Department of Justice 2013 – Federal Register Recent Federal Regulation Documents

This final rule (``rule'') sets forth procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain approved nonprofit budget and credit counseling agencies (``credit counseling agencies'' or ``agencies'') satisfy all prerequisites of the United States Code, as implemented under this rule. Under the current law, an individual may not be a debtor under title 11 of the United States Code, unless during the 180- day period preceding the date of filing a bankruptcy petition, the individual receives adequate counseling from a credit counseling agency that is approved by the United States Trustee. The current law enumerates mandatory prerequisites and minimum standards applicants seeking to become approved credit counseling agencies must meet. Under this rule, United States Trustees will approve applicants for inclusion on publicly available agency lists in one or more federal judicial districts if an applicant establishes it meets all the requirements of the United States Code, as implemented under this rule. After obtaining such approval, a credit counseling agency shall be authorized to provide credit counseling in a federal judicial district during the time the agency remains approved. EOUST intends to add to its regulations governing credit counseling agencies, two new provisions not previously included in the proposed rule on this subject. A new section 58.17(c)(11) will require agencies to notify the United States Trustee of certain actions pursuant to 11 U.S.C. 111(g)(2) or other consumer protection statutes, such as an entry of judgment or mediation award, or the agency's entry into a settlement order, consent decree, or assurance of voluntary compliance. The second provision will amend section 58.20(j) to require an agency to assist an individual with limited English proficiency by expeditiously directing the individual to an agency that can provide counseling in the language of the individual's choice. Because these provisions were not discussed in the proposed rule published on February 1, 2008, EOUST will publish another Notice of Proposed Rulemaking requesting public comment with respect to these two provisions.

This notice announces the completion date of the claims adjudication programs referred to the Foreign Claims Settlement Commission (``Commission'') by the Department of State by letters dated December 11, 2008 (the ``Libya I program''), and January 15, 2009 (the ``Libya II program''), involving claims of United States nationals against the Government of Libya that were settled under the ``Claims Settlement Agreement Between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya.'' By prior notice, the Commission announced the commencement of the Libya I program on March 23, 2009, with a completion date of March 23, 2010 (74 FR 12148), and announced the commencement of the Libya II program on July 7, 2009, with a completion date of July 7, 2011 (74 FR 32193). The completion date specified in this Notice supersedes the previously announced completion dates.

In this interim rule, the Bureau of Prisons (Bureau) makes a minor change to remove an administrative level of review from the processing of a Compassionate Release request packet.