Recovery of Delinquent Debts-Treasury Offset Program Enhancements, 65107-65109 [2011-27221]
Download as PDF
<![CDATA[
pmangrum on DSK29S0YB1PROD with RULES
Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Rules and Regulations
affected by the relocation of the
Anchorage VOR navigation aid. The
FAA subsequently delayed the effective
date from June 30, 2011, until further
notice (76 FR 35097; June 16, 2011).
The FAA has determined that V–320
and V–440 do not have satisfactory
signal reception coverage capable of
meeting the existing MEA requirements
in the vicinity of Anchorage, AK.
Amendments for these airways will be
proposed at a future date under a
separate rulemaking. Accordingly, this
action is taken to remove these two
Victor airways in Alaska.
The remaining 27 ATS routes, as
amended, are unaffected by this action
and the effective date remains delayed
until further notice per the final rule,
delay of effective date published in the
Federal Register on June 16, 2011 (76
FR 35097).
VOR Federal airways are published in
Paragraph 6010 of FAA Order 7400.9V,
dated August 9, 2011, and effective
September 15, 2011, which is
incorporated by reference in 14 CFR
71.1. The VOR Federal airways listed in
this document will be subsequently
published in the Order.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation (1) Is
not a significant regulatory action under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule will not have
a significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in subtitle
VII, part A, subpart I, section 40103.
Under that section, the FAA is charged
with prescribing regulations to assign
the use of the airspace necessary to
ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it modifies Federal airways in Alaska.
VerDate Mar<15>2010
14:45 Oct 19, 2011
Jkt 226001
Final Rule Technical Amendment
Accordingly, pursuant to the
authority delegated to me, the modified
VOR Federal airways V–320 and V–440
legal descriptions as published in the
Federal Register on April 28, 2011 (76
FR 23687), FR Doc. 2011–10240, page
23688, column 2, line 4, and column 3,
line 4, respectively, are removed.
Issued in Washington, DC, on October 13,
2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and
ATC Procedures Group.
[FR Doc. 2011–27118 Filed 10–19–11; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404, 408, 416, and 422
[Docket No. SSA–2010–0010]
RIN 0960–AH19
Recovery of Delinquent Debts—
Treasury Offset Program
Enhancements
Social Security Administration.
Final rule.
AGENCY:
ACTION:
We are amending our Tax
Refund Offset (TRO) and Administrative
Offset regulations. We are conforming
our regulations to those of the
Department of the Treasury (Treasury)
for the following reasons: Treasury
removed the 10-year limitation to
collect delinquent debts owed the
United States by reducing eligible
Federal payments, and more States are
participating in reciprocal agreements
with Treasury to offset State payments,
including tax refunds to reduce or
extinguish a federally owed debt. These
changes will allow us to collect
additional Federal debt.
DATES: These rules are effective
November 21, 2011.
FOR FURTHER INFORMATION CONTACT:
Jennifer C. Pendleton, Office of Payment
and Recovery Policy, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 965–5652. For information on
amendments to 20 CFR Part 408, please
contact: Benjamin Franco, Office of
International Programs, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 965–7342. For information on
eligibility or filing for benefits, call our
national toll-free number, 1–800–772–
1213 or TTY 1–800–325–0778, or visit
our Internet site, Social Security Online,
at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
65107
Background
We are making final the rule for
recovery of delinquent debts that we
proposed in a Notice of Proposed Rule
Making (NPRM) published in the
Federal Register on March 2, 2011 (76
FR 11402). The preamble to the NPRM
discussed the changes from the current
rules and our reasons for proposing
those changes. To the extent that we are
adopting the proposed rule as
published, we are not repeating that
information here. Interested readers may
refer to the preamble to the NPRM.1
Changes to Our Regulations
We are changing our regulations to
conform to Treasury’s regulations. In
addition to collecting non-tax debts
beyond the original 10-year statute of
limitations, we will collect delinquent
overpayments under titles II, VIII, and
XVI by offset of various State payments,
including State tax refunds. Debt
Collection Improvement Act (DCIA) of
1996, Public Law 104–134, 110 Stat.
1321–358 et seq. (April 26, 1996); 31
U.S.C. 3716; 31 CFR 285.6.
Therefore, we are changing Title 20
§§ 404.520, 404.521, 408.940, 408.941,
416.580, 416.581, and 422.310. Under
these sections, we notify the overpaid
person and refer overpayments to
Treasury for tax refund and
administrative offset.
Public Comments on the NPRM
In the NPRM, we provided the public
a 60-day comment period, which ended
on May 2, 2011. We received two public
comments from individuals. Since the
comments were long, we have
summarized and paraphrased them. We
are responding to the significant issues
raised by the commenters that were
within the scope of this rule.
Comment: One commenter wanted to
make sure that our regulations are
written with understandable language.
Response: We are committed to
writing our documents clearly and
welcome feedback if the public does not
believe that our documents are clear.
Comment: Another commenter agreed
with our proposed rule and suggested
that individuals be given ample notice
before monies are reclaimed and that
individuals be thoroughly informed
before entering into a contract that
might fall under this rule.
Response: Before referring a person
for offset under these sections, we will
give him or her at least 60 days prior
notice in accordance with §§ 404.521,
408.941, 416.581, and 422.310.
1 The NPRM is available at https://
www.regulations.gov/#!documentDetail;D=SSA2010-0010-0001.
E:\FR\FM\20OCR1.SGM
20OCR1
65108
Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Rules and Regulations
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950– )
Executive Order 12866 as
Supplemented by Executive Order
13563
We consulted with the Office of
Management and Budget (OMB) and
determined that this final rule meets the
criteria for a significant regulatory
action under Executive Order 12866 as
supplemented by Executive Order
13563. Thus, OMB reviewed the final
rule.
Regulatory Flexibility Act
We certify that this final rule will not
have a significant economic impact on
a substantial number of small entities
because it applies to individuals only.
Thus, a regulatory flexibility analysis is
not required under the Regulatory
Flexibility Act, as amended.
Paperwork Reduction Act
This rule does not create any new or
affect any existing collections and does
not require OMB approval under the
Paperwork Reduction Act.
List of Subjects
20 CFR Part 404
Administrative practice and
procedure, Blind, Disability benefits,
Income taxes, Old-Age, Survivors, and
Disability Insurance, Reporting and
recordkeeping requirements, Social
Security.
Authority: Secs. 702(a)(5), 808, and 1147
of the Social Security Act (42 U.S.C.
902(a)(5), 1008, and 1320b–17); 31 U.S.C.
3716; 31 U.S.C. 3720A.
Subpart F—[Amended]
Regulatory Procedures
■
1. The authority citation for subpart F
of part 404 is revised to read as follows:
■
Authority: Secs. 204, 205(a), 702(a)(5), and
1147 of the Social Security Act (42 U.S.C.
404, 405(a), 902(a)(5), and 1320b–17); 31
U.S.C. 3716; 31 U.S.C. 3720A.
2. Amend § 404.520(b) in the second
sentence by removing the word
‘‘individuals’’ and adding in its place
the word ‘‘persons’’ and by revising the
third sentence to read as follows:
■
§ 404.520 Referral of overpayments to the
Department of the Treasury for tax refund
offset—General.
*
*
*
*
*
(b) * * * We will refer overpayments
to the Department of the Treasury for
offset against Federal tax refunds
regardless of the length of time the debts
have been outstanding.
■ 3. Amend § 404.521 by revising the
section heading, introductory text, and
paragraphs (a) and (b), and in paragraph
(e) by removing the word ‘‘individual’’
in two places and adding in its place
‘‘person’’.
§ 404.521
Notice to overpaid persons.
Administrative practice and
procedure, Organization and functions
(Government agencies), Reporting and
recordkeeping requirements, Social
Security.
Before we request the collection of an
overpayment by reduction of Federal
and State income tax refunds, we will
send a written notice of intent to the
overpaid person. In our notice of intent
to collect an overpayment through tax
refund offset, we will state:
(a) The amount of the overpayment;
and
(b) That we will collect the
overpayment by requesting that the
Department of the Treasury reduce any
amounts payable to the overpaid person
as refunds of Federal and State income
taxes by an amount equal to the amount
of the overpayment unless, within 60
calendar days from the date of our
notice, the overpaid person:
(1) Repays the overpayment in full; or
(2) Provides evidence to us at the
address given in our notice that the
overpayment is not past due or legally
enforceable; or
(3) Asks us to waive collection of the
overpayment under section 204(b) of the
Act.
*
*
*
*
*
Michael J. Astrue,
Commissioner of Social Security.
PART 408—SPECIAL BENEFITS FOR
CERTAIN WORLD WAR II VETERANS
For the reasons set out in the
preamble, we are amending 20 CFR
chapter III, parts 404, 408, 416, and 422
as set forth below:
Subpart I—[Amended]
20 CFR Part 408
Administrative practice and
procedure; Aged; Reporting and
recordkeeping requirements; Social
Security; Supplemental Security Income
(SSI); Veterans.
20 CFR Part 416
Administrative practice and
procedure, Reporting and recordkeeping
requirements, Supplemental Security
Income (SSI).
pmangrum on DSK29S0YB1PROD with RULES
20 CFR Part 422
VerDate Mar<15>2010
14:45 Oct 19, 2011
Jkt 226001
4. The authority citation for subpart I
of part 408 is revised to read as follows:
■
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
5. In § 408.940(b) revise the third
sentence to read as follows:
§ 408.940 When will we refer an SVB
overpayment to the Department of the
Treasury for tax refund offset?
*
*
*
*
*
(b) * * * We refer overpayments to
the Department of the Treasury for offset
against Federal tax refunds regardless of
the amount of time the debts have been
outstanding.
■ 6. In § 408.941 revise the introductory
text, and paragraphs (a) and (b) to read
as follows:
§ 408.941 Will we notify you before we
refer an SVB overpayment for tax refund
offset?
Before we request that an
overpayment be collected by reduction
of Federal and State income tax refunds,
we will send a written notice of our
action to the overpaid person. In our
notice of intent to collect an
overpayment through tax refund offset,
we will state:
(a) The amount of the overpayment;
and
(b) That we will collect the
overpayment by requesting that the
Department of the Treasury reduce any
amounts payable to the overpaid person
as refunds of Federal and State income
taxes by an amount equal to the amount
of the overpayment unless, within 60
calendar days from the date of our
notice, the overpaid person:
(1) Repays the overpayment in full; or
(2) Provides evidence to us at the
address given in our notice that the
overpayment is not past due or legally
enforceable; or
(3) Asks us to waive collection of the
overpayment under section 204(b) of the
Act.
*
*
*
*
*
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart E—[Amended]
7. The authority citation for subpart E
of part 416 is amended to read as
follows:
■
Authority: Secs. 702(a)(5), 1147, 1601,
1602, 1611(c) and (e), and 1631(a)–(d) and (g)
of the Social Security Act (42 U.S.C.
902(a)(5), 1320b–17, 1381, 1381a, 1382(c)
and (e), and 1383(a)–(d) and (g)); 31 U.S.C.
3716; 31 U.S.C. 3720A.
8. Amend § 416.580(b) by removing
the word ‘‘individuals’’ in the second
■
E:\FR\FM\20OCR1.SGM
20OCR1
Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Rules and Regulations
§ 422.310 Collection of overdue debts by
administrative offset.
sentence and adding in its place
‘‘persons’’ and by revising the last
sentence to read as follows:
§ 416.580 Referral of overpayments to the
Department of the Treasury for tax refund
offset—General.
*
*
*
*
*
(b) * * * We refer overpayments to
the Department of the Treasury for offset
against Federal tax refunds regardless of
the amount of time the debts have been
outstanding.
9. Amend § 416.581 by revising the
section heading, the introductory text,
and paragraphs (a) and (b), and in
paragraph (e), by removing the word
‘‘individual’’ in two places and adding
in its place ‘‘person’’.
■
§ 416.581
Notice to overpaid person.
We will make a request for collection
by reduction of Federal and State
income tax refunds only after we
determine that a person owes an
overpayment that is past due and
provide the overpaid person with
written notice. Our notice of intent to
collect an overpayment through tax
refund offset will state:
(a) The amount of the overpayment;
and
(b) That we will collect the
overpayment by requesting that the
Department of the Treasury reduce any
amounts payable to the overpaid person
as refunds of Federal and State income
taxes by an amount equal to the amount
of the overpayment unless, within 60
calendar days from the date of our
notice, the overpaid person:
(1) Repays the overpayment in full; or
(2) Provides evidence to us at the
address given in our notice that the
overpayment is not past due or legally
enforceable; or
(3) Asks us to waive collection of the
overpayment under section 204(b) of the
Act.
*
*
*
*
*
PART 422—ORGANIZATION AND
PROCEDURES
10. The authority citation for subpart
D of part 422 continues to read as
follows:
pmangrum on DSK29S0YB1PROD with RULES
■
Authority: Secs. 204(f), 205(a), 702(a)(5),
and 1631(b) of the Social Security Act (42
U.S.C. 404(f), 405(a), 902(a)(5), and 1383(b));
5 U.S.C. 5514; 31 U.S.C. 3711(e); 31 U.S.C.
3716.
11. In § 422.310 revise paragraphs
(a)(1) and (b) to read as follows:
VerDate Mar<15>2010
14:45 Oct 19, 2011
Jkt 226001
[FR Doc. 2011–27221 Filed 10–19–11; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 558
[Docket No. FDA–2011–N–0003]
New Animal Drugs for Use in Animal
Feeds; Melengestrol; Monensin;
Tylosin
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
John
K. Harshman, Center for Veterinary
Medicine (HFV–170), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–8197, email: john.harshman@fda.hhs.gov.
FOR FURTHER INFORMATION CONTACT:
Ivy
Laboratories, Division of Ivy Animal
Health, Inc., 8857 Bond St., Overland
Park, KS 66214, filed a supplement to
ANADA 200–375 for use of
HEIFERMAX 500 (melengestrol acetate),
RUMENSIN (monensin, USP), and
TYLAN (tylosin phosphate) singleingredient Type A medicated articles to
make three-way, combination drug Type
C medicated feeds for heifers fed in
confinement for slaughter. The
supplemental ANADA provides for use
of increased dose levels of monensin.
The supplemental application is
approved as of September 1, 2011, and
the regulations in 21 CFR 558.342 are
amended to reflect the approval.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through
Friday.
The Agency has determined under 21
CFR 25.33 that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
SUPPLEMENTARY INFORMATION:
List of Subjects in 21 CFR Part 558
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of a supplemental abbreviated
new animal drug application (ANADA)
filed by Ivy Laboratories, Division of Ivy
Animal Health, Inc. The supplemental
ANADA provides for use of increased
dose levels of monensin in three-way,
combination drug Type C medicated
feeds for heifers fed in confinement for
slaughter containing melengestrol
acetate, monensin, and tylosin.
DATES: This rule is effective October 20,
2011.
SUMMARY:
Subpart D—[Amended]
■
(a) Referral to the Department of the
Treasury for offset. (1) We recover
overdue debts by offsetting Federal and
State payments due the debtor through
the Treasury Offset Program (TOP). TOP
is a Government-wide delinquent debt
matching and payment offset process
operated by the Department of the
Treasury, whereby debts owed to the
Federal Government are collected by
offsetting them against Federal and State
payments owed the debtor. Federal
payments owed the debtor include
current ‘‘disposable pay,’’ defined in 5
CFR 550.1103, owed by the Federal
Government to a debtor who is an
employee of the Federal Government.
Deducting from such disposable pay to
collect an overdue debt owed by the
employee is called ‘‘Federal salary
offset’’ in this subpart.
*
*
*
*
*
(b) Debts we refer. We refer for
administrative offset all qualifying debts
that meet or exceed the threshold
amounts used by the Department of the
Treasury for collection from State and
Federal payments, including Federal
salaries.
*
*
*
*
*
PO 00000
Frm 00009
Fmt 4700
65109
Sfmt 4700
Animal drugs, Animal feeds.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 558 is amended as follows:
PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
1. The authority citation for 21 CFR
part 558 continues to read as follows:
■
Authority: 21 U.S.C. 360b, 371.
E:\FR\FM\20OCR1.SGM
20OCR1
]]>Agencies
[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Rules and Regulations]
[Pages 65107-65109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27221]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404, 408, 416, and 422
[Docket No. SSA-2010-0010]
RIN 0960-AH19
Recovery of Delinquent Debts--Treasury Offset Program
Enhancements
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending our Tax Refund Offset (TRO) and Administrative
Offset regulations. We are conforming our regulations to those of the
Department of the Treasury (Treasury) for the following reasons:
Treasury removed the 10-year limitation to collect delinquent debts
owed the United States by reducing eligible Federal payments, and more
States are participating in reciprocal agreements with Treasury to
offset State payments, including tax refunds to reduce or extinguish a
federally owed debt. These changes will allow us to collect additional
Federal debt.
DATES: These rules are effective November 21, 2011.
FOR FURTHER INFORMATION CONTACT: Jennifer C. Pendleton, Office of
Payment and Recovery Policy, Social Security Administration, 6401
Security Boulevard, Baltimore, MD 21235-6401, (410) 965-5652. For
information on amendments to 20 CFR Part 408, please contact: Benjamin
Franco, Office of International Programs, Social Security
Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401,
(410) 965-7342. For information on eligibility or filing for benefits,
call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-
0778, or visit our Internet site, Social Security Online, at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
We are making final the rule for recovery of delinquent debts that
we proposed in a Notice of Proposed Rule Making (NPRM) published in the
Federal Register on March 2, 2011 (76 FR 11402). The preamble to the
NPRM discussed the changes from the current rules and our reasons for
proposing those changes. To the extent that we are adopting the
proposed rule as published, we are not repeating that information here.
Interested readers may refer to the preamble to the NPRM.\1\
---------------------------------------------------------------------------
\1\ The NPRM is available at https://www.regulations.gov/#!documentDetail;D=SSA-2010-0010-0001.
---------------------------------------------------------------------------
Changes to Our Regulations
We are changing our regulations to conform to Treasury's
regulations. In addition to collecting non-tax debts beyond the
original 10-year statute of limitations, we will collect delinquent
overpayments under titles II, VIII, and XVI by offset of various State
payments, including State tax refunds. Debt Collection Improvement Act
(DCIA) of 1996, Public Law 104-134, 110 Stat. 1321-358 et seq. (April
26, 1996); 31 U.S.C. 3716; 31 CFR 285.6.
Therefore, we are changing Title 20 Sec. Sec. 404.520, 404.521,
408.940, 408.941, 416.580, 416.581, and 422.310. Under these sections,
we notify the overpaid person and refer overpayments to Treasury for
tax refund and administrative offset.
Public Comments on the NPRM
In the NPRM, we provided the public a 60-day comment period, which
ended on May 2, 2011. We received two public comments from individuals.
Since the comments were long, we have summarized and paraphrased them.
We are responding to the significant issues raised by the commenters
that were within the scope of this rule.
Comment: One commenter wanted to make sure that our regulations are
written with understandable language.
Response: We are committed to writing our documents clearly and
welcome feedback if the public does not believe that our documents are
clear.
Comment: Another commenter agreed with our proposed rule and
suggested that individuals be given ample notice before monies are
reclaimed and that individuals be thoroughly informed before entering
into a contract that might fall under this rule.
Response: Before referring a person for offset under these
sections, we will give him or her at least 60 days prior notice in
accordance with Sec. Sec. 404.521, 408.941, 416.581, and 422.310.
[[Page 65108]]
Regulatory Procedures
Executive Order 12866 as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that this final rule meets the criteria for a significant
regulatory action under Executive Order 12866 as supplemented by
Executive Order 13563. Thus, OMB reviewed the final rule.
Regulatory Flexibility Act
We certify that this final rule will not have a significant
economic impact on a substantial number of small entities because it
applies to individuals only. Thus, a regulatory flexibility analysis is
not required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
This rule does not create any new or affect any existing
collections and does not require OMB approval under the Paperwork
Reduction Act.
List of Subjects
20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Income taxes, Old-Age, Survivors, and Disability Insurance, Reporting
and recordkeeping requirements, Social Security.
20 CFR Part 408
Administrative practice and procedure; Aged; Reporting and
recordkeeping requirements; Social Security; Supplemental Security
Income (SSI); Veterans.
20 CFR Part 416
Administrative practice and procedure, Reporting and recordkeeping
requirements, Supplemental Security Income (SSI).
20 CFR Part 422
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements, Social
Security.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the preamble, we are amending 20 CFR
chapter III, parts 404, 408, 416, and 422 as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart F--[Amended]
0
1. The authority citation for subpart F of part 404 is revised to read
as follows:
Authority: Secs. 204, 205(a), 702(a)(5), and 1147 of the Social
Security Act (42 U.S.C. 404, 405(a), 902(a)(5), and 1320b-17); 31
U.S.C. 3716; 31 U.S.C. 3720A.
0
2. Amend Sec. 404.520(b) in the second sentence by removing the word
``individuals'' and adding in its place the word ``persons'' and by
revising the third sentence to read as follows:
Sec. 404.520 Referral of overpayments to the Department of the
Treasury for tax refund offset--General.
* * * * *
(b) * * * We will refer overpayments to the Department of the
Treasury for offset against Federal tax refunds regardless of the
length of time the debts have been outstanding.
0
3. Amend Sec. 404.521 by revising the section heading, introductory
text, and paragraphs (a) and (b), and in paragraph (e) by removing the
word ``individual'' in two places and adding in its place ``person''.
Sec. 404.521 Notice to overpaid persons.
Before we request the collection of an overpayment by reduction of
Federal and State income tax refunds, we will send a written notice of
intent to the overpaid person. In our notice of intent to collect an
overpayment through tax refund offset, we will state:
(a) The amount of the overpayment; and
(b) That we will collect the overpayment by requesting that the
Department of the Treasury reduce any amounts payable to the overpaid
person as refunds of Federal and State income taxes by an amount equal
to the amount of the overpayment unless, within 60 calendar days from
the date of our notice, the overpaid person:
(1) Repays the overpayment in full; or
(2) Provides evidence to us at the address given in our notice that
the overpayment is not past due or legally enforceable; or
(3) Asks us to waive collection of the overpayment under section
204(b) of the Act.
* * * * *
PART 408--SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
Subpart I--[Amended]
0
4. The authority citation for subpart I of part 408 is revised to read
as follows:
Authority: Secs. 702(a)(5), 808, and 1147 of the Social
Security Act (42 U.S.C. 902(a)(5), 1008, and 1320b-17); 31 U.S.C.
3716; 31 U.S.C. 3720A.
0
5. In Sec. 408.940(b) revise the third sentence to read as follows:
Sec. 408.940 When will we refer an SVB overpayment to the Department
of the Treasury for tax refund offset?
* * * * *
(b) * * * We refer overpayments to the Department of the Treasury
for offset against Federal tax refunds regardless of the amount of time
the debts have been outstanding.
0
6. In Sec. 408.941 revise the introductory text, and paragraphs (a)
and (b) to read as follows:
Sec. 408.941 Will we notify you before we refer an SVB overpayment
for tax refund offset?
Before we request that an overpayment be collected by reduction of
Federal and State income tax refunds, we will send a written notice of
our action to the overpaid person. In our notice of intent to collect
an overpayment through tax refund offset, we will state:
(a) The amount of the overpayment; and
(b) That we will collect the overpayment by requesting that the
Department of the Treasury reduce any amounts payable to the overpaid
person as refunds of Federal and State income taxes by an amount equal
to the amount of the overpayment unless, within 60 calendar days from
the date of our notice, the overpaid person:
(1) Repays the overpayment in full; or
(2) Provides evidence to us at the address given in our notice that
the overpayment is not past due or legally enforceable; or
(3) Asks us to waive collection of the overpayment under section
204(b) of the Act.
* * * * *
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart E--[Amended]
0
7. The authority citation for subpart E of part 416 is amended to read
as follows:
Authority: Secs. 702(a)(5), 1147, 1601, 1602, 1611(c) and (e),
and 1631(a)-(d) and (g) of the Social Security Act (42 U.S.C.
902(a)(5), 1320b-17, 1381, 1381a, 1382(c) and (e), and 1383(a)-(d)
and (g)); 31 U.S.C. 3716; 31 U.S.C. 3720A.
0
8. Amend Sec. 416.580(b) by removing the word ``individuals'' in the
second
[[Page 65109]]
sentence and adding in its place ``persons'' and by revising the last
sentence to read as follows:
Sec. 416.580 Referral of overpayments to the Department of the
Treasury for tax refund offset--General.
* * * * *
(b) * * * We refer overpayments to the Department of the Treasury
for offset against Federal tax refunds regardless of the amount of time
the debts have been outstanding.
0
9. Amend Sec. 416.581 by revising the section heading, the
introductory text, and paragraphs (a) and (b), and in paragraph (e), by
removing the word ``individual'' in two places and adding in its place
``person''.
Sec. 416.581 Notice to overpaid person.
We will make a request for collection by reduction of Federal and
State income tax refunds only after we determine that a person owes an
overpayment that is past due and provide the overpaid person with
written notice. Our notice of intent to collect an overpayment through
tax refund offset will state:
(a) The amount of the overpayment; and
(b) That we will collect the overpayment by requesting that the
Department of the Treasury reduce any amounts payable to the overpaid
person as refunds of Federal and State income taxes by an amount equal
to the amount of the overpayment unless, within 60 calendar days from
the date of our notice, the overpaid person:
(1) Repays the overpayment in full; or
(2) Provides evidence to us at the address given in our notice that
the overpayment is not past due or legally enforceable; or
(3) Asks us to waive collection of the overpayment under section
204(b) of the Act.
* * * * *
PART 422--ORGANIZATION AND PROCEDURES
Subpart D--[Amended]
0
10. The authority citation for subpart D of part 422 continues to read
as follows:
Authority: Secs. 204(f), 205(a), 702(a)(5), and 1631(b) of the
Social Security Act (42 U.S.C. 404(f), 405(a), 902(a)(5), and
1383(b)); 5 U.S.C. 5514; 31 U.S.C. 3711(e); 31 U.S.C. 3716.
0
11. In Sec. 422.310 revise paragraphs (a)(1) and (b) to read as
follows:
Sec. 422.310 Collection of overdue debts by administrative offset.
(a) Referral to the Department of the Treasury for offset. (1) We
recover overdue debts by offsetting Federal and State payments due the
debtor through the Treasury Offset Program (TOP). TOP is a Government-
wide delinquent debt matching and payment offset process operated by
the Department of the Treasury, whereby debts owed to the Federal
Government are collected by offsetting them against Federal and State
payments owed the debtor. Federal payments owed the debtor include
current ``disposable pay,'' defined in 5 CFR 550.1103, owed by the
Federal Government to a debtor who is an employee of the Federal
Government. Deducting from such disposable pay to collect an overdue
debt owed by the employee is called ``Federal salary offset'' in this
subpart.
* * * * *
(b) Debts we refer. We refer for administrative offset all
qualifying debts that meet or exceed the threshold amounts used by the
Department of the Treasury for collection from State and Federal
payments, including Federal salaries.
* * * * *
[FR Doc. 2011-27221 Filed 10-19-11; 8:45 am]
BILLING CODE 4191-02-P
