[Federal Register: December 23, 1998 (Volume 63, Number 246)]
[Rules and Regulations]
[Page 71203-71204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de98-16]

[[Page 71203]]

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Part III

Department of the Treasury

_______________________________________________________________________

Fiscal Service

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31 CFR Part 285

Offset of Federal Benefit Payments to Collect Past-due, Legally
Enforceable Nontax Debt; Final Rule

[[Page 71204]]

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 285

RIN 1510-AA74 and RIN 1510-AA64


Offset of Federal Benefit Payments to Collect Past-due, Legally
Enforceable Nontax Debt

AGENCY: Financial Management Service, Fiscal Service, Treasury.

ACTION: Final rule.

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SUMMARY: The Debt Collection Improvement Act of 1996 requires the
Federal Government to withhold or reduce certain Federal payments for
the purpose of collecting delinquent nontax debts owed to the United
States by the payee. This process is known as ``administrative offset''
or ``offset.'' This final rule governs the offset of Federal benefit
payments issued under the Social Security Act (other than Supplemental
Security Income), part B of the Black Lung Benefits Act, and any law
administered by the Railroad Retirement Board (other than tier 2
benefit payments). A notice of proposed rulemaking was published in the
Federal Register on August 21, 1998, by cross-reference to an interim
rule published in the Federal Register on the same day. This final rule
adopts the interim rule without change.

DATES: This rule is effective January 22, 1999.

FOR FURTHER INFORMATION CONTACT: Gerry Isenberg, Financial Program
Specialist, at (202) 874-6660; Martin Mills, Treasury Offset Program,
at (202) 874-8700; Ellen Neubauer or Ronda Kent, Senior Attorneys, at
(202) 874-6680. A copy of this final rule is being made available for
downloading from the Financial Management Service web site at the
following address: http://www.fms.treas.gov/debt.

SUPPLEMENTARY INFORMATION:

Background

    The Debt Collection Improvement Act of 1996, Pub. L. 104-134, 110
Stat. 1321-358 (April 26, 1996), requires the Federal Government to
withhold or reduce certain Federal payments for the purpose of
collecting delinquent nontax debts owed to the United States by the
payee. This process is known as ``administrative offset'' or
``offset.'' On August 21, 1998, the Financial Management Service (FMS)
published in the Federal Register, 63 FR 44991, a notice of proposed
rulemaking (NPRM) concerning the offset of Federal benefit payments
issued under the Social Security Act (other than Supplemental Security
Income), part B of the Black Lung Benefits Act, and any law
administered by the Railroad Retirement Board (other than tier 2
benefit payments). An interim rule with request for comments, published
in the Federal Register on the same day, 63 FR 44986, served as the
text for the NPRM. The closing date for the submission of comments
regarding the proposed and interim rules was September 21, 1998.

Comments on the Proposed and Interim Rules

    FMS did not receive any comments on the proposed rule by the close
of the comment period. Likewise, FMS did not receive any comments on
the interim rule which served as the text for the proposed rule.
Therefore, the interim rule is adopted, without change, as a final
rule.

Regulatory Analysis

    This final rule is not a significant regulatory action as defined
in Executive Order 12866. It is hereby certified that this rule will
not have a significant economic impact on a substantial number of small
entities. The basis for this certification is that this rule only
impacts individuals who owe delinquent debt to the United States and
receive the benefit payments discussed above. Therefore a regulatory
flexibility analysis is not required.

Adoption as Final Rule

    Accordingly, the interim rule adding Sec. 285.4 to 31 CFR part 285,
subpart A, which was published at 63 FR 44986 on August 21, 1998, is
adopted as a final rule without change.

    Dated: December 16, 1998.
Richard L. Gregg,
Commissioner.
[FR Doc. 98-33874 Filed 12-22-98; 8:45 am]
BILLING CODE 4810-35-P