ML20059G581

Comments on Proposed Rule 10CFR15 Re Debt Collection Procedures.Paperwork Reduction Act Statement Should Be Changed to Statement Number 1 of Revised Paperwork Reduction Act Statements for Specific Situations

ML20059G581
Person / Time
Issue date:	05/09/1988
From:	Shelton B NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Meyer D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
Shared Package
ML20059G534	List: ML20059G531 ML20059G567 ML20059G581 ML20059G584 ML20059G591 ML20059G611 ML20059G625 ML20059G640 ML20059G669 ML20059G673
References
FRN-55FR32375, RULE-PR-15 AC87-2-04, AC87-2-4, NUDOCS 9009130026
Download: ML20059G581 (45)

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MEMORANDUM FOR

bavidL.Meyer, Chief Rules and Procedures Branch Division of Rules and Records /ADM Office of Administration and Resources Management FROM:

Brenda Jo. Shelton, Acting Chief Records and Reports Management Branch Division of Information Support Services /IRM Office of Administration =end Resources Management"

$UBJECT:.

REQUEST FOR COMMENT / CONCURRENCE ON THE PR, 10 CFR 15, DEBT COLLECTION PROCEDURES-in response to your subject memorandum, the Records and Reports Mt.nagement Branch (RRMB)providesthefollowing:

The Paperwork Reduction Act statement is correct for the subject rule.-

X The Paperwork Reduction Act statement should be changed to statement number 1

'of the " Revised Paperwork Reduction Act Statements for SpecifiTTituations."

.Do not release the Federal Register Notice for publication until further notice.-

X The' Federal Register Notice can be released for publ.ication.

' Enclosed is a copy of the RRMB memorandum to the program office addressing our concerns with the subject rule.

A copy of the RRMB memorandum to the program office addressing our concerns with the' subject rule will be' forwarded at a later date.

X An RRMB memorandum to the program office is not required.

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h ren'da J S lton, Acting Chief Records an Reports Management Branch Division of Information Support Services /IRM -

Office of Administration and Resources Management

Enclosure:

PRA Statement cc: G. Johnson, ARM /DAF H. Hiller, ARM /FMC 9009130026900907/7 PDR PR 15,55FR32375 PDR!

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. PAPERWORK REDUCTION ACT-j W

STATEMENTS REQUlRED FOR. SPECIFIC SITUATIONS y (1!.) No information collection' requirements.

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(( iThel accompanying Commission Paper shouM contain a statement similar to that in the rule.

Proposed Rule ~

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Lin_al Rule PAPERWORK REDUCTION ACT STATEMENT-PAPERWORK REDUCTION ACT STATEMENT' o

F, This; proposed rule contains no This final rule contains no' F

information collection requirements and information collection requirements therefore is.not subject to the and therefore is not subject to the:

1 requirements of.the Paperwork requirements of the Paperworki Reductioni s

E LReduction Act of 1980 (44 U.S.C. 3501 et Act of 1980 (44 U.S.C.: 3501 et seq.).

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2p No amendments to' existing requirements.

,y The accompanying Commission Paper should contain a statement similar to that in the rule.

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o Proposed Rule Final Rule

.. PAPERWORK REDUCTION ACT STATEMENT PAPERWORK REDUCTION ACT STATEMENT f

3This' proposed rule'does not contain a new This final rule does not contain a new or '

or_ amended information collection amended information collection requirement :

requirement 1 subject to the Paperwork-

. subject to the-Paperwork Reduction Act of Reduction-Act of-1980 (44.U.S.C. 350!-

1980 -(44 U.S.C; 3501 et. seq.).-

etseq.).:

Existing requirements -

Existing: requirements-were approved'by,the

were approved by the Office of-Office-of Management and Budget approval.

Management _and Budget approval number number 3150-1 L 3150--

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MEMORANDUM FOR:~ Those on Att' ached List FROM:

William G. Mcdonald, Director Office of Administration and

-Resources Management

SUBJECT:

PROPOSED REGULATIONS--DEBT COLLECTION PROCEDURES Attached for your review and concurrenceLis a proposed amendment to

'Part 15 of Title 10 of the Code of Federal Regulations. The first pageLof. the'. attachment, sumarizes the proposed amendment to Part 15.-

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 furnish coments within fifteen (15) calendar days from the date of this memorandum. Your concurrence will be assumed if no coments-are received.

William G. Mcdonald, Director Office of Administration and Resources Management

Attachment:

As stated CONTACT:

Graham D. Johnson 492-7535 or Edward Greenberg 492-8773

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Sharon R. Conne'ly, Director, Office of Inspector and Auditor b

Samuel J. Chilk, Secretary of the Commission William C. Parler, General Counsel j

f Harold' R. Denton, Director. 0ffice of Governmental and Public Affairs L

' Ben B. Hayes, Director, Office of Investigations Victor Stello, Jr. Executive Director for Operations p

-James M.. Taylor, Deputy Executive Director for Regional Operations 1

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Deputy Executive Director for Operations Stewart D. l bneter,' Director, Office of Special Projects 1

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James Liebennen, Director, Office of Enforcement.

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L-Edward L. Jordan, Director, 0ffice for Analysis and Evaluation of j

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William B. Kerr, Director Office of Small and Disadvantaged Business L

Utilization'and Civil Rights y

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Hugh L. Thompson, Jr., Director, Office of Nuclear Material Safety and L

Safeguards-l Eric S. Beckjord, Director, Office of Nuclear. Regulatory Research J

Thomas E. Murley, Director,:0ffice of Nuclear Reactor Regulation 1

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~B. Paul Cotter, Jr., Chief Administrative Judge, Atomic Safety and Licensing:

Board Panel L

Alan S. Rosenthal, Chairman, Atomic Safety and Licensing Appeal-Panel a

f William Kerr, Chairman, Advisory Committee on Reactor Safeguards

' j William T. Russell, Regional Administrator, Region I L

J. Nelson Grace, Regional Administrator, Region. II A~.'Bert Davis, Regional Administrator, Region III i

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I MEMORANDUM FOR: Those on Attached List y

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FROM:-

William G.- Mcdonald Director-I L

Office of Administration and Resources. Management-

SUBJECT:

PROPOSED PESULATIONS--DEBT COLLECTION PROCEDURES e

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Attached for your review and concurrence is.a proposed amendment to 1

Part.15 ef Title 10 of. the Code of Federal' Regulations. The first

, p page.of the attachment summarizes the proposed amendment to Part 15.

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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-E furnish comments within fifteen (15) calendar days from the date of 23 this memorandum.

Your concurrence will.be ' assumed if no comments are received, fj

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William G. Mcdonald, Director j

Office of Administration and Resources Management 1

Attachment:

As stated

' CONTACT:

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Edward Greenberg

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I DRAFT:j s :4/26/88: A7/ REGULATIONS L 6 1 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 review and concurrence is a proposed. amendment to Part 15 of Title 10 of tha Code of Federal Regulations. The.first page ofcthe attachment. summarizes the' proposed amendment to Part 15.

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' furnish comments within fifteen (15) calendar days from the date of this memorandum. Your concurrence will be assumed if no comments are received.

William G. Mcdonald.JDirector

' Office of Administration and Resources Management

Attachment:

As stated CONTACT:

c Graham D. Johnson 492-7535 u--

or.

JEdward Greenberg 492-8773' GDJ EG RER LH RMS 1

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NUCLEAR REGULATORY COMMISSION:

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i 10-CFR Part 15 1

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Debt Collection Procedures l

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AGENCY: Nuclear: Regulatory Commission.

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' ACTION:1 Proposed Rule.

SUMMARY

The Nuclear Regulatory Commicsion is proposing = to amend

Part 15 of its' regulations to incorporate changes r.equired by 31; U.S.C.L3711(e)(2),Jas amended.

The--procedures are based upon the y

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i Federal Claims

-Collection Standards

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Accounting 10ffice (GAO)'.and the U.S. Department of Justice-(D0J),

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-as>amendedion March 9, 1984, 49 FR 8896.

.The revised procedutos Jwill' enable the-'NRC to further improve its -collection > of debts t

. duej the! UnitedD Stat'es.

$i 1.DATE: : Submit comments by 1988.

Comments received

.after this date will be considered if it is practical to do so,

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but assurance of consideration cannot be given except as to comments received on or:before this date.

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I ADDRESSES: Send comments to:

Secretary, U.S. Nuclear-Regulatory j

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Commission, Washington, DC

20555, ATTN:. Docketing and Service-g Branch.

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Hand deliver comments to:

11555 Rockville Pike, One White-e l

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q F,l'i n t N o r t h_, Rockville, Maryland, between 7:30'a.m. and 4:151p.m.

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Examine comments received at : The NRC Pubic Document Room, 1717 H Street NW,1 Washington, DC 20555.

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j FOR FURTHER INFORMATION CONTACT:

Graham D.

Johnson, Director,

' Division' of: Accounting and ' Finance, Office of Administration - and Resources

' Management, U.S.

Nuclear

-Regulatory Commission.

Washington,.DC 20555, telephone (301).492-7535.

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SUPPLEMENTARY INFORMATION:

On February 22,

1982, the Nuclear

. Regulatory Commission (NRC). published. a final rule concerning l debt collection pro'cedures (47 FR 7616).

Since then,. the Debt' Collection'- Act of 1982 (Pub.

L.97-365) was enacted - on-October 25, 1982 "which revi sed the Federal. Claims Collection Act of 1966 0

( 31 ! U. S. C '.

3701).

On March 9,

1984, the General -Accounting'

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.0ffice and the Department of Justice issued a final rule amending w

the' Federal. Claims Collection Standards as set out in 4 CFR Parts 101-105.

-l The proposed revision to 10 CFR Part 15 provides procedures for the Nuclear Regulatory Commission to collect, compromise, or Lterminate collection action on claims owed to the United States ai

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. Governmente arising from activities under NRC --jurisdf etion.

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implements' the Federal: Claims Collection ' Act as: amended by - the j

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Debt Collectio'nTAct and supplements the amendments to theJFederal-

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4 Claims Collection' St'andards.

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tSection by Section Analysis 4

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,1 Application.__

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.a This section 'is being revised to moke it clear that 'Part 15

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prescribes

'NRC l procedures for collecting, compromising -

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. terminating and; referring claims to the General Accounting' Office; j;

and.vthe Department of Justice and conform to Pub.--L.99-224 1

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1 iSubparagraph. -(b)(1) is being ' modified fto conform to the provisions of ' Pub.

L.99-224, dated December - 28,--1985, which.

h amended) 5.

U.S.C.

5584,-

10 U. S. C.

277_4 and-32 U. S. C., 716. by _

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authorizing twaivers' o f.

e r r o n e o u s'-

payments of

travel, transportation and relocation expenses and allowances, ij

.A Jnew subparagraph (b)(2) is' being added to indicate cthat civil 1 penalties and.. fees l imposed under 10 CFR Parts 2.205,- 170, 4

.andL171.are subject-to-the collection procedures and standards of Part.15.

9115.2 Definitions.

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This new section~ is being-added to f provide' definitions -for; j

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the iterms "admini stra tive of f set"',

" claim. and : Ldebt",

" con s ume r::

4, reporting ; agency",- " delinquent debt", " license", andJ" payment 1n

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full" as they are used in'this part and 4 CFR: Parts 101-105.

l(15.3 Communications.

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f This section' is. being revised by correcting the Commission's i

address for-communications concerning the regulations in 10 ' FR

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Part 15.

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'l-15.5 Claims that are covered.

J This section is being revised.to note.that the' provisions'of A

10:CFR 15 apply to civil' penalties assessed by the NRC cunder 10L

'CFR 2.205 but not to claims between Federal: agencies.

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IJ15.7f Monetary limitation on.NRC's authority.

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f, The ; statutory. citation. in this section is ; being-corrected to n

read' 31 ' U; S.C.

3711(b).

Paragraph (b) is being modified to' g

l include " penalties, and administrative costs" with the exclusion

. of interest from the $20,000 limitation on the' NRC's compromise-t Lauthority.

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.0 missions not a defense.

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l This section is being modified.to include the citation for t

-theLFederal.. Claims Collection Standards.

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(5.15.13 Subdivision of_ claims.

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' A-cross reference to the statutory and _regulatoryL authority.

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ffer this section-is being added, f

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l5115.21 Written demands for payment.

-Subparagraph (a)(1) is-being modified to include notice to u

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'the debtors of their right. to seek review-within the! agency.

s Subparagraph _-(4)..is being modified to-indicate the.date of s

imailing. or? hand _ delivery as t'se date.on which paymentris to be t

made under normal circumstances, consistent with'4 CFR Part'102.

! Subparagraph

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is being modified to include pena.1 ties and r

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administrative costs of collection in the demand for; payment.-

l Minor editorial changes are made to. paragraph (b),-including:

i thenaddition of possible reporting of delinquent-debt to consumer 4

/ reporting-agencies.

'6 15. 2 5 ~ Personal _ interviews.

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Thi's-section: is t,eing modified to ma'ke such interviews'

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' discretionary on_ the part of the. NRC under paragraph (a) while-f,.

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maintaining a requirement to grant. an interview to the debtor, if-reques ted, under paragraph (b).

5:15.26 Use of consumer reporting agencies.

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A new'section!1s being:added.to provide for the reporting _of -

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de71nquent debts to - consumer repor".ing agencies.-

notifying

. debtors' o'f' such actions _,

reporting debt status 1 changes 'to:

debtors and limiting the ' information which the-NRC may provide to! consumer-reporting agencies.

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'll15.29 Suspension or revocation of license, k\\

E This section_ is: being modified to eliminate the requirement that a'

show. cause.. order be. issued to the-debtor prior to

. suspendingEor.. revoking a license for failure to pay-a debt to-the

- NRC.

AL debtor would, however, be given e:,ti.ce by registeredf orL

- certified mail _ and amplec opportunity to pay a debt-prior to - any suspension 1o+ revocation action being taken.

It should also-be understood L that the debtor. prior' to such an action, will have

- been given ample opportunity-to dispute = the : debt pursuant Eto-section-15.31. ~ Finally, the';section provides for the circumstances 7

. whichiwill load to reinstatement of.the license,reither'by payment.

Lof! theJdebt 'in-the case of suspension or by a newi application-in sthcicase_of a revoked license.

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5 15.31 -Disputed debts, This!section'is-being modified to correspond more closely to

.the: terminology used in 4 CFR Parts 101-105.

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$a pf i 15.32. Contracting for collection services.

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This new - section is. added to provide for NRC. action to t

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. authorized -pursuant-to 4 C FR - 102.6.

With the inclusion of this y[._

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'new section, section 15. 63 ' i s being removed from: Subpart E-of m% %

th'is.part.

1 1 15.33 Collection by administrative offset, f

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ection is' being modified to disclose-the 10 year limitation on the NRC'sc authority to initiate 'an administrative-i

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' offset.

In' the. case of-a.. deferral of the payment. of fees to the s

-NRC, the ten syears will' _run.f rom the end of -the deferral period-1

.or. - other such-period as may be subsequently established by-the; NRC.

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Paragraph (b) of the section is being= changed to make it j

consistent with the provisions in 4 C F R P a r t s - 10 2 '. 2, - 102 '. 3, and-J 102;4.'

Provisions: are added. to establish the ~ debtor's procedual

. rights',:- provide for seeking-offset from.Other G' vernment agencies I

o when they:have funds due the debtor, acceptance by-'the NRC.of_ a repayment-' agreement in - l ieu of an offset, and other limitations Jon the 'use of administrative offset in the collection of debts 4

. owed'the NRC.-

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1 l:15.35; Payments.

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' Language _is being added to this. section to clarify that-l charges for interest, penalties, and administrative costs will be assessed.on delinquent payments paid in full in one lump sum,;and-

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how an installment agreement will. be-instituted and applied to a.

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debt.

The significant additions are a provision for accelerated payment in the event the. debtor defaults on

-a installment 3

agreement and that-the NRC will comply with the debtor's I

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. instructions in the application of payments when more than one i

debt is involved.

However, if the debtor does notiso designate,.

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- the NRC -will -apply.

payments in the best interest of the the a

United States.

9;15.37 Interest, penalties, and administrative. costs.

Th.is section11s changed substantially by revising its title l I

- and: adding the following new paragraphs:

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. Paragraph (e) provides that the NRC will assess against the i

debtor the~ costs of1 administratively handling a -delinquent D

debt.

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'l ragraph-(f) codifies the-NRC practice of assessing a P

inalty charge in the amount of 6 percent per annum a debt that is delinquent for more thar 90 days.

This charge shall

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accrue from the date Lthat 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' outstanding penalty and administrative charges, then to interest, and finally to the principal.

Paragraph' (h) codifies. current NRC practice of. Waiving interest-for debts paid within 30 days of the due date.

ThisL waiver may be-extended at the-discretion of the NRC:

p for good cause shown on a case-by-case basis.

% L15.41" WhenL a claim may,be compromised' k

n The: opening sentence of this-section is being. changed for-l

-clarification purposes only.

5.431 Reasons: for compromising 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 s

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.103. 4 ' ra the r than as currently stated.

Paragraph (d) is being Ldivided to -set out separately in a

new paragraph (e) the crequirement for an enforceable agreement of installment payments

under a compromise of a claim.

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S. hen collection action may'.be suspended or terminated,

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This section is being modified' to indicate 1the exclusion of i nterest,: penalties, and -administrative costs -from the - monetary _.

limitation on when the -NRC may suspend' or terminate collection; action.

I 15'.61 I Prompt' referral.-

Paragraph (a) is'being modified to delete the reference to a private. collection' agency which -is now to be addressed ~ in the new:

- section :15.32 discussed above.

A-one-year referral requirement ist codified -~ for 'NRC action af ter final determination ofLthe fact and the-amount-owed to the NRC.

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. b) is being added to provide for NRC-(

.A new paragraph referral [to. GAO L of-; questions concerning acceptance of a proposed

> compromise,' suspension, or termination of collection actions:'in 4

r orderj to.obtain: GAO's' ' advice. on the matter in. question.

The-currentfparagraph (b) will'be redesignated as paragraph (c).-

xw A newL paragraph (d).is' being added to reflect the fact that

^. -once ia referral has been made to GA0 or'the D0J, the. NRC will-refrain: from any contact with the debtor and ' will

'mmediately

• advise;GA0'or.the D0J of any payments made by the debte'.,

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c i 15.63 Referral of a claim to private agencies for collection.

This section is being deleted both because of the new section 15.32 which addresses such

actions, and because such collection-actions are not a referral in the truest sense, but rather reflect a different form of collection action by the NRC using other means.

I 15.67 Referral to the Department of Justice.

A new paragraph (a) is being added to indicate the thresh;.1d for-determining to whom the NRC will refer a claim for j

enfor:ed 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) b:ing added to indicate that the NRC must make its referrals in accordarce with the guidance in 4 0FR 105.2 and that pertinent evidence will be preserved.

J ENVIRONMENTAL IMPACT STATEMENT This proposed rule does not significantly affect the envirorment.

An ecYironmental impact statement is not required under the National Environmental Policy Act of 1969, as amended, e

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- 12 PAPERWORK REDUCTION ACT STATEMENT This proposed rule contains no new reporting and record keeping requirements and therefore is not-subject to review.by the Office of Management and Budget under.the Paperwork-Reduction Act of 1980, as amended (44 U.S.C. 3501 et seq.),

e REGULATORY ANALYSIS This proposed rule will bring NRC debt collection procedures-into conformance with current statutory and regulatory guidance and requirements and, as such, does not have significant impacts on state and local governments and geographical regions, health, safety, and the environments nor does i t represent substantial costs to licensees, the NRC, or other Federal agencies.

This constitutes the regulatory analysis for this proposed rule.

REGULATORY FLEXIBILITY CERTIFICATION

.i In accordance with the Regulatory Flexibility Act, 5 U.S.C.

605(b), the Commission certifies that this rule does not have a

.significant economic impact on a

substantial number of small-

, entities.

Any impact on a small entity which might occur will result ' soley 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 analysis has not been prepared.

...m,

1.

J e

LIST OF SUBJECTS IN 10 CFR PART 15 r

l

..i.

Administrative o actice and procedure, Debt collection.

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

1966, as

amended, and The Administrative Procedures Act, 5 U.S.C. 553, the NRC is proposing to adopt the following amendmants to 10 CFR Part 15.

PART 15 - DEBT COLLECTION PROCEDURES f

Subpart A - Application and Coverage Sec.

15.1 Application.

15.2 Definitions.

15.3 Communications.

15.5 Claims that are covered.

15.7. Monetary limitation on NRC's authority.

15.9-Omissions not a defense.

15.11 Conversion claims.

15.13 Subdivision of claims.

1 Subpart B - Administrative Collection of Claims

- ~...., - -

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14 g

15.21. Written demands for payment.

15.23 Telephone inquiries and investigations.

15.25. Personal interviews.

15.26 Use of consumer reporting agencies.

15.27 Contact with debtor's employing agency.

.15.29 Suspension.or revocation of a license.

~ 15.31 Disputed debts.

15.32 Contracting-for collection services.

15.33 Collection by offset.

15.35 Payments.

15.37 Interest, penalties and administrative costs.

15.39 Bankruptcy claims.

Subpart C. Compromise of a Claim 15.41 When a claim my be compromised.

15.43 Reasons for compromising a-claim.

15.45 Restrictions on the comp omise of a claim.

15'.47 Finality of a compromise.

'l Subpart D. Suspension or Termination of Collection Action 15.51 When collection action may be suspended or terminated.

55.53-Reasons for suspending collection action.

15'.55 Reasons for terminating collection action.

15.57 Termination of collection action.

R 15.59' Transfer of a claim.

. l

Subpart E - Referral of a Claim l

s 15.61 Prompt referral.

l t

15.65 Referral of a compromise offer.

J 15.67 Referral to the Department of Justice, j

1.

The authority section for Part 15 ' is revised to read as follows:

AUTHORITY:

Secs. 161, 186, 68

.e t a t. 948, 955, as amended (42. U.S.C.

2201, 2236); sec. 201 88 Stat. 1242, as amended (42 f

U.S.C.

5841); sec. 3 Pub.

L.89-508, 80 Stat. 308, as amended (31 U.S.C.

3711, 3717, 3718); sec. 1 Pub.

L.97-258, 96 Stat, j

972 (31 U.S.C.

3713); sec.

5, Pub.

L.89-508, 80 Stat. 308, as amended (31 U.S.C.

3716);

Pub.

L.97-365, 96 Stat.

1749 (31 i

U.S.C.

3701-3719);

Federal Claims Collection Standards, 4 CFR Parts 101-105.

1 2.

Section 15.1 is amended by revising paragraph (a) and subparagraphs (b)(1) and (b)(2),

redesignatin9 subparagraph-(b)(2) as-(b)(3), and adding a new subparagraph (b)(2) to read as

'follows:

E j_15.1 Application.

l

l<

(a)-

This part applies to claims for the payment of debts

-owed to the United States Government

and, unless a tifferent procedure' is specified in a

statute, regulation, or contract, prescribes procedures by which the NRC would:

(1)

Collect, compromise, suspend, and terminate collection actions for claims; (2)

Determine and collect interest and other charges on these claims; and (3)

Refer unpaid claims to the General 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 applicent for, or a holder or former holder of an NRC license involving the paymeret of civil penalties and' fees imposed = by the NRC under 10 CFR Parts 2.205. 170 and 171.

(3) 3.

Section 15.2 is added to read as follows:

._.A------

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e.

17 -

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f-15.?

Definitions.

C

" Administrative offset" means a

procedure by which monies

[

otherwise due the debtor from the United States Government are I

used to offset or satisfy a portion or all of a debt or claim of the United States Government against the debtor.

j For 'the purposes of this part, the terms " claim" and " debt" t

are used synonymously and interchangeably.

They refer to money v

i l

or property which has been determined by an appropriate NRC official to be owed to the United States by any

person, t

organization, or entity, except another federal agency.

" Consumer repo rt i:ig agency" has the meaning provided in 31-

. U.S.C. 3701(a)(3).

" 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 delivered to the debtor or as otherwise established by Federal

statute, regulations, or applicable contractual agreemewnt with the NRC, unless other satisfactory I

payment arrangements.have been made by that date, or if, at any j

time thereaf ter, the debtor fails to satisfy obligations under a payment agreement with the NRC.

+

r

" License" means any

license, permit, or other approval j

issued by the Commission.

j 1

4

" Payment in ~ full" means payment of the total debt due the -

l United

States, including any

interest, penalty, and administrative costs of collection assessed against the debt, j

i 4

Section 15.3 is corrected to read as follows:

Y

$15.3 Communications, i

t Unless otherwise specified, all communications concerning

'the regulations in

.this part should be addressed to the j

Secretary, U.S.

Nuclear Regulatory Commission.

Washington DC

20555, ATTN: Docketing and Service Branch.

Communications may l

be delivered in person at the Commission's offices at 11555 Rockville' Pike. One White Flint North, Rockville, Maryland 20852.

I 5.

Section 15.5 is amended by revising the text of subparagraph (b)(1) added as follows:

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• 18 *

- l 15,5 C1, aims that are cgvered.

(b)

.(1)

Claims between-Federal agencies.

6.

Section 15.7 is amended by revising the statutory citation to read "31 U.S.C. 3711(a)" and by revising subparagraph

- (b) to read as follows:

1 15.7 Monetary-limitation on_NRC's_ authority.

e (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 follows:

(a)

The 'f ailure of the NRC to include in this part any-

provision of the Federal Claims Collection Standards, 4 CFR Parts 101-105, does - not prevent the NRC from applying said provisions, which are incorporated herein by reference.

+

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1

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__-_-_-__..-m____

.i 8.

Section 15.13 is revised to read as follows:

I i 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 claim is less than the monetary limitation for the purpose of compromising or suspending or terminating collection action.

A claim may not be subdivided to j

avoid the monetary limitation 6stablished by 31 U.S.C. 3711(a)(2) and section 15.7 of this part.

d 9.

.The title for Subpart B is being corrected by deleting the word "a" and changing the word " Claim" to read " Claims."

10.

In i 15.21, subparagraphs (b)(3)(iii), (iv), and (v)

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are redesignated as (b)(3)(iv), (v), and ( v i ) ', respectively, and the remainder of the section is revised to read as followr:

l t

i 15.21 Written demands for ga m nt.

l

/

L (a) l1)

The basis of the indebtedness and the right of the debtor to seek review within the NRC; l

(2)

l

,,' +

i (3)-

i i

(4)

The date on which payment is to be made (This date is

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normally the date the initial written demand letter statement l

was mailed or hand delivered, unless otherwise specified by l

contractual-agreement, established by Federal statute or

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l regulation, or agreed to under a payment agreement);

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l (5)

The applicable standards for assessing

interest, j

penalties, and administrative costs pursuant to 4 CFR 102.13.

1 (6)

The applicable policy for reporting the delinquent debt to consumer reporting agencies.

(b)

Unless a debtor is a current NRC employee or subject to a' civil penalty, the NRC will normally send three progressively stronger written demands at not more than 30-day intervals, unless circumstances indicate that alternative remedies better protect the Governement's

interest, that the debtor has j

explicitly refused to pay, or that sending a further demand is futile.

Depending upon the circumstances of the particular case, l

L the'second and third demands may--

L' L

t-u, (1) t (2)

State the amount of the interest and penalties that will_ ' be - added on a daily basis as well as the administrative cost's that will be added to the debt until the debt is paid; and j

pu

l (3) l (iii)

Possible reporting of the delinquent debt -to consumer 5

reporting agerties in accordance with the guidance and standards 3

contained in 4 CFR 102.5 and the NRC procedures s"t forth in K 15.26 of this parti i

i 11.

In i 15.25, paragraph (a) is amended in the first-line by changing the word "shall" to "may."

l t

12.

A new i 15.26 is added to read as follows:

j_15.26 Use of consumer reporting agencies.

I t

t (a)

When a debtor has not--

(1) paid or agreed to pay the debt under a written paymentL plan that has been signed by the debtor and agreed to by the NRC; o

or i

(2) filed for review of the debt I

L the NRC may take action in-accordance with paragraph (b) of this f

section.

l L

1

1 I

1 (b)

Pen a-debt has been delinquent for 90 days, in-addition to assessing

interest, penalties, and administrative

)

costs pursuant to 6 15.37 of this part, the NRC, may-include a notification in the third written demand (see K 15.21(b)) to the individual debtor stating.

(1) that payment of the debt is delinquent; (2) that, within not less than 60 days af ter the date o'

'such notice, the NRC intends to disclose to a consumer reporting agency that the individual debtor is responsible for the debt; l

(3) the specific information to be disclosed' to the l

consumer reporting. agency; and i

(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.

(c)

-If there is a substantial change in condition or amoult of?the debt, the NRC will-(1) disclose promptly that fact (s) to each consumer reporting agency to which the original disclosure was made; i*

.:. j l

(2) verify or correct promptly information about a debt on i

-request.of a

consumer reporting agency for verification of l

information disclosed 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.

s (d)

The information the NRC will disclose to the consumer reporting 1.gency is limited to--

l (1) _

information necessary to establish the identity of the-

-individual 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)

Demand letters informing a debtor of NRC's intent to p

disclose information to a consumer reporting agency will be sent to the debtor by either registered or certified mail.

l 13.

Section 15.29 is revised to read as follows:

t i_15.29 Susgension o u evocation _of license.

~ ~ - +

, i. ;.,

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- 25 i

For any delinquent debt the NRC mey suspend or revoke any

~

license or other privilege which the NRC has granted to the debtor.

' Prior to suspending or revoking any license for ' failure to pay a

. debt, the NRC will notify the debtor (by either registered or

' certified mail) of its intent to suspend or revoke the license and f

the reasons therefore.

The debtor will be allowed no more than 30 l

days to. pay' the debt in

full, including applicable

interest, penalties, and administrative costs of collection of the delinquent i

debt.

The proposed suspension or revocation may be put into effect at the end-of the period by the NRC.

A suspension will remain in effect until full payment is made or for no more than 60 days.

If-full payment is not made within the suspension period, the license l

may-be revoked at the-end~of the suspension period by the.- NRC.

Payment in full of-the debt within the suspension period will' result in automatic reinstatement of the

license, absent any.

suspension or rev0 cation action pursuant to Part 2 of this chapter.

I f.

a license is revoked under authority of this

part, a new applict. tion, with appropriate fees, must be made to the NRC.

Such an' application will not be considered unless all previous

' delinquent debts of the debtor to the NRC have been paid in full'.

14 In i 15.31, paragraphs (a) and (b) are revised to read as follows:

1 15.31 Disputed debts.

(

(a)

A debtor..who disputes a debt shall explain why the debt I

is incorrect in fact or in law within 30 days from the date that L

j i*-

26 -

the initial demand letter-was mailed or hand-delivered.

The

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debtor may support the explanation by affidavits, cancelled checks, or other relevant' evidence.

(b)-

If the debtor's argumentt. appear to have merit, the NRC may extend the interest waiver period as described at i

paragraph 15.37 (d) pending a

final determination of the j

existence or amount of the debt.

t 15.

Section 15.32 is added to read as follows:

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)

i 15.32 Contracting for collection se,nicei.

.t The NRC has the authority to contract for collection

)

services in order-to recover delinquent debts and, when deemed.

appropriate to do so, will contract for collection services in accordance with the guidance and standards contained in 4 CFR

'102.6.

16.

In 6 15.33, paragraph (c) is deleted, paragraph (d) is L

redesignated as paragraph (c), and paragraphs (a) and (b) are revised to read as follows:

l i

1_15.33 Collection by administrative offset.

L p.

(a)

The NRC may administrative 1y undertake collection by i

offset. on each claim which is liquidated or certain in amount in L

.accordance with the guidance and standards contained in 4 CFR

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T

.s

'P,,

Parts 102.2, 102.3, and

.v2.4 The NRC may not initiate administrative. offset to collect a debt' more than 10 years af ter the Government's right to: the debt first accrued, unless facts i

material to the Government's right to collect the debt were not

'known and could not reasonably have been known to the NRC. or j

collection of fees has been deferred ' under other provision of this chapter.

Ih the latter 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 l

present or 'former Government employee or against the assets of licensee.

l (1)

(2)

Before the offset is made. the NRC will provide the j

debtor with a written notice of the nature and amount of the debt and-(A)

Notice of the.NRC's intention to collect the debt by.

offset; (B)

An opportunity to inspect and copy NRC records pertaining to the debt; f

4

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i (C)

An opportunity to request reconsideration of the debt i

by the NRC or, if provided for by statute, waiver of the debt; I

(D)

An opportunity to enter into a written agreement with j

the NRC to repay or pay the debt. as the case may be; l

(E)

An explanation of the debtor's rights under this

.subpart; and 1

l (F)

An opportunity _ for a hearing in accordance with the provisions of 4

CFR Part 102.3(c) of the Federal Claims Collection Standards.

l (3)

If the NRC learns that other agencies of the Federal f

government are holding funds payable to the debtor, the NRC will provide the other agencies with documentation of the debt owed to the NRC and will request that funds.due the debtor, and necessary to offset the debt to the NRC, be transferred to the NRC.

-i l=

'(4)

The NRC may accept a repayment or payment agreement, as appropriate, in lieu of

offset, but will do so only after

]

balancing the Government's interest in collecting the debt f

against fairness to the debtor.

If the debt is delinquent and the debtor has not disputed its existence or amount, the NRC will accept-a repayment or payment agreement in lieu of offset only if the debtor is able to establish under sworn affidavit that offset e

would result in undue financial hardship or would be against 1

equity and good conscience.

i

-i 29 f

(5)

Administrative offset is not authorized with respect to-i

[

(1)

Debts owed by any State or local Governments or (ii)

Any case in which collection of the type of debt involved by administrative e ffset is explicitly provided for or r

prohibited by another s+ 't it,e.

(6)

The NRC reserv6s the right to take any other action in respect to offset as is permitted under 4 CFR 102.3.

i (c) 17.

Section 15.35 is amended by revising subparagraphs- (a) and (b) to read as follows:

I L

6'15.35 Payments.

(a)

Payment in full.

The NRC shall make every effort to o

L collect a claim in full before it becomes delinquent.

If a claim i

is paid in one lump sum after it becomes delinquent, the NRC shall impose charges for interest, penalties, and administrative costs as specified in section 15.37.

l t

f (b)

Payment in installments.

If a

debtor furnishes satisfactory evidence of inability to pay a claim in one lump

(

1

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I

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sum. payment in regular installments may be arranged.

Evidence may consist of a financial statement or a signed statement that I

the debtor's application for a loan to enable the debtor to pay

the claim in full was rejected.

Except for a claim described at

]

5 U.S.C.

5514, all installment payment arrangements shall be i

reduced to writing and require the payment of interest.

i l

(1)

Installment note

forms, including confess-judgment

notes, may be used.

The written installment agreement will

- contain a provision accelerating the debt payment in the event i

the debtor defaults.

If the debtor's financial statement discloses the ownership of assets which are free and clear of liens a security interests, or assets in which the debtor owns

(

an equity ' the debtor may be asked to secure the payment of an j

installment note by executing a Security Agreement and Financing

. S'ta temen t transferring to the United States a security interest in the assets until the debt is discharged.

4 (2)-

If the debtor owes more than one debt and designates i

how a voluntary installment payment is to be applied as among those debts, that designation will be followed by the NRC.

If the debtor does not designate the application of the payment, the NRC will apply the payment to the various debts in accordance with the best interests of the United States, as determined by the facts and circumstarees of the particular case.

{

31 i

18.

Section 15.37 is amended by changing its

title, j

revising paragraphs (a) and (b) and adding paragraphs (e)-(h) to f

read as follows:

i i 15.37 Inferest, penalties, and administrative costs.

C (a)

Except as provided in by

statute, regulation, or contract and in accordance with the guidance provided under the Federal Claims Collection Standards. 4 CFR Part 102.13, the NRC shall assess

interest, penalties, and administrative costs on debts owed to the United States Government.

P (b)

Before assessing any charges on delinquent debts, the NRC will mail or hand-deliver a written notice to the debtor explaining its requirements concerning these charges pursuant to 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 statute, regulation, or contract.

(d)

The NRC will waive collection of interest on the debt i

or any portien of the debt wh';h is paid in full within 30 days after the date on which interest began to accrue.

The NRC will waive interest during the period a disputed debt, pursuant to n

j

• l section 15.31, is under investigation or review by the NRC.

However, such a waiver is not automatic and must t: requested prior to the expiration of the initial 30-day waiver period

[

described herein.

The NRC will grant such an additional waiver l

only when it finds merit in the claim of the debtor as submitted

{

under section 15.31 of this part.

l I

i (e)

The NRC shall assess interest based upon the rate of-t 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 l

Financial Manual Bulletins, unless a different rate is prescribed t

by statute, regula u on, or contract.

i (f)

The NRC may assess against a debtor charges to cover administrative costs incurred as a result of a delinquent debt.

1 Administrative costs may include costs incurred in_ obtaining _ a l

credit report or in using a p ivate debt collector, to the extent t

L they are attributable to the delinquency.

l H

(g)'

The NRC will assess a penalty charge of 6 percent a year on any portion of a debt that is delinquent for more than 90-days.-

The charge shall accrue retroactive to the date that the L

-debt became delinquent.

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.13 -

j (h)

Amounts received by the NRC as partial or installment

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' p'a yme n t s -

will be applied first to outstanding penalty and i

administrative cost

charges, second to accrued

interest, and thiro to outstanding principal, i

1 19.

In i 15.41, the first sentence is corrected by changing' it to read:

i 4

i I 15:41. When a claim may be compromised.

i h

The NRC may compromise a claim not in excess of the monetary limitation if it has,not been referred to the GA0 or to the 00J for' litigation.

i P

r

?

- 26.-

Section 15.43 is amended by corrr.cting paragraph (b) by inserting a comma after the word " claimed

• in the fourth line, by dividing paragraph (d) into two paragraphs (d) and- (e), and by rev.ising paragraphs (c) through (e) to read as follows:

l

' h)_5 4_3 Reasons-for compromisin.2 a claim.

2 f

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(c)

The cost of collecting the claim does not juf,tify the enforced collection of the full amount.

Applicatiois of this reason for compromise will be in accordance with the guidance in 4'CFR 103.4.

I (d)

The debtor's inability to pay, the Government's ability to enforce collection, and the amounts which are acceptable in compromise shall be determined in accordance with the Federal claims Collection Standards, 4 CFR Part 103.

-1 l

(e)

Compromises payable in installments are discouraged, but, if necessary, shall be in the form of a legally enforceable agreement for the reinstatement of the prior indebtedness less sums paid thereon.

The agreement also shall provide that in the-t event of default--

(1)

The_ entire balance of the debt becomes immediately due and payable; and (2).

The Government has the right to enforce any security interest.

i 21.

In i

15.45, in the second line, the word "or" is corrected to read "nor."

22.

Section 15.51 is revised to read as follows:

.. f l.

f,;. '

3p.

i 15.51' When collectjon action may bt_lus,2gnded or terminated.

r The NRC - may suspend or terminate collection action on a claim not in excess of the monetary limitation, exclusive of

interest, penalties, and administrative

costs, after deducting the 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),

and revising paragraph *(a) and adding new paragraphs (b) and (d) to read as follows:

(a)

A claim which requires enforced collection action is referred 'to the GA0 or to the D0J for litigation.

A referral is made.as. early as possible consistent with aggressive collection

action and in any event well within the time required to bring a timely suit against the debtor.

Ordinarily, referrals will be made within one year of the NRC's final determination of the fact and the amount of the debt.

(b)-

When the merits of the NRC's claim,.the amount owed on-the

claim, or the propriety of acceptance of a

propo' sed compromise, suspension, or termination of' collection actions is in doubt, the NRC will refer the matter to the General Accounting

.0ffice for resolution and instructions prior to proceeding with collection action and/or referral to the Department of Justice for litigation.

I LL__--___-__-L-----___---___-_------

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(c) i (d)

Once a claim has been referred to GA0 or to the D0J pursuant to this subpart, the NRC will refrain from having any I

contact with the. debtor and will direct the debtor to GA0 or D0J, f

as appropriate, when questions concerning the claim are raised by the debtor.

GAO or

D0J, as appropriate, will be advised immediately by the NRC of any payments by the debtor, t

24.

Part 15 is-amended by removing i 15.63.

I i

25.

Section 15.67 is amended by redesignating paragraphs (a) and (b) as paragraphs (b) and (c),

respectively, and by e

adding new paragraphs (a) and (d) to read as follows:

l

[ 15.67 Referral to the Department of Jultice.

t (a)

Claims for which the gross originai. amount is over 1

$100,000. shall be referred to the Commercial litigation Branch, Civil Division, Department of Justice, Washington, D.C.

20530.

. Claims ' for which the gross original amount is $100,000 or less shall: be referred to the United States Attorney in whose district the' debtor can-be-found.

l (b) b (c) l

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37.

(d)

Claims will be referred to the Department of Justice in form and substance as set'out in 4 CFR 105.2.

Care will be taken to preserve all files, records, and exhibits on claims. referred under paragraphs (a) and (b) of this section.

m-Dated at Rockville, Maryland, this __

day of 1988.

i.

For the Nuclear Regulatory Commission.

Victor Stello, Jr.

Executive

. Director for Operations.

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-