[Federal Register Volume 62, Number 61 (Monday, March 31, 1997)]
[Notices]
[Pages 15197-15198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8025]


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DEPARTMENT OF LABOR

Office of the Chief Financial Officer


Proposed Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Office of the Chief Financial Officer is soliciting 
comments concerning the proposed extension of Department of Labor 
regulations implementing various provisions of the Debt Collection Act 
of 1982, including Disclosure of Information to Credit Reporting 
Agencies; Administrative Offset; Interest, Penalties and Administrative 
Costs.


[[Page 15198]]


DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before May 30, 1997.
    The Department of Labor is particularly interested in comments 
which:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.

ADDRESSEE: Mark Wolkow, Department of Labor, Room S-4502 Frances 
Perkins Building, 200 Constitution Ave. NW., Washington, DC 20210; 
(202) 219-8184 x123 (phone); (202) 219-4975 (fax); <a href="/cdn-cgi/l/email-protection#cea3b9a1a2a5a1b98eaaa1a2e0a9a1b8"><span class="__cf_email__" data-cfemail="e08d978f8c8b8f97a0848f8cce878f96">[email protected]</span></a> 
(email).

SUPPLEMENTARY INFORMATION:

I. Background

    The Debt Collection Act of 1982 and the Federal Claims Collection 
Standards, as implemented in the Department by 29 CFR part 20, require 
Federal agencies to afford debtors the opportunity to exercise certain 
rights before the agency reports a debt to a credit bureau or makes an 
administrative offset. In the exercise of these rights, the debtor may 
be asked to provide a written explanation of the basis for disputing 
the amount or existence of a debt alleged owed the agency. A debtor may 
also be required to provide asset, income, liability, or other 
information necessary for the agency to determine the debtor's ability 
to repay the debt, including any interest, penalties and administrative 
costs assessed.
    Information provided by the debtor will be evaluated by the agency 
official responsible for collection of the debt in order to reconsider 
his/her initial decision with regard to the existence or amount of the 
debt. Information concerning the debtor's assets, income, liabilities, 
etc., will be used by the agency official responsible for collection of 
the debt to determine whether the agency's action with regard to 
administrative offset or the assessment of interest, administrative 
costs or penalties would create undue financial hardship for the 
debtor, or to determine whether the agency should accept the debtor's 
proposed repayment schedule.
    If a debtor disputes or asks for reconsideration of the agency's 
determination concerning the debt, the debtor will be required to 
provide the information or documentation necessary to state his/her 
case. Presumably, the agency's initial determination would not change 
without the submission of new information.
    Information concerning the debtor's assets, income, liabilities, 
etc., would typically not be available to the agency unless submitted 
by the debtor.

II. Current Actions

    Failure of the agency to request the information described would 
either violate the debtor's rights under the Debt Collection Act of 
1982 or limit the agency's ability to collect outstanding debts.
    If a debtor wishes to appeal an agency action based on undue 
financial hardship, he/she may be asked to submit information on his/
her assets, income, liabilities, or other information considered 
necessary by the agency officials for evaluating the appeal. Use of the 
information will be explained to the debtor when it is requested; 
consent to use the information for the specific purpose will be implied 
from the debtor's submission of the information.
    III. Type of Review: Extension without change.
    IV. Agency: Office of the Chief Financial Officer.
    V. Title: Disclosure of Information to Credit Reporting Agencies; 
Administrative Offset; Interest penalties and Administrative Costs.
    VI. OMB Number: 1225-0030.
    VII. Agency Number: N/A.
    VIII. Affected Public: Individuals or households; businesses or 
other for-profit; not-for-profit institutions; small business or 
organizations; farms; Federal employees.
    IX. Cite/Reference/Form/etc: It is estimated that 10% of the 
individuals and organizations indebted to the Department will contest 
the proposed collection action and will request an administrative 
review and/or appeal an action based on undue financial hardship. In 
some case the debtor will make one request, but not the other. However, 
in most cases, it is expected that the debtor will request both 
actions--first, administrative review of the determination of 
indebtedness, and second, relief because of undue financial hardship.
    Annual burden was estimated based on a review of debtor responses 
to similar requests for information. Debtors typically respond in 1-2 
page letters, supplemented by copies of documents. Letters are most 
often typewritten. Annual burden is based on a 1\3/4\ hour time 
allotment to prepare and type a letter. Debtors will not be asked to 
respond on a form.
    X. Estimated Total Burden Hours: 12,250.

XI. Estimated Total Burden Cost:

    Estimated annual cost to the Federal Government: $734,650.
    Estimated annual cost to the respondents: $239,890.
    Comment submitted in response to this comment request will be 
summarized and/or included in the request for Office of management and 
Budget approval of the information collection request; they will also 
become a matter of public record.

    Dated: March 25, 1997.
Michael N. Griffin,
Acting Deputy Chief Financial Officer.
[FR Doc. 97-8025 Filed 3-28-97; 8:45 am]
BILLING CODE 4510-23-M


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