ML20005E492
| ML20005E492 | |
| Person / Time | |
|---|---|
| Issue date: | 05/27/1988 |
| From: | Mcdonald W NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Chilk S, Connelly S, Parler W NRC OFFICE OF INSPECTOR & AUDITOR (OIA), NRC OFFICE OF THE GENERAL COUNSEL (OGC), NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20005E490 | List: |
| References | |
| FRN-53FR39480, RULE-PR-15 AC87-1-02, AC87-1-2, NUDOCS 9001080021 | |
| Download: ML20005E492 (38) | |
Text
AC87-1 PDR
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j VAY 27 188 l
MEMORANDUM FOR: Those on Attached List FROM:
William G. Mcdonald, Director Office of Administration and Resources Management
SUBJECT:
PROPOSED REGULATIONS--DEBT COLLECTION PROCEDURES Attached for your rev'iew and concurrence is a package to be transmitted to the Executive Director for Operations requesting his approval to l
i publish a proposed rule _in the Federal Resister that amends Part 15 c
of the Code of Federal of Title 10 (" Debt Collection Procedures")A to the attached trans-Regulations. The first page of Enclosure l.
mittal memorandum susuarizes the proposed amendment to Part 16.
Appropriate changes to NRC Manual Chapters will be made at such time as the proposed regulations are issued as a final rule.
Due to the limited impact of these regulations on NRC offices, please l
furnish causents within fifteen (15) calendar days from the data of this memorandum. Your concurrence will be assumed if no comments l
are received.
William G. Mcdonald, Director
'j 9001000021 891229 Office of A hinistration and PDR PR
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15 53FR394BO:
PDR -
Resources Management l
Attachment:
As stated CONTACT:
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Edward Greenberg 1
492-8773 bec: ;taDJohnson, ARM /DAF ARM /FMC R/F EGreenberg, ARM /DAF WGMcDonald, ARM
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I Multiple Addressees - Memorandum dated i
Sharon R. Connelly, Director, Office of Inspector and Auditor Samuel J. Chilk, Secretary of the Commission i
William C. Parler, General Counsel Harold R. Denton, Director. Office of Governmental and Public Affairs Ber 9. Hayes, Director, Office of Investigations Victor Stello, Jr., Executive Director for Operations James M. Taylor, Deputy Executive Director for Regional Operations i
and Acting Deputy Executive Director for Operations Stewart D. Ibneter, Director Office of Special Projects Michael L. Springer, Director, Office of Consolidation James Lieberman, Director, Office of Enforcement Paul E. Bird, Director, Office of Personnel Edward L. Jordan, Director Office for Analysis and Evaluation of Operational Data j
William B. Kerr, Director, Office of Small and Disadvantaged Business Utilization and Civil Rights Hugh L. Thompson, Jr., Director, Office of Nticlear Material Safety and Safeguards Eric S. Beckjord, Director Office of Nuclear Regulatory Research j
Thomas E. Murley, Director, Office of Nuclear Reactor Regulation B. Paul Cotter, Jr., Chief Administrative Judge, Atomic Safety and Licensing Board Panel Alan S. Rosenthal, Chaiman, Atomic Safety and Licensing Appeal Panel William Kerr, Chairman, Advisory Committee on Reactor Safeguards William T. Russell, Regional Administrator, Region !
J. Nelson Grace, Regional A&ninistrator, Region II A. Bert Davis, Regional Administrator, Region III Robert D. Martin, Regional Administrator, Region IV John B. Martin, Regional Administrator, Region V 4
G
i MEMORANDUM FOR:
Victor Stello, Jr.
Executive Director Fnr Operations FROM:
William G. Mcdonald, Director Office of Administration &
Resources Management
SUBJECT:
DEBT COLLECTION PROCEDURES Attached for your signature is a proposed rule to be published in the Federal Register that amends 10 CFR 15. " Debt Collection Procedures." The proposed amendment is necessary to conform NRC regulations to the amended procedures con-tained in the Federal claims Collection Standards issued by the General Account-ing Office and the Department of Ju'stice.
Backaround: On February 22, 1982 (47 FR 7616) the NRC published a final rule concerning debt collection procedures.
Since then, the Debt Collection Act of 1982 (Pub. L.97-365) was enacted on October 25, 1982 which revised the Federal Claims Collection Act of 1966 (31 U.S.C. 3701).
i On March 9, 1984 (49 FR 8889), the General Accounting Office and the Department of Justice issued a final rule amending the Federal Claims Collection Standards as set out in 4 CFR Parts 101-105.
The proposed rule implements the Federal Claims Collection Act as amended by the Debt Collection Act and supplements the amendments to the Federal Claims
. Collection Standards.
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Public Comments:
Consideration will be given to public comments made on the proposed rule as long as such comments are received within 45 days after the proposed rule is published in the Federal Register.
Comments received after this period will be considered if it is practical to do so.
05/17/88 MEMO FOR 10 CFR 15
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Victor Stello, Jr.
2 Environmental Assessment:
The staff has determined that the rule will not have a significant effect on the quality of the human environment (Enclosure B).
Backfit Analysis:
The staff has determined that a backfit analysis is not j
required for this rule because these amendments do not involve any provisions
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which would impose backfits as defined in 10 CFR 50.109(a)(1).
j Notices:
A notice to the Comission that the EDO has signed this proposed rule
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is enclosed for inclusjon in the next Weekly Report to the Commission (Enclo-
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sure C)~.
The appropriate Congressional Comittees will be notified (Enclosure B).
Coordination:
All headquarters and regionalr ffices concur.in the proposed o
rule.
P William G. Mcdonald, Director Office of Administration &
i Resources Management
Enclosures:
A.
Federal Register Notice of Proposed Rule Making B.
Environmental Assessment and Finding of No Significant Impact C.
Draft Congressional Letter D.
Draft Item for Weekly Report to the Commission 05/17/88 MEMO FOR 10 CFR 15 g
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[7590-01]
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OBfT I
NUCLEAR REGULATORY Co m ISSION l
10 CFR Part 15 Debt Collection Procedures t
i AGENCY:
Nuclear Regulatory Commission ACTION:
Proposed rule.
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SUMMARY
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations concerning the procedures'that the NRC uses to collect the debts which are owed to it.
The proposed amendment is necessary to con-i i
form NRC regulations to the amended procedures contained in the Federal Claims Collection Standards issued by the General Accounting Office (GA0) and the Department of Justice (DOJ),
The proposed action is intended to allow the NRC to further improve its collection of debts due the United States.
1 DATE:
Submit comments by 1988.
Comments re-ceived after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments re-ceived on or before this date.
i' ADDRESSES:
Send comments to:
Secretary, U.S. Nuclear Regulatory Commis-l l
sion, Washington, DC 20555, Attention:
Docketing and Service Branch.
05/17/88 1
Enclosure A J
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Hand deliver comments to:
11555 Rockville Pike, One White Flint l
North, Rockville, Maryland, between 7:45 am and 4:15 pm.
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Examine comments received at:
The NRC Public Document Room, 1717 H Street NW, Washington, DC 20555.
i f0R FURTHER INFORMATION CONTACT:
Graham D. Johnson, Director, Division
.of Accounting'and Finance, Office of Administration and Resources Manage-ment, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-7535. -
SUPPLEMENTARY INFORMATION:
On Februar9 22,1982 (47 FR 7616), the Nuclear Regulatory Commission (NRC) publishid a final rule concerning debt col-lection procedures.
Since then, the Debt Collection Act of 1982 (Pub. L.
t 97-365) was enacted on October 25, 1982 which revised the Federal Claims Collection Act of 1966 (31 U.S.C. 3701).
On March 9, 1984 (49 FR 8889),
the General Accounting Office and the Department of Justice issued a final rule amending the Federal Claims Collection Standards as set out in 4 CFR Parts 101-105.
The NRC regulations are based on the requirements contained in the Federal Claims Collection Strcards.
1 The proposed revision to 10 CFR Part 15 provides procedures for the Nuclear Regulatory Commission to collect, compromise, or terminate col-lection action on claims owed to the United States Government arising from activities under NRC jurisdiction.
The proposed provisien implements l
the Federal Claims Collection Act as a.nended by the Debt Collection-Act
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and supplements the amendments to the Federal Claims Collection Standards.
05/17/88 2
Enclosure A
[7590-01]
SECTION BY SECTION ANALYSIS Section 15.1 Application.
This section is being revised to make it clear that Part 15 prescribes NRC procedures for collecting, compromising, terminating and referring claims to the General Accounting Office and the Department of Justice and conform to Pub. L.99-224.
Pa.ragraph (b)(1) is being modified to conform to the provisions of Pub. L.99-224, dated December 28, 1985, which amended 5 U.S.C. 5584, 10 i
U.S.C. 2774 and 32 U.S.C. 716 by authorizing waivers of erroneous payments of travel, transportation and relocatien expenses and allowances.
Anewparagraph(b)(2)isbeing$dhedtoindicatethatcivilpenalties i
and fees imposed under 10 CFR 2.205 and Parts 170 and 171 are subject to the collection procedures and standards of Part 15.
Section 15.2 Definitions.
This new section is being added to provide definitions for the terms
" administrative offset", " claim and debt", " delinquent debt", " license", and
" payment in full" as they are used in this part and 4 CFR Parts 101-105.
1 Section 15.3 Communications.
This section is being revised by correcting the Commission's address for communications concerning the regulations in 10 CFR Part 15.
L Section 15.5 Claims that are covered.
l This section is being revised to note that the provisions of 10 CFR Part 15 apply to civil penalties assessed by the NRC under 10 CFR 2.205 but not to claims.between Federal agencies.
05/17/88 3
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l Section 15.7 Monetary limitation on NRC's authority.
The statutory citation in this section is being corrected to road 31 U.S.C. 3711(b).
Paragraph (b) is being modified to include " penalties, and administrative costs" with the exclusion of interest from the $20,000 limitation on the NRC's compromise authority.
Section 15.9 Omnissions not a defense.
I This section is being modified to include the citation for the Federal Claims Collection Standards.
Section 15.13 Subdivision of claims. r A cross reference to the statutory and regulatory authority for this section is being added, i
Section 15.21 Written demands for payment.
t Paragraph (a)(1) is being modified to include notice to the debtors of their right to seek review within the agency.
Paragraph (4) is being modified to indicate the date of mailing or hand delivery as the date on which payment is to be made under normal circusstances, consistent with 4 I
CFR Part 102.
Paragraph (5) is being modified to include penalties and administrative costs of collection in'the demand for payment.
Minor editorial changes are made to paragraph (b), including the addition of possible reporting of delinquent debt to consumer repoiting agencies.
Section 15.25 Personal interviews.
l This section is being modified to make such interviews discretionary 05/17/88 4
Enclosure A
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4
[7590-01) on the part of the NRC under paragraph (a) while maintaining a requirement i
to grant an interview to the debtor, if requested, under paragraph (b).
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Section 15.26 Use of consumer reporting agencies.
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A new section is being edded to provide for the reporting of delin-quant debts to consumer reporting agencies, notifying debtors of these actions, reporting debt status changes to debtcrs, and limiting the in-l fomation which the NRC may provide to consumer reporting agencies.
Section 15.29 Suspension or revocation of license.
This section is being modified torcorrespond more closely to the terminology used in 4 CFR Parts 101'-l'05 as well as to provide for the circumstances which will lead to reinstatement of a revoked license.
Section 15.31 Disputed debts.
i This section is being r.isdified to correspond more closely to the terminology used in 4 CFR Parts 101-105.
Section 15.32 Contractino for collection services.
This new section is addad to provide for NRC action to collect a debt by means of a commercial collsetion agency, as authorized by 4 CFR 102.6.
With the inclusion of this n u section, S 15.63 is being removed from P
Subpart E'cf this part.
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Section 15.33 Collection by administrative offset.
This'section u being modified to disclose the 10 year limitation on the NRC's' authority to initiate an administrative offset.
If the payment l
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Enclosure A 1
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7590-01) l l
of fees to the NRC is deferred, the ten years will run from the end of the deferral period or any other period the NRC subsequently establishes.
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Paragraph (b) of this section is being changed to make it consistent
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1 o ts the provisions in 4 CFR Parts 102.2, 102.3, and 102.4 Provisions 4
are added to establish the debtor's procedural rights, to provide for seek-
)
ing offset from other Government agencies when they have funds due the debtor, to provide for NRC acceptance of a repayment agreement in lieu of l
an offset, and to establish other limitations on the use of administrative offset in the collection of debts owed the NRC.
l Section 15.35 Payments.
T I
Language is being added to this section to clarify that charges for interest, penalties, and administrative costs will be assessed on delin-quent payments paid in full in one lump sum.
In addition, language is being added to explain how an installment agreement will be instituted and applied to a debt. The significant additions are a provision for accelerated payment in the event the debtor defaults on an installment agreement and an indication that the NRC will comply with the debtor's instructions in the application of payments when more than one debt is involved. However, if the debtor does designate the application of pay-ments, the NRC will apply the payments in the best interest of the United States.
Section 15.37 Interest, penalties, and administrative costs.
This section is changed substantially by revising its title and adding the following new paragraphs:
AC /1'? too
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Paragraph (e) provides that the NRC will assess against the debtor the costs of administrative 1y handling a delinquent debt.
Paragraph (f) codifies the current NRC practice of assessing a penalty charge in the amount of 6 percent per annum a debt that is delinquent for more than 90 days.
This charge accrues from the date tha's the debt became delinquent.
Thus, both interest and penalties are calculated from the same initial date.
Paragraph (g) provides that payments will be applied first to out-l standing penalty"and administrative charges, then to interest, and finally to the principal.
Paragraph (h) codifies current NRC practice of waiving interest for debtspaidwithin30daysofthe'duedake.
This waiver may be extended at the discretion of the NRC for good cause shown on a cave-by-case basis.
i Section 15.41 When a claim may be compromisad The opening sentence of this section is being changed for clarifica-tion purposes only.
Section 15.43 Reasons for compromisina a claim.
This section is being modified to bring it into conformity with 4 CFR Part 103.
Paragraph (c) is changed to indicate the standard of enforced collection costs in accordance with 4 CFR 103.4 rather than as currently stated.
Paragraph (d) is being divided to set out separately in a new paragrrph (e) the requirement for an enforceable agreement of installment payments under a compromise of a claim.
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I Section 15.45 Restrictions on the compromise of a claim.
The opening sentence of this section is being changed for clarifica-tion purposes only.
Section 15.51 When collection action may be suspended or terminated.
This section is being modified to indicate the exclusion of interest, penalties, and administrative costs from the monetary limitation on when the NRC may suspend or terminate collection action.
Section 15.61 Prompt referral.
Paragraph (a) is being modified to' delete the reference to a private i
=f collection agency which is now to be addressed in the new 6 15.32 discussed above.
A one year referral requirement is codified for NRC action after final determination of the fact and the amount owed to the NRC.
A new paragraph (b) is being added to provide for NRC referral to GAO of questions concerning acceptance of a proposed compromise, suspension, or termination of collection actions in order to obtain GAO's advice on the matter in question.
The current paragraph (b) will be redesignated as paragraph (c).
A new paragraph (d) is being added to reflect the fact that once a referral has been made to GAO or the 00J, the NRC will refrain from any contact with the debtor and will immediately advise GAO or the 00J of any payments made by the debtor.
Section 15.63 Referral of a claim to private agencies for collection.
This section is being deleted both because of the new $15.32 which addressed these action), and because these collection actions are not a 05/17/88 8
Enclosure A
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[7590-01) referral in the truest sense, but rather reflect a different form of col-i lection action by the NRC using other means.
Section 15.67 Referral to the Department of Justice.
A new paragraph (a) is being added to indicate the threshhold for determining to whom the NRC will refer a claim for enforced collection, i.e., the 00J or the appropriate U.S. Attorney.
The current paragraphs (a) and (b) are being redesignated as paragraphs (b) and (c), respectively.
A new paragraph (d) is being added to indicate that the NRC aust make
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its referrals in accordance with the guidance in 4 CFR 105.2 and that pertinent evidence will be preserved.
r:
Finding of No Significant Environmental Impact:
Availability I
The Commission has determined, under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Sub-part A of 10 CFR Part 51, that this rule, if adopted, would not be a Y
major Federal action significantly affecting the quality of the human environment and therefore an environmental statement is not required.
Amending the procedures that the Commission uses to collect the debts which are owed to it will have no radiological environmental impact off-site and no impact on occupational radiation exposure onsite.
The Amend-ment does not affect nonradiological plant effluents and has no other environmental impact.
The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room,1717 H Street NW, Washington, DC.
05/17/88 9
Enclosure A
[7590-01) i i
Paperwork Reduction Act Statement t
This proposed rule contains no information collection requirements and i
therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
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Regulatory Analysis This proposed rule will bring NRC debt collection procedures into conformance with' current statutory and regulatory guidance and require-ments and, as such, does not have significant impacts on state and local governmentsandgeographical, regions,Jkeal'th, safety,andtheenvironment; nor does it represent substantial costs to licensees, the NRC, or other Federal agencies.. This constitutes the regulatory analysis for this pro-posed rule.
Regulatory Flexibility Certification i
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b),
the Commission certifies that this rule, if adopted, will not have a sig-nificant economic impact on'a substantial number of small entities. Any impact on a small entity which might occur will result solely from the acts or omissions of the small entity concerned because of its failure to pay a valid debt to the NRC.
As a result, a regulatory flexibility analy-sis has not been prepared.
05/17/88 10 Enclosure A
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[7590-01) i i
Backfit Analysis The Commission has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule, and therefore, that a backfit analy-sis is not required for this proposed rule because these amendments do e
not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a)(1).
ListofSubjectsin10CFRPart15 Administrativepracticeandppocedure,Debtcollection.
t For the reasons set out in the preamble and under authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the Federal Claims Collection Act of 19 % as amended, and 5 U.S.C. 552 and 553, the NRC is proposing to adopt W;r following amendments to 10 CFR Part 15.
PART 15 -- DEBT COLLECTION PROCEDURES 1.
The authority section for Part 15 is revised to read as follows:
AUTHORITY:
Secs, 161, 186, 68 Stat.
948, 955, as amended (42 U.S.C. 2201, 2236); sec. 201 88 Stat. 1242, as amended (42 U.S.C.
5841); sec. 3, Fub. L.89-508, 80 Stat. 308, as amended (31 U.S.C. 3711, 3717, 3718); sec. 1, Pub. L.97-258, 96 Stat.
05/17/88 11 Enclosure A
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i 972 (31 U.S.C. 3713); sec. 5. Pub. L.89-508, 80 Stat. 308, as i
amended (31 U.S.C.
3716); Pub. L.97-365, 96 Stat. 1749 (31 U.S.C. 3701-3719); Federal Claims Collection Standards, 4 CFR Parts 101-105.
i 2.
Section 15.1 is amended by revising paragraphs (a) and (b)(1), redesignating paragraph (b)(2) as paragraph (b)(3), and adding a new paragraph (b)(2) to read as follows:
i
$ 15.1 Application.
(a) Thispartappliestoclaimsforthepaymentofdebts owed to the United States Government an'd, unless a different procedure is specified in a statute, regulation, or contract, prescribes procedures by which the NRC --
(1) Collects, compromises, suspends, and terminates collection actions for claims; l
(2) Determines and collects interest and other charges on these claims; and (3) Refers unpaid claims to the teneral Accounting Office and the Department of Justice for litigation.
(b)
(1) A claim against an employee for erroneous payment of pay and allowances subject to waiver under 5 U.S.C. 5584 (2) A claim against an applicant for or a holder or.former holder of an NRC license involving the payment of civil penalties and fees im-posed by the NRC under 10 CFR 2.205, Part 170 and Part 171.
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3.
Section 15.2 is added to read as follows:
$ 15.2 Definitions.
" Administrative offset" means a procedure by which monies otherwise due the debtor from the United States Government are used to offset or
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satisfy a portion or all of a debt or claim of the United States Government against the debtor.
" Claim" and"" debt" are used synonymously and interchangeably for the purposes of this part.
These terms refer to money or property which has been detemined by an appropriate NRC official to be owed to the United Statesbyanyperson,organitation.orintity,exceptanotherFederal agency.
" Delinquent debt" means a debt which has not been paid by the date on which the initial written demand for payment is first mailed or hand de-I livered to the debtor or as otherwise established by Federal statute, regulations, or applicable contractual agreement with the NRC unless other satisfactory payment arrangements have been made by that date.
If the debtor fails to satisfy obligations under a payment agreement with the NRC after other payment arrangements have been made, the debt becomes a delinquent debt.
" License" means any license, permit, or other approval issued by the Commission.
" Payment in full" means payment of the total debt due the United States, including any interest, penalty, and administrative costs of collection assessed against the debt.
4.
Section,15.3 is revised to read as follows:
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S 15.3 Communications.
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Unless otherwise specified, all communications concerning the regu-lations in this part should be addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington DC 20555, ATTN: Docketing and Service Branch.
Communications may be delivered in person at the Commission's offices at 11555 Rockville Pike One White Flint North, Rockville,
.t!aryland 20852.
5.
Section 15.5 is amended by revising paragraph (b)(1) to read as follows:
i S 15.5 Claims that are covered r
a r
(b)
(1)- Claims between Federal agencies.
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6.
In i 15.7, the introductory paragraph and (b) are revised to read as follows:
S 15.7 Monetary limitation on NRC's authority, i
1 The NRC's authority to compromise a claim or to terminate or suspend l
collection action on a claim covered by these procedures is limited by 31 L
U.S.C. 3711(a) to claims that --
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(b) Do not exceed $20,000, exclusive of interest, penalties, and administrative costs (the monetary limitation).
7.
Section 15.9 is amended by revising paragraph (a) to read as l
follows:
1.
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[7590-01) i 6 15.9 Omissions not a defense.
I (a) The failure of the NRC to include in this part any provision
.i of the Federal Claims Collection Standards, 4 CFR Parts 101-105, does t
not prevent the NRC from applying these provisions.
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.Section 15.13 is revised to read as follows:
6 15.13 Subdivision of claims.
The NRC shall consider a debtor's liability arising from a particular transaction or contract as a single claim in determining whether the citie is less than the monetary limitation f6r the purpose of compromising or suspending or terminating collection action.
A claim may not be subdivided to avoid the monetary limitation established by 31 U.S.C. 3711(a)(2) and
$15.7.
9.
The heading of Subpart B is revised to read as follows:
Subpart B -- Administration Collection of Claims 10.
In 6 15.21, paragraphs (b)(3)(iii), (iv), and (v) are redesig-nated as paragraphs (b)(3)(iv), (v), and (vi), respectively; paragraphs (a)(1), (a)(4), (a)(5), and (a)(6), the introductory text of paragraph (b),
and paragraph (b)(2) are revised; and a new paragraph (b)(3)(iii) is added to read as follows:
S 15.21 Written demands for payment.
(a)
(1) The basis of the indebtedness and the right of the debtor to seek review within the NRC;
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(4) The date on which payment is to be made (This date is normally
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the date the initial written demand letter statement was mailed or hand delivered, unless otherwise epecified by contractual agreement, established by Federal statute or regulatlon, or agreed to under a payment agreement);
(5) The applicable stan.1ards for assessing interests, penalties, and administrative costs undar 4 CFR 102.13.
f (6) The applicable policy for reporting the delinquent debt to cor.;umer reportiog agencies.
(b) Unless a debtor is a current NRC employee or subject to a civil penalty, the NRC shall normally send three progressively stronger written demands at not more than 30-day intervaIs, unless circumstances indicate e
that alternative remedies better protect the Government's interest, that.
the debtor has explicitly refused to pay, or that sending a further demand l
is futile.
Depending upon the circumstances of the particular case, the second and third demands may--
R R
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i (2) State the amount of the interest and penalties that will be added on a daily basis as well as the administrative costs that will be added to the debt until the debt is paid; and (3) *
(iii) Possible reporting of the delinquent debt to consumer report-ing agencies in accordance with the guidance and standards contained in 4 CFR 102.5 and the NRC procedures set forth in S 15.26; i
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In s 15.25, the introductory text of paragraph (a) is revised to read as follows:
9 05/17/88 16 Faclatura A
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S15.25 Personal interviews.
(a) The NRC may seek an interview with the debtor at the office of i
the NRC when--
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A new $ 15.26 is added to read as follows-
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i i 15.26 Use of consumer reporting agencies.
(a) The NRC may take the action specified in paragraph (b) of this section when a debtor has not--
(1) Paid or agreed to pay the debt under a written payment plan l
that has been signed by the debtor and agreed to by the NRC; or (2) Filed for review of,the debt'.C
-(b) When a debt has been delinquent for 90 days, in addition to as-l sessing interest, penalties, and administrative costs under i 15.37, the NRC may include a notification in the third written demand (see $ 15.21(b))
to the individual debtor stating--
(1) That the payment of the debt is delinquent; (2) That, within not less than 60 days after the date of the notice, the NRC intends to disclose to a consumer reporting agency that the individual debtor is responsible for the debt; (3) The specific information to be disclosed to the consumer report-
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ing agency; and (4) That the debtor has a right to a complete explanation of the
- debt (if that has not already been given), to dispute information in NRC records about the debt, and to administrative appeal or review of the debt.
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(c)
If there is a substantial change in the condition or amount of the debt, the NRC shall (1) Disclose promptly that fact (s) to each consumer reporting agency l
to which the original disclosure was made; (2) Verify or correct promptly information about a debt on request of a consumer reporting agency for verification of information disclosed 5
by the NRC; and, (3) Obtain assurances from the consumer reporting agency that the agency is complying with all applicable Federal, state and local laws relating to its use of consumer credit information.
(d) The information the NRC discloses to the consumer reporting agency is Itmited to--
(1) Information necessary to establish the identity of the indivi-dual debtor, including name and address; (2) The amount, status, and history of the debt; and (3) The NRC activity under which the debt arose.
(e) The NRC shall send demand letters informing a debtor of NRC's intent to disclose information to a consumer reporting agency to the debtor by either registered or certified mail.
L 13.
Section 15.29 is revised to read as follows:
l t
i 15.29 Suspension or revocation of license.
\\
The NRC may suspend or revoke any license or other privilege which the NRC has granted to the debtor for any delinquent debt.
Before suspend-ing or revoking any license for failure to pay a debt, the NRC shall issue to the debtor an order to show cause (by either registered or certified 05/17/88 18 Enclosure A
e 1
(
i (7590-01) mail) why the license or other privilege should not be suspended or re-f voked. The NRC shall allow the debtor no more than 30 days to pay the l
debt in full, including applicable interest, penalties, and administr'ntive I
costs of collection of the delinquent debt.
The NRC may revoke the license at the end of this period.
If a license is revoked under authority of this part, a new application, with appropriate fees, must be made to the i
NRC.
The NRC may not consider an application unless all previous delin-quent debts of the debtor to the NRC have been paid in full.
14.
In S 15.31, paragraphs (a) and (b) are revised to read as follows:
i
{'
s S 15.31 Disputed debts.
(a) A debtor who disputes a debt shall explain why the debt is in-correct in fact or in law within 30 days from the date that the initial demand letter was mailed or hand-delivered.
The debtor may support the explanation by affidavits, cancelled checks, or other relevant evidence.
(b) If the debtor's arguments appear to have merit, the NRC may extend the interest waiver period as described in S 15.37 (d) pending a final determination of the existence or amount of the debt, t
15.
Section 15.32 is added to read as follows:
S 15.32 Contracting for collection services.
The NRC has the authority to contract for collection services in order to recover delinquent debts. When appropriate, the NRC shall con-tract for collection services in accordance with the guidance and stan-dards contained in 4 CFR 102.6.
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W' 16.
In S 15.33, paragraph (c) is. removed, paragraph (d) is redesignated j
as paragraph (c); and paragraph (a) ahd the introductory text of para-graph-(b) and paragraphs (b)(2), (b)(3), and (b)(4) are revised; and para-graphs (b)(5) and (b)(6) are added to read as follows:
N 15.33 Collection by administrative offset.
(a) The NRC may administrative!y undertake collection by offset on each claim which'is liquidated or certain in amount in accordance with tLe -
guidance and standards contained in 4 CFR Parts 102.2, 102.3, and 102.4.
l:
The NRC may not initiate administrative offset to collect a debt more than-l.
10 years after the Government's right to the debt first accrued, unless factsmaterialtotheGovernment'sridhktocollectthedebtwerenotknown and could not reasonably have been known to th.a NRC, or collection of fees has been deferred under other provision of this chapter.
In the 12tter s
case, the ten-year period begins to run at the end of the deferral period.
(b) The following procedures apply when the NRC seeks to collect a debt by offset against accrued pay, compensation, accrued benefits or the amount of retirement credit due to a present or former Government employee or against the assets of a licensee, p.
M N
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(2) Before the offset is made, the NRC chall provide the debtor with a written notice of the nature and amount of the debt and-(i)
Notice of the NRC's intention to collect the debt by offset';
l (ii) An opportunity +n inspect and copy NRC records pertaining to the debt; (iii) An opportunity to request reconsideration of the debt by the i
NRC or, if provided for by statute, waiver of the debt; 05/17/88-90-ca - 1 ~ "- a m
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(iv) An opportunity to enter into.a written agreement with the NRC to repay or pay the debt, as the case may ve; (v) An explanation of the debtor's rights ander this subpart; end 3_
_ vi)- An_ opportunity for a hearing in accordance with the provisions
(
4 of 4 CFR Part 102.3(c)- of the Federal Claims Collection Standards.
(3)
Tf the NRC learns that other agencies of the Federal government are holding funds payable to the debtor, the NRC shall. provide the other agencies with documentation of the debt owed to the NRC and request that
' funds due the delitor, and necessary to offset the debt to the NRC, be transferred to the NRC.
(4)-TheNRCmayacceptarepayme5torpaymentagreement,asappro-priate, ~ in lieu of offset, but wili d$'so only after balancing.the Govern-ment's interest in collecting the debt against fairness to the debtor.
If the debt is delinquent and the debtor has not disputed its existence or amount, the NRC may accept a repayment or payment agreement in lieu of' offset only if the debtor is able to establish under sworn affidavit that offset would result in undue financial hardship or would be against equity and good conscience.
(5)
Administrative offset is not authorized with respect to-(i) Debts owed by any Ste.te or local Government; or (11) Any case'in which collection of the type of debt involved by administrative offset is explicitly provided for or prohibited by another statuta.
(6) The NRC reserves the right to take any other action in respect to offset as is parmitted under 4 CFR 102.3.
05/17/A8 M
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9
- 17..Section 15.35 is amended by revising paragraphs (a) and (b) to read as follows:
6 15.35 Payments.
(a) Payment in full.
The NRC shall make every effort to collect a claim in full before it becomes delinquent.
If a claim is paid in one lump sus after it becomes delinquent, the NRC shall impose charges for intaiest, penalties, and administrative costs as specified in 6 15.37..
(b) Payment in installments.
If a debtor furnishes satisfactory evidence of inability to pay a claim in one lump sum, payment in regular installments may be arranged.
Evidence may consist of a financial state-
.r ment or a signad. statement that'the~d'obtor's application for a loan to.
enable tha debtor to pay the claim in full was rejected.
Except for a claim described at 5 U.S.C. 5514, all installment payment arrangements-must be in writing and require the payment of interest.
(1) Installment note forms, including confess-judgment notes,.may be used.
The written installment agreement must contain a provision accelerating the debt payment in the event the debtor defaults.
If the debtor's financu.i statement discloses the ownership of assets which are free rad clear of liens or security interests, or assets in which the debtor owns an 6, ity, the debtor may be asked to secure the payment of an installment note by executing a Security Agreement and Financing State-ment transferring to the United States a security interest in the assets until the debt is discharged.
(2)
If the debtor owes more than or,s: debt atJ designates how a voluntary installment payment is to be applied among those debts, the NRC shall follow that designation.
If the debtor does not designate the t
05/17/88
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[7590-01]
application of the payment, the NRC shall apply the payment to the various debts in accordance with the best interests of the United States, as 1
determined by the facts and circumstances of the particular case.
I 2
't 18.
Section 15.37 is revised to read as follows:
$ 15.37 Interest. penalties, and administrative costs.
o!'
(a) The NRC shall assess interest, penalties, and administrative costs on debts owed to the United States Government in accordance with the guidance provided under the Federal Claims Collection Standards, 4 CFR Part 102.13 unless otherwise directed by statute,.egulation, or contract.
(b) Before assessing any charges on delinquent debts, the NRC shall mail or hand-deliver a written notice to the debtor explaining its re-quirements concerning these charges under 4 CFR Parts 102.2 and 102.13.
(c) Interest begins to accrue from the date on which the initial written demand, advising the debtor of the interest requirements, is first mailed or hand delivered to the debtor unless a different date is specified in a stetute, regulation, or contract.
(d) The NRC shall waive collection of interest on the debt or any portion of the debt which is paid in full within 30 days after the date-on which interest began to accrue.
The NRC may waive interest during the pariod a disputed debt, under S 15.31, is under investigation or review by the NRC.
Mcwever, this waiver is not automatic and must be requested before the expiration of the initial 30-day waiver period.
The NRC may grant such an additional waiver only when it finds merit in the claim of the debtor as submitted under 6 15.31.
05/17/88:
23 Enclosure A
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(e)- The NRC shall assess interest based upon the rate of the current value of. funds to the United States Treasury (the Treasury tax and loan account rate) prescribed for the current quarter and published in the Federal Register and the Treasury Financial Manual Bulletins, unless a different rate is prescribed by statute, regulation, or contract.
'(f) The NRC may assess against a debtor charges to cover administra-tive costs incurred as a result of a delinquent debt.
Administrative costs may include costs incurred in obtaining a credit report or in using a private debt collector, to the extent they are attrib'utable to the delinquency.
(g) The NRC shall assess a penalfy charge of 6 percent a year on any portionofadebtthatisdel.inq0en'tfokmorethan90 days.
The charge
~
accrues retroactively to the date that the debt became delinquent.
L (h) Amounts received by the NRC as partial or installment payments l
are applied first to' outstanding penalty and admiristrative cost charges, second to accrued' interest, and third to outstanding prir.cipal.
19.
Section 15.41 is revised to read as follows:
S 15.41 When a claim may be compromised.
The NRC may compromise a claim not in excess of the monetary limita-tion if it has not been referred to tne GAO or to the D0J for litigation.
Only the Comptroller General of the United States or designee may effect the compromise of a claim that arises out of an exception made by the GAO in the account of an accountable officer, including a claim against the payee, prior to its referral by GAO for litigation.
05/17/88 24 Enclosure A
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In S 15.43, paragraph (b) is amended by inserting a comma after the word " claimed" by revising paragraphs'(c) and (d) and by adding paragraph D
(e) to read as follows:
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5 S 15.43 Reasons for compromisino a claim.
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(c). The cost of collecting the claim does not justify the enforced collection of the full amount..The NRC shall' apply this reason for com =
p promise in accordance with the guidance in 4 CFR 103.4.
-(d) The NRC shall determine the debtor's inability to pay, the Government's ' ability to enforce collection, and the amounts which are acceptableincompromiseina,ccordance.iith'theFederalClaimsCollection.
Standards, 4 CFR Part 103.
(e) ' Compromises payable in installments are discouraged, but, if necessary, must be in the form of a legally' enforceable agreement for the reinstatement of the prior indebtedness less sums paid thereon.
The agreement also must provide that in the event of default--
(1) The entire balance of the debt becomes immediately due and pay-able; and (2) The Government has the right to enforce any security interest.
21.
In S 15.45, in the second line, the word "or" is corrected to read "nor."
6 15.45 [ Amended]
22.
Section 15.51 is revised to read as follows:
'05/17/88-25 Ca-la'""a 6
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[7590-01]
S 15.51 When collection action may be suspended or terminated.
The NRC may suspend or terminate collection action on a claim not in excess of. the monetary limitation, exciusive of interest, penalties, and administrative costs after. deducting th'e amount of partial payments, if any, if it has not been referred to the GAO or to the DOJ for litigation.
23.
Section 15.61 is amended by redesignating paragraph (b) as paragraph (c), revising paragraph (a), ed adding new paragraphn (b) and (d) to read as follows:
y t
S 15.61 PromJt referral, (a) A claim which requires enfortpd collection action is referred-t to the GAO or to the 00J for, litigation! A referrai is made as early as possible consistent with aggressive collection action and in ary' event well within the time required to bring a timely suit against the debtor.
Ordinarily, referrals are made within one year of the NRC's final deter-mination of the fact and the amount of the debt.
g (b) When the merits of the NRC's claim, the amount owed on the claim, or.the propriety of acceptance of a proposed compromise, suspension, or termination of collection actions is in doubt, the-NRC shall refer the
-matter to the GA0 for resolution and instructions prior to proceeding with collection action and/or referral to the 00J for litigation.
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(d) Once a claim has been referred to GAO or to the 00J under this 1
subpart, the NRC shall-refrain from having any contact with the debtor '
L and shall direct the debtor to
' < - % :. anpropriate, when questions concerning the claim arn raise *.<
cet The NRC shall advise GAO or DOJ, as appropriato, of any s yments by the debtor immediately.
a
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- 05/17/88-26 Enclosure A
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(7590-01]
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- 24.. Section 15.63 is-removed.
9 15.63 [ Removed]
25.
Section 15.67 is amended by redesignating paragraphs (a) and s
(b) as paragraphs (b) and (c), respectively, and by adding new paragraphs' (a) and-(d) to read as follows:
$ 15.67 Referral to the Department of Justice.
(a) Claims,for which the gross original amount is over $100,000 must be referred to the Commercial Litigation Branch, Civil Division, Depart-ment of Justice, Washington, D.C.
20530.
Clries for which the gross original amount is $100,000 o,r lasr.adsf be referred to the United States Attorney in whose district the debtor can be found.
a a
a a
a (d)' Claims must be referred to the Department of Justice in form l
and substance as-set out in 4 CFR 105.2.
Care must be taken to preserve-all' files, records, and exhibits on claims referred under paragraphs (a)
.and (b) of this section.
Dated at Rockville, Maryland, this day of
, 1988.
L For the Nuclear Regulatory Commission.
l l-L Victor Stello, Jr.
j Executive Director for Operations.
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l 05/17/88 27 Enclusure A
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Enclosure B-
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ENVIRONMENTAL ASSESSMENT =
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' FINDING OF NO SIGNIFICANT IMPACT L'
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ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT; PROPOSED REVISION T0 10 CFR PART 15 i
The Nuclear Regulatory Commission is proposing to amend its regulations concern-ing the procedures that the NRC uses to collect the debts.which are owed to it.
Environmental Assessment Identification of Proposed Action r
10 CFR Part 15 was originally issued 'for ' ublic comment as a proposed rule on p
September 23,1981 (46 FR 46960); published in final form on February 22, 1982' (47 FR 7616) and became effective on March 24, 1982.
This part has not been amended since then.
Need for the Proposed-Action
.Since the time that 10 CFR Part 15 was last published as a final rule, the Debt Collection Act of 1982 (Pub. L.97-365) was enacted on October 25, 1982 which revised the Federal Claims Collection Act of 1966 (31 U.S.C. 3701).
On March 9, 1984 (49 FR 8889), the General Accounting Office and the U.S. Department of Justice issued a final rule amending the Federal Claims Collection Standards as set out in 4 CFR. Parts 101-105.
The HRC is required by the Federal Claims Col-lection Act to issue debt collection procedures that conform with the Act and with the standards as set out in 4 CFR Parts 101-105.
The debt collection proce-dures published in final farm as 10 CFR Part 15 on February 22, 1982 conform DEBT; COLLECTION ENCL B 2
ns/1o/on
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E neither with the Federal Claims Collection Act as amended nor the Federal' Claims l
Collection Standards as amended.
The Feder&1 Claims Collection Act of 1966 Q
-provides that these procedures 67 issued as regulations.
.g Environmental Impacts of the Proposed Action j
i The proposed revision of 10 CFR Part 15 will have no radiological environmental impact offsite, and no impact on occupational radiation exposure onsite.
The-amendment does not affect nonradiological plant effluenis and has no other environmental. impact..Therefore, the Commission concludes that there are no significant environmental impacts associatedr ith the proposed amendment.
v Alternatives to the Proposed Action As required by Section 102(2)(E) of NEPA (42 U.S.C.A. 4332(2)(E)), the staff has considered possible alternatives to the proposed action.. One alternative was not' to initiate a rulemaking proceeding.
This is not acceptable as it would not conform-to the statutory provision for the NRC to publish debt col-lection procedures which conform to the Federal Claims Collection Act, as amended, and the Federal Claims Collection Standards, as amended.
Revising the existing rule was chosen as the best alternative, s
Alternative Use of Resources No alternative use of resources was considered.
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. DEBT COLLECTION ENCL B 3
05/19/88
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~Acencies and Persons Consulted
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-No agencies or persons were consulted.
Findino of No'Sianificant Impact 1.;
The Commission has-determined:not to prepare an environmental impact' statement-for.the proposed. amendment.
Based on the foregoing environmental assessment, we conclude that the proposed-
-' action willinot have a significant effect on the quality of.the human r
.' environment.
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1 lI' Enclosure C 1
- Sample 2 - List of standard Congressional addresses.
't 4'
The Honorable Philip R. Sharp, Chairman Subcomittee on Energy and Power Commi+ tee on Energy and Commerce United States House of Representatives Washington, DC 20515
.cc:
The Honorable Carlos J. Moorhead 3' '
The-Honorable John B. Breaux, Chairman Subcommittee on Nuclear Regulation Committee'on Environment and Public Works United States Senate r'
Washington, DC 20510-cc:
The Honorable Alan K. Simpson The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Represenatives Washington, DC 20515 cc.
The Honorable Manuel Lujan, Jr.
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UNITED STATES NUCLEAR REGULATORY COMMISSION' l'
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~The Honorable John R. Breaux,' Chairman Subcommittee on Nucisar Regulation
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Committee on Environment and Public Works l
Unitad States Senate.
Washington, DC 20510
Dear Mr. - Chairean:
The NRC has sent to the Office of the Federal Register for' publication the L:
enclosed proposed amendment to the Commission's rules in 10 CFR Part 15.
The i
b e%ndment is necessary to conform NRC regulations to the amended procedures
.co:tained in the Federal. Claims Collection Standards issued by the General-L:
Accounting Office and the U.S. Department ofrJustice.
The proposed action is
~
intended to alloCthe NRC.to further improve its collection of debts due the P-
nitid States.
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,The Commission is issuing the proposed rule for public comment.
Sincerely, t:
William G. Mcdonald, Director Office of Administration and Resources Management
Enclosure:
As stated cc:
Senator Alan K. Simpson A
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-. ~... - - _ _ _,. -__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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-i Enclosure D WEEKLY REPORT TO THE COMMISSION OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENT j
Proposed Rule to be Sianed by EDO On
,1988, the Executive Director for Operations approved a pro-posed rule that would amend 10 CFR Part 15 " Debt Collection Procedures." The proposed amendment is necessary to conform NRC regulations to the amended proco-i,
- dures contained in the Federal Claims Collection Standards.
The proposed action
~
'is intended to allow the NRC to further improve its collection of debts due the
,ik United States.
.This constitutes notice to the Commission th5t, in accordance with the rulemak-t ing authority delegated to the EDO, the EDO.hes signed this proposed rule for-publication in the Federal Register.
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