[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: 31CFR901.1]



[Page 959-960]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

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

                    TREASURY--DEPARTMENT OF JUSTICE)

 

PART 901_STANDARDS FOR THE ADMINISTRATIVE COLLECTION OF CLAIMS--Table 

of Contents

 

Sec. 901.1  Aggressive agency collection activity.



    (a) Federal agencies shall aggressively collect all debts arising 

out of activities of, or referred or transferred for collection services 

to, that agency. Collection activities shall be undertaken promptly with 

follow-up action taken as necessary. Nothing contained in parts 900-904 

of this chapter requires the Department of Justice, Treasury, or other 

Treasury-designated debt collection centers, to duplicate collection 

activities previously undertaken by other agencies or to perform 

collection activities that other agencies should have undertaken.

    (b) Debts referred or transferred to Treasury, or Treasury-

designated debt collection centers under the authority of 31 U.S.C. 

3711(g), shall be serviced, collected, or compromised, or the collection 

action will be suspended or terminated, in accordance with the statutory 

requirements and authorities applicable to the collection of such debts.

    (c) Agencies shall cooperate with one another in their debt 

collection activities.

    (d) Agencies should consider referring debts that are less than 180 

days delinquent to Treasury or to Treasury-designated ``debt collection 

centers'' to accomplish efficient, cost effective debt collection. 

Treasury is a debt collection center, is authorized to designate other 

Federal agencies as debt collection centers based on their performance 

in collecting delinquent debts, and may withdraw such designations. 

Referrals to debt collection centers shall be at the discretion of, and 

for a time period acceptable to, the Secretary. Referrals may be for 

servicing, collection, compromise, suspension, or termination of 

collection action.

    (e) Agencies shall transfer to the Secretary any debt that has been 

delinquent for a period of 180 days or more so that the Secretary may 

take appropriate action to collect the debt or terminate collection 

action. See 31 CFR 285.12 (Transfer of Debts to Treasury for 

Collection). This requirement does not apply to any debt that:

    (1) Is in litigation or foreclosure;

    (2) Will be disposed of under an approved asset sale program;

    (3) Has been referred to a private collection contractor for a 

period of time acceptable to the Secretary;

    (4) Is at a debt collection center for a period of time acceptable 

to the Secretary (see paragraph (d) of this section);

    (5) Will be collected under internal offset procedures within three 

years after the debt first became delinquent; or



[[Page 960]]



    (6) Is exempt from this requirement based on a determination by the 

Secretary that exemption for a certain class of debt is in the best 

interest of the United States. Agencies may request that the Secretary 

exempt specific classes of debts.

    (f) Agencies operating Treasury-designated debt collection centers 

are authorized to charge a fee for services rendered regarding referred 

or transferred debts. The fee may be paid out of amounts collected and 

may be added to the debt as an administrative cost (see Sec. 901.10).