federal register

Wednesday

December 23, 1998

Part III

Department of the

Treasury

Fiscal Service

31 CFR Part 285

Offset of Federal Benefit Payments to

Collect Past-due, Legally Enforceable

Nontax Debt; Final Rule
71204 Federal Register / Vol. 63, No. 246 /Wednesday, December 23, 1998 /Rules and Regulations

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.

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

§ 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]

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