Criminal Restitution Orders, 39975-39977 [2015-16868]

Download as PDF Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules program a notice that accurately describes: * * * * * (c) The fund in which the default employee and agency contributions will be invested unless the employee makes a contribution allocation; (d) The employee’s ability to request a refund of any default employee contributions (adjusted for allocable gains and losses) and the procedure to request such a refund; and (e) That an investment in any fund other than the G Fund is made at the employee’s risk, that the employee is not protected by the United States Government or the Board against any loss on the investment, and that neither the United States Government nor the Board guarantees any return on the investment. PART 1601—PARTICIPANTS’ CHOICES OF TSP FUNDS 3. The authority citation for part 1601 continues to read as follows: ■ Authority: 5 U.S.C. 8351, 8432d, 8438, 8474(b)(5) and (c)(1). 4. Amend § 1601.13, by revising paragraphs (a)(3) and (4), redesignating paragraph (a)(5) as (a)(6) and revising it, and adding a new paragraph (a)(5) to read as follows: ■ srobinson on DSK5SPTVN1PROD with PROPOSALS § 1601.13 Elections. (a) * * * (3) A uniformed services participant or a participant enrolled prior to [EFFECTIVE DATE OF FINAL REGULATION] who elects for the first time to invest in a TSP Fund other than the G Fund must execute an acknowledgement of risk in accordance with § 1601.33; (4) All deposits made on behalf of a participant enrolled prior to [EFFECTIVE DATE OF FINAL REGULATION] or a uniformed services participant who does not have a contribution allocation in effect will be invested in the G Fund. A participant who is enrolled prior to [EFFECTIVE DATE OF FINAL REGULATION] and subsequently rehired after [EFFECTIVE DATE OF FINAL REGULATION] and has a positive account balance will be considered enrolled prior to [EFFECTIVE DATE OF FINAL REGULATION] for purposes of this paragraph; (5) All deposits made on behalf of a participant first enrolled on or after [EFFECTIVE DATE OF FINAL REGULATION] who does not have a contribution allocation in effect will be invested in the age-appropriate TSP Lifecycle Fund; and VerDate Sep<11>2014 17:06 Jul 10, 2015 Jkt 235001 (6) Once a contribution allocation becomes effective, it remains in effect until it is superseded by a subsequent contribution allocation or the participant’s account balance is reduced to zero. If a rehired participant has a positive account balance and a contribution allocation in effect, then the participant’s contribution allocation will remain in effect until a new allocation is made. If, however, the participant has a zero account balance, then the participant’s contributions will be allocated to the age-appropriate TSP Lifecycle Fund until a new allocation is made. * * * * * § 1601.22 [Amended] § 1601.33 Acknowledgement of risk. (a) A uniformed services participant or a participant enrolled prior to [EFFECTIVE DATE OF FINAL REGULATION] who wants to invest in a TSP Fund other than the G Fund must execute an acknowledgement of risk for that fund. * * * * * * * * PART 1651—DEATH BENEFITS 7. The authority citation for part 1651 continues to read as follows: ■ Authority: 5 U.S.C. 8424(d), 8432d, 8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and 8474(c)(1). 8. Amend § 1651.2, by revising the last sentence of paragraph (d) to read as follows: ■ § 1651.2 Entitlement to funds in a deceased participant’s account. * * * * * (d) * * * The account will accrue earnings at the G Fund rate in accordance with 5 CFR part 1645 until it is paid out or a beneficiary participant account is established under this part. ■ 3. Amend § 1651.19, by revising the first sentence of paragraph (a) to read as follows: § 1651.19 Beneficiary participant accounts. * * * * * (a) * * * Regardless of the allocation of the deceased participant’s account balance at the time of his or her death, each beneficiary participant account, once established, will be allocated 100 percent to the age-appropriate TSP PO 00000 Frm 00002 Fmt 4702 Lifecycle Fund based on the beneficiary participant’s date of birth. * * * * * * * * [FR Doc. 2015–16867 Filed 7–10–15; 8:45 am] BILLING CODE 6760–01–P FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1653 Criminal Restitution Orders Federal Retirement Thrift Investment Board. ACTION: Proposed rule with request for comments. AGENCY: The Federal Retirement Thrift Investment Board (Agency) proposes to amend its procedures for processing criminal restitution orders to: (1) Require an enforcement letter from the Department of Justice stating that restitution has been ordered under the Mandatory Victims Restitution Act; and (2) provide that the Agency will treat a judgment ordering restitution under the Mandatory Victims Restitution Act as a final judgment. The Agency also proposes to make two technical corrections. DATES: Submit comments on or before August 12, 2015. ADDRESSES: You may submit comments using one of the following methods: • Federal Rulemaking Portal: http:// www.regulations.gov at Docket ID number FRTIB–2015–0001. Follow the instructions for submitting comments. • Mail: Office of General Counsel, Attn: James Petrick, Federal Retirement Thrift Investment Board, 77 K Street NE., Suite 1000, Washington, DC 20002. • Hand Delivery/Courier: The address for sending comments by hand delivery or courier is the same as that for submitting comments by mail. • Facsimile: Comments may be submitted by facsimile at (202) 942– 1676. The most helpful comments explain the reason for any recommended change and include data, information, and the authority that supports the recommended change. FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at (202) 942–1645. SUPPLEMENTARY INFORMATION: The Agency administers the Thrift Savings Plan (TSP), which was established by the Federal Employees’ Retirement System Act of 1986 (FERSA), Public Law 99–335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 and 8401–79. The TSP is a tax-deferred retirement savings plan for Federal SUMMARY: 5. Amend § 1601.22 by removing paragraph (a)(3). ■ 6. Amend § 1601.33 by revising the first sentence of paragraph (a), to read as follows: ■ Sfmt 4702 39975 E:\FR\FM\13JYP1.SGM 13JYP1 39976 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules civilian employees and members of the uniformed services. The TSP is similar to cash or deferred arrangements established for private-sector employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)). The Agency’s governing statute includes an anti-alienation provision that generally protects TSP funds from execution, levy, attachment, garnishment, or other legal process. 5 U.S.C. 8437(c)(2). However, there are exceptions for certain court orders such as criminal restitution orders under the Mandatory Victims Restitution Act (MVRA) of 1996. The Department of Justice (DOJ) may request a payment from a participant’s TSP account to enforce a judgment that orders restitution under the MVRA. On September 10, 2014, the Agency published regulations explaining the Agency’s procedures for processing payments for the enforcement of criminal restitution orders. 79 FR 53603 (September 10, 2014). srobinson on DSK5SPTVN1PROD with PROPOSALS Requirement To Provide an Enforcement Letter Various statutes grant courts the authority to order, or compel them to order, convicted offenders to pay restitution to victims as part of their sentences. Only orders for restitution under 18 U.S.C. 3663A can be enforced against a TSP account. Judgments ordering restitution often do not reference the statutory authority or statutory mandate under which the court ordered restitution. This leaves the Agency to determine the authority or mandate under which the court ordered restitution. The Agency believes the DOJ is better positioned to determine the authority or mandate under which the court ordered restitution. Therefore, the Agency proposes to amend 5 CFR part 1653 to require an enforcement letter from the DOJ stating that the court ordered restitution under 18 U.S.C. 3663A. The Agency will rely on the DOJ’s assertion that the court ordered restitution under 18 U.S.C. 3663A. Treatment of a Judgment Ordering Restitution Under 18 U.S.C. 3663A as a Final Judgment The Agency has received requests from several participants to stay payment from their TSP accounts pending the outcome of an appeal of a judgment ordering restitution under 18 U.S.C. 3663A or the underlying conviction. The Agency’s policy is to deny such requests and treat the judgment as a final judgment. This policy is consistent with 18 U.S.C. 3664(o), which says that a sentence that VerDate Sep<11>2014 17:06 Jul 10, 2015 Jkt 235001 imposes an order of restitution is a final judgment notwithstanding the fact that it may be corrected, amended, or appealed. The Agency proposes to amend 5 CFR part 1653 to codify this policy. Technical Corrections Paragraph (c)(5) of § 1653.33 provides that the TSP will not honor a criminal restitution order that requires a series of payments. The Agency proposes to amend paragraph (c)(5) to provide that the TSP will not honor a criminal restitution order that requires ‘‘the TSP to make’’ a series of payments. The Agency also proposes to replace certain references to a ‘‘restitution order’’ in 5 CFR part 1653, subpart D with the defined term ‘‘criminal restitution order’’ to avoid any ambiguity with respect to whether the regulations refer to the underlying judgment itself or the documents necessary to enforce the judgment against a TSP account. For consistency, the Agency also proposes to replace certain references to a ‘‘levy’’ with the defined term ‘‘tax levy.’’ Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation will affect Federal employees and members of the uniformed services who participate in the Thrift Savings Plan, which is a Federal defined contribution retirement savings plan created under the Federal Employees’ Retirement System Act of 1986 (FERSA), Public Law 99–335, 100 Stat. 514, and which is administered by the Agency. Paperwork Reduction Act I certify that these proposed regulations do not require additional reporting under the criteria of the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501–1571, the effects of this regulation on state, local, and tribal governments and the private sector have been assessed. This proposed regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under section 1532 is not required. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 List of Subjects in 5 CFR Part 1653 Claims, Government employees, Pensions, Retirement, Taxes. Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board. For the reasons stated in the preamble, the Agency proposes to amend 5 CFR chapter VI as follows: PART 1653—COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS 1. The authority citation for part 1653 continues to read as follows: ■ Authority: 5 U.S.C. 8432d, 8435, 8436(b), 8437(e), 8439(a)(3), 8467, 8474(b)(5), and 8474(c)(1). 2. Amend § 1653.31(b), by revising the definition for ‘‘criminal restitution order’’ and adding a definition for ‘‘enforcement letter’’ in alphabetical order to read as follows: ■ § 1653.31 Definitions. * * * * * (b) * * * Criminal restitution order means a complete copy of a judgment in a criminal case issued by a federal court ordering restitution for a crime under 18 U.S.C. 3663A. Enforcement letter means a letter received from the Department of Justice requesting a payment from a participant’s TSP account to enforce a criminal restitution order. * * * * * ■ 3. Amend § 1653.33 by: ■ a. Revising paragraph (b)(2) and adding paragraph (b)(3), ■ b. Replacing the words ‘‘restitution order’’ wherever they appear not preceded by the word ‘‘criminal’’ with the words ‘‘criminal restitution order’’ in paragraphs (c)(1) and (2); and ■ c. Revising paragraphs (c)(3), (c)(5), and (c)(6). The revisions read as follows: § 1653.33 order. Qualifying criminal restitution * * * * * (b) * * * (2) The criminal restitution order must require the participant to pay a stated dollar amount as restitution. (3) The criminal restitution order must be accompanied by an enforcement letter that states the restitution is ordered under 18 U.S.C. 3663A. The enforcement letter must expressly refer to the ‘‘Thrift Savings Plan’’ or describe the TSP in such a way that it cannot be confused with other Federal Government retirement benefits or non-Federal retirement benefits. E:\FR\FM\13JYP1.SGM 13JYP1 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules (c) * * * (3) A criminal restitution order accompanied by an enforcement letter that requires the TSP to make a payment in the future; * * * * * (5) A criminal restitution order accompanied by an enforcement letter that requires TSP to make a series of payments; (6) A criminal restitution order accompanied by an enforcement letter that designates the specific TSP Fund, source of contributions, or balance from which the payment or portions of the payment shall be made. ■ 4. Amend § 1653.34 by revising the last sentence of paragraph (b) introductory text to read as follows: (d) If a participant has funds in more than one type of account, payment will be made from each account in the following order, until the amount required by the tax levy or stated in the enforcement letter is reached: * * * * * (h) The TSP will not hold a payment pending appeal of a criminal restitution order or the underlying conviction. The TSP will treat the criminal restitution order as a final judgment pursuant to 18 U.S.C. 3664(o) and process payment as provided by this subpart. [FR Doc. 2015–16868 Filed 7–10–15; 8:45 am] DEPARTMENT OF THE TREASURY 31 CFR Part 22 * RIN 1505–AC45 * * * * (b) * * * To be complete, a tax levy or criminal restitution order must meet all the requirements of § 1653.32 or § 1653.33; it must also provide (or be accompanied by a document or enforcement letter that provides): * * * * * ■ 5. Amend § 1653.35, by revising the first sentence of the introductory text and revising paragraph (a) to read as follows: srobinson on DSK5SPTVN1PROD with PROPOSALS § 1653.35 Calculating entitlement. A tax levy or criminal restitution order can only require the payment of a stated dollar amount from the TSP. The payee’s entitlement will be the lesser of: (a) The dollar amount stated in the tax levy or enforcement letter; or * * * * * ■ 6. Amend § 1653.36 by: ■ a. Replacing the word ‘‘levy’’ wherever it appears not preceded by the word ‘‘tax’’ with the words ‘‘tax levy’’ in paragraph (a); ■ b. Replacing the words ‘‘restitution order’’ wherever they appear not preceded by the word ‘‘criminal’’ with the words ‘‘criminal restitution order’’ and by replacing the word ‘‘levy’’ wherever it appears not preceded by the word ‘‘tax’’ with the words ‘‘tax levy’’ in paragraph (c); ■ c. Revising paragraph (d) introductory text; ■ d. Replacing the word ‘‘levy’’ wherever it appears not preceded by the word ‘‘tax’’ with the words ‘‘tax levy’’ in paragraph (g); and ■ e. Adding paragraph (h). The revisions and additions read as follows: § 1653.36 Payment. * * * VerDate Sep<11>2014 * * 17:06 Jul 10, 2015 Jkt 235001 Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities Receiving Federal Financial Assistance Department of the Treasury. Notice of proposed rulemaking. AGENCY: ACTION: This proposed regulation provides for the enforcement of Title VI of the Civil Rights Act of 1964, as amended (‘‘Title VI’’) to the end that no person in the United States shall on the grounds of race, color, or national origin be denied participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives federal financial assistance from the Department of the Treasury. The promulgation of this proposed regulation will provide guidance to the Department’s recipients of federal financial assistance in complying with the provisions of Title VI and will also promote consistent and appropriate enforcement of Title VI by the Department’s components. DATES: Written comments must be received on or before September 11, 2015. ADDRESSES: Interested persons are invited to submit comments regarding this notice of proposed rulemaking according to the instructions below. All submissions must refer to the document title. The Department encourages the early submission of comments. Electronic Submission of Comments: Interested persons may submit comments electronically through the Federal eRulemaking Portal at http:// www.regulations.gov. Electronic submission of comments allows the commenter maximum time to prepare SUMMARY: PO 00000 Frm 00004 Fmt 4702 and submit a comment, ensures timely receipt, and enables the Department to make them available to the public. Comments submitted electronically through the http://www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically. Mail: Send comments to Mariam G. Harvey, Director, Office of Civil Rights and Diversity, 1500 Pennsylvania Avenue NW., Washington, DC 20220; facsimile (202) 622–0367. Note: To receive consideration as public comments, comments must be submitted through a method specified. BILLING CODE 6760–01–P § 1653.34 Processing Federal tax levies and criminal restitution orders. 39977 Sfmt 4702 Public Inspection of Public Comments: All properly submitted comments will be available for inspection and downloading at http://www.regulations.gov. Additional Instructions: In general comments received, including attachments and other supporting materials, are part of the public record and are available to the public. Do not submit any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. FOR FURTHER INFORMATION CONTACT: Mariam G. Harvey, Director, Office of Civil Rights and Diversity, Department of the Treasury, (202) 622–0316 (voice), and (202) 622–7104 (TTY). All responses to this notice should be submitted via http:// www.regulations.gov or by mail to ensure consideration. SUPPLEMENTARY INFORMATION: I. Background The purpose of this proposed rule is to provide for the enforcement of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.), as it applies to programs or activities receiving assistance from the Department of the Treasury. Specifically, the statute states that ‘‘[n]o person in the United States shall, on the grounds of race, color, or national origin be denied participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives federal financial assistance.’’ 42 U.S.C. 2000d. Each federal agency subject to Title VI is required to issue regulations implementing Title VI. 28 CFR 42.403. The Department of the Treasury will be issuing Title VI regulations for the first time. The Department proposes regulations as Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d to 2000d-7 (‘‘Title VI’’), requires. E:\FR\FM\13JYP1.SGM 13JYP1

Agencies

[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Proposed Rules]
[Pages 39975-39977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16868]


-----------------------------------------------------------------------

FEDERAL RETIREMENT THRIFT INVESTMENT BOARD

5 CFR Part 1653


Criminal Restitution Orders

AGENCY: Federal Retirement Thrift Investment Board.

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Retirement Thrift Investment Board (Agency) 
proposes to amend its procedures for processing criminal restitution 
orders to: (1) Require an enforcement letter from the Department of 
Justice stating that restitution has been ordered under the Mandatory 
Victims Restitution Act; and (2) provide that the Agency will treat a 
judgment ordering restitution under the Mandatory Victims Restitution 
Act as a final judgment. The Agency also proposes to make two technical 
corrections.

DATES: Submit comments on or before August 12, 2015.

ADDRESSES: You may submit comments using one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov at 
Docket ID number FRTIB-2015-0001. Follow the instructions for 
submitting comments.
     Mail: Office of General Counsel, Attn: James Petrick, 
Federal Retirement Thrift Investment Board, 77 K Street NE., Suite 
1000, Washington, DC 20002.
     Hand Delivery/Courier: The address for sending comments by 
hand delivery or courier is the same as that for submitting comments by 
mail.
     Facsimile: Comments may be submitted by facsimile at (202) 
942-1676.
    The most helpful comments explain the reason for any recommended 
change and include data, information, and the authority that supports 
the recommended change.

FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at (202) 942-1645.

SUPPLEMENTARY INFORMATION: The Agency administers the Thrift Savings 
Plan (TSP), which was established by the Federal Employees' Retirement 
System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP 
provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 
and 8401-79. The TSP is a tax-deferred retirement savings plan for 
Federal

[[Page 39976]]

civilian employees and members of the uniformed services. The TSP is 
similar to cash or deferred arrangements established for private-sector 
employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 
401(k)).
    The Agency's governing statute includes an anti-alienation 
provision that generally protects TSP funds from execution, levy, 
attachment, garnishment, or other legal process. 5 U.S.C. 8437(c)(2). 
However, there are exceptions for certain court orders such as criminal 
restitution orders under the Mandatory Victims Restitution Act (MVRA) 
of 1996. The Department of Justice (DOJ) may request a payment from a 
participant's TSP account to enforce a judgment that orders restitution 
under the MVRA.
    On September 10, 2014, the Agency published regulations explaining 
the Agency's procedures for processing payments for the enforcement of 
criminal restitution orders. 79 FR 53603 (September 10, 2014).

Requirement To Provide an Enforcement Letter

    Various statutes grant courts the authority to order, or compel 
them to order, convicted offenders to pay restitution to victims as 
part of their sentences. Only orders for restitution under 18 U.S.C. 
3663A can be enforced against a TSP account.
    Judgments ordering restitution often do not reference the statutory 
authority or statutory mandate under which the court ordered 
restitution. This leaves the Agency to determine the authority or 
mandate under which the court ordered restitution. The Agency believes 
the DOJ is better positioned to determine the authority or mandate 
under which the court ordered restitution. Therefore, the Agency 
proposes to amend 5 CFR part 1653 to require an enforcement letter from 
the DOJ stating that the court ordered restitution under 18 U.S.C. 
3663A. The Agency will rely on the DOJ's assertion that the court 
ordered restitution under 18 U.S.C. 3663A.

Treatment of a Judgment Ordering Restitution Under 18 U.S.C. 3663A as a 
Final Judgment

    The Agency has received requests from several participants to stay 
payment from their TSP accounts pending the outcome of an appeal of a 
judgment ordering restitution under 18 U.S.C. 3663A or the underlying 
conviction. The Agency's policy is to deny such requests and treat the 
judgment as a final judgment. This policy is consistent with 18 U.S.C. 
3664(o), which says that a sentence that imposes an order of 
restitution is a final judgment notwithstanding the fact that it may be 
corrected, amended, or appealed. The Agency proposes to amend 5 CFR 
part 1653 to codify this policy.

Technical Corrections

    Paragraph (c)(5) of Sec.  1653.33 provides that the TSP will not 
honor a criminal restitution order that requires a series of payments. 
The Agency proposes to amend paragraph (c)(5) to provide that the TSP 
will not honor a criminal restitution order that requires ``the TSP to 
make'' a series of payments. The Agency also proposes to replace 
certain references to a ``restitution order'' in 5 CFR part 1653, 
subpart D with the defined term ``criminal restitution order'' to avoid 
any ambiguity with respect to whether the regulations refer to the 
underlying judgment itself or the documents necessary to enforce the 
judgment against a TSP account. For consistency, the Agency also 
proposes to replace certain references to a ``levy'' with the defined 
term ``tax levy.''

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities. This regulation will 
affect Federal employees and members of the uniformed services who 
participate in the Thrift Savings Plan, which is a Federal defined 
contribution retirement savings plan created under the Federal 
Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 
100 Stat. 514, and which is administered by the Agency.

Paperwork Reduction Act

    I certify that these proposed regulations do not require additional 
reporting under the criteria of the Paperwork Reduction Act.

Unfunded Mandates Reform Act of 1995

    Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 
632, 653, 1501-1571, the effects of this regulation on state, local, 
and tribal governments and the private sector have been assessed. This 
proposed regulation will not compel the expenditure in any one year of 
$100 million or more by state, local, and tribal governments, in the 
aggregate, or by the private sector. Therefore, a statement under 
section 1532 is not required.

List of Subjects in 5 CFR Part 1653

    Claims, Government employees, Pensions, Retirement, Taxes.

Gregory T. Long,
Executive Director, Federal Retirement Thrift Investment Board.
    For the reasons stated in the preamble, the Agency proposes to 
amend 5 CFR chapter VI as follows:

PART 1653--COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT 
SAVINGS PLAN ACCOUNTS

0
1. The authority citation for part 1653 continues to read as follows:

    Authority:  5 U.S.C. 8432d, 8435, 8436(b), 8437(e), 8439(a)(3), 
8467, 8474(b)(5), and 8474(c)(1).

0
2. Amend Sec.  1653.31(b), by revising the definition for ``criminal 
restitution order'' and adding a definition for ``enforcement letter'' 
in alphabetical order to read as follows:


Sec.  1653.31  Definitions.

* * * * *
    (b) * * *
    Criminal restitution order means a complete copy of a judgment in a 
criminal case issued by a federal court ordering restitution for a 
crime under 18 U.S.C. 3663A.
    Enforcement letter means a letter received from the Department of 
Justice requesting a payment from a participant's TSP account to 
enforce a criminal restitution order.
* * * * *
0
3. Amend Sec.  1653.33 by:
0
a. Revising paragraph (b)(2) and adding paragraph (b)(3),
0
b. Replacing the words ``restitution order'' wherever they appear not 
preceded by the word ``criminal'' with the words ``criminal restitution 
order'' in paragraphs (c)(1) and (2); and
0
c. Revising paragraphs (c)(3), (c)(5), and (c)(6).
    The revisions read as follows:


Sec.  1653.33  Qualifying criminal restitution order.

* * * * *
    (b) * * *
    (2) The criminal restitution order must require the participant to 
pay a stated dollar amount as restitution.
    (3) The criminal restitution order must be accompanied by an 
enforcement letter that states the restitution is ordered under 18 
U.S.C. 3663A. The enforcement letter must expressly refer to the 
``Thrift Savings Plan'' or describe the TSP in such a way that it 
cannot be confused with other Federal Government retirement benefits or 
non-Federal retirement benefits.

[[Page 39977]]

    (c) * * *
    (3) A criminal restitution order accompanied by an enforcement 
letter that requires the TSP to make a payment in the future;
* * * * *
    (5) A criminal restitution order accompanied by an enforcement 
letter that requires TSP to make a series of payments;
    (6) A criminal restitution order accompanied by an enforcement 
letter that designates the specific TSP Fund, source of contributions, 
or balance from which the payment or portions of the payment shall be 
made.
0
4. Amend Sec.  1653.34 by revising the last sentence of paragraph (b) 
introductory text to read as follows:


Sec.  1653.34  Processing Federal tax levies and criminal restitution 
orders.

* * * * *
    (b) * * * To be complete, a tax levy or criminal restitution order 
must meet all the requirements of Sec.  1653.32 or Sec.  1653.33; it 
must also provide (or be accompanied by a document or enforcement 
letter that provides):
* * * * *
0
5. Amend Sec.  1653.35, by revising the first sentence of the 
introductory text and revising paragraph (a) to read as follows:


Sec.  1653.35  Calculating entitlement.

    A tax levy or criminal restitution order can only require the 
payment of a stated dollar amount from the TSP. The payee's entitlement 
will be the lesser of:
    (a) The dollar amount stated in the tax levy or enforcement letter; 
or
* * * * *
0
6. Amend Sec.  1653.36 by:
0
a. Replacing the word ``levy'' wherever it appears not preceded by the 
word ``tax'' with the words ``tax levy'' in paragraph (a);
0
b. Replacing the words ``restitution order'' wherever they appear not 
preceded by the word ``criminal'' with the words ``criminal restitution 
order'' and by replacing the word ``levy'' wherever it appears not 
preceded by the word ``tax'' with the words ``tax levy'' in paragraph 
(c);
0
c. Revising paragraph (d) introductory text;
0
d. Replacing the word ``levy'' wherever it appears not preceded by the 
word ``tax'' with the words ``tax levy'' in paragraph (g); and
0
e. Adding paragraph (h).
    The revisions and additions read as follows:


Sec.  1653.36  Payment.

* * * * *
    (d) If a participant has funds in more than one type of account, 
payment will be made from each account in the following order, until 
the amount required by the tax levy or stated in the enforcement letter 
is reached:
* * * * *
    (h) The TSP will not hold a payment pending appeal of a criminal 
restitution order or the underlying conviction. The TSP will treat the 
criminal restitution order as a final judgment pursuant to 18 U.S.C. 
3664(o) and process payment as provided by this subpart.

[FR Doc. 2015-16868 Filed 7-10-15; 8:45 am]
 BILLING CODE 6760-01-P