Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations 64279

showing that he or she does not owe all

or part of the amount of the debt or that

we do not have the right to collect it;

and

(7) The debtor may request an

installment payment plan.

(c) Disputing the information that we

would send to consumer reporting

agencies. If a debtor believes that the

information we propose to send to

consumer reporting agencies is

incorrect, the debtor may ask us to

correct such information. If, within 60

calendar days from the date of our

notice described in paragraph (b) of this

section, the debtor notifies us that any

information to be sent to consumer

reporting agencies is incorrect, we will

not send the information to consumer

reporting agencies until we determine

the correct information.

§ 422.306 Report of overdue administrative

debts to credit reporting agencies.

(a) Debts we will report. We will

report to credit reporting agencies all

overdue administrative debts over $25.

Some examples of administrative debts

are as follows: overpayments of pay and

allowances paid to employees, debts for

civil monetary penalties imposed under

section 1140(b) of the Act, debts for

unpaid fees for reimbursable services

performed by SSA (e.g., disclosures of

information), and contractor debts.

(b) Notice to debtor. Before we report

any administrative debt to a credit

reporting agency, we will send the

debtor written notice of the following:

(1) We have determined that payment

of the debt is overdue;

(2) We will refer the debt to a credit

reporting agency at the expiration of not

less than 60 calendar days after the date

of the notice unless, within that 60-day

period, the debtor pays the full amount

of the debt or takes either of the actions

described in paragraphs (b)(6) or (b)(7)

of this section;

(3) The specific information we will

provide to the credit reporting agency,

including information that identifies the

debtor (e.g., name, address, social

security number, and employer

identification number) and the amount,

status, and history of the debt;

(4) The debtor has the right to a

complete explanation of the debt;

(5) The debtor may dispute the

accuracy of the information to be

provided to the credit reporting agency;

(6) The debtor may request a review

of the debt by giving us evidence

showing that he or she does not owe all

or part of the amount of the debt or that

we do not have the right to collect it;

and

(7) The debtor may request an

installment payment plan.

§ 422.310 Collection of overdue debts by

administrative offset.

(a) Referral to the Department of the

Treasury for offset. We will recover

overdue debts by offsetting Federal

payments due the debtor through the

Treasury Offset Program (TOP). TOP is

a Governmentwide delinquent debt

matching and payment offset process

operated by the Department of the

Treasury, whereby debts owed to the

Federal Government are collected by

offsetting them against Federal

payments owed the debtor.

(b) Debts we will refer. We will refer

for administrative offset all overdue

debts over $25.

(c) Notice to debtor. Before we refer

any debt for collection by administrative

offset, we will send the debtor written

notice that:

(1) We have determined that payment

of the debt is overdue;

(2) We will refer the debt for

administrative offset at the expiration of

not less than 60 calendar days after the

date of the notice unless, within that 60-

day period, the debtor pays the full

amount of the debt or takes either of the

actions described in paragraphs (c)(4) or

(c)(5) of this section;

(3) The debtor may inspect or copy

our records relating to the debt;

(4) The debtor may request a review

of the debt by giving us evidence

showing that the debtor does not owe all

or part of the amount of the debt or that

we do not have the right to collect it;

and

(5) The debtor may request an

installment payment plan.

§ 422.315 Review of our records related to

the debt.

(a) Notification by the debtor. The

debtor may request to inspect or copy

our records related to the debt.

(b) Our response. In response to a

request from the debtor described in

paragraph (a) of this section, we will

notify the debtor of the location and

time at which the debtor may inspect or

copy our records related to the debt. We

may also, at our discretion, mail to the

debtor copies of the records relating to

the debt.

§ 422.317 Review of the debt.

(a) Notification and presentation of

evidence by the debtor. A debtor who

receives a notice described in

§ 422.305(b), § 422.306(b), or

§ 422.310(c) has a right to have us

review the debt. To exercise this right,

within 60 calendar days from the date

of our notice, the debtor must notify us

and give us evidence that he or she does

not owe all or part of the debt or that

we do not have the right to collect it. If

the debtor does not notify us and give

us this evidence within the 60 calendarday period, we may take the action

described in our notice.

(b) Review of the evidence. If the

debtor notifies us and presents evidence

within the 60 calendar-day period

described in paragraph (a) of this

section, we will not take the action

described in our notice unless and until

we consider all of the evidence and

send the debtor our findings that all or

part of the debt is overdue and legally

enforceable.

(c) Findings by SSA. Following our

review of all of the evidence presented,

we will issue written findings,

including the supporting rationale for

the findings. Issuance of these findings

will be the final Agency action on the

debtor’s request for review. If we find

that the debt is not overdue or we do not

have the right to collect it, we will not

send information about the debt to

consumer or other credit reporting

agencies or refer the debt to the

Department of the Treasury for

administrative offset.

[FR Doc. 97–32008 Filed 12–4–97; 8:45 am]

BILLING CODE 4190–29–P

LIBRARY OF CONGRESS

36 CFR Part 701

[Docket No. LOC 98–1]

Assignment of Special Research

Facilities

AGENCY: Library of Congress.

ACTION: Final regulation.

SUMMARY: The Library of Congress

issues this final regulation to revise

Library of Congress Regulation 815–3.

The revised regulation will reflect the

change in availability for assignment of

study shelves, study desks and study

rooms, the renaming of the responsible

division from General Reading Rooms

Division to Humanities and Social

Sciences Division and to the

Congressional Relations Office for study

rooms for Congressional use.

EFFECTIVE DATE: December 5, 1997.

FOR FURTHER INFORMATION CONTACT:

Lana Kay Jones, Acting General

Counsel, Office of the General Counsel,

Library of Congress, Washington, D.C.

20540–1050. Telephone No. (202) 707–

6316.

SUPPLEMENTARY INFORMATION: This

Regulation states the Library’s policy

regarding the assignment of special

research facilities, including study

shelves, desks, and other facilities

designed for the use of scholars
64280 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations

involved in extensive research using

materials from the Library’s collections.

List of Subjects in 36 CFR Part 701

Libraries, Seals and insignias.

Regulation

In consideration of the foregoing the

Library of Congress amends 36 CFR part

701 to read as follows:

PART 701—PROCEDURES AND

SERVICES

1. The authority citation for part 701

will continue to read as follows:

Authority: 2 U.S.C. 136.

2. Section 701.8 is revised to read as

follows:

§ 701.8 Assignment of Special Research

Facilities.

(a) Study Shelves. Individuallyassigned reserve shelves are available

adjacent to several reading rooms for the

use of researchers whose work requires

access to the same materials over an

extended period of time. Shelves are

assigned to applicants for a specific

period through the Research Facilities

Office, Humanities and Social Sciences

Division. Shelves must be renewed at

designated intervals.

(b) Study desks. A limited number of

study desks are available for the use of

researchers engaged in full-time

research projects involving extensive

use of materials requiring larger

amounts of material drawn from the

Library’s collections, more work space,

greater physical security, and/or a more

private environment than might be

possible in a reading room. Study desk

areas shall not be used as a primary

office from which the project

undertaken is operated, nor as a

business location. Study desks are

initially assigned for a period not to

exceed one year, with the assignment

and termination dates determined by

the Head of the Main Reading Room

Section, Humanities and Social

Sciences Division. The assignment of a

study desk beyond the first year may be

made by the Chief of the Humanities

and Social Sciences Division for a

maximum of two years from the first

assignment when there is a

demonstrated need for the continuation

of the assignment. Assignments beyond

two years require an exception to this

part and shall be specifically authorized

by the Associate Librarian for Library

Services. Any researcher who

demonstrates a continuing need for a

facility beyond an expiration date may

reapply, but priority will be given to

applicants on the waiting list who meet

the specific criteria.

(c) Congressional use of study rooms.

Rooms 225A–225E in the James

Madison Building are available for the

exclusive use of Members of Congress

and Committees for official research that

requires use of the Library’s collections

or files in the Congressional Research

Service. Assignment of study rooms

shall be made in accordance with the

Resolution of the Joint Committee on

the Library of September 12, 1959,

which states: ‘‘* * * occupancy of

study rooms assigned to Members

should not be delegated to others than

members of their own office staff who

are paid no less than 20 hours per week

from U.S. Government funds and at a

rate of not less than the minimum salary

of a GS–3 clerk-typist * * *, and that

Members should not request

assignments of rooms for themselves

merely for the purpose of sponsoring the

work of private individuals and nonGovernment groups. * * *’’ Rooms are

assigned for one year or the life of the

project, whichever is less, with the

assignment and termination dates

determined by the Director of the

Congressional Relations Office.

Dated: November 20, 1997.

James H. Billington,

The Librarian of Congress.

[FR Doc. 97–31752 Filed 12–4–97; 8:45 am]

BILLING CODE 1410–04–P

POSTAL SERVICE

39 CFR Parts 262 and 265

Records and Information Management

Definitions and Release of Information

AGENCY: Postal Service.

ACTION: Interim rule.

SUMMARY: The Postal Service is

amending its regulations relating to the

availability of records to the public.

This rule is made necessary by

amendments to the Freedom of

Information Act, made by Public Law

104–231, the ‘‘Electronic Freedom of

Information Act Amendments of 1996.’’

The amendments address the

availability of electronic records, the

creation of a new electronic reading

room, and procedural aspects, such as

time limits, expedited processing,

denial specifications, and reporting

requirements.

DATES: The interim regulations take

effect on December 5, 1997. Comments

must be received on or before January 5,

1998.

ADDRESSES: Written comments may be

mailed or delivered to Freedom of

Information/Privacy Acts Officer,

United States Postal Service, 475

L’Enfant Plaza, SW, Room 8800,

Washington, DC 20260–5243.

FOR FURTHER INFORMATION CONTACT:

Betty Sheriff, (202) 268–2608.

SUPPLEMENTARY INFORMATION: The

Freedom of Information Act (5 U.S.C.

552) was amended on October 2, 1996,

by Public Law 104–231, the ‘‘Electronic

Freedom of Information Act

Amendments of 1996.’’ Consistent with

the amended law, the interim

regulations:

a. Add a new category of reading

room records consisting of any records

processed and disclosed in response to

a FOIA request that the Postal Service

determines have become or are likely to

become the subject of subsequent

requests for substantially the same

records. These and other reading room

records created on or after November 1,

1996 also will be made available

through the Postal Service’s world wide

web home page after November 1, 1997.

b. Define the term ‘‘record’’ to include

electronic records; provide that the

requester may choose the form or format

in which to receive records; and state

that the Postal Service will make

reasonable efforts to search for records

in electronic form or format unless such

efforts would significantly interfere with

the operation of its computer systems.

c. Extend the period for response from

10 to 20 working days as of October 2,

1997; provide for notification of the

requester when that period cannot be

met to arrange for an alternative time

frame or a modified request; and

establish a new procedure for handling

requests for expedited processing.

d. Require the custodian to indicate

on the released portion of a record the

amount of information deleted and to

include in a written response an

estimate of the volume of any records

withheld in full.

e. Change the annual reporting period

from a calendar year to the fiscal year

that, for most of the Executive branch,

begins on October 1, and provide that

those reports will be made available to

the Attorney General and on the Postal

Service’s world wide web page.

Other interim changes update

organizational titles and the schedule of

fees for searching for records by

computer.

The Postal Service has determined to

place the amendments immediately into

effect on an interim basis, because many

of the key provisions implement

statutory changes that take effect by

force of law on October 2, 1997.

Nonetheless, the Postal Service invites

interested persons to submit written

comments concerning the interim rule.