by
first having obtained permission from the adding a new section, section 5584, pre
Attorney General. scribe standards for the waiver of claims
(b) The head of an executive agency of the United States against a person
may waive in whole or in part a claim of arising out of an erroneous payment of
the United States in an amount aggregatpay, on or after July 1, 1960, to an employee of an executive agency, the collec
ing not more than $500. without regard tion of which would be against equity and to any repayments, against any pergood conscience and not in the best inter
son arising out of an erroneous payment ests of the United States.
of pay to an employee of such agency
when all of the conditions set out in $201.2 Definitions.
$ 201.5 are present except that he may In this chapter:
not waive such a claim which is the sub(a) "Employee" means an employee as ject of an exception made by the Compdefined in 5 U.S.C. 5581 who is or was em
troller General in the account of any acployed in a civilian capacity by an execu countable official, or, which has been tive agency as defined in 5 U.S.C. 105. transmitted to the General Accounting (b) "Pay” means salary, wages, pay,
Office for collection or to the Attorney compensation, emoluments, and remu
General for litigation. neration for services. It includes overtime
§ 201.5 Conditions for waiver of claims. pay; night, Sunday standby, irregular and hazardous duty differential; pay for
Claims of the United States arising out Sunday and holiday work; payment for
of an erroneous payment of pay may be accumulated and accrued leave; and
waived in whole or in part in accordance severance pay. It does not include ex with the provisions of $ 201.4 whenever: penses of travel and transportation or ex
(a) The claim arises out of an erronepenses of transportation of household ous payment of pay made to an employee goods.
of an executive agency on or after July 1,
1960, except that waiver action may not $ 201.3 Exclusions.
be taken under the provisions of these This chapter does not apply to:
regulations after the expiration of 3 (a) Members of the uniformed sery years immediately following the date on ices as defined in 5 U.S.C. 2101(3).
which the erroneous payment of pay was (b) Employees of the District of Co discovered or after October 21, 1971, lumbia Government.
whichever is later.