Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations 70405

respect to the referred claim. The CCLR

permits the agency to indicate

specifically any of a number of litigative

activities which the Department of

Justice may pursue, including enforced

collection, judgment lien only, renew

judgment lien only, renew judgment

lien and enforce collection, program

enforcement, foreclosure only, and

foreclosure and deficiency judgment.

(c) Agencies also shall use the CCLR

to refer claims to the Department of

Justice to obtain approval of any

proposals to compromise the claims or

to suspend or terminate agency

collection activity.

§ 904.3 Preservation of evidence.

Referring agencies must take care to

preserve all files and records that may

be needed by the Department of Justice

to prove their claims in court. Agencies

ordinarily should include certified

copies of the documents that form the

basis for the claim in the packages

referring their claims to the Department

of Justice for litigation. Agencies shall

provide originals of such documents

immediately upon request by the

Department of Justice.

§ 904.4 Minimum amount of referrals to the

Department of Justice.

(a) Agencies shall not refer for

litigation claims of less than $2,500,

exclusive of interest, penalties, and

administrative costs, or such other

amount as the Attorney General shall

from time to time prescribe. The

Department of Justice shall promptly

notify referring agencies if the Attorney

General changes this minimum amount.

(b) Agencies shall not refer claims of

less than the minimum amount unless:

(1) Litigation to collect such smaller

claims is important to ensure

compliance with the agency’s policies

or programs;

(2) The claim is being referred solely

for the purpose of securing a judgment

against the debtor, which will be filed

as a lien against the debtor’s property

pursuant to 28 U.S.C. 3201 and returned

to the referring agency for enforcement;

or

(3) The debtor has the clear ability to

pay the claim and the Government

effectively can enforce payment, with

due regard for the exemptions available

to the debtor under state and Federal

law and the judicial remedies available

to the Government.

(c) Agencies should consult with the

Financial Litigation Staff of the

Executive Office for United States

Attorneys in the Department of Justice

prior to referring claims valued at less

than the minimum amount.

Dated: November 6, 2000.

Lawrence H. Summers,

Secretary of the Treasury.

Dated: September 21, 2000.

Janet Reno,

Attorney General of the United States.

[FR Doc. 00–29284 Filed 11–21–00; 8:45 am]

BILLING CODE 4810–35–P; 4410–26–P

GENERAL ACCOUNTING OFFICE

DEPARTMENT OF JUSTICE

4 CFR Chapter II

[A.G. Order No. 2326–2000]

Federal Claims Collection Standards;

Removal of Obsolete Chapter

AGENCIES: General Accounting Office;

Department of Justice.

ACTION: Final rule.

SUMMARY: This final rule removes from

Title 4 of the Code of Federal

Regulations the Federal Claims

Collection Standards (FCCS), which

were issued jointly by the Department of

Justice and the General Accounting

Office (GAO). The GAO no longer has

the statutory authority to issue or

maintain the FCCS.

DATES: This rule is effective December

22, 2000.

FOR FURTHER INFORMATION CONTACT: Tom

Armstrong, General Accounting Office,

(202) 512–8257; or Kathleen A.

Haggerty, Department of Justice, (202)

514–5343.

SUPPLEMENTARY INFORMATION: The FCCS

were promulgated jointly by the

Department of Justice and GAO on

March 9, 1984. 49 FR 8889. The

Comptroller General was removed as a

co-promulgator of the FCCS by section

115(g) of the General Accounting Office

Act of 1996, Public Law 104–316, 110

Stat. 3826 (Oct. 19, 1996). Consequently,

the FCCS are being removed from Title

4 of the Code of Federal Regulations.

The Secretary of the Treasury was

added as a co-promulgator of the FCCS

with the Department of Justice under

section 31001(g)(1)(C) of the Debt

Collection Improvement Act of 1996,

Public Law 104–134, 110 Stat. 1321,

1321–358 (Apr. 26, 1996), as part of the

Omnibus Consolidated Rescissions and

Appropriations Act of 1996. The revised

FCCS, to be published in Title 31 of the

Code of Federal Regulations, will be

administered jointly by the Department

of Justice and the Department of the

Treasury. A final rule establishing a

revised FCCS is being published

elsewhere in this issue of the Federal

Register.

Regulatory Analysis

Administrative Procedure Act

(5 U.S.C. 553)

This rule is a rule of agency

organization and is therefore exempt

from the notice requirement of 5 U.S.C.

553(b), and is made effective upon

issuance.

Regulatory Flexibility Act

It is hereby certified that this

regulation will not have a significant

economic impact on a substantial

number of small entities. Accordingly, a

Regulatory Flexibility Analysis is not

required.

Executive Order 13132

This regulation will not have a

substantial direct effect on the states, on

the relationship between the national

government and the states, or on

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 13132,

it is determined that this regulation does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Unfunded Mandates Reform Act of 1995

This regulation will not result in the

expenditure by state, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 251 of the Small

Business Regulatory Enforcement Act. 5

U.S.C. 804. This rule will not result in

an annual effect on the economy of $100

million or more; a major increase in

costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic or export

markets.

Executive Order 12866

This action has been drafted and

reviewed in accordance with Executive

Order 12866, ‘‘Regulatory Planning and

Review,’’ section 1(b), Principles of

Regulation. This rule is limited to

agency organization and management as

described by Executive Order 12866

section 3(d)(3) and, therefore, is not a

70406 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

‘‘regulation’’ or ‘‘rule’’ as defined by this

Executive Order. Accordingly, this

action has not been reviewed by the

Office of Management and Budget.

Congressional Review Act

This action pertains to agency

management and organization and does

not substantially affect the rights or

obligations of non-agency parties and,

accordingly, is not a ‘‘rule’’ as that term

is used by the Congressional Review Act

(Subtitle E of the Small Business

Regulatory Enforcement Fairness Act of

1996). Therefore, the reporting

requirement of 5 U.S.C. 801 does not

apply.

List of Subjects in 4 CFR Chapter II

Claims.

4 CFR CHAPTER II—[REMOVED]

For the reasons set out in the

preamble, and under the authority of 31

U.S.C. 3711, the Federal Claims

Collection Standards, chapter II of title

4, Code of Federal Regulations,

consisting of parts 101 through 105, is

removed.

Dated: November 8, 2000.

David M. Walker,

Comptroller General.

Janet Reno,

Attorney General.

[FR Doc. 00–29282 Filed 11–21–00; 8:45 am]

BILLING CODE 4810–26–P