Indebtedness of Military Personnel, 19136-19138 [E7-7292]
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19136
Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 112
[DOD–2007–OS–0025]
RIN 0790–AI08
Indebtedness of Military Personnel
Department of Defense.
Proposed rule.
AGENCY:
ACTION:
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
SUMMARY: This part contains uniform
Department of Defense policies for
indebtedness of Military Personnel. This
updated rule contains editorial changes
only as required for internal Department
of Defense mandated reconsideration
every five years.
DATES: Comments must be received by
June 18, 2007.
ADDRESSES: You may submit comments,
identified by docket number and or RIN
number and title, by any of the
following methods: Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the Internet at
https://regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Colonel Mark Gingras, Office
of the Deputy Under Secretary of
Defense for Program Integration, 4000
Defense Pentagon, Washington, DC
20301–4000.
SUPPLEMENTARY INFORMATION:
cprice-sewell on PRODPC61 with PROPOSALS
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 32 CFR
part 123 is not a significant regulatory
action. The rule does not:
(1) Have an annual effect to the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities;
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It has been certified that this rule does
not contain a Federal mandate that may
result in the expenditure by State, local
and tribal governments, in aggregate, or
by the private sector, of $100 million or
more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that this rule is
not subject to the Regulatory Flexibility
Act (5 U.S.C. 601) because it would not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that this rule does
impose reporting or recordkeeping
requirements under the Paperwork
Reduction Act of 1995. The reporting
and recordkeeping requirements have
been submitted to OMB for review.
Executive Order 13132, ‘‘Federalism’’
It has been certified that this rule does
not have federalism implications, as set
forth in Executive Order 13132. This
rule does not have substantial direct
effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 32 CFR Part 112
Claims, Credit, Military personnel.
Accordingly, 32 CFR Part 112 is
proposed to be revised as follows:
PART 112—INDEBTEDNESS OF
MILITARY PERSONNEL
Sec.
112.1
112.2
112.3
112.4
112.5
112.6
112.7
Purpose.
Applicability and scope.
Definitions.
Policy.
Processing of debt complaints.
Processing of involuntary allotments.
Responsibilities.
Authority: 5 U.S.C. 5520a(k) and 10 U.S.C.
113(d).
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§ 112.1
Purpose.
This part:
(a) Updates DoD policies and assigns
responsibilities governing delinquent
indebtedness of members of the Military
Services and prescribes policy for
processing involuntary allotments from
the pay of military members to satisfy
judgment indebtedness in accordance
with 5 U.S.C. 5520a(k).
(b) Establishes responsibility for
procedures implementing 5 U.S.C.
5520a(k), 15 U.S.C. 1601 note, 1601–
1614, 1631–1646, 1661–1665a, 1666–
1666j, and 1667–1667e (‘‘Truth in
Lending Act’’), and 15 U.S.C. 1601 note,
and 1692–1692o (‘‘Fair Debt Collection
Practices Act’’).
§ 112.2
Applicability and scope.
(a) This part applies to the Office of
the Secretary of Defense, the Military
Departments (including the Coast Guard
when it is not operating as a Service in
the Navy, under agreement with the
Department of Homeland Security), the
Chairman of the Joint Chiefs of Staff, the
Combatant Commands, the Office of the
Inspector General of the Department of
Defense, the Defense Agencies, the DoD
Field Activities, and all other
organizational entities in the
Department of Defense (hereafter
referred to collectively as the ‘‘DoD
Components’’).
(b) This part does not apply to:
(1) Indebtedness of a member of the
Military Services to the Federal
Government.
(2) Processing of indebtedness claims
to enforce judgments against military
members for alimony or child support.
(3) Claims by State or municipal
governments under the processing
guidelines for complaints, including tax
collection actions.
§ 112.3
Definitions.
(a) Absence. A member’s lack of an
‘‘appearance,’’ at any stage of the
judicial process, as evidenced by failing
to physically attend court proceedings;
failing to be represented at court
proceedings by counsel of the member’s
choosing; or failing to timely respond to
pleadings, orders, or motions.
(b) Court. A court of competent
jurisdiction within any State, territory,
or possession of the United States.
(c) Debt Collector. An agency or agent
engaged in the collection of debts
described under 15 U.S.C. 1601 note
and 1692–1692o (‘‘Fair Debt Collection
Practices Act’’).
(d) Exigencies of Military Duty. A
military assignment or mission-essential
duty that, because of its urgency,
importance, duration, location, or
isolation, necessitates the absence of a
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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules
member of the Military Services from
appearance at a judicial proceeding or
prevents the member from being able to
respond to a notice of application for an
involuntary allotment. Exigency of
military duty is normally presumed
during periods of war, national
emergency, or when the member is
deployed.
(e) Judgment. A final judgment must
be a valid, enforceable order or decree,
by a court from which no appeal may
be taken, or from which no appeal has
been taken within the time allowed, or
from which an appeal has been taken
and finally decided. The judgment must
award a sum certain amount and specify
that the amount is to be paid by an
individual who, at the time of
application for the involuntary
allotment, is a member of the Military
Services.
(f) Just Financial Obligation. A legal
debt acknowledged by the military
member in which there is no reasonable
dispute as to the facts or the law; or one
reduced to judgment that conforms to
Sections 501–591 of title 50 Appendix,
United States Code (The
Servicemembers Civil Relief Act, as
amended).
(g) Member of the Military Services.
For the purposes of this Part, any
member of the Regular Army, Air Force,
Navy, Marine Corps, or Coast Guard,
and any member of a Reserve
component of the Army, Air Force,
Navy, Marine Corps, or Coast Guard
(including the Army National Guard of
the United States and the Air National
Guard of the United States) on active
duty pursuant to 10 U.S.C. 672 for a
period in excess of 180 days at the time
an application for involuntary allotment
is received by the Director, DFAS, or
Commanding Officer, Coast Guard Pay
and Personnel Center. The following
shall not be considered members:
(1) Retired personnel, including those
placed on the temporary or permanent
disabled retired list; and
(2) Personnel in a prisoner of war or
missing in action status, as determined
by the Secretary of the Military
Department concerned.
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§ 112.4
Policy.
(a) Members of the Military Services
are expected to pay their just financial
obligations in a proper and timely
manner. A Service member’s failure to
pay a just financial obligation may
result in disciplinary action under the
Uniform Code of Military Justice (10
U.S.C. 801–940) or a claim pursuant to
Article 139 of the Uniform Code of
Military Justice. Except as stated in this
section, and in paragraphs (a)(1) and
(a)(2) of this section, the DoD
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Components have no legal authority to
require members to pay a private debt
or to divert any part of their pay for
satisfaction of a private debt.
(1) Legal process instituted in civil
courts to enforce judgments against
military personnel for the payment of
alimony or child support shall be acted
on pursuant to 42 U.S.C. 651–665, and
Part 7, Chapter 7, Section B. of
Department of Defense Regulation
7000.14–R Volume 7.1
(2) Involuntary allotments under 5
U.S.C. 5520a(k) shall be established in
accordance with this part.
(b) Whenever possible, indebtedness
disputes should be resolved through
amicable means. Claimants may contact
military members by having
correspondence forwarded through the
military locator services for an
appropriate fee, as provided under DoD
Instruction 7230.7.2
§ 112.5
Processing of debt complaints.
(a) Debt complaints meeting the
requirements of this Part and
procedures established by the Under
Secretary of Defense for Personnel and
Readiness, as required by § 112.7(a)(1)
shall receive prompt processing
assistance from commanders.
(b) Assistance in indebtedness matters
shall not be extended to those creditors:
(1) Who have not made a bona fide
effort to collect the debt directly from
the military member;
(2) Whose claims are patently false
and misleading; or
(3) Whose claims are obviously
exorbitant.
(c) Some States have enacted laws
prohibiting creditors from contacting a
debtor’s employer about indebtedness or
communicating facts on indebtedness to
an employer unless certain conditions
are met. The conditions that must be
met to remove this prohibition are
generally such things as reduction of a
debt to judgment or obtaining written
permission of the debtor.
(1) At DoD installations in States
having such laws, the processing of debt
complaints shall not be extended to
those creditors who are in violation of
the State law. Commanders may advise
creditors that this rule has been
established because it is the general
policy of the Military Services to
comply with State law when that law
does not infringe upon significant
military interests.
(2) The rule in paragraph(c)(1) of this
section shall govern even though a
creditor is not licensed to do business
1 Copies may be obtained from the DoD Directives
Web page at: https://www.dtic.mil/whs/directives.
2 See footnote 1 to § 112.4(a)(1).
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19137
in the State where the debtor is located.
A similar practice shall be started in any
State enacting a similar law regarding
debt collection.
(3) Pursuant to 15 U.S.C. 1601 note
and 1692–1692o (‘‘Fair Debt Collection
Practices Act’’), contact by a debt
collector with third parties, such as
commanding officers, for aiding debt
collection is prohibited without a court
order or the debtor’s prior consent given
directly to the debt collector. Creditors
are generally exempt from this
requirement, but only when they collect
on their own behalf.
§ 112.6 Processing of involuntary
allotments.
Pursuant to 5 U.S.C. 5520a(k):
(a) In those cases in which the
indebtedness of a military member has
been reduced to a judgment, an
application for an involuntary allotment
from the member’s may be made under
procedures prescribed by the Under
Secretary of Defense for Personnel and
Readiness. Such procedures shall
provide the exclusive remedy available.
(b) An involuntary allotment from a
member’s pay shall not be permitted in
any indebtedness case in which:
(1) Exigencies of military duty caused
the absence of the member from the
judicial proceeding at which the
judgment was rendered; or
(2) There has not been compliance
with the procedural requirements of the
Servicemembers Civil Relief Act 50
U.S.C. Appendix, sections 501–591.
§ 112.7
Responsibilities.
(a) The Under Secretary of Defense for
Personnel and Readiness shall:
(1) In consultation with the Under
Secretary of Defense (Comptroller),
establish procedures for the processing
of debt complaints and involuntary
allotments.
(2) Have policy oversight on the
assistance to be provided by military
authorities to creditors of military
personnel who have debt complaints,
and on involuntary allotment of military
pay.
(b) The Under Secretary of Defense
(Comptroller) shall:
(1) Establish, as necessary, procedures
supplemental to those promulgated by
the Under Secretary of Defense for
Personnel and Readiness to administer
and process involuntary allotments from
the pay of members of the Military
Services; this includes the authority to
promulgate forms necessary for the
efficient administration and processing
of involuntary allotments.
(2) Ensure that the Director, Defense
Finance and Accounting Service:
(i) Implements procedures established
by the Under Secretary of Defense for
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cprice-sewell on PRODPC61 with PROPOSALS
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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules
Personnel and Readiness and The Under
Secretary of Defense (Comptroller).
(ii) Considers whether
Servicemembers Civil Relief Act 50
U.S.C. Appendix, sections 501–591 has
been complied with pursuant to 5
U.S.C. 5520a(k) prior to establishing an
involuntary allotment against the pay of
a member of the Military Services.
(iii) Publishes, prints, stocks,
redistributes, and revises DoD forms
necessary to process involuntary
allotments.
(c) The Heads of the DoD Components
shall urge military personnel to meet
their just financial obligations, since
failure to do so damages their credit
reputation and affects the public image
of all DoD personnel. See DoD Directive
5500.7.3
(d) The Secretaries of the Military
Departments shall:
(1) Establish, as necessary, procedures
to administer and process involuntary
allotments from the pay of members of
the Military Services. This includes
designating those commanders, or other
officials who may act in the absence of
the commander, who shall be
responsible for determining whether a
member’s absence from a judicial
proceeding was caused by exigencies of
military duty, and establishing appeal
procedures regarding such
determinations.
(2) Require commanders to counsel
members to pay their just debts,
including complying, as appropriate,
with court orders and judgments for the
payments of alimony or child support.
(3) Emphasize prompt command
action to assist with the processing of
involuntary allotment applications.
(e) The Chief, Office of Personnel and
Training, for the Coast Guard shall:
(1) Establish, as necessary, procedures
supplemental to those promulgated by
the Under Secretary of Defense for
Personnel and Readiness to administer
and process involuntary allotment from
the pay of members of the Military
Services; this includes the authority to
promulgate forms necessary for the
efficient administration and processing
of involuntary allotments.
(2) Ensure that the Commanding
Officer, Coast Guard Pay and Personal
Center:
(i) Implements procedures established
by the Under Secretary of Defense for
Personnel and Readiness and Chief,
Office of Personnel and Training.
(ii) Considers whether the
Servicemembers Civil Relief Act, as
amended (50 U.S.C. Appendix, sections
501–591) has been complied with
pursuant to 5 U.S.C. 5520a(k) prior to
3 See
footnote 1 to § 112.4(a)(1).
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establishing an involuntary allotment
against the pay of a member of the
Military Services.
(iii) Acts as the Coast Guard manager
for forms necessary to process
involuntary allotments.
Dated: April 11, 2007.
C.R. Choate,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. E7–7292 Filed 4–16–07; 8:45 am]
BILLING CODE 5001–06–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 2006–2 CRB NCBRA]
Noncommercial Educational
Broadcasting Statutory License
Copyright Royalty Board,
Library of Congress.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Copyright Royalty Judges
are publishing for comment certain
royalty rates, proposed by the parties in
the proceeding to determine the rates
and terms for the noncommercial
educational broadcasting statutory
license contained in the Copyright Act.
DATES: Comments and objections, if any,
are due on or before May 17, 2007.
ADDRESSES: An original, five paper
copies, and one electronic copy in
Portable Document Format (PDF) on
compact disk (an optical data storage
medium such as a CD–ROM, CD–R or
CD–RW) or floppy diskette of a
comment or objection must be delivered
to the Copyright Royalty Board in one
of the following ways: If hand delivered
by a private party, the comment or
objection should be brought to the
Copyright Office Public Information
Office in the James Madison Memorial
Building, Room LM–401, 101
Independence Avenue, SE., Monday
through Friday, between 8:30 a.m. and
5 p.m., and the envelope must be
addressed as follows: Copyright Royalty
Board, Library of Congress, James
Madison Memorial Building, 101
Independence Avenue, SE.,
Washington, DC 20559–6000. If
delivered by a commercial courier
(excluding overnight delivery services
such as Federal Express, United Parcel
Service and similar overnight delivery
services), the comment or objection
must be delivered to the Congressional
Courier Acceptance Site (CCAS) located
at 2nd and D Street, NE., Monday
through Friday, between 8:30 a.m. and
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4 p.m., and the envelope must be
addressed as follows: Copyright Royalty
Board, Library of Congress, James
Madison Memorial Building, 101
Independence Avenue, SE.,
Washington, DC 20559–6000. If a
comment or objection is sent by mail
(including overnight delivery using
United States Postal Service Express
Mail), the envelope must be addressed
to: Copyright Royalty Board, P.O. Box
70977, Southwest Station, Washington,
DC 20024–0977. Comments and
objections may not be delivered by
means of overnight delivery services
such as Federal Express, United Parcel
Service, etc., due to delays in processing
receipt of such deliveries.
FOR FURTHER INFORMATION CONTACT: Gina
Giuffreda, Attorney-Advisor. Telephone
(202) 707–7658. Telefax (202) 252–3423.
SUPPLEMENTARY INFORMATION:
Background
Section 118 of the Copyright Act, title
17 of the United States Code, establishes
a statutory license for the use of certain
copyrighted works in connection with
noncommercial television and radio
broadcasting. The terms and rates for
this statutory license have been adjusted
periodically by the Librarian of
Congress and appear in 37 CFR Part 253.
However, the Copyright Royalty and
Distribution Reform Act of 2004, Pub. L.
No. 108–419, transferred jurisdiction
over these rates and terms to the
Copyright Royalty Judges. 17 U.S.C.
801(b)(1). This is a window year for the
establishment of new rates and terms for
the 2008–2012 license period.
On January 9, 2006, pursuant to 17
U.S.C. 803(b)(1)(A)(i)(V), the Copyright
Royalty Judges published a notice in the
Federal Register announcing
commencement of proceedings under 17
U.S.C. 118 and requesting interested
parties to submit their petitions to
participate. 71 FR 1453 (January 9,
2006). Petitions to participate were
received from: the American Council on
Education (‘‘ACE’’); the National Music
Publishers Association, Inc. (‘‘NMPA’’);
the Harry Fox Agency (‘‘HFA’’); the
National Religious Broadcasters
Noncommercial Music License
Committee (‘‘NRBNMLC’’); Royalty
Logic, Inc.; the American Society of
Composers, Authors and Publishers
(‘‘ASCAP’’); Broadcast Music, Inc.
(‘‘BMI’’); SESAC, Inc.; National Public
Radio (‘‘NPR’’); the Corporation for
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Inc. The Judges set the timetable for the
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]]>Agencies
[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Proposed Rules]
[Pages 19136-19138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7292]
[[Page 19136]]
=======================================================================
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 112
[DOD-2007-OS-0025]
RIN 0790-AI08
Indebtedness of Military Personnel
AGENCY: Department of Defense.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This part contains uniform Department of Defense policies for
indebtedness of Military Personnel. This updated rule contains
editorial changes only as required for internal Department of Defense
mandated reconsideration every five years.
DATES: Comments must be received by June 18, 2007.
ADDRESSES: You may submit comments, identified by docket number and or
RIN number and title, by any of the following methods: Federal
eRulemaking Portal: https://www.regulations.gov. Follow the instructions
for submitting comments.
Mail: Federal Docket Management System Office, 1160 Defense
Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at https://regulations.gov
as they are received without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Lieutenant Colonel Mark Gingras,
Office of the Deputy Under Secretary of Defense for Program
Integration, 4000 Defense Pentagon, Washington, DC 20301-4000.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 123 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect to the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that this rule does not contain a Federal
mandate that may result in the expenditure by State, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that this rule does impose reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
The reporting and recordkeeping requirements have been submitted to OMB
for review.
Executive Order 13132, ``Federalism''
It has been certified that this rule does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of government.
List of Subjects in 32 CFR Part 112
Claims, Credit, Military personnel.
Accordingly, 32 CFR Part 112 is proposed to be revised as follows:
PART 112--INDEBTEDNESS OF MILITARY PERSONNEL
Sec.
112.1 Purpose.
112.2 Applicability and scope.
112.3 Definitions.
112.4 Policy.
112.5 Processing of debt complaints.
112.6 Processing of involuntary allotments.
112.7 Responsibilities.
Authority: 5 U.S.C. 5520a(k) and 10 U.S.C. 113(d).
Sec. 112.1 Purpose.
This part:
(a) Updates DoD policies and assigns responsibilities governing
delinquent indebtedness of members of the Military Services and
prescribes policy for processing involuntary allotments from the pay of
military members to satisfy judgment indebtedness in accordance with 5
U.S.C. 5520a(k).
(b) Establishes responsibility for procedures implementing 5 U.S.C.
5520a(k), 15 U.S.C. 1601 note, 1601-1614, 1631-1646, 1661-1665a, 1666-
1666j, and 1667-1667e (``Truth in Lending Act''), and 15 U.S.C. 1601
note, and 1692-1692o (``Fair Debt Collection Practices Act'').
Sec. 112.2 Applicability and scope.
(a) This part applies to the Office of the Secretary of Defense,
the Military Departments (including the Coast Guard when it is not
operating as a Service in the Navy, under agreement with the Department
of Homeland Security), the Chairman of the Joint Chiefs of Staff, the
Combatant Commands, the Office of the Inspector General of the
Department of Defense, the Defense Agencies, the DoD Field Activities,
and all other organizational entities in the Department of Defense
(hereafter referred to collectively as the ``DoD Components'').
(b) This part does not apply to:
(1) Indebtedness of a member of the Military Services to the
Federal Government.
(2) Processing of indebtedness claims to enforce judgments against
military members for alimony or child support.
(3) Claims by State or municipal governments under the processing
guidelines for complaints, including tax collection actions.
Sec. 112.3 Definitions.
(a) Absence. A member's lack of an ``appearance,'' at any stage of
the judicial process, as evidenced by failing to physically attend
court proceedings; failing to be represented at court proceedings by
counsel of the member's choosing; or failing to timely respond to
pleadings, orders, or motions.
(b) Court. A court of competent jurisdiction within any State,
territory, or possession of the United States.
(c) Debt Collector. An agency or agent engaged in the collection of
debts described under 15 U.S.C. 1601 note and 1692-1692o (``Fair Debt
Collection Practices Act'').
(d) Exigencies of Military Duty. A military assignment or mission-
essential duty that, because of its urgency, importance, duration,
location, or isolation, necessitates the absence of a
[[Page 19137]]
member of the Military Services from appearance at a judicial
proceeding or prevents the member from being able to respond to a
notice of application for an involuntary allotment. Exigency of
military duty is normally presumed during periods of war, national
emergency, or when the member is deployed.
(e) Judgment. A final judgment must be a valid, enforceable order
or decree, by a court from which no appeal may be taken, or from which
no appeal has been taken within the time allowed, or from which an
appeal has been taken and finally decided. The judgment must award a
sum certain amount and specify that the amount is to be paid by an
individual who, at the time of application for the involuntary
allotment, is a member of the Military Services.
(f) Just Financial Obligation. A legal debt acknowledged by the
military member in which there is no reasonable dispute as to the facts
or the law; or one reduced to judgment that conforms to Sections 501-
591 of title 50 Appendix, United States Code (The Servicemembers Civil
Relief Act, as amended).
(g) Member of the Military Services. For the purposes of this Part,
any member of the Regular Army, Air Force, Navy, Marine Corps, or Coast
Guard, and any member of a Reserve component of the Army, Air Force,
Navy, Marine Corps, or Coast Guard (including the Army National Guard
of the United States and the Air National Guard of the United States)
on active duty pursuant to 10 U.S.C. 672 for a period in excess of 180
days at the time an application for involuntary allotment is received
by the Director, DFAS, or Commanding Officer, Coast Guard Pay and
Personnel Center. The following shall not be considered members:
(1) Retired personnel, including those placed on the temporary or
permanent disabled retired list; and
(2) Personnel in a prisoner of war or missing in action status, as
determined by the Secretary of the Military Department concerned.
Sec. 112.4 Policy.
(a) Members of the Military Services are expected to pay their just
financial obligations in a proper and timely manner. A Service member's
failure to pay a just financial obligation may result in disciplinary
action under the Uniform Code of Military Justice (10 U.S.C. 801-940)
or a claim pursuant to Article 139 of the Uniform Code of Military
Justice. Except as stated in this section, and in paragraphs (a)(1) and
(a)(2) of this section, the DoD Components have no legal authority to
require members to pay a private debt or to divert any part of their
pay for satisfaction of a private debt.
(1) Legal process instituted in civil courts to enforce judgments
against military personnel for the payment of alimony or child support
shall be acted on pursuant to 42 U.S.C. 651-665, and Part 7, Chapter 7,
Section B. of Department of Defense Regulation 7000.14-R Volume 7.\1\
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\1\ Copies may be obtained from the DoD Directives Web page at:
https://www.dtic.mil/whs/directives.
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(2) Involuntary allotments under 5 U.S.C. 5520a(k) shall be
established in accordance with this part.
(b) Whenever possible, indebtedness disputes should be resolved
through amicable means. Claimants may contact military members by
having correspondence forwarded through the military locator services
for an appropriate fee, as provided under DoD Instruction 7230.7.\2\
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\2\ See footnote 1 to Sec. 112.4(a)(1).
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Sec. 112.5 Processing of debt complaints.
(a) Debt complaints meeting the requirements of this Part and
procedures established by the Under Secretary of Defense for Personnel
and Readiness, as required by Sec. 112.7(a)(1) shall receive prompt
processing assistance from commanders.
(b) Assistance in indebtedness matters shall not be extended to
those creditors:
(1) Who have not made a bona fide effort to collect the debt
directly from the military member;
(2) Whose claims are patently false and misleading; or
(3) Whose claims are obviously exorbitant.
(c) Some States have enacted laws prohibiting creditors from
contacting a debtor's employer about indebtedness or communicating
facts on indebtedness to an employer unless certain conditions are met.
The conditions that must be met to remove this prohibition are
generally such things as reduction of a debt to judgment or obtaining
written permission of the debtor.
(1) At DoD installations in States having such laws, the processing
of debt complaints shall not be extended to those creditors who are in
violation of the State law. Commanders may advise creditors that this
rule has been established because it is the general policy of the
Military Services to comply with State law when that law does not
infringe upon significant military interests.
(2) The rule in paragraph(c)(1) of this section shall govern even
though a creditor is not licensed to do business in the State where the
debtor is located. A similar practice shall be started in any State
enacting a similar law regarding debt collection.
(3) Pursuant to 15 U.S.C. 1601 note and 1692-1692o (``Fair Debt
Collection Practices Act''), contact by a debt collector with third
parties, such as commanding officers, for aiding debt collection is
prohibited without a court order or the debtor's prior consent given
directly to the debt collector. Creditors are generally exempt from
this requirement, but only when they collect on their own behalf.
Sec. 112.6 Processing of involuntary allotments.
Pursuant to 5 U.S.C. 5520a(k):
(a) In those cases in which the indebtedness of a military member
has been reduced to a judgment, an application for an involuntary
allotment from the member's may be made under procedures prescribed by
the Under Secretary of Defense for Personnel and Readiness. Such
procedures shall provide the exclusive remedy available.
(b) An involuntary allotment from a member's pay shall not be
permitted in any indebtedness case in which:
(1) Exigencies of military duty caused the absence of the member
from the judicial proceeding at which the judgment was rendered; or
(2) There has not been compliance with the procedural requirements
of the Servicemembers Civil Relief Act 50 U.S.C. Appendix, sections
501-591.
Sec. 112.7 Responsibilities.
(a) The Under Secretary of Defense for Personnel and Readiness
shall:
(1) In consultation with the Under Secretary of Defense
(Comptroller), establish procedures for the processing of debt
complaints and involuntary allotments.
(2) Have policy oversight on the assistance to be provided by
military authorities to creditors of military personnel who have debt
complaints, and on involuntary allotment of military pay.
(b) The Under Secretary of Defense (Comptroller) shall:
(1) Establish, as necessary, procedures supplemental to those
promulgated by the Under Secretary of Defense for Personnel and
Readiness to administer and process involuntary allotments from the pay
of members of the Military Services; this includes the authority to
promulgate forms necessary for the efficient administration and
processing of involuntary allotments.
(2) Ensure that the Director, Defense Finance and Accounting
Service:
(i) Implements procedures established by the Under Secretary of
Defense for
[[Page 19138]]
Personnel and Readiness and The Under Secretary of Defense
(Comptroller).
(ii) Considers whether Servicemembers Civil Relief Act 50 U.S.C.
Appendix, sections 501-591 has been complied with pursuant to 5 U.S.C.
5520a(k) prior to establishing an involuntary allotment against the pay
of a member of the Military Services.
(iii) Publishes, prints, stocks, redistributes, and revises DoD
forms necessary to process involuntary allotments.
(c) The Heads of the DoD Components shall urge military personnel
to meet their just financial obligations, since failure to do so
damages their credit reputation and affects the public image of all DoD
personnel. See DoD Directive 5500.7.\3\
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\3\ See footnote 1 to Sec. 112.4(a)(1).
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(d) The Secretaries of the Military Departments shall:
(1) Establish, as necessary, procedures to administer and process
involuntary allotments from the pay of members of the Military
Services. This includes designating those commanders, or other
officials who may act in the absence of the commander, who shall be
responsible for determining whether a member's absence from a judicial
proceeding was caused by exigencies of military duty, and establishing
appeal procedures regarding such determinations.
(2) Require commanders to counsel members to pay their just debts,
including complying, as appropriate, with court orders and judgments
for the payments of alimony or child support.
(3) Emphasize prompt command action to assist with the processing
of involuntary allotment applications.
(e) The Chief, Office of Personnel and Training, for the Coast
Guard shall:
(1) Establish, as necessary, procedures supplemental to those
promulgated by the Under Secretary of Defense for Personnel and
Readiness to administer and process involuntary allotment from the pay
of members of the Military Services; this includes the authority to
promulgate forms necessary for the efficient administration and
processing of involuntary allotments.
(2) Ensure that the Commanding Officer, Coast Guard Pay and
Personal Center:
(i) Implements procedures established by the Under Secretary of
Defense for Personnel and Readiness and Chief, Office of Personnel and
Training.
(ii) Considers whether the Servicemembers Civil Relief Act, as
amended (50 U.S.C. Appendix, sections 501-591) has been complied with
pursuant to 5 U.S.C. 5520a(k) prior to establishing an involuntary
allotment against the pay of a member of the Military Services.
(iii) Acts as the Coast Guard manager for forms necessary to
process involuntary allotments.
Dated: April 11, 2007.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E7-7292 Filed 4-16-07; 8:45 am]
BILLING CODE 5001-06-P
