Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 41 - Public Contracts and Property Management |
Subtitle C - Federal Property Management Regulations System |
Chapter 101 - Federal Property Management Regulations |
SubChapter G - Aviation, Transportation, and Motor Vehicles |
Part 101-41 - Transportation Documentation and Audit |
Subpart 101-41.5 - Claims by the United States Relating to Transportation Services |
§ 101-41.506 - Transportation debts administratively determined to be due the United States.
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(a) Under the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711,
et seq. ), the Comptroller General and the Attorney General have joint responsibility for promulgating standards for the collection, compromise, termination or suspension of collection action on any debts determined to be due the United States. Regulations defining agency responsibilities for collecting amounts determined to be due the United States, establishing principles governing agency collection procedures for reporting uncollectible debts to the General Accounting Office (GAO) or the Department of Justice, are found in 4 CFR parts 101 through 105 and in the GAO Policy and Procedures Manual for Guidance of Federal Agencies.(b) Agencies shall refer all administratively determined transportation debts involving loss and/or damage to property to: Claims Group, Accounting and Financial Management Division, U.S. General Accounting Office, Washington, DC 20548.
(c) The Director, Office of Transportation Audits, has the authority and responsibility to audit and settle all accounts arising from the payment for domestic and foreign freight and passenger transportation services furnished for the account of the United States under the provisions of 31 U.S.C. 3726 without regard to monetary limitations. He/she initiates actions on claims arising from his/her audit and settlement activities.
(d) Whenever feasible, debts owed to the United States, together with interest, administrative charges and penalty charges, should be collected in full. If the debtor requests installment payments, the Director, Office of Transportation Audits, shall determine the financial hardship of the debtor and may arrange installment payments.
(e) All liquidated or certain claims (those upon which all audit procedures under 31 U.S.C. 3726 have been completed) over $20,000, exclusive of interest, penalties and administrative charges which cannot be collected, shall be referred to the Department of Justice.
(f) The Director, Office of Transportation Audits, may terminate collection action on, or settle by compromise at less than the principal amount liquidated or certain claims not exceeding $20,000 exclusive of interest, penalties and administrative charges if:
(1) The debtor shows an inability to pay the full amount within a reasonable time;
(2) Complete collection is not enforceable within a reasonable time;
(3) The amount of the claim does not justify the foreseeable collection cost; or
(4) There are uncertain litigative probabilities.
(g) The Director, Office of Transportation Audits, shall prescribe internal regulations for the guidance of GSA personnel collecting claims arising from the audit of transportation accounts.