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      FEC Record: Regulations
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      Final rules on debt collection (2010)

FEC Record: RegulationsFinal rules on debt collection (2010)May 3, 2010 On April 16, 2010, the Commission published final rules and their explanation and justification in the Federal Register implementing statutory and regulatory provisions regarding the collection of delinquent debts owed to the United States Government.
    The final rules also integrate existing regulations regarding the collection of debts arising solely from the Administrative Fine program into the new rules. Background The Commission is promulgating new rules to implement the Debt Collection Improvement Act of 1996 (DCIA), which governs the federal government’s debt collection activities and mandates that all nontax debts or claims owed to the United States that have
    been delinquent for a period of more than 180 days shall be referred to the U.S. Department of the Treasury or a Treasury-designated collection center for appropriate action to collect or terminate collection of the claim or debt. The Federal Claims Collection Standards (FCCS), which were promulgated by the U.S. Department of the Treasury and the U.S. Department of Justice, prescribe the standards that federal agencies must use in the administrative collection, offset, compromise
    and suspension or termination of collection activity for civil claims of money, funds or property. 31 CFR 900-904. The FCCS clarifies and simplifies federal debt collection procedures and prescribes the steps that an agency must take before initiating
    debt collection to ensure that individuals’ rights are protected, which include notifying the debtor of the debt and the consequences of failing to resolve the debt. The Commission published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on February 24, 2010, requesting comment on the proposed rules. (See the
    April 2010 Record). The comment period closed on March 26, 2010, and the Commission received
    one comment on the proposed rules. Collection of administrative debts The Commission is adding new part 8 and new subpart C to 11 CFR Part 111 to provide for debt collection. Together, both parts are designed to cover all types of debt that the Commission must collect. The regulations in part 8 cover only those debts that
    are either owed to the U.S. government by current or former Commission employees, or arise from the provision of goods or services by contractors or vendors doing business with the Commission. New 11 CFR 8.3 states that the Commission will collect
    the claims or debts covered by 11 CFR part 8 in accordance with the DCIA, the FCCS and certain other Treasury regulations governing debt collection. The new rules also state that the Commission will refer all debts to the Treasury Department that
    are more than 180 days delinquent and may, at its discretion, transfer delinquent debts prior to the end of the 180 day period. 11 CFR 8.3(c). Additionally, the Commission’s final rules provide for instances where a debtor has sought bankruptcy protection, which may require the Commission to take different action pursuant to bankruptcy law. 11 CFR 8.4. The Commission shall also assess interest, penalties and administrative costs on debts owed to the United States, in accordance with federal law. The final rules state that the Commission shall waive collection of interest and administrative costs on
    debts that are paid within 30 days after the date on which interest begins to accrue. The final rules also provide that the Commission may, at its discretion, waive collection of interest, penalties or administrative costs on any debt, and sets out
    the criteria for waiver. 11 CFR 8.5. Collection of debts arising from enforcement and administration of the campaign finance laws The Commission’s final rules
remove 11 CFR 111.45, which governed
debt collection with respect to
the Administrative Fine program. Instead,
the new regulations at 11 CFR
part 111, subpart C, now govern the
Commission’s collection of debts
arising from compliance matters, administrative
fines, alternative dispute
resolution, repayments of public
funds and court judgments arising
from the Commission’s enforcement
of the campaign finance laws. The
new regulations cover the collection
of debts only, and will be invoked only after the completion of existing
Commission processes during
which respondents or other parties
have had a full and fair opportunity
to demonstrate that no civil penalty
or repayment should be imposed.
See 11 CFR parts 111 and 9038, and
9008.11-9008.15. Like new 11 CFR part 8, the new
regulations at 11 CFR part 111,
subpart C, state that the Commission
will collect claims or debts covered
by the new regulations in accordance
with the DCIA, the FCCS and
certain other Treasury regulations
governing debt collection, and will
refer debts to the Treasury Department
that have been delinquent for
more than 180 days and may, at its
discretion, transfer delinquent debts
prior to the end of the 180 day period.
11 CFR 111.52. The new regulations at 11 CFR
part 111, subpart C, also contain the
same provisions governing the impact
of bankruptcy law on debt collection
and assessment and waiver of
interest, penalties and administrative
costs contained in new 11 CFR part
8, discussed above. 11 CFR 111.54
and 111.55. The new regulations also note
that nothing in new 11 CFR part
111, subpart C, precludes the Commission
from filing suit in court to
enforce compliance with a conciliation
agreement, seek a civil money
penalty, petition the court for a
contempt order or otherwise exercise
its authority to enforce or administer
the Federal Election Campaign Act,
the Presidential Election Campaign
Fund Act or the Presidential Primary
Matching Payment Account Act. 11
CFR 111.53. Additional information The Final Rules and Explanation
and Justification were transmitted
to Congress on April 12, 2010, and
published in the Federal Register on April 16, 2010. The Federal Register
notice is available on the Commission’s
website at http://www.fec.gov/law/cfr/ej_compilation/2010/notice_2010-10.pdf. The rules are
effective on May 17, 2010.
 Author
          Myles MartinIcon of email being sentPublic Affairs Specialist


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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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