[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR900.1]



[Page 957]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

   CHAPTER IX--FEDERAL CLAIMS COLLECTION STANDARDS (DEPARTMENT OF THE 

                    TREASURY--DEPARTMENT OF JUSTICE)

 

PART 900_SCOPE OF STANDARDS--Table of Contents

 

Sec. 900.1  Prescription of standards.



    (a) The Secretary of the Treasury and the Attorney General of the 

United States are issuing the regulations in parts 900-904 of this 

chapter under the authority contained in 31 U.S.C. 3711(d)(2). The 

regulations in this chapter prescribe standards for Federal agency 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 Federal 

agency statutes or regulations apply to such activities or, as provided 

for by Title 11 of the United States Code, when the claims involve 

bankruptcy. Federal agencies include agencies of the executive, 

legislative, and judicial branches of the Government, including 

Government corporations. The regulations in this chapter 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. These publications are available from 

the Debt Management Services, Financial Management Service, Department 

of the Treasury, 401 14th Street SW., Room 151, Washington, DC 20227.

    (b) Additional rules governing centralized administrative offset and 

the transfer of delinquent debt to the Department of the Treasury 

(Treasury) or Treasury-designated debt collection centers for collection 

(cross-servicing) under the Debt Collection Improvement Act of 1996, 

Public Law 104-134, 110 Stat. 1321, 1358 (April 26, 1996), are issued in 

separate regulations by Treasury. Rules governing the use of certain 

debt collection tools created under the Debt Collection Improvement Act 

of 1996, such as administrative wage garnishment, also are issued in 

separate regulations by Treasury. See generally 31 CFR part 285.

    (c) Agencies are not limited to the remedies contained in parts 900-

904 of this chapter and are encouraged to use all authorized remedies, 

including alternative dispute resolution and arbitration, to collect 

civil claims, to the extent that such remedies are not inconsistent with 

the Federal Claims Collection Act, as amended, Public Law 89-508, 80 

Stat. 308 (July 19, 1966), the Debt Collection Act of 1982, Public Law 

97-365, 96 Stat. 1749 (October 25, 1982), the Debt Collection 

Improvement Act of 1996, or other relevant statutes. The regulations in 

this chapter are not intended to impair agencies' common law rights to 

collect debts.

    (d) 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.''