[Federal Register Volume 59, Number 20 (Monday, January 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1980]


[[Page Unknown]]

[Federal Register: January 31, 1994]


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Part VI





Department of the Treasury





_______________________________________________________________________



Fiscal Service



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31 CFR Part 206




Management of Federal Agency Receipts, Disbursements, and Operation of 
Cash Management Improvements Fund; Rule
DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 206

RIN 1510-AA34

 
Management of Federal Agency Receipts, Disbursements, and 
Operation of the Cash Management Improvements Fund

AGENCY: Financial Management Service, Fiscal Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document revises collection and deposit regulations 
requiring timely methods, principally Electronic Funds Transfer (EFT), 
for the collection and deposit of funds as authorized by section 2652 
of the Deficit Reduction Act of 1984. This document also incorporates 
revisions, authorized by the Cash Management Improvement Act of 1990 
(CMIA 90) and the Cash Management Improvement Act Amendments of 1992 
(CMIA 92), that require executive agencies to use effective, efficient 
disbursement mechanisms, principally EFT, in the delivery of payments. 
An agency's failure to comply may result in a charge equal to the cost 
of such non-compliance to the Treasury's General Fund.

EFFECTIVE DATE: March 2, 1994.

ADDRESSES: Cash Management Policy and Planning Division, Financial 
Management Service, U.S. Department of the Treasury, room 511, Liberty 
Center, 401 14th Street SW., Washington, DC 20227.

FOR FURTHER INFORMATION CONTACT: John Galligan (202) 874-6935 
(Director, Cash Management Policy and Planning Division); Donald Clark 
(202) 874-6657 (Program Specialist); or Randall Lewis (202) 874-6680 
(Principal Attorney).

SUPPLEMENTARY INFORMATION:

Authority

    This regulation is authorized by section 2652 of the Deficit 
Reduction Act of 1984, Pub. L. 98-369, 98 Stat. 494 (1984), codified at 
31 U.S.C. 3720, as amended; section 4 of the Cash Management 
Improvement Act of 1990, Pub. L. 101-453, 104 Stat. 1058 (1990), 
codified at 31 U.S.C. 3335; the Cash Management Improvement Act 
Amendments of 1992, Pub. L. 102-589, 106 Stat. 5133 (1992); and 
additional authority found at 5 U.S.C. 301, 31 U.S.C. 321, 31 U.S.C. 
3301, 31 U.S.C. 3302, 31 U.S.C. 3321, 31 U.S.C. 3327, 31 U.S.C. 3328, 
and 31 U.S.C. 3332. Regulations governing Federal payments by the 
Automated Clearing House method of EFT appear in 31 CFR part 210 and 31 
CFR part 370. Additional agency guidance for the use of EFT is 
published in the Treasury Financial Manual.

Background

    Prior to passage of CMIA 90, part 206 of CFR title 31 (Management 
of Federal Agency Receipts and Operation of the Cash Management 
Improvements Fund) reflected exclusively the requirements of section 
2652 of the Deficit Reduction Act of 1984 (DRA 84). Pursuant to the 
authorities vested in the Secretary of the Treasury in DRA 84, and 
given the technological and cost-effective breakthroughs in the 
collection of funds such as pre-authorized debit and credit/debit cards 
in the years since its passage into law, this Part prescribes that 
executive agencies shall collect and deposit monies to the Treasury via 
EFT, when cost effective, when practicable, and when consistent with 
existing statutes.
    CMIA 90 and the CMIA 92 expand the cash management regulatory role 
of the Secretary of the Treasury (hereinafter, ``Secretary'') to 
include the disbursement of funds. As outlined in the preamble to the 
Notice of Proposed Rulemaking (NPRM) published August 5, 1993, it is 
envisioned that the policy of the Secretary will be that all executive 
branch collections will be made by EFT and all executive branch 
payments will be disbursed by EFT, to the maximum extent possible, when 
cost-effective, practicable, and consistent with current statutory 
authority. Further, it is consistent with the policy outlined in the 
Vice President's report dated September 7, 1993, ``From Red Tape To 
Results: Creating A Government That Works Better and Costs Less.'' The 
policy calls for the Federal Government to use EFT to pay and reimburse 
expenses for all Federal employees, to handle all interagency payments, 
to make payments to State and local governments, to pay for purchases 
from the private sector, and to make all payments to private 
individuals. EFT allows Federal agencies to meet program objectives 
with convenience, security, and reliability for recipients and payers. 
In addition, by permitting greater control over the timing of 
collections and payments, EFT improves cash management and supports 
agency efforts to comply fully with Office of Management and Budget 
directives and guidelines which implement the Prompt Payment Act. EFT 
reduces processing costs and paperwork and makes possible the 
electronic interface between issuer and receiver accounting systems.
    The Secretary continues to acknowledge that there will be specific 
exceptions for which the use of EFT will not be required. The 
Secretary's policy is to use EFT whenever it is cost-effective, 
practicable, and consistent with current statutory authority. Many 
commenters described specific existing examples of collection or 
payment cash flows that did not meet one, or more, of these tests. For 
example, it has been suggested that delivering payments by EFT is not 
practicable for: (1) Vendor payments to companies whose banks do not 
pass on to them the information identifying the reason for the payment, 
and (2) Salary or benefit payments to recipients who have no 
established bank account. Several commenters said that program agencies 
should be allowed the discretion to determine when not to require EFT 
for specific cash flows. To provide the clearest guidance and to 
clarify the policy for requiring EFT, the Financial Management Service 
has inserted more specific language regarding when EFT will be required 
for specific cash flows within the body of the rule. This language 
reflects the approach that was contemplated in the preamble of the NPRM 
for inclusion in the Treasury Financial Manual.

Comments on the Proposed Rule

    The Financial Management Service (hereinafter, ``the Service'') 
received a total of 60 comments on the August 5, 1993, NPRM from 18 
commenters: 17 from Federal agency officials and one from a private 
citizen.
    The following is a discussion of the significant and most 
frequently commented-upon issues:
    All commenters expressed strong support for the goal of expanding 
the use of EFT for collecting and disbursing Federal funds. Two 
commenters expressed complete support for the NPRM, as written. Several 
commenters noted the importance of potential improvements of economy 
and efficiency that will accompany this paperless approach.
    Authority: Five agencies questioned the Service's authority to 
regulate all disbursements pursuant to section 4 of the CMIA 90, as 
amended, and as codified at 31 U.S.C. 3335. Two other agencies 
questioned the Service's authority to regulate all collections under 
section 2652 of the Deficit Reduction Act of 1984 (DRA 84), as amended, 
and as codified at 31 U.S.C. 3720. The Service has reviewed the 
statutory language and legislative history of CMIA and DRA 84 in light 
of the concerns raised by agencies, and remains confident of its 
authority under these statutes. The plain language of 31 U.S.C. 3335 
and 3720 unambiguously provide the Secretary with authority to 
promulgate this regulation.
    As was stated in the preamble to the NPRM published on August 5, 
1993 (58 FR 41902), it is not the intent of the Service to require the 
use of EFT techniques when it is not cost-effective, when it is not 
practicable, or when it is not consistent with other statutes. We have 
reinforced this policy by specifically including these policies within 
the language of part 206.
    We thank those agencies that responded to our invitation for 
comments regarding specific statutory barriers to achieving an all-EFT 
environment. As stated in the preamble to the NPRM, these barriers will 
be considered when the Service and agencies evaluate specific cash 
flows to determine which ones should be converted to EFT.
    Implementation Barriers: Fifteen comments related to existing 
barriers that agencies will encounter when attempting to implement EFT 
in collecting or disbursing Federal funds. Five of those commenters 
noted the inability of some banks and vendors to receive and transmit 
adequate accompanying data necessary to identify the source and purpose 
of EFT funds transfers. Five commenters also noted that it may not be 
cost-effective to make or receive nonrecurring, small-dollar payments 
via EFT. One commenter noted the inability to make payments via EFT to 
recipients who have no established bank account. Another commenter 
noted that some service providers such as public utilities may refuse 
to accept EFT payments.
    The Service acknowledges that all of these may be legitimate 
barriers and will consider them in the implementation of EFT conversion 
initiatives. All of the above-mentioned barriers to Governmentwide use 
of EFT, as well as many others, have been identified by interagency 
work groups established under guidance of the Chief Financial Officers 
Council Operations Group. The Service is working with these groups to 
eliminate these and other impediments to EFT and to foster 
Governmentwide use of EFT. Treasury applauds the progressive efforts of 
agencies, such as the Federal Transit Administration, that require 
vendors to accept EFT payment as a condition of acceptance of 
contracts, the Department of Defense and Department of Veterans 
Affairs, which require EFT for employee salary payments, and the 
General Services Administration and Department of Agriculture which 
modified payment systems so that payments made by EFT are available to 
recipients no later than those made by check.
    One commenter included a request that the Service work with 
agencies to evaluate cash flows and identify candidates for EFT 
transfer. The Service will continue working with agencies through the 
periodic cash management review and annual cash management 
certification processes to achieve conversion to EFT mechanisms 
whenever cost-effective, practicable, and consistent with existing 
statutes.
    One commenter recommended postponing implementation of the Final 
Rule until all barriers are eliminated. The Service believes that it is 
possible to achieve immediate progress in implementing EFT mechanisms 
for some cash flows in which no barriers exist and to concurrently work 
to eliminate barriers where they do exist.
    Setting Standards for EFT: One commenter questioned why language in 
the preamble of the NPRM states that agencies will set their own 
standards, but the last sentence of section 206.4(b) states that the 
Service will work jointly with the agency to set timetables for 
converting cash flows to EFT. Based on agency comments, the Service 
wishes to make a very clear distinction between the setting of agency 
standards for EFT attainment, on the one hand, and setting conversion 
timetables and issuing Notices of Deficiency for non-compliance with 
the provisions of 31 CFR Part 206, on the other hand. Overall 
``standards,'' or ``goals,'' of EFT attainment are numerical 
percentages agencies may establish as benchmarks to measure success in 
attaining EFT. These standards/goals are not addressed in this rule and 
do not relate to the conversion timetables or issuance of Notices of 
Deficiency. Instead, this Rule describes the process whereby the 
Service will work jointly with agencies to evaluate individual cash 
flows, identify candidates for EFT conversion, and negotiate timetables 
for those conversions, as described in sections 206.4(b) and 206.6.
    Billing Policy and Procedures: NPRM Sec. 206.3 Billing Policy and 
Procedures (Final Rule Sec. 206.3 Billing Policy and Procedures). One 
commenter disagreed with the inclusion in this section of a billing 
standard of 5 business days. The commenter suggested that separate 
billing standards be established within each agency for every 
application. The Rule currently reads: ``An agency may prepare and 
transmit bills later than the 5-day timeframe, if it can demonstrate 
that it is cost-effective to do so.'' The Rule remains unchanged and 
will accommodate agency variations, when proven to be cost-effective.
    Consult Further with other Entities Before Publishing Rule: Two 
commenters suggested that more consultation with entities outside 
Government is warranted before publishing the Final Rule. The Service 
disagrees. The Service met with Federal agencies during the 9 months 
prior to publication of the NPRM and incorporated agency comments into 
the NPRM. Non-governmental entities were afforded the opportunity to 
respond to the NPRM, published for public comment on August 5, 1993. 
Further, the Service has ongoing dialogue with financial institutions 
that participate in Treasury's various financial networks and the 
Service hosts an interagency work group created to develop 
Governmentwide Electronic Data Interchange standards in close 
consultation with the financial institution community and associations.
    Another commenter recommended consulting with the ``Small Business 
Community,'' by way of the Small Business Administration (SBA). The SBA 
has been involved with the effort to expand EFT, as a participant of 
the EFT Vendor Payment Work Group, operating under the auspices of the 
Chief Financial Officers Council Operations Group. The Work Group is 
developing better means of expanding EFT payments and was specifically 
invited to review the NPRM and submit comments.
    Promote Use of the Government Small Purchase Card: (Final Rule 
Sec. 206.2 Definitions) Two commenters recommended that the Service 
promote use of the Government Small Purchase Card as a tool for 
streamlining the procurement and payment process for many purchases. 
The Final Rule includes reference to the Small Purchase Card within the 
definition of EFT. The Service will continue to promote the use of the 
Government Small Purchase Card as an EFT application, whenever cost-
effective.
    Exceptions to EFT Policy: One commenter noted an inconsistency 
between the NPRM preamble and Secs. 206.4(b) and (d). The preamble of 
the NPRM lists three exceptions for use of EFT applications: (1) Not 
cost-effective, (2) not practicable, and (3) not consistent with 
current statutory authority. The commenter noted that language in 
Sec. 206.4 only recognized the first two of these exception situations. 
The Service agrees and has revised the wording in Secs. 206.4(b) and 
(d) to include, ``not consistent with current statutory authority.''
    Another commenter suggested that an application should be exempted 
if the use of EFT would undermine accomplishment of program objectives. 
The Service acknowledges that such concerns are covered by the ``when 
practicable'' exception of Sec. 206.4(b). If a Federal agency 
demonstrates that the use of EFT, in and of itself, would undermine 
program objectives, the Service would exempt specific cash flows.
    Cost-benefit Analysis: Four comments related to possible 
requirements for agencies to submit cost-benefit analyses in support of 
using mechanisms other than EFT. One commenter expressed concern that 
obtaining Treasury approval of non-EFT mechanisms was intrusive upon 
agencies' management prerogatives. Section 206.4(c) states that an 
agency may be required to provide a cost-benefit analysis when 
proposing the use of a collection or payment mechanism other than EFT. 
Where the inefficiency or impracticality of EFT is evident, a cost-
benefit analysis may not be required. One commenter suggested that it 
may be counterproductive to require a cost-benefit analysis if an 
agency uses lockbox or other Treasury-approved mechanism. The Service 
initiated the lockbox network in 1983, when it was considered the most 
efficient mechanism for collecting and depositing funds. In the 
intervening 10 years, technological advances have made other 
mechanisms, such as EFT, pre-authorized debit, more cost effective. 
Therefore, a lockbox may no longer qualify as more effective than EFT. 
Two commenters stated a concern that cost-benefit analyses should 
include all costs. For example, they suggest that requiring vendors to 
accept payment by EFT could potentially narrow the field of bidders and 
result in higher prices. Demonstratably higher prices and other 
additional agency costs, such as those needed to obtain and maintain 
bank account information necessary for EFT transmission, should be 
included in cost-benefit analyses. The Service will consider this 
comment when revising the Treasury Financial Manual and will direct 
that cost-benefit analyses will include all relevant costs.
    Consider Agency Staff Time Required to Prepare Reports: One 
commenter expressed concern over additional agency burden required to 
prepare reports for the Service, as outlined in Sec. 206.6(c). The 
review and reporting necessary to implement this regulation, as 
described in Sec. 206.6(c), is already in place and has been operating 
successfully since 1985. It includes the periodic complete cash 
management reviews and the annual cash management certifications 
already performed jointly by the agency and the Service.
    Appeals Process: Three comments were received addressing the 
appeals process. Two commenters felt that the Appeals Board was not 
objective, because two members are from the Service and one member is 
from outside the Service.
    The authority to assess agencies with penalties for failure to use 
efficient mechanisms to make payments or collections is vested solely 
with Treasury through statutes. The language of 31 U.S.C. 3335 and 31 
U.S.C. 3720(a) places the authority to impose and collect charges for 
noncompliance with the Secretary, and the appeals process is within the 
discretion of the Secretary. However, in consideration of the comments 
that the Appeals Board should be represented by individuals with broad 
and varied experience, the composition of the Appeals Board has been 
altered in the Final Rule to include only one member from the Service. 
The Appeals Board will consist of two permanent members--the Deputy 
Chief Financial Officer, Department of the Treasury, and the Assistant 
Commissioner for Federal Finance of the Service. The temporary member 
of the Appeals Board will be a cash management official of an agency 
other than the agency appealing the Notice of Deficiency.
    Penalties: Seven comments addressed the use of penalties. Four 
comments expressed preference for positive inducements to encourage EFT 
use, rather than penalties. The Deficit Reduction Act of 1984, required 
agencies to pay charges for failure to comply with scheduled 
conversions of collections cash flows to improved mechanisms. 
Procedures implementing those requirements have been in effect since 
1985. The procedures in this Rule regarding the use of penalties for 
payments noncompliance closely reflect those existing procedures for 
collections. The CMIA 90/92 statutes provide specifically for 
assessment of penalties, when agencies fail to use the most efficient 
funds transfer mechanisms. The CMIA statutes do not provide for the use 
of positive inducements. However, to allow for time to review agency 
concerns questioning when and how to assess penalties against agencies 
that fail to meet scheduled implementation dates for conversion to 
efficient payment mechanisms, Treasury will defer issuing regulations 
to implement the provision of the CMIA 90/92 giving Treasury the 
authority to assess such penalties. Therefore, references to penalties 
in this rule pertain solely to collection cash flows.

Regulatory Analysis

    It is hereby certified that this regulation will not have a 
significant economic impact on a substantial number of small entities. 
Accordingly, a regulatory flexibility analysis is not required. The 
Regulatory Flexibility Act defines small entities to include certain 
nonprofit, for-profit, and Governmental entities. Revisions made 
pursuant to CMIA 90 only will impact executive agencies, entities not 
encompassed by that definition. The flexibility incorporated into the 
revisions to deposit and collection provisions has been included in 
order to avoid the imposition of EFT in those situations where 
significant costs or impracticality preclude its effective use and, 
therefore, will not result in a significant economic impact on a 
substantial number of small entities.
    It has been determined that this document is not a significant 
regulatory action as defined in E.O. 12866. Therefore, an assessment of 
anticipated benefits, costs, and regulatory alternatives is not 
required.

List of Subjects in 31 CFR Part 206

    Accounting, Banks, Banking, Electronic funds transfer.

Authority and Issuance

    For the reasons set out in the preamble, it is proposed to revise 
title 31, part 206 of the Code of Federal Regulations to read as 
follows:

PART 206--MANAGEMENT OF FEDERAL AGENCY RECEIPTS, DISBURSEMENTS, AND 
OPERATION OF THE CASH MANAGEMENT IMPROVEMENTS FUND

Sec.
206.1  Scope and application.
206.2  Definitions.
206.3  Billing policy and procedures.
206.4  Collection and payment mechanisms.
206.5  Collection and deposit procedure exceptions.
206.6  Cash management planning and review.
206.7  Compliance.
206.8  Appeals.
206.9  Charges.
206.10  Operation of and payments from the Cash Management 
Improvements Fund.

    Authority: 5 U.S.C. 301; 31 U.S.C. 321, 3301, 3302, 3321, 3327, 
3328, 3332, 3335, 3720, and 6503.


Sec. 206.1  Scope and application.

    (a) This subpart applies to all Government departments and agencies 
in the executive branch (except the Tennessee Valley Authority) and all 
monies collected and disbursed by these departments and agencies. This 
subpart does not apply to interagency transfers of funds, except that 
agencies are to use the Treasury's On-Line Payment and Collection 
(OPAC) system for interagency payments between executive agencies, when 
cost-effective.
    (b) Policies and guidelines are prescribed for promoting efficient, 
effective cash management through improved billing, collection, 
deposit, and payment of funds. These objectives seek to improve funds 
availability and the efficiency and effectiveness with which funds are 
transferred.
    (c) Authority to implement this regulation has been delegated 
within the Department of the Treasury (hereinafter, ``Treasury'') to 
the Commissioner (hereinafter, ``the Commissioner'') of the Financial 
Management Service (hereinafter, ``the Service).'' The Service 
maintains the final authority as granted under the Deficit Reduction 
Act of 1984 to specify use of a particular method or mechanism of 
collection and deposit and to recover costs that result from 
noncompliance. Authority is also granted to the Service, under the Cash 
Management Improvement Act of 1990, as amended by the Cash Management 
Improvement Act Amendments of 1992, to provide for the timely 
disbursement of funds. An agency will require the collection or 
disbursement of funds by the agency via EFT as a provision of new 
contractual agreements or renewal of existing contracts that impact 
agency collection or payment mechanisms.


Sec. 206.2  Definitions.

    For the purpose of this part, the following definitions apply:
    Agency means any department, instrumentality, office, commission, 
board, service, Government corporation, or other establishment in the 
executive branch, except the Tennessee Valley Authority.
    Billing means any of a variety of means by which the Government 
places a demand for payment against an entity that is indebted to the 
Government. The term encompasses invoices, notices, initial demand 
letters, and other forms of notification.
    Cash management means practices and techniques designed to 
accelerate and control collections, ensure prompt deposit of receipts, 
improve control over disbursement methods, and eliminate idle cash 
balances. ``Cash Management Review Process'' means periodic 
examinations of collection and disbursement cash flows to ensure that 
the most effective mechanisms are used to process the funds.
    Collection means the transfer of monies from a source outside the 
Federal Government to an agency or to a financial institution acting as 
an agent of the Government.
    Collection mechanism means any one of a number of tools or systems 
by which monies are transferred to the Government from a source outside 
the Government.
    Cutoff time means a time predesignated by a financial institution 
beyond which transactions presented or actions requested will be 
considered the next banking day's business.
    Day means a calendar day unless otherwise specified.
    Deposit means as a noun, money that is being or has been presented 
for credit to the Treasury. Deposits can be made by an agency or 
directly by the remitter. All such transfers are effected through a 
Federal Reserve Bank or other financial institution. As a verb, deposit 
means the act of presenting monies for credit to the Treasury by an 
official of an agency.
    Depositary means a bank or other financial institution that has 
been authorized by the Treasury to receive monies for credit to the 
Treasury.
    Disburse means the initiation of an Electronic Funds Transfer (EFT) 
transaction or other methods of drawing funds from accounts maintained 
by the Government.
    Electronic funds transfer (EFT) means any transfer of funds, other 
than a transaction originated by cash, check or similar paper 
instrument, that is initiated through an electronic terminal, 
telephone, computer, or magnetic tape, for the purpose of ordering, 
instructing, or authorizing a financial institution to debit or credit 
an account. The term includes, but is not limited to, Fed Wire 
transfers, Automated Clearing House (ACH) transfers, transfers made at 
automatic teller machines (ATM) and Point-of-Sale (POS) terminals (to 
include use of the Government small purchase card), and other means of 
credit card transactions.
    Fund means the Cash Management Improvements Fund.
    Monies (or ``receipts'') means EFT transactions, currency, 
negotiable instruments, and/or demand deposits owed to or collected by 
an agency.
    Next-day deposit means a deposit made before the cutoff time on the 
day following the day on which the funds were received by an agency. 
For example, if an agency receives funds for deposit at 3 p.m. on 
Monday and transmits the deposits to the depositary by 2 p.m. on 
Tuesday (the depositary's next cutoff time), then next-day deposit 
requirements are met.
    Payment means a sum of money transferred to a recipient in 
satisfaction of an obligation. A payment includes any Federal 
Government benefit or nonbenefit payment.
    (1) A benefit payment is a disbursement for a Federal Government 
entitlement program or annuity. Benefit payments may be one-time or 
recurring payments including, but not limited to, payments for Social 
Security, Supplemental Security Income, Black Lung, Civil Service 
Retirement, Railroad Retirement Board Retirement/Annuity, Department of 
Veterans Affairs Compensation/Pension, Central Intelligence Agency 
Annuity, Military Retirement Annuity, Coast Guard Retirement, and 
Worker's Compensation.
    (2) A nonbenefit payment is a Federal Government disbursement other 
than a benefit payment. Nonbenefit payments may be one-time or 
recurring payments including, but not limited to, payments for vendors, 
Internal Revenue Service tax refunds, Federal salaries and allotments 
therefrom, grants, travel disbursements and reimbursements, loans, 
principal and/or interest related to U.S. savings bonds, notes, and 
other savings-type securities, and payments of service fees to 
organizations qualified to issue and/or redeem savings bonds.
    Point-of-sale (POS) terminal means an automated credit card or 
debit card transaction device.
    Presumed EFT means that agencies will presume that new payment 
recipients will elect EFT as the means of payment delivery. Enrollment 
forms for use in establishing routine payments will be designed with 
this approach in mind, to obtain the required written consent of the 
recipient.
    Recipient means a person, corporation, or other public or private 
entity receiving benefit or nonbenefit payments from the Government.
    Same-day deposit means a deposit made before the cutoff time on the 
day on which the funds were received by an agency. For example, if an 
agency receives funds for deposit at 10 a.m. on Monday and transmits 
the deposits by 2 p.m. on Monday (the depositary's cutoff time), then a 
same-day deposit has been achieved.
    Service means the Financial Management Service, Department of the 
Treasury.
    Treasury Financial Manual (TFM) means the manual issued by the 
Service containing procedures to be observed by all Government 
departments and agencies in relation to central accounting, financial 
reporting, and other Governmentwide fiscal responsibilities of the 
Department of the Treasury. Volume I, Chapter 6-8000 P(I TFM 6-8000) 
contains agency cash management procedures to be followed pertaining to 
these regulations.
    Copies of the TFM are available free to Government agencies. Others 
who are interested in ordering a copy may call (202) 208-1819 or write 
the Directives Management Branch, Financial Management Service, 
Department of the Treasury, Liberty Center (UCP-741), Washington, DC 
20227 for further information.


Sec. 206.3  Billing policy and procedures.

    The billing process is considered an integral part of an effective 
cash management collection program. In those situations where bills are 
required and the failure to bill would affect the cash flow, bills will 
be prepared and transmitted within 5 business days after goods have 
been shipped or released, services have been rendered, or payment is 
otherwise due. An agency may prepare and transmit bills later than the 
5-day timeframe if it can demonstrate that it is cost-effective to do 
so. In addition, the bill must include the terms and dates of payments, 
and late payment provisions, if applicable. Terms and dates of payments 
will be consistent with industry practices. PI TFM 6-8000 describes 
detailed billing policies, procedures, and industry standards for 
agencies.


Sec. 206.4  Collection and payment mechanisms.

    (a) All funds are to be collected and disbursed by EFT when cost-
effective, practicable, and consistent with current statutory 
authority.
    (b) Collections and payments will be made by EFT when cost- 
effective, practicable, and consistent with current statutory 
authority. When consistent with these criteria, specific cash flows 
will utilize EFT as follows:
    (1) Fees/Fines: EFT will be adopted as the presumed method of 
collecting fees and fines, especially when these collection cash flows 
are recurring or of large dollar amounts.
    (2) Tax Collections: EFT will be adopted as the primary method for 
collecting taxes. EFT mechanisms may include ACH credit or debit cards.
    (3) Salary Payment: Presumed EFT will be adopted as the method for 
paying employees, and entrance enrollment forms for establishing 
regular payments will be designed to use this approach.
    (4) Vendor and Miscellaneous Payments: Each department and agency 
will exercise its authority under the Federal Acquisition Regulation to 
require that all contractors are paid by EFT, unless a determination is 
made that it is not in the best interest of the Federal Government to 
do so. EFT will be adopted as the standard method of payment for all 
Federal program payments originated by agencies or their agents.
    (5) Benefit Payments: EFT will be presented to new beneficiaries as 
the presumed method for receiving benefits. EFT payment methods, such 
as Electronic Benefit Transfer, will be adopted and implemented to make 
EFT accessible to all benefit recipients.
    (c) (1) Selection of the best collection and payment mechanism is a 
joint responsibility of an agency and the Service. An agency has 
responsibility for conducting cash management reviews; gathering volume 
and dollar data relative to the operation of the systems; and funding 
any implementation and operational costs above those normally funded by 
Treasury. The Service is the required approval authority when an agency 
desires to convert from one collection mechanism to another. The 
Service's written approval is required prior to an agency entering into 
new contractual agreements or renewing existing contracts for agency 
collections or payments systems. Agencies will follow guidelines for 
the cost-effective usage of collection and payment mechanisms, 
published in the TFM, Volume I, Part 6-8000, in their selection and 
recommendation to the Service of an appropriate funds transfer 
mechanism. The agency will provide the Service with a recommended 
mechanism for any new or modified cash flows. The Service will review 
the recommendations, approve a mechanism, and assist with 
implementation.
    (2) If an agency proposes a collection or payment mechanism other 
than EFT, it may be required to provide a cost-benefit analysis to 
justify its use. Cost/benefit analyses must include, at a minimum, 
known or estimated agency personnel costs, costs of procurement, 
recurring operational costs, equipment and system implementation and 
maintenance costs, costs to payment recipients, and costs to remitters. 
Agencies should consult with Treasury to determine the need to include 
interest costs associated with float in their computations of benefits 
and costs.
    (d) An agency will require the collection of funds by the agency to 
be made via EFT and the disbursement of funds by the agency to be made 
via EFT as a provision of new contractual agreements or renewal of 
existing contracts that impact agency collection or payment mechanisms, 
when cost-effective, practicable, and consistent with current statutory 
authority.


Sec. 206.5  Collection and deposit procedure exceptions.

    (a) The following collection and deposit timeframe requirements are 
to be followed in exception cases where EFT mechanisms are not 
utilized:
    (1) An agency will achieve same-day deposit of monies. Where same 
day deposit is not cost-effective or is impracticable, next day deposit 
of monies must be achieved except in those cases covered by I TFM 6-
8000.
    (2) Deposits will be made at a time of the day prior to the 
depositary's specified cutoff time, but as late as possible in order to 
maximize daily deposit amounts.
    (3) When cost-beneficial to the Government, an agency may make 
multiple deposits.
    (b) Any additional exceptions to the above policies are listed in I 
TFM 6-8000.


Sec. 206.6  Cash management planning and review.

    (a) An agency shall periodically perform cash management reviews to 
identify areas needing improvement.
    (b) As part of its cash management review process, an agency is 
expected to document cash flows in order to provide an overview of its 
cash management activities and to identify areas that will yield 
savings after cash management initiatives are implemented. The Service 
will evaluate an agency's EFT policy and application, to include 
mitigating circumstances that may prevent the use of EFT, as part of 
the cash management reviews.
    (c) An agency's cash management reviews will provide the basis for 
identification of improvements and preparation of cash flow reports for 
submission to the Service as prescribed by I TFM 6-8000. That Chapter 
provides requirements for an agency in performing periodic cash 
management reviews, identifying improvements, and preparing cash flow 
reports. In addition, the Chapter describes the timing and content of 
periodic reports that must be submitted by an agency to the Service on 
progress made in implementing cash management initiatives and 
associated savings.
    (d) The Service will periodically review an agency's cash 
management program to ensure that adequate progress is being made to 
improve overall cash management at an agency. As part of its oversight 
authority, the Service may visit an agency and review all or specific 
cash management activities of an agency. An agency will be notified in 
advance of the Service's review and will be required to provide the 
Service with documentation of the agency cash management review within 
the timeframes required by I TFM 6-8000.


Sec. 206.7  Compliance.

    (a) The Service will monitor agency cash management performance. 
Part of the monitoring process will include establishing implementation 
end dates for conversion to, or expansion of, EFT mechanisms, as well 
as the identification of mitigating circumstances that may prevent the 
use of EFT.
    (b) In cases where an agency fails to meet a scheduled date within 
its control, or where an agency converts to a less cost-effective 
transfer mechanism without prior, written Service approval as 
determined in accordance with Sec. 206.4(c), the Service will send a 
formal Notice of Deficiency to an agency's designated cash management 
official. A separate Notice will be sent for each initiative.
    (1) Collections cash flows. For collections cash flows, the Notice 
of Deficiency will include the nature of the deficiency, the amount of 
the proposed charge, the method of calculation, the right to file an 
appeal, and the date the charge will be imposed in the absence of an 
appeal. The amount of the charge will be equal to the cost of such 
noncompliance to the Treasury's General Fund.
    (2) Payments cash flows. [Reserved]


Sec. 206.8  Appeals.

    (a) An agency that chooses to file an appeal must submit the appeal 
in writing to the Commissioner within 45 days of the date of the Notice 
of Deficiency. In the event of an appeal, the charge imposed under 
Notice of Deficiency will be deferred pending the results of the 
appeal. If an appeal is not submitted (i.e., received by the 
Commissioner) within 45 days, the amount indicated in the Notice of 
Deficiency will be charged per Sec. 206.9(a).
    (b) The appeal will contain the elements and follow the submission 
procedures specified in I TFM 6-8000. The appeal will include the 
background leading to the Notice of Deficiency, the basis of the 
appeal, and the action requested by an agency. An agency should state 
its disagreements with the Notice of Deficiency which may include cost-
benefit factors, the amount of the charge, and other items.
    (c) An agency must state what action it requests in its appeal. An 
agency may request that the Notice of Deficiency be completely 
overturned for cost-benefit or other considerations. Alternatively, an 
agency may request a reduced charge, deferral of the charge, an 
alternative solution to cash management improvement, or a combination 
of these actions.
    (d) Appeals Board. The Commissioner will refer the appeal to an 
Appeals Board. The Appeals Board will consist of three members--two 
permanent members and one temporary member. The permanent members will 
be the Deputy Chief Financial Officer, Department of the Treasury, and 
the Assistant Commissioner, Federal Finance, of the Service. The 
temporary board member will be a cash management official from an 
agency other than the agency appealing the Notice of Deficiency. The 
Board will be convened on an as-needed basis. The order of agency 
assignment to the Board will be published by Treasury in Volume I, 
Chapter 6-8000 of the TFM. The Deputy Chief Financial Officer, 
Department of the Treasury, the Assistant Commissioner, Federal 
Finance, and the designated agency cash management official may 
delegate their responsibility to a staff subordinate having sufficient 
experience in cash management matters. The Assistant Commissioner's 
designee may be from any area other than that which issued the Notice 
of Deficiency.
    (e) Appeal review process. The Appeals Board will review the Notice 
of Deficiency, any additional information submitted by the Service, and 
the written appeal from an agency. Based on this review, the Board may 
decide additional investigation is required. The Board may request an 
agency and/or the Service to meet with the Board as part of the review 
process.
    (f) Appeal finding. A written majority decision will be rendered by 
the Appeals Board within 30 days of receipt of the appeal. The Board 
may extend this period for an additional period, not to exceed 30 days, 
if required. The Appeals Board will notify the Commissioner and the 
agency of the decision. The decision of the Board whether to uphold the 
Notice of Deficiency, to overturn the Notice of Deficiency, or to 
mandate some other action will be stated in the finding. Other action 
mandated may include a reduced charge, a deferral of the charge, an 
alternate solution to cash management improvement, or a combination of 
these actions. The basis of the decision, the amount of the charge, and 
the effective date of the charge will be stated in the finding. The 
effective date of the charge may be retroactive to the date indicated 
in the Notice of Deficiency.
    (g) Any terms related to charge deferral shall be stated; the 
Service and an agency will be required to submit evidence of compliance 
to such terms at a future specified date. At this future time, the 
Appeals Board will review the evidence of compliance. Based on this 
evidence, the Board will decide whether to impose a charge.


Sec. 206.9  Charges.

    (a) Within 30 days of the effective date of the charge or the 
appeals decision, an agency must submit appropriate accounting 
information to the Service's Assistant Commissioner, Federal Finance. 
The charge will be calculated following procedures outlined in I TFM 6-
8000, and will be assessed for each month that noncompliance continues.
    (b) Collection noncompliance. In the case of cash management 
collection noncompliance, an agency will absorb the charge from amounts 
appropriated or otherwise made available to carry out the program to 
which the collections relate. Charges collected from an executive 
agency in the case of cash management collection noncompliance will be 
deposited in the Cash Management Improvements Fund as outlined in 
Sec. 206.10.
    (c) Payment noncompliance. [Reserved]
    (d) If an agency does not voluntarily pay the charge assessed under 
Sec. 206.9(a), the Service will debit the appropriate account 
automatically. By failing to pay voluntarily the charges as required by 
the Deficit Reduction Act of 1984, an agency will be deemed to 
authorize the automatic debit to its account.
    (e) The Commissioner will formally terminate the charge when the 
Commissioner has determined that an agency has complied. In addition, 
on an annual basis, the Commissioner will review an agency's 
performance and calculation of the charge, and will notify an agency in 
writing of any changes to the amount being charged.


Sec. 206.10  Operation of and payments from the Cash Management 
Improvements Fund.

    (a) The Cash Management Improvements Fund (Fund) will be operated 
as a revolving fund by the Service. Charges assessed under 
Sec. 206.9(a) for cash management collection noncompliance will be 
deposited into the Fund according to the Deficit Reduction Act of 1984. 
The Service will also disburse any payments from the Fund based on 
projects selected by a project selection and approval committee.
    (b) Committee composition. The committee will consist of three 
members--two permanent members and one temporary member. The permanent 
members will be the Commissioner and the Assistant Commissioner, 
Federal Finance, of the Service. The temporary committee member will be 
a cash management official from an agency other than an agency being 
considered for funds. The order of agency assignment to the Committee 
will be published in a TFM Bulletin, when funds are first deposited to 
the Fund. Decisions of the project selection and approval committee 
cannot be appealed. Agencies will be notified of any available amounts 
in the Fund and requirements to apply for such monies through a TFM 
bulletin.
    (c) As provided by 31 U.S.C. 3720, sums in the Fund will be 
available without fiscal year limitation for the payment of expenses 
incurred in developing improved methods of collection and deposit and 
the expenses incurred in carrying out collections and deposits using 
such methods, including the costs of personal services and the costs of 
the lease or purchase of equipment and operating facilities.
    (d) In addition to all reports required by law and regulation, for 
each fiscal year during which there is a balance in Fund, the Service 
will prepare and publish, by the 60th day following the close of the 
fiscal year, a full report on payments, receipts, disbursements, 
balances of the Fund, and full disclosure on projects financed by the 
Fund.
Russell D. Morris,
Commissioner.
[FR Doc. 94-1980 Filed 1-28-94; 8:45 am]
BILLING CODE 4810-35-P