### Transmittal Letter No. 668 Volume I

To: Heads of Government Department s, Agencies, and Others Concerned

1. Purpose

This transmittal letter releases new I TFM 4- 4000, Debt Management Services Collection of Delinquent Nontax Debt. This chapter describe s how the U.S. Department of the Treasury’s Financial Management Service (FMS) provides de linquent nontax debt collection services for Federal agencies. It describes:

 Federal agencies’ responsibilities to transfer eligible delinquent debts to FMS for collection action;

 FMS’s responsibilities to provide delinquent debt collection services for Federal agencies;

AND

 Fees charged by FMS for delinquent debt collection services.

2. Page Changes

Remove Insert

Table of Contents for Volume I (T/L 664) Table of Contents for Volume I

Table of Contents for Part 4 (T/L 664) Table of Contents for Part 4

I TFM 4-4000

3. Effective Date
This transmittal letter is effective immediately.2



### 4. Inquiries

Direct questions concerning this transmittal letter to:

Debt Management Services Financial Management Service Department of the Treasury 401 14th Street, SW., Room 446 Washington, DC 20227 Telephone: 202-874-3810 Email: debt-tfm@fms.treas.gov

Date: October 18, 2011 David A. Lebryk CommissionerVOL I 4-4000

T/L 668 1 October 2011 

## Part 4–Chapter 4000


# Debt Management Services Collection of Delinquent Nontax Debt

This Treasury Financial Manual (TFM) chapter describes how the U.S. Department of the Treasury’s Financial Management Service (FMS) provides delinquent nontax debt collection services for Federal agencies. It describes:

 Federal agencies’ responsibilities to transfer eligible delinquent debts to FMS for collection action;

 FMS’s responsibilities to provide delinquent debt collection services for Federal agencies; AND

 Fees charged by FMS for delinquent debt collection services.

Section 4010—Background

Federal agencies are required to aggressively pursue collection action on all debts arising out of their activities. Debts owed to the United States can arise from various Federal Government programs and actions, including loan and loan guarantee programs; overpayments to beneficiaries, Federal employees, or contractors; or penalties and fines owed from violations of law, etc. Each Federal agency should establish and implement effective collection strategies that suit its needs. Collection strategies must meet all statutory and regulatory requirements, and should include use of all authorized and appropriate debt collection tools. One such tool is the referral of nontax debts to FMS for debt collection services. The Debt Collection Improvement Act of 1996 (DCIA) generally requires Federal agencies to transfer any nontax debt delinquent over 180 days to FMS for debt collection services. After transfer, FMS must take appropriate action to service, collect, compromise, or suspend or terminate collection action on the debt (commonly referred to as “Cross-Servicing”). FMS has been providing delinquent debt collection services to Federal agencies since the enactment of the DCIA in 1996. Before publication of this TFM chapter, FMS and Federal agencies entered into Letters of Agreement describing their respective roles and responsibilities. This TFM chapter replaces and supersedes all existing Letters of Agreement. To the extent that this TFM chapter changes current processes, FMS will work with each Federal agency to implement the provisions of this TFM chapter.

Section 4015—Scope

There are two provisions requiring Federal agencies to submit debts to FMS for collection:

 31 U.S.C. § 3711(g) requires Federal agencies to transfer any nontax debt delinquent over 180 days to FMS for general debt collection services; AND

 31 U.S.C. § 3716(c)(6) requires Federal agencies to notify FMS of all nontax debts delinquent over 180 days for purposes of administrative offset. The provisions of this TFM chapter:

 Apply to all Federal agencies that are required or authorized to transfer debts to FMS per 31 U.S.C. § 3711(g);
AND

 Govern the collection of debts required to be, or that have been, transferred to FMS per 31 U.S.C. § 3711(g). Upon timely referral of a debt to FMS per 31 U.S.C. § 3711(g), the Federal agency also complies with the requirement to notify FMS of delinquent debts for administrative offset purposes, per 31 U.S.C. § 3716(c)(6), if the Federal agency authorizes FMS in the agency profile form to fulfill this requirement on its behalf.4-4000 VOL I

October 2011 2 T/L 668 Section 4020—Definitions

The following terms are defined for the purposes of this TFM chapter. Agency or Federal Agency —A department, agency or subagency, court, court administrative office, or instrumentality in the executive, judicial, or legislative branch of the Federal Government, including government corporations. Agency Profile Form —The document(s) the creditor agency completes to provide information to FMS about the creditor agency’s debt collection program, including, among other things, relevant statutory and regulatory authorities, general descriptions of each type of debt arising out of the creditor agency’s operations, and contact information for the creditor agency’s personnel who are available to assist FMS with questions related to the transferred debt. The agency profile form is an FMS document that FMS sends to Federal agencies for completion. Creditor Agency —Any Federal agency that is owed a delinquent nontax debt.
Debt —Has the same definition as set forth in 31 U.S.C. § 3701(b). Debt includes any amount of money, funds, or property that has been determined by an agency official of the Federal Government to be owed to the United States by a person. As used in this TFM chapter, debt does not include a debt arising under the Internal Revenue Code of 1986.
Debtor —A person who owes a debt to the United States. Eligible Debt —A debt that is valid, legally enforceable, and has no legal bars to collection.
Internal Offset —Withholding of funds payable to the debtor by the creditor agency to satisfy a debt owed by the debtor to the creditor agency. Nonexempt Debt —An eligible debt that has been delinquent for 180 days. Nonexempt debts do not include debts that, as further set forth by 31 CFR § 285.12(d), are in litigation, foreclosure, or forbearance; are being collected by internal offset; or, have been scheduled for sale.
Person —An individual, corporation, partnership, association, organization, State or local government, or any other type of entity, other than a Federal
agency. Recall —As set forth in subsection 4035.60, Recall and Return Transferred Debt, the notification by the creditor agency to FMS that FMS must cease its debt collection efforts for a particular debt and that the responsibilities for servicing, collecting, or compromising the debt, or for suspending or terminating collection action on the debt, have been transferred back to the creditor agency.
Return—As set forth in subsection 4040.50, Return Transferred Debt, the notification by FMS to the creditor agency that FMS has ceased collection efforts on behalf of the creditor agency and that the responsibilities for servicing, collecting, or compromising the debt, or for suspending or terminating collection action on the debt, have been transferred back to the creditor agency.
The Freedom of Information Act

— The Freedom of Information Act (5 U.S.C. § 552), as amended. The Privacy Act —The Privacy Act of 1974 (5 U.S.C. § 552a), as amended. Treasury Offset Program (TOP)

— The centralized offset program administered by FMS to collect delinquent debts owed to Federal agencies and States by withholding payments owed to debtors by Federal agencies and States, per 26 U.S.C. § 6402(d), 31 U.S.C. § 3716, 31 U.S.C. § 3720A, and other applicable laws.
Transfer —The referral of the responsibilities for servicing, collecting, or compromising a delinquent debt, or for suspending or terminating collection action on a delinquent debt, from the creditor agency to FMS. For accounting and reporting purposes, however, the debt remains on the books and records of the creditor agency. Section 4025—General Rule

Creditor agencies must transfer all nonexempt debts that are delinquent more than 180 days to FMS for debt collection services. FMS strongly encourages creditor agencies to transfer all eligible delinquent debts to FMS for debt collection services before they are delinquent 180 days. FMS provides delinquent debt collection services to creditor agencies in compliance with applicable law. Creditor agencies are strongly encouraged to use all available debt collection tools.

Section 4030—Authority

4030.10—FMS Authority to Service Debts and Promulgate Regulations

This TFM chapter is issued under the authority of Section 31001(m)(1) of the Debt Collection Improvement Act of 1996, Public Law 104-134, 110 Stat. 1321-358 (1996), codified at 31 U.S.C. § 3711(g), and corresponding regulations codified at 31 CFR § 285.12. FMS, as a designated debt collection center, is responsible for collecting and otherwise servicing transferred debts. FMS is also responsible for promulgating regulations governing the roles and responsibilities of FMS and creditor agencies regarding the collection of delinquent Federal nontax debt.

4030.20—FMS Authority to Charge Fees

Per 31 U.S.C. § 3711(g)(6), FMS is authorized to charge fees to creditor agencies to cover FMS’s costs of servicing transferred debts. Per 31 U.S.C. § 3717(e), creditor agencies are generally required to charge debtors for the costs of collection, including the fees charged by FMS for the servicing of such debts. For a further discussion of fees and costs, see Section 4045, Fees and Costs.VOL I 4-4000

T/L 668 3 October 2011 4030.30—FMS Authority to Compromise Debts and/or Collect Debts in Installments

Per 31 U.S.C. §§ 3711(g)(1)(B), 3711(g)(4), and 3711(g)(5), and the authority delegated to FMS by the Department of Justice, FMS is authorized to take appropriate action to collect or compromise transferred debts. With regard to debts that have been transferred to FMS for debt collection services, FMS has the same authority available to the head of the creditor agency to compromise transferred debts or collect transferred debts in installments. In addition, the Department of Justice has delegated to FMS the authority to compromise debts with a principal balance of up to $500,000. FMS may accept proposed compromises of debts with a principal balance of over $500,000 only with the approval of the Department of Justice. FMS may collect and/or compromise debts in accordance with applicable Federal law, including the Federal Claims Collection Standards (31 CFR Parts 900-904). Prior to transferring debts, the creditor agency must provide to FMS a detailed description of any agency or debt-specific laws, policies, and procedures that govern the compromise and/or collection of its debts. See subsection 4035.10, Complete an Agency Profile Form.

4030.40—FMS Authority to Suspend and/or Terminate Collection Action

Per 31 U.S.C. §§ 3711(g)(1)(B), 3711(g)(4), and 3711(g)(5), and the authority delegated to FMS by the Department of Justice, FMS is authorized to terminate collection action on transferred debts with a principal balance of up to $500,000. FMS may approve the termination of collection action for debts with a principal balance of over $500,000 only with the approval of the Department of Justice. Per subsection 4035.20, Certify Debt, when a creditor agency transfers a debt to FMS, the creditor agency certifies that the debt is valid, legally enforceable, and that all requisite due process has been completed. FMS may, but is not obligated to, suspend collection activity if FMS determines that the creditor agency’s certification is incomplete, inaccurate, or unreliable, or if FMS determines that facts have changed since the creditor agency certified the debt and the debt is no longer valid and/or legally enforceable. In addition, FMS may suspend and/or terminate collection action in accordance with applicable Federal law, including the Federal Claims Collection Standards (31 CFR Parts 900-904).

Section 4035—Creditor Agency Responsibilities

4035.10—Complete an Agency Profile Form

Each creditor agency must identify the programs for which FMS’s debt collection services are required or desirable. For each such program, before transferring debts to FMS, the creditor agency must complete an agency profile form. Creditor agencies may combine programs with the same requirements on one agency profile form. Creditor agencies must update this form as necessary to reflect program changes. The agency profile form must be in the medium or media that FMS directs. The creditor agency must, in the agency profile form, advise FMS of any statutory or regulatory provisions that uniquely affect its collection activities. The creditor agency should also describe any relevant policies it has with regard to the collection of its transferred debts. If the head of the creditor agency does not have full authority with regard to the compromise of its debts and/or the collection of its debts in installments (or if there is a legal prohibition on the delegation of this authority to FMS), the creditor agency must fully describe such limitations in the agency profile form, including citations to specific legal authorities. The creditor agency also must describe thoroughly the specialized process through which these debts can be compromised and/or collected in installments, including the relevant factors that would be considered through this specialized process. For these debts, the creditor agency must approve or disapprove any compromise agreements proposed by FMS within 10 business days of such a request, or within such other time period as allowed by FMS.

4035.20—Certify Debt

The creditor agency must execute an annual written agreement with FMS certifying, among other things, that, at the time of the transfer of any debts:

 The debts are delinquent.

 The debts are valid.

 The debts are legally enforceable in the amount stated.

 There are no legal bars to collection.
AND

 The creditor agency has completed all requisite due
process. For the purpose of this certification requirement, the term “transferring debts” includes the transfer to FMS of any information or documentation related to a debt; any documentation or information related to a debtor; and any updates, changes, corrections, or modifications made to any debts or debtor information previously transferred to FMS. The creditor agency must ensure that any person authorized to transfer a debt to FMS for the creditor agency understands that, by transferring the debt, he or she is making a certification to FMS under penalty of perjury. The creditor agency must ensure that only appropriate persons are authorized to transfer debts to FMS.4-4000 VOL I

October 2011 4 T/L 668 4035.30—Comply With Relevant Laws and Authorize Use of All Appropriate Debt Collection Tools

The creditor agency must comply with all relevant statutes and regulations, and must advise FMS of any statutory or regulatory provisions that uniquely affect the creditor agency’s debt collection activities. In the agency profile form, creditor agencies must authorize FMS to use all collection tools listed in subsection 4040.10, Collect and Compromise Transferred Debt, or provide a specific explanation of why a collection tool is not legally authorized. Alternatively, if, in consultation with FMS, the creditor agency determines that the use of a particular collection tool is not in the best interest of the Government, then the creditor agency must provide to FMS a written explanation of its determination. FMS, in its discretion, will make the final determination regarding whether the use of a collection tool is not in the best interest of the Government. Creditor agencies must establish regulations and/or procedures with regard to:

 Collection of delinquent debt, generally;

 Collection of delinquent debt through administrative offset (including salary offset) and tax refund offset;

 Reporting delinquent debt to credit bureaus;

 Collection of delinquent debt through administrative wage garnishment;

 Responding to debt disputes and credit bureau disputes;

 Responding to requests for additional information and, if applicable, requests to accept proposed compromise or installment agreements;
AND

 Collection of delinquent debt through any other debt collection tools for which regulations and/or established procedures are required. Creditor agencies should consult with their counsel for assistance with establishing regulations and/or procedures.

4035.40—Transfer Eligible Debts to FMS; Provide Debt and Debtor Information to FMS

Creditor agencies must transfer all nonexempt debts that are delinquent more than 180 days to FMS for debt collection services, and are strongly encouraged to transfer all eligible debts sooner. After transfer, the creditor agency should cease all collection activity and communication with the debtor and must refer all inquiries from the debtor to FMS. The creditor agency remains solely responsible at all times for ensuring the continued validity and enforceability of the debt. Before transferring a debt to FMS, the creditor agency must make written demand on the debtor for payment and must provide the debtor with all required due process. At the time of transfer, the creditor agency must provide FMS, in the medium or media that FMS directs, the following information:

 Name of the debtor;

 Address of the debtor, if available;

 Taxpayer identification number, if available;

 Principal balance of the debt;

 Date on which the debt became delinquent;

 Applicable statute of limitations for pursuing litigation, if available;
AND

 Any other information FMS requires to be included in the transfer file. In addition, at the time of transfer or as soon thereafter as practicable, the creditor agency must provide FMS with accurate, appropriate information, in the medium or media that FMS directs, to facilitate the performance of FMS’s debt collection operations and to support the validity of the debt, including, if applicable:

 Copies of signed promissory notes;

 Copies of citations and/or notifications of fines or penalties;

 Copies of initial demand letters establishing debts;

 Copies of due-process notices;
AND

 Any other supporting documentation, as appropriate or as may be requested by FMS. The creditor agency must, at the time of transfer and from time to time as it receives updated information, provide FMS with information about a debtor, in a timely manner, including:

 Updated addresses;

 Taxpayer identification numbers;
AND

 Other information needed to collect debts. The creditor agency must reply within 10 business days to any request by FMS for information regarding a transferred debt or debtor, including requests for:

 Relevant documentation or accounting records.

 Information needed to respond to inquiries resulting from the Government’s collection efforts. Such inquiries may be from Congress, inspectors general, requestors under the Freedom of Information Act or the Privacy Act, or other relevant parties.
AND

 Information needed to respond to a dispute (whether received from the debtor or another source). The creditor agency must promptly conduct all required reviews and hearings or must authorize FMS to do so on its behalf pursuant to a written agreement.VOL I 4-4000

T/L 668 5 October 2011 The creditor agency must promptly notify FMS about any litigation resulting from FMS’s collection efforts or impacting the Government’s debt collection authorities. The creditor agency also must assist FMS in defending litigation, resulting from FMS’s collection efforts. In addition, with regard to FMS’s efforts to collect debt through litigation, the creditor agency must, upon request, assist FMS by providing supporting documentation, live witnesses, and other litigation support.

4035.50—Maintain Records

The creditor agency must maintain timely and accurate delinquent debt records, including updated information such as debtor information and debt balances. The creditor agency remains the owner of the debt throughout the debt collection process. Per subsection 4040.30, Modify Records, FMS will, if appropriate, update and/or modify its delinquent debt and debtor records with informationobtained from its skiptracing and assetlocation services. The creditor agency must notify FMS as soon as it learns that any such updates or modifications to such records are incorrect.

4035.60—Recall and Return Transferred Debt

The creditor agency must recall a transferred debt if:

 The debtor has filed for bankruptcy and the automatic stay is in effect.

 The debt is not enforceable.

 The debt is not delinquent.

 The debt is not valid or has been paid in full.

 The creditor agency discovers that it incorrectly certified the debt.
OR

 The creditor agency discovers any other reason that would render its certification invalid. Upon the recall of a debt in accordance with this section or the return of a debt by FMS in accordance with subsection 4040.50, Return Transferred Debt, the creditor agency must service, collect, or compromise the debt, or must suspend or terminate collection action on the debt. If the creditor agency determines that termination of collection action is authorized and appropriate, it should consider whether administrative offset per 31 U.S.C. § 3716 might still be appropriate. The creditor agency may transfer previously returned or recalled debts back to FMS for servicing, if appropriate.

Section 4040—FMS Responsibilities

4040.10—Collect and Compromise Transferred Debt

FMS, or its private collection contractor in accordance with FMS’s contract requirements, will take appropriate action to collect and/or compromise transferred debts per applicable statutory and regulatory requirements. FMS, or its private collection contractor, will take one or more of the following actions, if authorized by the creditor agency in the agency profile form, as FMS deems appropriate:

 Send demand letters;

 Call the debtor;

 Refer the debt to TOP;

 Enter into repayment agreements;

 Enter into compromise agreements;

 Refer the debt to private collection contractors;

 Report the debt to credit bureaus;

 Gather information about the debtor, including purchasing credit reports to assist in the collection effort and using skiptracing and asset-location services;  Administratively garnish wages after:

 Locating the debtor’s employer;

 Sending any required dueprocess notice to the debtor;

 Issuing the garnishment order to the employer;
AND

 Taking necessary steps to enforce the order against the employer, including, if necessary, initiating litigation;

 Refer the debt to the Department of Justice for litigation;

 Report compromised debt to the Internal Revenue Service on the appropriate Form 1099-C, if instructed to do so by the creditor
agency; AND

 Take any additional steps necessary to enforce recovery.

4040.20—Maintain and Update Records

FMS will make available to the creditor agency sufficient information for the creditor agency to update its delinquent debt records, maintain accurate debt balance information, reconcile its debt information, and run status reports on all collection activities. FMS will provide the creditor agency with a complete accounting of all fees charged (per Section 4045, Fees and Costs), if requested by the creditor
agency. As appropriate, FMS will provide the creditor agency with access to other relevant information regarding transferred debts.

4040.30—Modify Records

FMS will, if appropriate, update and/or modify its delinquent debt and debtor records with information obtained from its skiptracing and asset-location services. This information may include, among other things, contact information4-4000 VOL I

October 2011 6 T/L 668 for the debtor (including mailing addresses, physical addresses, phone numbers, and email addresses), alternative debtor names (including alternative spellings, maiden names, married names, nicknames, and other aliases), taxpayer identification numbers, and employer information.

4040.40—Respond to Disputes and Inquiries

FMS, or its private collection contractor in accordance with FMS’s contract requirements, will respond to all debtor inquiries during the time period that FMS is servicing the debt. As necessary, FMS will consult with the creditor agency to assist with its
responses. If a debtor (or someone on the debtor’s behalf) disputes the validity or enforceability of a debt, FMS may, if appropriate, submit such disputes to the creditor agency for resolution. Disputes may be based on assertions that the debt is not owed, that the debt was repaid, that the automatic stay in bankruptcy precludes collection, that the debt was discharged in bankruptcy, or a variety of other bases. FMS will provide the information necessary for the creditor agency to respond to inquiries resulting from the Government’s collection efforts. Such inquiries may be from Congress, inspectors general, requestors under the Freedom of Information Act or the Privacy Act, or other relevant parties. FMS will assist the creditor agency in defending litigation resulting from the Government’s collection efforts.

4040.50—Return Transferred Debt

FMS may, but is not required to, return a debt to the creditor agency if FMS determines that one or more of the following factors is met:

 The balance of the debt, as reported to FMS by the creditor agency, is $0.

 FMS has been unable to locate the debtor.  FMS has been unsuccessful in its debt collection efforts.

 The creditor agency has requested the debt be returned, and FMS, in its discretion, believes that return is appropriate.

 The creditor agency’s certification is incomplete, inaccurate, or unreliable, including because:

 The debtor has filed for bankruptcy and the automatic stay is in effect.
OR

 The debt is invalid or unenforceable.

 Facts have changed since the creditor agency certified the debt, and the debt is no longer valid and/or legally enforceable.

 The debtor (if an individual) is deceased.

 The debtor (if an entity) is no longer in business and has dissolved in accordance with applicable law.

 The debtor has an inability to pay.
OR

 FMS determines that return is appropriate.
A return based on a circumstance above is not a final determination by FMS that such a circumstance exists. The creditor agency must make the final determination about whether the circumstance exists.

4040.60—Suspend and/or Terminate Collection Action

FMS m ay suspend collection action on its own initiative or, if appropriate, at the request of the creditor agency. If appropriate, upon return of a transferred debt with a principal balance of up to $500,000, FMS may approve the termination of collection action. Return of a debt, by itself, does not constitute FMS’s approval to terminate collection action. However, unless otherwise specified, if FMS returns a debt with a principal balance of up to $500,000 for any of the following reasons, FMS will be deemed to have granted its approval to terminate collection action:

 FMS has been unable to locate the debtor.

 FMS has been unsuccessful in its debt collection efforts.

 FMS has discovered that the debtor (if an individual) is deceased, unless a claim may be filed against the decedent’s estate.
OR

 The debtor (if an entity) is no longer in business and has dissolved in accordance with applicable law. The creditor agency is responsible for determining whether it is appropriate to terminate collection action.

4040.70—Credit Collections to the Creditor Agency

FMS will credit collections (less the fees charged to the creditor agency, per Section 4045, Fees and Costs) to the appropriate Agency Location Code via the Intra-governmental Payment and Collection System (IPAC).
If FMS’s collection efforts result in a collection of funds greater than the total amount of debt owed by a debtor or result in a collection of funds in violation of law, the creditor agency is responsible for refunding such erroneous collections, if such a refund is appropriate. If FMS is aware that an erroneous collection may have occurred, FMS will notify the creditor agency of the possible erroneous collection.

Section 4045—Fees and Costs

4045.10—Fees Charged to the Creditor Agency

4045.10a—FMS Fees

The creditor agency must pay fees to FMS. The fees are set forth in the Debt Management Services Fee Schedule,VOL I 4-4000

T/L 668 7 October 2011 which FMS will make available to creditor agencies. Fees are based on all collections received after the transfer of the debt from the creditor agency to FMS (and before the debt has been returned to or recalled by the creditor agency), other than collections generated by the creditor agency through internal offset.

4045.10b—Other Fees

In addition to the fees described in subsection 4045.10a, FMS Fees, the creditor agency must pay other fees andcharges due to FMS for debt collectionrelated costs, including fees charged by private collection contractors, the Department of Justice, or the Internal Revenue Service. These fees are set forth in the Debt Management Services Fee Schedule.

4045.10c—Refund of Fees

FMS will retain its fees from amounts collected on behalf of the creditor agency, regardless of whether the collection on which the fee is based was, or is required to be, returned by the creditor agency to the debtor. Notwithstanding, FMS will refund to the creditor agency any fees (if such fees are more than $10):

 If FMS, through no fault of the creditor agency, collects an amount greater than the debt balance and charged fees on such overcollections;
OR  If FMS erroneously charged the creditor agency a fee, regardless of whether FMS or the creditor agency caused the error.

4045.20—Costs Charged to the Debtor

Unless prohibited or otherwise provided for by law, the creditor agency, pursuant to 31 U.S.C. § 3717, must charge the debtor for the costs of processing and handling the transferred debts, including any fees the creditor agency is charged by FMS. The creditor agency must credit each debt with all payments made by a debtor on account of a debt, including payments for fees paid by the creditor agency to FMS.4-4000 VOL I

October 2011 8 T/L 668 

# Contacts

Direct inquiries concerning this TFM chapter to:

Debt Management Services Financial Management Service Department of the Treasury 401 14th Street, SW., Room 446 Washington, DC 20227 Telephone: 202-874-3810 Email: debt-tfm@fms.treas.govVolume I

T/L 668 October 2011 i 

### TREASURY FINANCIAL MANUAL

TABLE OF CONTENTS Part Chapter Title

1 INTRODUCTION

1000 Purpose and Plan of the Treasury Financial Manual (TFM) 2000 Financial Operations Startup Procedures for New Federal Entities



### 2 CENTRAL ACCOUNTING AND REPORTING

1000 Introduction 1500 Description of Accounts Relating to Financial Operations 2000 Warrant and Nonexpenditure Transfer (NET) Transactions 2500 Expenditure Transactions Between Appropriation, Fund, and Receipt Accounts 3100 Instructions for Disbursing Officers’ Reports 3200 Foreign Currency Accounting and Reporting 3300 Statement of Transactions (FMS 224) Reporting by Agencies for Which the Treasury Disburses 3400 Accounting for and Reporting on Cash and Investments Held Outside of the U.S. Treasury 3500 Daily Transmittal for Internal Revenue Service 3900 Reconciliation to Financial Manageme nt Service (FMS) Accounting Results 4100 Debt Management Reports 4200 Agency Reporting on Unexpended Balances of Appropriations and Funds (Federal Agencies’ Centralized Trial-Balance System II, FMS Form 2108: Year-End Closing Statement) 4300 Reporting Instructions for Accounts Invested in Department of the Treasury Securities 4500 Grants, Loans, Credits, and Contingent Liabilities Involving Foreigners 4600 Treasury Reporting Instructions for Credit Reform Legislation 4700 Agency Reporting Requirements for the Financial Report of the United States Government 5000 Accounting and Reporting on Monetary Assets (Non Operating Cash Items) Held by U.S. Treasury Offices 5100 Reconciling Fund Balance With Treasury Accounts



### 3 PAYROLLS, DEDUCTIONS, AND WITHHOLDINGS

1000 Introduction 2000 Payroll Vouchers 3000 Payments to the Office of Personnel Ma nagement for Health Benefits, Group Life Insurance, and Civil Service Retirement 4000 Federal Income, Social Security, and Medicare Taxes 5000 Withholding of District of Columbia, State, City, and County Income or Employment TaxesVolume I

October 2011 T/L 668 ii 

### Part Chapter Title

4 DISBURSING

1000 Introduction 1100 Delegations and Designations of Au thority for Disbursing-Related Functions 1500 Treasury’s Electronic Funds Transfer (EFT) Requirement 2000 Payment Issue Disbursing Procedures 2100 Submitting Required Improper Payments Information for Publication on the PaymentAccuracy.gov Web Site 3000 Third-Party Draft Procedures for Imprest Fund Disbursing Activities 4000 Debt Management Services Collection of Delinquent Nontax Debt 4500 Government Purchase Cards 5000 Requisitioning, Preparing, and Issuing Treasury Checks 6000 Checking Accounts With the U.S. Treasury 7000 Cancellations, Deposits, and Claims for Checks Drawn on the U.S. Treasury 7100 Check Reclamations 8000 Designated Depositary Checking Accounts 9000 Foreign Exchange 10000 Delegation of Disbursing Authority



### 5 DEPOSIT REGULATIONS

1000 Introduction 2000 Checks and Cash Received in Collections 4000 Making Deposits 4100 Requirements for Using Depositaries To Hold Public Money 4500 Deposits to Treasury Through the Fedwire Deposit System 4600 Treasury Automated Lockbox Network 4700 Plastic Card Collection Network 5000 Uncollected and Lost Checks 6000 Disposition of Foreign Currency and Checks Drawn on Foreign Banks



### 6 OTHER FISCAL MATTERS

1000 Introduction 2000 Cash Advances Under Federal Grant and Other Programs 3000 Payments of Unclaimed Moneys and Refund of Moneys Erroneously Received and Covered 3100 Certifying Payments and Recording Corre sponding Intragovernmental Receivables in the Federal Government’s Judgment Fund 4000 Intra-Governmental Payment and Collection (IPAC) System 5100 Recovering Unclaimed Federal Financial Assets 6000 Payment Procedures Upon Expiration of an Appropriation or a Continuing Resolution 7000 Reporting Integrated Funding Trans actions of Federal Assistance Programs 8000 Cash Management 8500 Cash Forecasting Requirements 9000 Securing Government Deposits in Federal Agency AccountsVolume I

T/L 668 i October 2011 

### PART 4 - DISBURSING

Table of Contents

Chapter Section Title

1000 INTRODUCTION

1010 Scope and Applicability 1015 Authority 1020 Compliance With Executive Order 13224 (Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism) and Foreign Assets Control Regulations 1025 Changes in Disbursing Services 1030 Contacting Treasury’s RFCs Contacts

Appendix

Treasury’s Regional Financial Centers



### 1100 DELEGATIONS AND DESIGNATIONS OF AUTHORITY FOR DISBURSING-RELATED FUNCTIONS

1110 Scope and Applicability 1115 Authority 1120 Definitions of Terms 1125 General Form Instructions for Delegati ons and Designations (FMS 2958 and 210 Series) 1130 Head of Agency Delegation (FMS 2958) 1135 Delegations of Designation Authority (FMS 2958) 1140 Designation of Certifying Officer (FMS 210CO) 1145 Designation of SPS Data Entry Operators (FMS 210DEO) 1150 Designation of Designated Agent To Receive and Deliver Checks (FMS 210DA) Contacts

Appendices

1. FMS 2958: Delegation of Authority 2. FMS 210CO: Designation for Certifying Officer 3. FMS 210DEO: Designation for SPS Data Entry Operator 4. FMS 210DA: Designation for Agent To Receive & Deliver Checks 5. SF 1195: Recommendation for Designation and Revocation of Agent To Receive and Deliver Checks and Savings BondsVolume I Part 4

October 2011 T/L 668 ii 

### 1500 TREASURY’S ELECTRONIC FUNDS TRANSFER (EFT) REQUIREMENT

1510 Disbursements – General Guidelines 1515 Authority 1520 Agency Process – New Benefit Recipients 1525 Agency Process – Existing Benefit Recipients 1530 Vendor Payments 1535 Miscellaneous and Salary Payments 1540 Agency Waivers 1545 Agency Compliance 1550 EFT Payment Mechanisms 1555 Payments to Prepaid Cards Contacts



### 2000 PAYMENT ISSUE DISBURSING PROCEDURES

2010 Scope and Applicability 2015 Authority 2020 Control Over Disbursements 2025 Basic Disbursement Requirements 2030 Standard Form Vouchers 2035 Information To Be Furnished on Vouchers 2040 Certification and Approval of Vouchers 2045 Payments From Basic Vouchers 2050 Payments From Treasury Electronic Certification System Voucher and Schedule of Payments 2055 Payments From Paper SF 1166, V oucher and Schedule of Payments 2060 Payments From SF 1166-EDP, V oucher and Schedule of Payments 2065 Foreign Currency Payments 2070 Furnishing of Enclosures or Inserts With Treasury Checks 2075 Restricted Delivery of Checks 2080 Designating Agents to Receive Salary Checks Contacts

Appendices



### 1. SF 1166: Voucher and Schedule of Payments SF 1167: Voucher and Schedule of Payments (Continuation Sheet) SF 1166-EDP: Print Layout SF 1166-EDP V oucher and Schedule of Payments (Computer-generated) 2. SF 1166: Voucher and Schedule of Payments Explanation of Items To Be Reported on SF 1166 Scheduled for Payment in Foreign Currency SF 1166: Voucher and Schedule of Payments Explanation of Items To Be Reported on SF 1166 Scheduled for Payment When the Precise Equivalent To Be Paid in Foreign Currency Is Not Known SF 1166: Voucher and Schedule of Payments Explanation of Items To Be Reported on SF 1166 Scheduled for Payment to a Payee in an Excess or Near-Excess Currency Country When Payment Must Be Made in U.S. Dollars SF 1166: Voucher and Schedule of Payments Explanation of Items To Be Reported on SF 1166 Scheduled for Payment When the Amount Payable in Foreign Currency is Limited by Law 3. Insert Specifications, Packing, and Sh ipping Instructions for Tabulating Cards 4. List of Restricted Countries Designated in 31 CFR Part 211 5. List of Foreign Assets Control Regulations Referenced in 31 CFR Part 211Part 4 Volume I

T/L 668 October 2011 iii 

### 2100 SUBMITTING REQUIRED IMPROPER PAYMENTS INFORMATION FOR PUBLICATION ON THE PAYMENTACCURACY.GOV WEB SITE

2110 Background and Introduction 2115 Authority 2120 Definition of Terms 2125 Agencies and Programs Subject to the Requirements 2130 PaymentAccuracy.gov Web Site – Agency Submission Requirements 2135 How does the PaymentAccuracy.gov Web site collect information on suspected incidents of waste, fraud, and abuse? 2140 What are the timelines for agencies to submit required improper payments information to FMS for publication on the PaymentAccuracy.gov Web site ? 2145 How does certain Agency Head Quarterly High-Dollar Report information get posted on the PaymentAccuracy.gov Web site? Contacts

Appendices

1. Linking to the PaymentAccuracy.gov Web Site 2. Timelines for Agencies To Submit Required Improper Payments Information for Publication on the PaymentAccuracy.gov Web Site



### 3000 THIRD-PARTY DRAFT PROCEDURES FOR IMPREST FUND DISBURSING ACTIVITIES

3010 Background 3015 Authority 3020 Third-Party Drafts Contacts

4000 DEBT MANAGEMENT SERVICES COLLECTION OF DELINQUENT NONTAX DEBT

4010 Background 4015 Scope 4020 Definitions 4025 General Rule 4030 Authority 4035 Creditor Agency Responsibilities 4040 FMS Responsibilities 4045 Fees and Costs Contacts

4500 GOVERNMENT PURCHASE CARDS

4510 Authority 4515 Policy and Use 4520 Definition of Terms 4525 Agency Procedures 4530 Refund of Contractual Costs 4535 Review and Approval of Billing Statement for Payment 4540 Electronic Commerce ContactsVolume I Part 4

October 2011 T/L 668 iv 

### 5000 REQUISITIONING, PREPARING, AND ISSUING TREASURY CHECKS

5010 General 5015 Submission of Disbursing Officers’ Signature Specimens and Designation of Assistants 5020 Specifications and Characteristics of Treasury Checks 5025 Requisitioning Treasury Checks 5030 Safekeeping and Control of Blank Check Stock 5035 Drawing and Inscribing Treasury Checks Contacts

Appendices

1. GPO Form 2431: Print Order 2. Packaging Units and Shipping Weights 3. Definition of Secure Room



### 6000 CHECKING ACCOUNTS WITH THE U.S. TREASURY

6010 Scope and Applicability 6015 Checking Account Symbol Maintenance 6020 Check-Issue Reporting 6025 Reporting of Documents by Disbursing Offices 6030 Spoiled Checks 6035 Control Checks 6040 Voided Checks 6045 Checking Account Reconciliation Reports and Adjustments by FMS 6050 Check-Issue Adjustments by Disbursing Offices Contacts

Appendices

1. SF 1179: Month End Check Issue Summary 2. FMS 5206: Advice of Check Issue Discrepancy 3. OF 1017-G: Journal Voucher 4. CRRER252: Notification of Check Issue Correction – Disbursing Office Requested



### 7000 CANCELLATIONS, DEPOSITS, AND CLAIMS FOR CHECKS DRAWN ON THE U.S. TREASURY

7010 Scope and Applicability 7015 Authority 7020 Definition of Terms 7025 Limited Payability Cancellation 7030 Available Check Cancellation Processing 7035 Accounting and Reporting Requirements for Available Check Cancellations 7040 Determining the Status of Checks 7045 Nonreceipt and Nonentitlement Claims Processing 7050 Accounting and Reporting Requirements 7055 Processing Check Forgery Claims 7060 FMS 3864: The Agency Recertification Follow-Up 7065 Miscellaneous Claims 7070 Handwriting Analysis of Checks Older Than 1 Year for Which UCCs Have Not Been Requested TimelyPart 4 Volume I

T/L 668 October 2011 v Contacts

Appendices

1. Stop Reason Codes 2. SF 1081: Voucher and Schedule of Withdrawals and Credits 3. Return Codes 4. SF 1098: Schedule of Canceled or Undelivered Checks 5. Check Status Codes 6. FMS 3858: Claims Document (consisting of FMS 1133 and instructions) 7. Status Codes/Messages Provided to the FPA or NTDO 8. OF 1017-G: Journal Voucher 9. FMS 224: Statement of Transactions 10. Claims Disposition Notice 11. FMS 3864: Agency Recertification Follow-Up 12. Holder-In-Due-Course Cover Letter 13. Affidavit and Indemnity Agreement for Lost U.S. Treasury Check



### 7100 CHECK RECLAMATIONS

7110 Scope and Applicability 7115 Authority 7120 Definition of Terms 7125 Check Reclamations 7130 Interest, Penalty Charges, and Administrative Fees 7135 Collection Action 7140 Electronic Transmission of Partial Credits 7145 Abandoned Reclamations 7150 Reporting to the IRS on IRS Form 1099-C: Cancellation of Debt Contacts

Appendices

1. Abandonment Notice to Agencies 2. Agency Receivables for IRS Form 1099-C Reporting 3. Corrected Agency Receivables for IRS Form 1099-C Reporting



### 8000 DESIGNATED DEPOSITARY CHECKING ACCOUNTS

8010 Introduction 8020 Checks, Check Issue Records, and Deposit Information 8030 Voided and Spoiled Checks 8040 Check Issue Adjustments by Disbursing Offices 8050 Cancellation of Depositary Checks 8060 Undeliverable Checks Drawn on Designated Depositaries 8070 Claims on Account of Nonreceipt, Loss, Theft, Destruction, Mutilation, or Forgery of Depositary Checks 8080 Periodic Transfer of Proceeds of Uncurrent Checks 8085 Monthly Depositary Bank Statement 8090 Closing of the Bank Accounts 8095 Inquiries

Appendix

Forms Prescribed for Designated Depositary Checking AccountsVolume I Part 4

October 2011 T/L 668 vi 

### 9000 FOREIGN EXCHANGE

9010 Background 9015 Authority 9020 Instructions Contained in Othe r Treasury Financial Manual Chapters 9025 Definition of Terms 9030 Designated Depositaries 9035 Foreign Exchange Transactions for Official Purposes 9040 Cashing Checks and Other Instruments in Foreign Countries for Accommodation Purposes 9045 Acquisition of Foreign Exchange 9050 Rate of Exchange for Expenditures and Accommodation Exchanges 9055 Collections and Interest on Deposits 9060 Disbursements 9065 Gains and Deficiencies Contacts



### 10000 DELEGATION OF DISBURSING AUTHORITY

10010 Authority 10015 Standards for Delegating Disbursing Authority 10020 Delegated Disbursing Authority Document 10025 Authorities of Treasury's CDO 10030 Responsibilities and Liabilities of an Agency With Delegated Disbursing Authority 10035 Oversight Requirements 10040 Termination of Delegated Disbursing Authority Contacts