Debt Collection Authorities Under the Debt Collection Improvement Act of 1996, 1318-1320 [2015-33044]
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Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations
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thefts and losses to ATF both
telephonically and by submitting Form
3310.11. Licensees must also report the
theft or loss to the appropriate local
authorities.
Pursuant to 27 CFR 479.141 and
according to the instructions on Form
3310.11, licensees reporting the theft or
loss of registered NFA firearms must
provide additional notification to ATF.
As discussed in section I, no form exists
for this purpose, and the person
reporting typically submits a letter with
the required information to the NFA
Branch. As part of this rulemaking,
Form 3310.11, approved under OMB
control number 1140–0039, will capture
the information required by 27 CFR
479.141. Therefore, under this final rule,
a licensee will satisfy its obligation to
provide the required notification to the
NFA Branch by submitting Form
3310.11 to NTC, and NTC will notify the
NFA Branch. Submitting Form 3310.11
will satisfy the requirements of both 27
CFR 478.39a and 27 CFR 479.141 with
one notification.
In addition, the instructions on Form
3310.11 state that a licensee must reflect
the theft or loss of a firearm as a
disposition entry in the A&D Record
required by subpart H of part 478
(formerly 178). These instructions
further state that the disposition entry
should indicate whether the incident is
a theft or loss and include the ATFIssued Incident Number and the
Incident Number provided by the local
law enforcement agency. Finally, the
instructions state that if the firearms are
located, they should be re-entered in the
A&D Record as acquisition entries. The
final rule adds both sets of these
instructions to the regulatory text in 27
CFR 478.39a with modifications. See
section V for full discussion of these
revisions.
The information collection required
by 27 CFR 478.39a—i.e., the submission
of Form 3310.11—has been approved by
the Office of Management and Budget
under control number 1140–0039. This
final rule specifies that when a firearm
is stolen or lost in transit, for reporting
purposes, it is considered stolen or lost
from the transferor’s/sender’s inventory.
Drafting Information
The author of this document is Denise
Brown, Office of Regulatory Affairs,
Enforcement Programs and Services,
Bureau of Alcohol, Tobacco, Firearms,
and Explosives.
List of Subjects in 27 CFR Part 478
Administrative practice and
procedure, Arms and munitions,
Customs duties and inspection, Exports,
Imports, Intergovernmental relations,
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20:17 Jan 11, 2016
Jkt 238001
Law enforcement officers, Military
personnel, Penalties, Reporting and
recordkeeping requirements, Research,
Seizures and forfeitures, Transportation.
Authority and Issuance
Accordingly, for the reasons
discussed in the preamble, 27 CFR part
478 is amended as follows:
PART 478—COMMERCE IN FIREARMS
AND AMMUNITION
1. The authority citation for 27 CFR
part 478 is revised to read as follows:
■
Authority: 5 U.S.C. 552(a); 18 U.S.C. 921–
931; 44 U.S.C. 3504(h).
■
2. Revise § 478.39a to read as follows:
§ 478.39a
firearms.
Reporting theft or loss of
(a)(1) Each licensee shall report the
theft or loss of a firearm from the
licensee’s inventory (including any
firearm which has been transferred from
the licensee’s inventory to a personal
collection and held as a personal
firearm for at least 1 year), or from the
collection of a licensed collector, within
48 hours after the theft or loss is
discovered.
(2) When a firearm is stolen or lost in
transit on a common or contract carrier
(which for purposes of this paragraph
includes the U.S. Postal Service), it is
considered stolen or lost from the
transferor/sender licensee’s inventory
for reporting purposes. Therefore, the
transferor/sender of the stolen or lost
firearm shall report the theft or loss of
the firearm within 48 hours after the
transferor/sender discovers the theft or
loss.
(b) Each licensee shall report the theft
or loss by telephoning ATF at 1–888–
930–9275 (nationwide toll-free number),
and by preparing and submitting to ATF
a Federal Firearms Licensee Theft/Loss
Report, ATF Form 3310.11, in
accordance with the instructions on the
form. The original of the report shall be
retained by the licensee as part of the
licensee’s required records.
(c) When a licensee submits to ATF a
Federal Firearms Licensee Theft/Loss
Report, ATF Form 3310.11, for the theft
or loss of a firearm registered under the
National Firearms Act, this report also
satisfies the notification requirement
under § 479.141 of this chapter.
(d) Theft or loss of any firearm shall
also be reported to the appropriate local
authorities. If the location of the theft or
loss is known, the local law
enforcement agency at that location
would be the appropriate local
authority. Otherwise, the report should
be made to the local law enforcement
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Fmt 4700
Sfmt 4700
authorities at the licensee’s location or
business premises.
(e) Licensees shall reflect the theft or
loss of a firearm as a disposition entry
in the Record of Acquisition and
Disposition required by subpart H of
this part not later than 7 days following
discovery of the theft or loss. The
disposition entry shall record whether
the incident is a theft or loss, the ATFIssued Incident Number, and the
Incident Number provided by the local
law enforcement agency.
(f) Licensees who report the theft or
loss of a firearm and later discover its
whereabouts shall advise ATF at 1–888–
930–9275 (nationwide toll-free number)
that the firearm has been located, and
shall re-enter the firearm in the Record
of Acquisition and Disposition as an
acquisition or disposition entry as
appropriate.
Dated: January 4, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016–00112 Filed 1–11–16; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 285
RIN 1530–AA12
Debt Collection Authorities Under the
Debt Collection Improvement Act of
1996
Bureau of the Fiscal Service,
Treasury.
ACTION: Final rule.
AGENCY:
The Department of the
Treasury, Bureau of the Fiscal Service,
is amending its regulations concerning
the offset of Federal benefit payments to
collect past-due, legally enforceable
nontax debt, centralized offset of
Federal payments to collect nontax
debts owed to the United States, salary
offset, and transfer of debts to Treasury
for collection. The amendment adjusts
the time period in which Federal
agencies must notify the Secretary of the
Treasury of past due, nontax debt for the
purposes of administrative offset. A
statutory change, enacted as part of the
Digital Accountability and
Transparency Act of 2014, shortened the
period of delinquency within which
Federal agencies are required to notify
the Secretary of past due, nontax debt
from 180 days to 120 days.
DATES: This rule is effective January 12,
2016.
SUMMARY:
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Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations
Bureau of the Fiscal
Service, 401 14th Street SW.,
Washington, DC 20227.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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I. Background
Section 5 of the Digital Accountability
and Transparency Act of 2014, Public
Law 113–101, amended a provision of
the Debt Collection Improvement Act of
1996, codified at 31 U.S.C. 3716(c)(6), to
change the time by which Federal
agencies must notify the Secretary of the
Treasury of past due, nontax debts for
the purposes of administrative offset.
The amendment changes the notice
requirement from 180 days delinquent
to 120 days delinquent.
The changes to this rule conform to
the statutory language by removing
references to 180 days in the sections
relating to: Offset of Federal benefit
payments to collect past-due, legally
enforceable nontax debt; centralized
offset of Federal payments to collect
nontax debts owed to the United States;
salary offset; and the transfer of debts to
Treasury for collection. In each
instance, ‘‘180 days’’ is replaced with
‘‘120 days.’’ In addition, the rule makes
revisions to address agencies that
transfer debts to Fiscal Service for debt
collection services and on behalf of
which Fiscal Service submits debt for
administrative offset. Federal agencies
that are owed debt must transfer any
debt that is more than 180 days
delinquent to Fiscal Service for debt
collection services. Administrative
offset is one of the collection tools used
by Fiscal Service to collect debt.
Therefore, agencies transferring debts to
Fiscal Service for debt collection are
able to satisfy the notification
requirement for administrative offset
and the requirement to transfer
delinquent debts with a single referral.
Because the notice requirement for
administrative offset is now 120 days
and not 180 days, agencies relying on
Fiscal Service to submit debts for
administrative offset on their behalf
must transfer the debts no later than 120
days after they become delinquent in
order to meet the notification
requirement for administrative offset.
Agencies that do not rely on Fiscal
Service to submit their debts for
administrative offset must still transfer
their debts no later than 180 days after
they become delinquent.
II. Procedural Analyses
Administrative Procedures Act
This rule is being issued without prior
public notice and comment because the
changes to the rule are being made to
conform to statutory requirements.
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Jkt 238001
Under 5 U.S.C. 553(b) and (d)(3), good
cause exists to determine that notice
and comment rulemaking is
unnecessary and contrary to the public
interest. The amendments made by this
rule merely mirror amendments already
enacted into law. Further delay in
making these amendments would create
an inconsistency between the law and
the regulations and would cause
confusion.
Regulatory Planning and Review
The final rule does not meet the
criteria for a ‘‘significant regulatory
action’’ as defined in Executive Order
12866. Therefore, the regulatory review
procedures contained therein do not
apply.
Regulatory Flexibility Act Analysis
Because no notice of rulemaking is
required, the provisions of the
Regulatory Flexibility Act (5 U.S.C. et
seq.) do not apply.
List of Subjects in 31 CFR Part 285
Administrative practice and
procedure, Child support, Child welfare,
Claims, Credits, Debts, Disability
benefits, Federal employees,
Garnishment of wages, Hearing and
appeal procedures, Loan programs,
Privacy, Railroad retirement, Railroad
unemployment insurance, Salaries,
Social Security benefits, Supplemental
Security Income (SSI), Taxes, Veterans’
benefits, Wages.
For the reasons set forth in the
preamble, we are amending 31 CFR part
285 as follows:
PART 285—DEBT COLLECTION
AUTHORITIES UNDER THE DEBT
COLLECTION IMPROVEMENT ACT OF
1996
1. The authority citation for part 285
continues to read as follows:
■
Authority: 5 U.S.C. 5514; 26 U.S.C. 6402;
31 U.S.C. 321, 3701, 3711, 3716, 3719,
3720A, 3720B, 3720D; 42 U.S.C. 664; E.O.
13019, 61 FR 51763, 3 CFR, 1996 Comp., p.
216.
§ 285.4
[Amended]
2. In § 285.4, in paragraph (d), remove
‘‘180’’ and add in its place ‘‘120’’ each
place it appears.
■
§ 285.5
[Amended]
3. In § 285.5, in paragraphs (d)(1) and
(2) and two occurences in paragraph
(d)(3)(iv), remove ‘‘180’’ and add in its
place ‘‘120’’.
■
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Fmt 4700
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§ 285.7
1319
[Amended]
4. In § 285.7, in paragraph (d)(1),
remove ‘‘180’’ and add in its place
‘‘120’’.
■ 5. In § 285.12, revise paragraphs (c)(1),
(c)(3)(i), and (g) to read as follows:
■
§ 285.12 Governing transfer of debts to
Treasury for collection.
*
*
*
*
*
(c) * * *
(1) Except as set forth in paragraph (d)
of this section, a creditor agency shall
transfer any debt that is more than 180
days delinquent to Fiscal Service for
debt collection services. Agencies that
transfer delinquent debts to Fiscal
Service for the purposes of debt
collection and that rely on Fiscal
Service to submit the transferred debts
for administrative offset on the agency’s
behalf must transfer the debts to Fiscal
Service no later than 120 days after the
debts become delinquent in order to
satisfy the 120-day notice requirement
for purposes of administrative offset.
For accounting and reporting purposes,
the debt remains on the books and
records of the agency which transferred
the debt.
*
*
*
*
*
(3)(i) A debt is considered delinquent
for purposes of this section if it is past
due and is legally enforceable. A debt is
past-due if it has not been paid by the
date specified in the agency’s initial
written demand for payment or
applicable agreement or instrument
(including a post-delinquency payment
agreement) unless other satisfactory
payment arrangements have been made.
A debt is legally enforceable if there has
been a final agency determination that
the debt, in the amount stated, is due
and there are no legal bars to collection
action. Where, for example, a debt is the
subject of a pending administrative
review process required by statute or
regulation and collection action during
the review process is prohibited, the
debt is not considered legally
enforceable for purposes of mandatory
transfer to Fiscal Service and is not to
be transferred even if the debt is more
than 180 days past-due.
*
*
*
*
*
(g) Administrative offset. As described
in paragraph (c) of this section, under
the DCIA, agencies are required to
transfer all debts over 180 days
delinquent to Fiscal Service for
purposes of debt collection (i.e., crossservicing). Agencies are also required,
under the DCIA, to notify the Secretary
of all debts over 120 days delinquent for
purposes of administrative offset.
Administrative offset is one type of
collection tool used by Fiscal Service
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Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations
and Treasury-designated debt collection
centers to collect debts transferred
under this section. Thus, by transferring
debt to Fiscal Service or to a Treasurydesignated debt collection center under
this section, Federal agencies will
satisfy the requirement to notify the
Secretary of debts for purposes of
administrative offset and duplicate
referrals are not required. Agencies
relying on Fiscal Service to submit debts
for administrative offset on the agency’s
behalf must transfer the debts to Fiscal
Service no later than 120 days after the
debts become delinquent in order to
satisfy the 120-day notice requirement
for purposes of administrative offset. A
debt which is not transferred to Fiscal
Service for purposes of debt collection,
however, such as a debt which falls
within one of the exempt categories
listed in paragraph (d) of this section,
nevertheless may be subject to the DCIA
requirement of notification to the
Secretary for purposes of administrative
offset.
*
*
*
*
*
David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2015–33044 Filed 1–11–16; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0247; FRL–9940–87–
Region 4]
Approval and Promulgation of
Implementation Plans; Mississippi;
Memphis, TN–MS–AR Emissions
Statements for the 2008 8-Hour Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the state implementation plan
(SIP) revision submitted by the State of
Mississippi, through the Mississippi
Department of Environmental Quality
(MDEQ) on August 28, 2015, to address
the emissions statement requirements
for the State’s portion of the Memphis,
Tennessee-Mississippi-Arkansas
(Memphis, TN–MS–AR) 2008 8-hour
ozone national ambient air quality
standards (NAAQS) nonattainment area
(hereafter referred to as the ‘‘Memphis,
TN–MS–AR Area’’ or ‘‘Area’’). Annual
emissions reporting (i.e., emission
statements) is required for all ozone
nonattainment areas. The Area is
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
20:17 Jan 11, 2016
Jkt 238001
comprised of Shelby County in
Tennessee, Crittenden County in
Arkansas, and a portion of DeSoto
County in Mississippi. In this action,
EPA is taking final action to approve the
emissions statement requirements for
DeSoto County in Mississippi portion of
the Area.
DATES: This final rule is effective
February 11, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0247. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Ms. Bell
can be reached at (404) 562–9088 and
via electronic mail at bell.tiereny@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 28, 2015, MDEQ submitted
a SIP revision to EPA that seeks to add
11 Mississippi Administrative Code
(MAC), Part 2, Chapter 11, ‘‘Regulations
for Ambient Air Quality NonAttainment Areas,’’ 1 into the
1 These regulations conform to the new
nomenclature for Mississippi’s state regulations
pursuant to the State’s recently amended
Administrative Procedures Act. Mississippi has not
provided EPA with a SIP revision to renumber the
state regulations currently incorporated into the
SIP.
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Frm 00030
Fmt 4700
Sfmt 4700
Mississippi SIP to meet the emissions
statements requirement of CAA section
182(a)(3)(B).2 This chapter of the MAC
contains Rule 11.1—General, which
states the purpose of the regulation;
Rule 11.2—Definitions, which defines
Commission, Department, NAAQS,
Nonattainment Area, and Emissions
Statement; and Rule—11.3 Emissions
Statement, which: (1) Applies to all
stationary sources of NOX [nitrogen
oxides] or VOCs [volatile organic
compounds] which have the potential to
emit 25 tons or more of either pollutant
per calendar year and are located in
areas designated as nonattainment for
the 2008 ozone NAAQS; (2) requires
owners and operators of those stationary
sources of NOX and VOC to provide a
statement showing the actual emissions
of NOX and VOCs from that source; and
(3) requires that emissions statements be
submitted to MDEQ by July 1 of every
year, showing actual emissions of the
previous calendar year and containing a
certification that the information
contained in the statement is accurate to
the best knowledge of the individual
certifying the statement. EPA has
determined that these regulations meet
all of the requirements of the Clean Air
Act (CAA or Act) section 182(a)(3)(B) for
the Mississippi portion of the Area
because they cover the portion of
DeSoto County within the Area and
satisfy the applicability, certification,
and other emissions statements criteria
contained therein.
In a notice of proposed rulemaking
published on August 10, 2015, EPA
proposed to approve Mississippi’s June
1, 2015, draft SIP revision submitted for
parallel processing that sought to add
new Rules 11.1, 11.2, and 11.3 from
Title 11 of the Mississippi
Administrative Code, Part 2, Chapter 11
into the SIP. See 80 FR 47883. The
details of Mississippi’s submittal and
the rationale for EPA’s actions are
explained in the Proposed Rule.
Comments on the proposed rulemaking
were due on or before September 9,
2015. No adverse comments were
received. On August 28, 2015,
Mississippi submitted a final SIP
revision that did not contain any
substantive changes from the draft
version submitted on June 1, 2015. EPA
is now taking final action to approve the
2 Section 182(a)(3)(B) of the CAA requires each
state with ozone nonattainment areas to submit a
SIP revision requiring annual emissions statements
to be submitted to the state by the owner or operator
of each NOX or VOC stationary source located
within a nonattainment area showing the actual
emissions of NOX and VOC from that source. The
first statement is due three years from the area’s
nonattainment designation, and subsequent
statements are due at least annually thereafter.
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]]>Agencies
[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Rules and Regulations]
[Pages 1318-1320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33044]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 285
RIN 1530-AA12
Debt Collection Authorities Under the Debt Collection Improvement
Act of 1996
AGENCY: Bureau of the Fiscal Service, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury, Bureau of the Fiscal Service,
is amending its regulations concerning the offset of Federal benefit
payments to collect past-due, legally enforceable nontax debt,
centralized offset of Federal payments to collect nontax debts owed to
the United States, salary offset, and transfer of debts to Treasury for
collection. The amendment adjusts the time period in which Federal
agencies must notify the Secretary of the Treasury of past due, nontax
debt for the purposes of administrative offset. A statutory change,
enacted as part of the Digital Accountability and Transparency Act of
2014, shortened the period of delinquency within which Federal agencies
are required to notify the Secretary of past due, nontax debt from 180
days to 120 days.
DATES: This rule is effective January 12, 2016.
[[Page 1319]]
ADDRESSES: Bureau of the Fiscal Service, 401 14th Street SW.,
Washington, DC 20227.
SUPPLEMENTARY INFORMATION:
I. Background
Section 5 of the Digital Accountability and Transparency Act of
2014, Public Law 113-101, amended a provision of the Debt Collection
Improvement Act of 1996, codified at 31 U.S.C. 3716(c)(6), to change
the time by which Federal agencies must notify the Secretary of the
Treasury of past due, nontax debts for the purposes of administrative
offset. The amendment changes the notice requirement from 180 days
delinquent to 120 days delinquent.
The changes to this rule conform to the statutory language by
removing references to 180 days in the sections relating to: Offset of
Federal benefit payments to collect past-due, legally enforceable
nontax debt; centralized offset of Federal payments to collect nontax
debts owed to the United States; salary offset; and the transfer of
debts to Treasury for collection. In each instance, ``180 days'' is
replaced with ``120 days.'' In addition, the rule makes revisions to
address agencies that transfer debts to Fiscal Service for debt
collection services and on behalf of which Fiscal Service submits debt
for administrative offset. Federal agencies that are owed debt must
transfer any debt that is more than 180 days delinquent to Fiscal
Service for debt collection services. Administrative offset is one of
the collection tools used by Fiscal Service to collect debt. Therefore,
agencies transferring debts to Fiscal Service for debt collection are
able to satisfy the notification requirement for administrative offset
and the requirement to transfer delinquent debts with a single
referral. Because the notice requirement for administrative offset is
now 120 days and not 180 days, agencies relying on Fiscal Service to
submit debts for administrative offset on their behalf must transfer
the debts no later than 120 days after they become delinquent in order
to meet the notification requirement for administrative offset.
Agencies that do not rely on Fiscal Service to submit their debts for
administrative offset must still transfer their debts no later than 180
days after they become delinquent.
II. Procedural Analyses
Administrative Procedures Act
This rule is being issued without prior public notice and comment
because the changes to the rule are being made to conform to statutory
requirements. Under 5 U.S.C. 553(b) and (d)(3), good cause exists to
determine that notice and comment rulemaking is unnecessary and
contrary to the public interest. The amendments made by this rule
merely mirror amendments already enacted into law. Further delay in
making these amendments would create an inconsistency between the law
and the regulations and would cause confusion.
Regulatory Planning and Review
The final rule does not meet the criteria for a ``significant
regulatory action'' as defined in Executive Order 12866. Therefore, the
regulatory review procedures contained therein do not apply.
Regulatory Flexibility Act Analysis
Because no notice of rulemaking is required, the provisions of the
Regulatory Flexibility Act (5 U.S.C. et seq.) do not apply.
List of Subjects in 31 CFR Part 285
Administrative practice and procedure, Child support, Child
welfare, Claims, Credits, Debts, Disability benefits, Federal
employees, Garnishment of wages, Hearing and appeal procedures, Loan
programs, Privacy, Railroad retirement, Railroad unemployment
insurance, Salaries, Social Security benefits, Supplemental Security
Income (SSI), Taxes, Veterans' benefits, Wages.
For the reasons set forth in the preamble, we are amending 31 CFR
part 285 as follows:
PART 285--DEBT COLLECTION AUTHORITIES UNDER THE DEBT COLLECTION
IMPROVEMENT ACT OF 1996
0
1. The authority citation for part 285 continues to read as follows:
Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 321, 3701,
3711, 3716, 3719, 3720A, 3720B, 3720D; 42 U.S.C. 664; E.O. 13019, 61
FR 51763, 3 CFR, 1996 Comp., p. 216.
Sec. 285.4 [Amended]
0
2. In Sec. 285.4, in paragraph (d), remove ``180'' and add in its
place ``120'' each place it appears.
Sec. 285.5 [Amended]
0
3. In Sec. 285.5, in paragraphs (d)(1) and (2) and two occurences in
paragraph (d)(3)(iv), remove ``180'' and add in its place ``120''.
Sec. 285.7 [Amended]
0
4. In Sec. 285.7, in paragraph (d)(1), remove ``180'' and add in its
place ``120''.
0
5. In Sec. 285.12, revise paragraphs (c)(1), (c)(3)(i), and (g) to
read as follows:
Sec. 285.12 Governing transfer of debts to Treasury for collection.
* * * * *
(c) * * *
(1) Except as set forth in paragraph (d) of this section, a
creditor agency shall transfer any debt that is more than 180 days
delinquent to Fiscal Service for debt collection services. Agencies
that transfer delinquent debts to Fiscal Service for the purposes of
debt collection and that rely on Fiscal Service to submit the
transferred debts for administrative offset on the agency's behalf must
transfer the debts to Fiscal Service no later than 120 days after the
debts become delinquent in order to satisfy the 120-day notice
requirement for purposes of administrative offset. For accounting and
reporting purposes, the debt remains on the books and records of the
agency which transferred the debt.
* * * * *
(3)(i) A debt is considered delinquent for purposes of this section
if it is past due and is legally enforceable. A debt is past-due if it
has not been paid by the date specified in the agency's initial written
demand for payment or applicable agreement or instrument (including a
post-delinquency payment agreement) unless other satisfactory payment
arrangements have been made. A debt is legally enforceable if there has
been a final agency determination that the debt, in the amount stated,
is due and there are no legal bars to collection action. Where, for
example, a debt is the subject of a pending administrative review
process required by statute or regulation and collection action during
the review process is prohibited, the debt is not considered legally
enforceable for purposes of mandatory transfer to Fiscal Service and is
not to be transferred even if the debt is more than 180 days past-due.
* * * * *
(g) Administrative offset. As described in paragraph (c) of this
section, under the DCIA, agencies are required to transfer all debts
over 180 days delinquent to Fiscal Service for purposes of debt
collection (i.e., cross-servicing). Agencies are also required, under
the DCIA, to notify the Secretary of all debts over 120 days delinquent
for purposes of administrative offset. Administrative offset is one
type of collection tool used by Fiscal Service
[[Page 1320]]
and Treasury-designated debt collection centers to collect debts
transferred under this section. Thus, by transferring debt to Fiscal
Service or to a Treasury-designated debt collection center under this
section, Federal agencies will satisfy the requirement to notify the
Secretary of debts for purposes of administrative offset and duplicate
referrals are not required. Agencies relying on Fiscal Service to
submit debts for administrative offset on the agency's behalf must
transfer the debts to Fiscal Service no later than 120 days after the
debts become delinquent in order to satisfy the 120-day notice
requirement for purposes of administrative offset. A debt which is not
transferred to Fiscal Service for purposes of debt collection, however,
such as a debt which falls within one of the exempt categories listed
in paragraph (d) of this section, nevertheless may be subject to the
DCIA requirement of notification to the Secretary for purposes of
administrative offset.
* * * * *
David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2015-33044 Filed 1-11-16; 8:45 am]
BILLING CODE P
