[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR30.60]

[Page 56-57]
 
                           TITLE 34--EDUCATION
 
PART 30_DEBT COLLECTION--Table of Contents
 
    Subpart E_What Costs and Penalties Does the Secretary Impose on 
                           Delinquent Debtors?
 
Sec. 30.60  What costs does the Secretary impose on delinquent debtors?

    Source: 53 FR 33425, Aug. 30, 1988, unless otherwise noted.


    (a) The Secretary may charge a debtor for the costs associated with 
the collection of a particular debt. These costs include, but are not 
limited to--
    (1) Salaries of employees performing Federal loan servicing and debt 
collection activities;
    (2) Telephone and mailing costs;
    (3) Costs for reporting debts to credit bureaus;
    (4) Costs for purchase of credit bureau reports;
    (5) Costs associated with computer operations and other costs 
associated with the maintenance of records;
    (6) Bank charges;
    (7) Collection agency costs;
    (8) Court costs and attorney fees; and
    (9) Costs charged by other Governmental agencies.
    (b) Notwithstanding any provision of State law, if the Secretary 
uses a collection agency to collect a debt on a contingent fee basis, 
the Secretary charges the debtor, and collects through the agency, an 
amount sufficient to recover--
    (1) The entire amount of the debt; and
    (2) The amount that the Secretary is required to pay the agency for 
its collection services.
    (c)(1) The amount recovered under paragraph (b) of this section is 
the entire amount of the debt, multiplied by the following fraction:
[GRAPHIC] [TIFF OMITTED] TC15NO91.009

    (2) In paragraph (c)(1) of this section, cr equals the commission 
rate the Department pays to the collection agency.
    (d) If the Secretary uses more than one collection agency to collect 
similar debts, the commission rate (cr) described in paragraph (c)(2) of 
this section is calculated as a weighted average of the commission rates 
charged by all collection agencies collecting similar debts, computed 
for each fiscal year based on the formula
[GRAPHIC] [TIFF OMITTED] TC15NO91.010


where--

    (1) Xi equals the dollar amount of similar debts placed by the 
Department with an individual collection agency as of the end of the 
preceding fiscal year;
    (2) Yi equals the commission rate the Department pays to that 
collection agency for the collection of the similar debts;

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    (3) Z equals the dollar amount of similar debts placed by the 
Department with all collection agencies as of the end of the preceding 
fiscal year; and
    (4) N equals the number of collection agencies with which the 
Secretary has placed similar debts as of the end of the preceding fiscal 
year.
    (e) If a debtor has agreed under a repayment or settlement agreement 
with the Secretary to pay costs associated with the collection of a debt 
at a specified amount or rate, the Secretary collects those costs in 
accordance with the agreement.
    (f) The Secretary does not impose collection costs against State or 
local governments under paragraphs (a) through (d) of this section.

(Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a-1, 31 U.S.C. 3711(e), 
3717(e)(1), 3718))