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      FEC Record: Regulations
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      Notice of proposed rulemaking on debt collection (2010)

FEC Record: RegulationsNotice of proposed rulemaking on debt collection (2010)April 1, 2010 On February 24, 2010, the
Commission published a Notice of
Proposed Rulemaking (NPRM) regarding
implementation of statutory
provisions regarding the collection
of debts owed to the U.S. Government.
The Commission also proposes
integrating its rules regarding
the collection of debts arising solely
from the Administrative Fine program
into the new proposed rules. Background The Commission is proposing
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 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. 31 U.S.C. § 3711(g)(1). The Federal Claims Collection
Standards (FCCS) were promulgated
by the U.S. Department of
the Treasury and the U.S. Department
of Justice, which prescribe the
standards that federal agencies must
use in the administrative collection,
offset, compromise and suspension
or termination of money, funds or
property. 31 CFR parts 900-904. The Commission’s proposed
regulations would incorporate by
reference the relevant provisions of
the DCIA and the FCCS, and the
Commission sought comment on all
aspects of the proposed rules. The
comment period closed on March
26, 2010. Proposed rules on collection of
administrative debts The Commission proposes to add
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 proposed 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. Proposed 11 CFR
8.3 states that the Commission will
collect the claims or debts covered
by the proposed 11 CFR part 8 in
accordance with the DCIA, the
FCCS and certain other Treasury
regulations governing debt collection.
The proposed rule also states
that the Commission will refer debts
to the Treasury Department no later
than 180 days after the debts become delinquent. 11 CFR 8.3(c). During
the 180 days before the mandatory
transfer of a debt to the Treasury Department,
the Commission may take
any action authorized by the DCIA,
the FCCS and Commission regulations
to attempt to collect the debt. Additionally, the Commission’s
proposed rules at 11 CFR part 8
provide for instances where a debtor
has sought bankruptcy protection,
which may require the Commission
to take different action pursuant to
bankruptcy law.
The Commission shall also assess
interest, penalties and administrative
costs on debts owed to the United
States, in accordance with federal
law. The proposed 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 proposed 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. Proposed rules on collection of debts arising from enforcement
and administration of campaign
finance laws The Commission proposes to remove
current 11 CFR 111.45, which
governs debt collection with respect
to the Administrative Fine program.
Instead, the proposed regulations at
11 CFR part 111, subpart C, would
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 proposed 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. Like proposed 11 CFR part 8, the
proposed regulations at 11 CFR part
11, subpart C state that the Commission
will collect claims or debts covered
by the proposed 11 CFR part
111, subpart C, in accordance with
the DCIA, the FCCS and certain
other Treasury regulations governing
debt collection, and will refer debts
to the Treasury Department no later
than 180 days after the debts become
delinquent. 11 CFR 111.51. The proposed 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
proposed 11 CFR part 8, discussed
above. 11 CFR 111.54 and 111.55. The proposed regulations also
note that nothing in proposed 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 full text of the NPRM is
available on the FEC’s website at
http://www.fec.gov/pdf/nprm/debtcollection/notice_2010-04.pdf.
 Author
          Myles MartinIcon of email being sentPublic Affairs Specialist


Read next: Final rules on debt collection (2010)
 Related: Explore legal resources »


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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