[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-55.031]

[Page 417]
 
           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. 105-55.031  Prompt referral to the Department of Justice.

    (a) The General Services Administration (GSA) will promptly refer to 
the Department of Justice (DOJ) for litigation debts on which aggressive 
collection activity has been taken in accordance with Sec. 105-55.009 
and that cannot be compromised, or on which collection activity cannot 
be suspended or terminated, in accordance with Sec. Sec. 105-55.027 and 
105-55.028. GSA may refer those debts arising out of activities of, or 
referred or transferred for collection services to, the 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, 
will be referred to the Civil Division or other division responsible for 
litigating such debts at DOJ, Washington, DC. 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, will be 
referred to DOJ's Nationwide Central Intake Facility as required by the 
Claims Collection Litigation Report instructions. Debts will be referred 
as early as possible, consistent with aggressive GSA collection activity 
and the observance of the standards contained in this part, and, in any 
event, well within the period for initiating timely lawsuits against the 
debtors. GSA will make every effort to refer delinquent debts to DOJ for 
litigation within one year of the date such debts last became 
delinquent. In the case of guaranteed or insured loans, GSA will make 
every effort to refer these delinquent debts to DOJ for litigation 
within one year from the date the loan was presented to the Agency for 
payment or re-insurance.
    (b) DOJ has exclusive jurisdiction over the debts referred to it 
pursuant to this section. GSA, as the referring agency, will immediately 
terminate the use of any administrative collection activities to collect 
a debt at the time of the referral of that debt to DOJ. GSA will advise 
DOJ of the collection activities which have been utilized to date, and 
their result. GSA will refrain from having any contact with the debtor 
and will direct all debtor inquiries concerning the debt to DOJ, except 
as otherwise agreed between GSA and DOJ. GSA will immediately notify DOJ 
of any payments credited by the Agency to the debtor's account after 
referral of a debt under this section. DOJ will notify GSA of any 
payments it receives from the debtor.