REG 7 CFR PART 3-2012 DEBT MANAGEMENT.pdf

1、300 7 CFR Subtitle A (1112 Edition) 2.400 Subpart SDelegations of Author-ity by the Chief Information Officer 2.400 Deputy Chief Information Offi-cer. Pursuant to 2.89, the following dele-gation of authority is made by the Chief Information Officer to the Dep-uty Chief Information Officer, to be ex-

2、ercised only during the absence or un-availability of the Chief Information Officer: Perform all duties and exercise all powers which are now or which may hereafter be delegated to the Chief In-formation Officer. 75 FR 43393, July 23, 2010 Subpart TDelegations of Author-ity by the Chief Financial Of

3、fi-cer SOURCE: 75 FR 43393, July 23, 2010, unless otherwise noted. 2.500 Deputy Chief Financial Officer. Pursuant to 2.90, the following dele-gation of authority is made by the Chief Financial Officer to the Deputy Chief Financial Officer, to be exercised only during the absence or unavail-ability o

4、f the Chief Financial Officer: Perform all the duties and exercise all the powers which are now or which may hereafter be delegated to the Chief Financial Officer. 2.501 Director, Office of Budget and Program Analysis. (a) The following delegations of au-thority are made by the Chief Finan-cial Offi

5、cer to the Director, Office of Budget and Program Analysis: (1) Serve as the Departments Budget Officer and exercise general responsi-bility and authority for all matters re-lated to the Departments budgeting affairs including: (i) Resource administration, includ-ing all phases of the acquisition, a

6、nd distribution of funds and staff years. (ii) Legislative and regulatory re-porting and related activities. (2) Provide staff assistance for the Secretary, general officers, and other Department and agency officials. (3) Formulate and promulgate De-partmental budgetary, legislative and regulatory p

7、olicies and procedures. (4) Represent the Department in con-tacts with the Office of Management and Budget, the Government Account-ability Office, the Department of the Treasury, Congressional Committees on Appropriations, and other organiza-tions and agencies on matters related to his or her respon

8、sibility. (5) Coordinate and/or conduct policy and program analyses on agency oper-ations and proposals to assist the Sec-retary, general officers and other De-partment and agency officials in for-mulating and implementing USDA policies and programs. (6) Review and analyze legislation, regulations,

9、and policy options to de-termine their impact on USDA pro-grams and policy objectives and on the Departments budget. (7) Monitor ongoing studies with sig-nificant program or policy implica-tions. (b) Reserved PART 3DEBT MANAGEMENT Subpart AGeneral Sec. 3.1 Purpose and scope. 3.2 Authority. 3.3 Defin

10、itions. 3.4 Delegations of authority. Subpart BStandards for the Administra-tive Collection and Compromise of Claims 3.10 Aggressive agency collection activity. 3.11 Demand for payment. 3.12 Reporting of consumer debts. 3.13 Contracting with private collection contractors and with entities that loca

11、te and recover unclaimed assets. Reserved 3.14 Suspension or revocation of eligibility for loans and loan guarantees, licenses, permits, or privileges. 3.15 Liquidation of collateral. 3.16 Collection in installments. 3.17 Interest, penalties, and administrative costs. 3.18 Use and disclosure of mail

12、ing addresses. 3.19 Standards for the compromise of claims. 3.20 Standards for suspending or termi-nating collection activities. 3.21 Referrals of Debts to Justice. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00310 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD w

13、ith CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-301 Office of the Secretary, USDA 3.1 Subpart CReferral of Debts to Treasury 3.30 General requirements. 3.31 Mandatory referral for cross-servicing. 3.32 Discretionary referral for cross-serv-ici

14、ng. 3.33 Required certification. 3.34 Fees. Subpart DAdministrative Offset 3.40 Scope. 3.41 Procedures for notification of intent to collect by administrative offset. 3.42 Debtor rights to inspect or copy records, submit repayment proposals, or request administrative review. 3.43 Non-centralized adm

15、inistrative offset. 3.44 Centralized administrative offset. 3.45 USDA payment authorizing agency off-set of pro rata share of payments due en-tity in which debtor participates. 3.46 Offset against tax refunds. 3.47 Offset against amounts payable from Civil Service Retirement and Disability Fund. Sub

16、part EAdministrative Wage Garnishment 3.50 Purpose. 3.51 Scope. 3.52 Definitions. 3.53 Procedures. Subpart FAdministrative Reviews for Ad-ministrative Offset, Administrative Wage Garnishment, and Disclosure to Credit Reporting Agencies 3.60 Applicability. 3.61 Presiding employee. 3.62 Procedures. Su

17、bpart GFederal Salary Offset 3.70 Scope. 3.71 Definitions. 3.72 Coordinating offset with another Fed-eral agency. 3.73 Determination of indebtedness. 3.74 Notice requirements before offset. 3.75 Request for a hearing. 3.76 Result if employee fails to meet dead-lines. 3.77 Hearing. 3.78 Written decis

18、ion following a hearing. 3.79 Review of USDA records related to the debt. 3.80 Written agreement to repay debts as al-ternative to salary offset. 3.81 Procedures for salary offset: when de-ductions may begin. 3.82 Procedures for salary offset: types of collection. 3.83 Procedures for salary offset:

19、methods of collection. 3.84 Procedures for salary offset: imposition of interest, penalties, and administrative costs. 3.85 Non-waiver of rights. 3.86 Refunds. 3.87 Agency regulations. Subpart HCooperation with the Internal Revenue Service 3.90 Reporting discharged debts to the In-ternal Revenue Ser

20、vice. Subpart IAdjusted Civil Monetary Penalties 3.91 Adjusted civil monetary penalties. AUTHORITY: 5 U.S.C. 301; 31 U.S.C. 3701, 3711, 371618, 3720B; 31 CFR parts 285 and 901904. SOURCE: 10 FR 807, Jan. 23, 1945, unless oth-erwise noted. Redesignated at 13 FR 6903, Nov. 24, 1948. Subpart AGeneral S

21、OURCE: 73 FR 4, Jan. 2, 2008, unless other-wise noted. 3.1 Purpose and scope. (a) In general. (1) The regulations in this part prescribe standards and pro-cedures for use by USDA agencies in the collection, compromise, suspen-sion, or termination of debts owed to the United States. (2) The regulatio

22、ns in this part apply to all debts of the United States sub-ject to collection by USDA agencies, except as otherwise specified in this part or by statute. (3) The regulations in this part do not preclude the Secretary from collec-tion, compromise, suspension, or ter-mination of debts as otherwise au

23、thor-ized by law. In such cases the laws and implementing regulations that are spe-cifically applicable to claims collection activities of a particular agency gen-erally shall take precedence over this part. (b) Agency specific regulations. (1) The regulations of this part shall apply to the Commodi

24、ty Credit Corporation to the extent specified in 7 CFR part 1403. (2) USDA agencies may issue regula-tions to supplement this part in order to meet the specific requirements of in-dividual programs. (c) Inapplicability. The regulations of this part shall not apply to: VerDate Mar2010 11:10 Feb 02, 2

25、012 Jkt 226012 PO 00000 Frm 00311 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-302 7 CFR Subtitle A (1112 Edition) 3.2 (1) Collection of debts owed govern-ment travel car

26、d contractors by USDA employees; (2) Collection of debts owed by indi-vidual Food Stamp Program recipients for whom debt collection procedures are provided under 7 CFR 273.18. 3.2 Authority. The regulations in this part are issued under the Debt Collection Act of 1982, as amended by the Debt Collec-

27、tion Improvement Act of 1996 (DCIA) (31 U.S.C. 3701 et seq.) and the Federal Claims Collection Standards issued pursuant to the DCIA by Treasury and Justice (31 CFR parts 901904) that pre-scribe government-wide standards for administrative collection, compromise, suspension, or termination of agency

28、 collection action, disclosure of debt in-formation to credit reporting agencies, referral of claims to private collection contractors for resolution, and referral to Justice for litigation to collect debts owed the government. The regu-lations under this part also are issued under Treasury regulati

29、ons imple-menting DCIA (31 CFR part 285) and re-lated statutes and regulations gov-erning the offset of Federal salaries (5 U.S.C. 5512 and 5514; 5 CFR part 550, subpart K) and administrative offset of tax refunds (31 U.S.C. 3720A). 3.3 Definitions. For the purpose of this part, except as where othe

30、rwise specifically pro-vided, the term or terms: Agency means a subagency, office, or corporation within USDA subject to the authority or general supervision of the Secretary. Centralized administrative offset means referral of a debt to the Treasury Off-set Program (TOP) for offset of pay-ments mad

31、e to a debtor by Federal agencies other than USDA. Claim and debt are synonymous and interchangeable, and refer to an amount of money, funds, or property that has been determined by an agency official to be due the United States from any person, organization, or enti-ty, except another Federal agenc

32、y. Commercial debt means a debt arising out of a business activity. Consumer debt means a debt arising out of a personal activity. Contracting officer has the same meaning as in 41 U.S.C. 601. Credit reporting agencies (also known as credit bureaus) means major con-sumer credit reporting agencies th

33、at have signed agreements with agencies to receive and integrate credit infor-mation (data) from voluntary sub-scribers (Federal agencies and private sector entities) into their respective databases for the purpose of generating credit reports for sale to purchasers of credit data. Creditor agency m

34、eans a Federal agen-cy or USDA agency to which a debtor owes a debt, including a debt collection center when acting on behalf of a cred-itor agency in matters pertaining to collection of the debt. Day means calendar day unless oth-erwise specified. Debt collection center means Treasury or other gove

35、rnment agency or divi-sion, designated by the Secretary of the Treasury with authority to collect debt on behalf of creditor agencies in accordance with 31 U.S.C. 3711(g). Debtor means a person who owes a de-linquent, nontax debt to the United States. Delinquent means a debt that has not been paid b

36、y the date specified in the agencys initial written demand for payment or applicable agreement or in-strument (including a post-delinquency payment agreement), unless other sat-isfactory payment arrangements have been made, or as otherwise defined by program specific statutes or regula-tions. Federa

37、l agency means any other De-partment or entity within the Execu-tive branch of the government. Government or Federal government means the government of the United States, unless otherwise specified. Internal administrative offset means a non-centralized administrative offset between a USDA creditor

38、agency and a USDA payment authorizing agency. Justice means the United States De-partment of Justice. NAD means the USDA National Ap-peals Division. Non-centralized administrative offset means an agreement between a USDA creditor agency and a payment author-izing agency to offset the payments made b

39、y the payment authorizing VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00312 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-303 Office of the Secretary, USDA

40、3.11 agency to satisfy a USDA debt. An in-ternal administrative offset is a type of non-centralized administrative offset. Offset means withholding funds pay-able by the United States to, or held by the United States for, a person to sat-isfy a debt owed by the payee. OGC means the USDA Office of th

41、e General Counsel. Payee means a person who is due a payment from a payment authorizing agency, and includes a person who is entitled to all or part of a payment. Payment authorizing agency means a Federal agency or USDA agency that is authorized to disburse payments to a recipient. Person means an

42、individual, corpora-tion, partnership, association, organi-zation, State or local government, or any other type of public or private en-tity other than a Federal agency. Recoupment means a special method for adjusting debts arising under the same transaction or occurrence, such as obligations arisin

43、g under the same contract. Reviewing officer means a person des-ignated by a creditor agency as respon-sible for conducting a hearing or pro-viding documentary review on the ex-istence of the debt and the propriety of an administrative collection action. Secretary means the Secretary of Ag-riculture

44、, unless otherwise specified. Treasury means the United States De-partment of the Treasury. USDA means the United States De-partment of Agriculture. 3.4 Delegations of authority. The head of an agency is authorized to exercise any or all of the functions provided by this part with respect to program

45、s for which the head of the agency has delegated responsibility, and may delegate and authorize the re-delegation of any of the functions vest-ed in the head of the agency by this part, except as otherwise provided by this part. Subpart BStandards for the Ad-ministrative Collection and Compromise of

46、 Claims SOURCE: 73 FR 4, Jan. 2, 2008,unless other-wise noted. 3.10 Aggressive agency collection ac-tivity. An agency shall aggressively collect all debts arising out of activities of, or referred or transferred for collection services to, that agency. Collection ac-tivities shall be undertaken prom

47、ptly with follow-up action taken as nec-essary. 3.11 Demand for payment. (a) Demand Letters. Generally, debt collection is initiated with a written demand for payment to the debtor un-less an applicable agreement or instru-ment (including a post-delinquency payment agreement) provides other-wise (su

48、ch as providing USDA an im-mediate right to collect upon delin-quency). Written demand as described in paragraph (b) of this section shall be made promptly upon a debtor of the United States in terms that inform the debtor of the consequences of failing to cooperate with the agency to resolve the de

49、bt. The specific content, timing, and number of demand letters shall de-pend upon the type and amount of the debt and the debtors response, if any, to the agencys letters or telephone calls. Where statutes or agency regula-tions are specific as to the require-ments for demand letters, an agency shall follow its own procedures in for-mulating demand letters. Generally, one demand letter should suffice. In de-termining the timing of the demand