[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-55.001]

[Page 401-402]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-55_COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents
 
Sec. 105-55.001  Prescription of standards.




Sec.
105-55.001 Prescription of standards.
105-55.002 Definitions.
105-55.003 Antitrust, fraud, tax, interagency claims, and claims over 
          $100,000 excluded.
105-55.004 Compromise, waiver, or disposition under other statutes not 
          precluded.
105-55.005 Form of payment.
105-55.006 Subdivision of claims not authorized.
105-55.007 Required administrative proceedings.
105-55.008 No private rights created.
105-55.009 Aggressive agency collection activity.
105-55.010 Demand for payment.
105-55.011 Collection by administrative offset.
105-55.012 Contracting with private collection contractors and with 
          entities that locate and recover unclaimed assets.
105-55.013 Suspension or revocation of eligibility for loans and loan 
          guaranties, licenses, permits, or privileges.
105-55.014 Liquidation of collateral.
105-55.015 Collection in installments.
105-55.016 Interest, penalties, and administrative costs.
105-55.017 Use and disclosure of mailing addresses.
105-55.018 Exemptions.
105-55.019 Compromise of claims.
105-55.020 Bases for compromise.
105-55.021 Enforcement policy.
105-55.022 Joint and several liability.
105-55.023 Further review of compromise offers.
105-55.024 Consideration of tax consequences to the Government.
105-55.025 Mutual releases of the debtor and the Government.
105-55.026 Suspending or terminating collection activity.
105-55.027 Suspension of collection activity.
105-55.028 Termination of collection activity.
105-55.029 Exception to termination.
105-55.030 Discharge of indebtedness; reporting requirements.
105-55.031 Prompt referral to the Department of Justice.
105-55.032 Claims Collection Litigation Report.
105-55.033 Preservation of evidence.
105-55.034 Minimum amount of referrals to the Department of Justice.

    Authority: 5 U.S.C. 552-553; 31 U.S.C. 321, 3701, 3711, 3716, 3717, 
3718, 3719, 3720B, 3720D; 31 CFR parts 900-904.

    Source: 68 FR 68741, Dec. 10, 2003, unless otherwise noted.


    (a) The Secretary of the Treasury and the Attorney General of the 
United States issued regulations for collecting debts owed the United 
States under the authority contained in 31 U.S.C. 3711(d)(2). The 
regulations in this part prescribe standards for the General Services 
Administration (GSA) use in the administrative collection, offset, 
compromise, and the suspension or termination of collection activity for 
civil claims for money, funds, or property, as defined by 31 U.S.C. 
3701(b), unless specific GSA statutes or regulations apply to such 
activities or, as provided for by Title 11 of the United States Code, 
when the claims involve bankruptcy. The regulations in this part

[[Page 402]]

also prescribe standards for referring debts to the Department of 
Justice for litigation. Additional guidance is contained in the Office 
of Management and Budget's Circular A-129 (Revised), ``Policies for 
Federal Credit Programs and Non-Tax Receivables,'' the Department of the 
Treasury's ``Managing Federal Receivables,'' and other publications 
concerning debt collection and debt management.
    (b) GSA is not limited to the remedies contained in this part and 
will use all authorized remedies, including alternative dispute 
resolution and arbitration, to collect civil claims, to the extent such 
remedies are not inconsistent with the Federal Claims Collection Act, as 
amended, Chapter 37 of Title 31, United States Code; the Debt Collection 
Act of 1982, 5 U.S.C. 5514; the Debt Collection Improvement Act of 1996, 
31 U.S.C. 3701 et seq., or other relevant statutes. The regulations in 
this part are not intended to impair GSA's common law rights to collect 
debts.
    (c) Standards and policies regarding the classification of debt for 
accounting purposes (for example, write off of uncollectible debt) are 
contained in the Office of Management and Budget's Circular A-129 
(Revised), ``Policies for Federal Credit Programs and Non-Tax 
Receivables.''