The Digital Accountability and Transparency (DATA) Act
New Delinquent Debt Requirements Under the Digital Accountability and Transparency Act (DATA Act)
The Bureau of the Fiscal Service's Debt Management Services (DMS) would like to make you aware of two new requirements related to debt collection set forth in the Digital Accountability and Transparency Act (DATA Act), Pub. L. 113-101, signed into law on May 9, 2014, and ask for your assistance with its implementation.
Specifically, Section 5 of the DATA Act amends 31 U.S.C. 3716(c)(6) and now requires agencies to refer to Treasury valid, delinquent nontax debts for the purpose of administrative offset at 120 days - 60 days earlier than the previous 180-day requirement. The DATA Act also directs Treasury to report to Congress on agency compliance with the new administrative offset referral requirement. These new requirements became effective on May 9, 2014.
We recommend that your agency review its internal regulations and processes and consult with its legal counsel to determine what actions your agency will need to take to comply with the new requirements. We are evaluating options for capturing the necessary information to satisfy the new reporting requirement, including modifications to the Treasury Report on Receivables.
We would like to offer assistance as agencies work to comply with the 120-day administrative offset provision of the DATA Act and ensure that our approach to reporting on compliance with this provision is implemented in the least burdensome manner possible. To that end, we have collected information and feedback from our customer agencies to assess the impact this new requirement will have on their delinquent debt referrals to Treasury. Once our assessment is complete, we will communicate the level of support we will provide to our debt collection partner agencies.