United States Department of Agriculture
Research, Education, and Economics
ARS * CSREES * ERS * NASS
Policies and Procedures
Title: | ARS Claims Against Non-Government Persons, Organizations, or Entities |
Number: | 328.0-ARS |
Date: | 10/25/1999 |
Originating Office: | Financial Management Division, Systems, Analysis, and Policy Branch, ARS/AFM |
This Replaces: | 328.0 dated April 22, 1992 |
Distribution: | ARS Offices in Headquarters, Areas, and Locations |
This
P&P provides:
|
Table of Contents
1. Authorities
2. Policy
3. Delegations
4. Summary of Responsibilities
The Director, FMD
The Director, Procurement and
Property Division (PPD); Director, Facilities Division
(or designees); Director, Extramural Agreements Division (or designees); ARS Authorized
Departmental Officers; and the Area Contracting Officer (or representative)
The AAO or Director, FMD (or
designee)
The HQ/Area Property Management
Officer
HQ/Area BFO
Location Area Officer (LAO),
Location Coordinator (LC), and/or supervisor or manager
Employee
5. Glossary
It is ARS policy to collect claims or debts for money or property due to the United States that arise from Agency activity, and cooperate and assist in collecting debts that arise from the activities of other Government agencies when appropriate notices are provided.
Referral Contact. For a situation or a condition that occurs which is not covered in this P&P or in the Financial Management Manual (FMM) procedures, contact the Director, Financial Management Division (FMD), for guidance.
The Director, FMD, is delegated the authority by the Deputy Administrator, Administrative and Financial Management (AFM), to make final decisions to terminate or continue ARS claims activity for particular debts that do not involve fraud, misrepresentation, false claims, or mutual mistakes after the National Finance Center (NFC) has tried without success to collect payment from ARS debtors. The Director, FMD, has the delegated authority to:
ARS' uncollectible claims or debts exceeding $100,000, as well as uncollectible claims or debts involving fraud, misrepresentation, false claims, or mutual errors will be forwarded to OGC by the Debt Management Officer (DMO). OGC will forward the claims or debts to the Attorney General of the United States for proper resolution.
NOTE: The NFC will maintain administrative records of ARS' uncollectible debts and the supporting fiscal documents for the required retention period.
The collection of a delinquent debt owed to the United States by a person or legal entity, under the Federal Claims Collection Act of 1966 (as amended), may be made through administrative offset against any monies that are payable or may become payable from the United States under this agreement to any person or legal entity not an agency or subdivision of a State or local government. (7 CFR 3.21(c))
NOTE: This statement does not apply to contracts or grants and agreements where administrative offset is prohibited or otherwise provided for by existing regulations and/or statutes (i.e. FAR, AGAR, etc.).
The AAO or Director, FMD (or designee)
The HQ/Area Property Management Officer
Location Area Officer (LAO), Location Coordinator (LC), and/or supervisor or manager
AAO. Area Administrative Officer.
Administrative Offset. An act by a Federal agency to withhold money payable by
the Government to a person or entity to satisfy a debt the person or entity owes to the
Government.
BFO. Budget and Fiscal Officer.
CFR. Code of Federal Regulations.
Claim. A demand for money or property due to the Government. It is the amount
determined by the appropriate Federal official(s) to be owed to the Government by a
person, organization, or entity other than another Federal agency.
Close-Out. The satisfactory completion of all administrative and asset accountability functions and processes involving the collection or write-off of a debt.
Collection. The process of receiving amounts owed to the Government, such as payment on a debt.
Compromise. To accept less than the full amount of the debt owed by the debtor to satisfy the debt.
Debt. Something owed to ARS or the Government (i.e., money, goods, or services).
DMO. Debt Management Officer (Chief, Administrative Billings and Collections
Branch, NFC).
FAR. Federal Acquisition Regulation.
FCCS. Federal Claims Collection Standards.
FMM. Financial Management Manual.
GAO. General Accounting Office.
LAO. Location Administrative Officer.
LC. Location Coordinator.
NFC. National Finance Center.
OGC. Office of the General Counsel, USDA.
OMB. Office of Management and Budget.
Settle. To resolve a debt or claim.
Suspend Collection. To place collection action temporarily in abeyance due to
the existence of a particular set of circumstances.
Write-off. To remove or subtract an amount previously classified as an asset
(account receivable) and charge the amount to an expense account. Write-off occurs when an
Agency official determines that a debt is uncollectible after all appropriate collection
measures have been used.
-/Sd/-
W. G. HORNER
Deputy Administrator
Administrative Management