[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR904.1]

[Page 1348-1349]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
   CHAPTER IX--FEDERAL CLAIMS COLLECTION STANDARDS (DEPARTMENT OF THE 
                    TREASURY--DEPARTMENT OF JUSTICE)
 
PART 904_REFERRALS TO THE DEPARTMENT OF JUSTICE--Table of Contents
 
Sec. 904.1  Prompt referral.




Sec.
904.1 Prompt referral.
904.2 Claims Collection Litigation Report.
904.3 Preservation of evidence.
904.4 Minimum amount of referrals to the Department of Justice.

    Authority: 31 U.S.C. 3711.

    Source: 65 FR 70404, Nov. 22, 2000, unless otherwise noted.


    (a) Agencies shall promptly refer to the Department of Justice for 
litigation debts on which aggressive collection activity has been taken 
in accordance with part 901 of this chapter and that cannot be 
compromised, or on which collection activity cannot be suspended or 
terminated, in accordance with parts 902 and 903 of this chapter. 
Agencies may refer those debts arising out of activities of, or referred 
or transferred for collection services to, that agency. Debts for which 
the principal amount is over $1,000,000, or such other amount as the 
Attorney General may direct, exclusive of interest and penalties, shall 
be referred to the Civil

[[Page 1349]]

Division or other division responsible for litigating such debts at the 
Department of Justice, Washington, D.C. Debts for which the principal 
amount is $1,000,000, or less, or such other amount as the Attorney 
General may direct, exclusive of interest or penalties, shall be 
referred to the Department of Justice's Nationwide Central Intake 
Facility as required by the CCLR instructions. Debts should be referred 
as early as possible, consistent with aggressive agency collection 
activity and the observance of the standards contained in parts 900-904 
of this chapter, and, in any event, well within the period for 
initiating timely lawsuits against the debtors. Agencies shall make 
every effort to refer delinquent debts to the Department of Justice for 
litigation within one year of the date such debts last became 
delinquent. In the case of guaranteed or insured loans, agencies should 
make every effort to refer these delinquent debts to the Department of 
Justice for litigation within one year from the date the loan was 
presented to the agency for payment or re-insurance.
    (b) The Department of Justice has exclusive jurisdiction over the 
debts referred to it pursuant to this section. The referring agency 
shall immediately terminate the use of any administrative collection 
activities to collect a debt at the time of the referral of that debt to 
the Department of Justice. The agency should advise the Department of 
Justice of the collection activities which have been utilized to date, 
and their result. The referring agency shall refrain from having any 
contact with the debtor and shall direct all debtor inquiries concerning 
the debt to the Department of Justice. The referring agency shall 
immediately notify the Department of Justice of any payments credited by 
the agency to the debtor's account after referral of a debt under this 
section. The Department of Justice shall notify the referring agency, in 
a timely manner, of any payments it receives from the debtor.