ML20059G591
| ML20059G591 | |
| Person / Time | |
|---|---|
| Issue date: | 08/10/1987 |
| From: | Rich Smith NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Fonner B, Johnson G, Ragan H NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20059G534 | List: |
| References | |
| FRN-55FR32375, RULE-PR-15 AC87-2-06, NUDOCS 9009130030 | |
| Download: ML20059G591 (38) | |
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- AUG 10 W
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NOTE TO:
b Graham Johnson, ARM /DAF Hudson Ragan, 00 Bob Fonner, OCC FROM:
Ron Smith, OGC W
SUBJECT:
REVISION OF 10 CFR PART 15 As you are aware, Part 15 has been in need of revision for some time now, particularly since the passage of the Debt Collection Act of 1982, which amended the Federal Claims Collection Act of 1966.
Further, revised regulations were issued on this subject jointly by CAO and the Justice Department in 1984.
Part 15 was last looked at in early 1982. As requested, although Hudson Regan's shop has normal responsibility for this part, l have revised it in accordance with the latest provisions contained in 4 CFR Parts.
101-105.
Although the bulk of the revisions to hrt 15 are conforming in nature, there is one major substantive change, i.e., that a hearing will no longer be required in order to suspend or revoke a license for nonpayment of i
fees under Par.s 170 or 171.
I believe this chan0e to be authorized by 4 CFR 4
Part 102 and not in contravention with 6186, AEA, or i 9(b), APA.
(Revision of Part 15 was also identified as a need by the recent review. of NRC fees program under OMB Circulars 123 and 127.)
I will be out of the office on leave during the period August 17-28.
If your comments / suggestions can be returned to me by August 28, I can incorporate them and pass the action to G.
Johnson, for Commission approval and publication of the proposed revision of Part 15 in the Federal Register.
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9009130030 900907 l
PDR PR 15 55FR3237S
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10 CFR Part 15 Debt Collection Procedures i
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AGENCY: Nuclear. Regulatory Commission.
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ACTION:. Proposed Rule.
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SUMMARY
- The ' Nuclear Regulatory Commission is proposing to. amend Part 15 of its regulations to incorporate changes required -by 31. U.S. C.
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3711(e)(2), as amended. - The procedures are based upon the Federal Claims Collection Standards issued by the General Accounting Office (GAO) and the U.S. Department of Justice (DOJ), as amended on March 9,: 198g 49 FR 8896.
-The revised procedures will enable the NRC to further improve its collection of debts due the United States.
DATES:
Submit comments by
, 1987.
Comments received after e
o this. date will' be ' considered if it is practical to do so, but assurance of consideration. cannot' be given except as to comments received on or before this' date.
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i 2-ADDRESSES:
Send comments to:
Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, ATTN: Docketing and Service Branch, bW gav /
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Hand deliver comments to:
Room 1121,1717 M Street NW, Washington, 7 CC between 8:15 a.m. and 5:00 p.m.
Ecamine comments received at : The NRC Pubic Document Room,1717 H ?-
Street NW, Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Graham D.
Johnson, Director,
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Division of Accounting and Finance, Office of Administration and Resour M
Management, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-7535.
SUPPLEMENTARY INFORMATION: On February 22,
- 1982, the Nuclear Regulatory Commission published a final rule concerning debt - collection o/ Mw dm itsf A /p ar..yA fn cs.v,;,14 2g' L~
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orocedures (47 FR. 7615)'.
the Debt Collection Act of 1982, uA )
V Public' Law 97-365 was enacted on October 25, 1982 which revised the Federal Claims Collection Act of 1966.
On March 9,1984, the General Accounting Office and the Department of Justice issued a final rule amending the Federal i/
Claims Collection Standards, as set out in 4 CFR Parts 101-105.-
The
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proposed revisions will bring Part 15['1,0 CFR. Into conformance wlth those 3
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gtanilar'ds~gfhe flgnifican( chan'ge/Is \\,that a hearing will not l "t L
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required prior to suspension or revocation of a license for nonpayment of dh l R.
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riebt except in very limited circumstances as outlined in the new section
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Section by Section Analysis
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l.15.1 Application.
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This section is being revised to more clearly Identify that Part 15
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termination of agency collection, and referral to GAO and the DOJ.
A new been o
paragraph has.aise 4Hr added to make it clear that nonpayment of fees under; (p 10 CFR Parts 170 and 171 are abo subject to the collection procedures and standards of Part 15.
4 i 15.2 Definitions.
This new section is being added to provide definitions for the terms.
administrative offset, claim and debt, consumer reporting agency, delinquent debt,-license, and payment in full as they are used in this part and il CFR Parts 101-105.
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6 15.5 Claims that are covered.
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This section is being revised to add claims between Federal agencies as not ' being covered under Part 15.
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1.15.7 Monetary limitation on NkC's authority.
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.The statutory citation in this section is being corrected to rer.:: 01 U.S.C. 3711(b).
Paragraph (b) is being modified to include " penalties, and administrative costs" with the exclusion of Interest from tho $20,000 limitation on NRC compromise authority.
$ 15.9-Omissions not a defense.
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This-section is being modified to include the citation for the Federal Claims Collection Standards.
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-i 15.13 Subdivision of claims.
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-t A cross reference to the statutory and regulatory authority for this section Is being added.
6 15.21 Written demands for payment.
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Subparagraph (a)(1) is being modified to include notice to the debtors of their right to seek review within the agency.
Subparagraph (4) is being
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y modified to Indicate the date of malling or hand delivery as the due date under normal circumstances, consistent with 4 CFR Part 102.
Subparagraph (5) Is being modified to include penattles and administrative costs of collection in the demand for payment.
Minor editorial changes are made to
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i 15.25 Personal Interviews.
This section is being modified to make such Interviews discretionary on the part of the NRC under paragraph (a) while maintaining a requirement to l
grant'an Interview to the debtor, if requested, under paragraph (b).
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i 15.76 Use of consumer reporting agencies.
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- f the reporting of changes in-tfe debtor's tiebt-statos, and,limliationiren gp, 9
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9 Q:{ )information which the NRC may provide to consumer reporting agencies, o
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'l l'15.29 Suspension or revocation of license.
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elimin te the show cause being/ea r:amodified to This section is 2
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,, e requirement when-it--is-proposed-to suspend cr7 evoke a license T6s 9
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.in.accordance-with4 CFRa PartH102r a
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hear 4ng-15"nTf~rTq'uIre'd'TvhMWoWy'IssiIE'Is'the nonpayment-of_.a_.dcht to the_NeGr Nevertheless, the debtor is given notice by registered mall and ample opportunity to pay the debt prior to implementation of any suspension or revocation action.
It should also be understood that the debtor, prior to
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such an action, will have been given ample opportunity to ' dispute the debt y
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pursuant to i 15.31.
Finally, th6'section provides for the circumstances which will lead to reinstatement of the license, either by payment of the debt j
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in the case of suspension or by a new application in the case of a revoked illeense.
i 15.32 Contracting for collection services.
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This new section-is added to provide for NRC action to collect a debt by means of a commercial collection agency, as authorized pursuant to 4 CFR L102.6.
With the inclusion of this new section, i 15.63 is being removed from-Subpart E of this part, i
i 15.33 Collection by administrative offset.
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This section is being modified to express the 10 year limitation on the
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in the case of a deferral of the g
payment of fees to the NRC, -the ten years will run from the end of the deferral period 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 consistent
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deleted-inJavof the-new section'1ST34-based on-the^ guidaTcbDCFR LR
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- P#Fl518 Provisions are added' to provide' for seeking offset from other
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Government agencies when they have funds due the debtor, acceptance by'
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L the NRC of a repayment eDreement in lieu of an offset, and other limitations i
on the use of administrative offset in the collection of debts owed the NRC.
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5 15.34 Review or reconsideration of a debt.
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'This new section is being added to provide that in the main the NRC will not grant a hearing in determining indebtedness, but rather will rely on the i
written record in making such decisions.
Hearings are provided for in instances where credibility or veracity aro at issue.
The NRC justifies this
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i fact that almost all debts to the NRC are questionable, if at all, on the basis of mathematical or factual error on the part of the NRC (e.g., the debt was-improperly calculated or inspection costs were attributed to the wrong license) 'rather than becau.=e of a substantive factual dispute which would be decided on the basis of testimmy.
This proposed change is consistent with the restrictions contained in section 9(b) of the Administrative Procedures Act (5 U.S.C. 558(b)) and the authority proy nder Subchapter ll of' v
Chapter 37 of Title 31, U.S.C.
6-15.35 Payments, i
7 Language is being added to this section to clarify how an installment-agreement will be instituted and applied to a debt. The significant additions are a provlsion for accelerated payment in the event the debtor defaults on a
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-e-Installment agreement and that the NRC will comply with' the debtor's instructions in the application of payments when more than one debt is
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However, if the debtor does not so designate, the NRC will apply i
the payments in the best interest of the United States.
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i 15.37 Interest, penalties, and ~ late payment administratise costs.
l This section is changed substantially by adding the following new paragraphs:
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-3 Paragraph' (e) provides that the NRC will assess against the debtor the costs of administratively handling a delinquent debt.
Para 0raph (f) codifies the NRC practice of assessing. penalty charges in j
q the amount of 6 percent per annum on dellnquent debts beginning 91 days 'after ' the delinquency but retroactive to the original due date.
Th'us, both Interest and penalties are calculated' from the same initial date.
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L outstanding penalty and administrative charges, then to Interest, and finally to the principal.
L Paragraph (h) codifies current NRC practice of walving interest for L
debts paid within 30 days of the due date.
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I 15.43 Reasons for compromising a claim.
e4y This section is being modified to bring it into conformande with Itke a
proviskm-cor.taincQ,in 4 CFR Part 103 Paragraph (c) is changed to 1
Indicate the standard of enforced collection costs in accordance with 4 CFR j
103.4 rather than as currently stated.
Paragraph (d) is being divided to set out separately in a new paragraph (e) the requirement for an enforceable i
agreement of installment payments under a compromise of a claim.'
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5 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.
t i 15,61 Prompt refe ral.
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 is codified for NRC action after final determination of the fact and the amount owed to the NRC.
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J A new paragraph (b) is being added to provide for NRC referral to ACAO of questions concerning receptance of a proposed compromise, b".
suspension, or termination of collection actions in order to obtain CAO's l
y advice en the matter in question.
The current paragraph (b) will be A
redesignated as paragraph (c).
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A new paragraph (d) is being added to reflect the fact that once a 4
q3 referral has been made to CAO or the DOJ, the NRC will refrain from ~any contact with the debtor and will immediately advise CAO or the DOJ of'any payments mode by the debtor.
6 15.63 Referral of a claim to private agencies for collection.
This section is being deleted both because of the new settlon 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
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action by the NRC using other means.
i 515.67 Referral to the Department of Justice.
A new paragraph (a) is being added to indicate the threshhold for to whom the NRC will refer a claim for enforced collection, i.e., the DO) or the appropriate U.S. Attorney.
The current paragraphs (a) and (b) are being redesignated'as paragraphs (b) and (c), respectively.
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A, new paragraph _ : (d)L is being added to. Indicate.that ' the ~ NRC must i
make its referrals in accordance with the guidance in 4 CFR 105.2 and that' pertinent cvidence will be p.'eserved. -
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M ENVIRONMENTAL IMPACT STATEMENT l
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.This proposed rule does not sl0nificantly affect. the environment.-
An
~ environmental impact statement is. not required-under the _- Na tional j
' Environmental' Policy Act of 1969, as amended, l
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H PAPERWORK REDUCTION ACT STATEMENT I
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This-proposed rule contains no new reporting and record keeping u
requirements and - therefore is not -_ subject to review by_ the - Office of L
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Management and. Budget under the Paperwork Reduction 1 Act of 1980, as
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amenced. (44 U.S.C. 3501 et seq.).
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I RECULATORY ANALYSIS
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'This ~ proposed rule will' bring NRC debt collection procedures into L
Jconformance with current statutory and regulatory guidance' and
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requirements and,. as such, does not have significant impacts on state and W
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environment; nor -does It represent substantial costs to licensees, the NRC, g-i
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This constitutes the regulatory analysis for this:
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REGULATORY FLEXlBILITY CERTIFICATION t
In accordance with the Regulatory Flexibility. Act, 5 U.S.C. 605(b),.the
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' Commisslo.: certifies that this rule does not have a significanti economic impact - on a subs +antial'. number of small entitles.
Any impact on a small entity which might occur. will~ result soley from the acts or omissions of the 1
smM1 entity concerned because of its failure to pay a valid debt to the.'NRC.;
L As a' result, a regulatory flexibility analysis has not been prepared.-
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LIST OF SUSJECTS IN 10 CFR PART 15 Administrative-practice and. procedure, Debt collection.
i For the reasons set out in the preamble and under: Outhority of the i
Atomic Energy Act of 154, as amended, the Energy Reorganization Act of 1974, as amended,- the Federal Claims Collection Act of 1966, as amended,.
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and 5; U~.S.C. 553, the NRC is proposing to adopt-the following amendments
. to 10 _CFR ' Part 15.
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PART 15
-DEBT COLLECTION PROCEDURES i
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g Subpart: A - Appilcation'and Coverage:
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'M i ~ 15.1 l Application, m
15.2: Definitions,
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15.5 Claims that are covered.
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(15.7 : Monetary limitation' on NRC's authority.
k 115.9 Omissions not a defense.
15.11 ; Conversion claims.
15.13 Subdivision of-claims..
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- Subpart B..
. Administrative Collection of Claims.
N 15.211: Written demands :for payment.
15.23 Telephone'ir)quiries and investigations.
15.25: Personal interviews. -
15.26 Use of constimerc reporting agencies.
.15.27 Contact with debtor's employing' agency.
15.29' Suspen'slon:or revocation of a ~ license.-
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.15.31: Dispu.ted debts.
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~ 5.32 Contracting for -collection services.
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-15.33. Collection by offset.
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',15(3bReview and-rec ~o7ETd~eration-of-debts &
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15.35 Payments.
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' TL E15'.37( interes't' an ' late ' payment charges..
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. Compromise of a Claim' i
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[15 '. 4 ? Reasons for compromising a claim.
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- 15.45 m.trictions on the compromise of a claim.
15.47 Finality of a comph mise, i
,Subpart D - Suspension or Termination'of Collection Action t
15.51' When: collection action may be suspended er terminated.-
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15.53 ' Reasons for. suspending ~ collection action.
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15.55 Reasons for _ terminating collection. action.
j 15.57: -Termination of collection action.-
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15.59 Transfer.' of a claim.
i Subpart E -.. Referral of a Claim
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'15.61-Prompt referral.
l 15.65' Referral of a compromise offer.
.15'.67 Referral to the Department of Justice.
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The authority section for Part 15 is revised to read as ' follows:
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.r AUTHORITY:
~ Secs. 161, 186, 68 Stat. 9'48, 955, as amended. (42 l
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U.S.C. 2201, 2236); sec. 201 88 Stat.1242, as amended :(42 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. 972 (31 U.S.C. 3713); sec. 5, Pub.'
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'L.89-508, 80, Stat. 308, as amended (31 U.S.C.
3716); Federal Claims Collection Standards, 4 CFR Pi 101 -105 ~.
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Section 15.1 is amended by revising paragraph (a), redesignating 95 subparagraph -(b)(2)- as (b)(3), and adding a new subparagraph (b)(2) to i
read as follows:
t i 15.1 App'ication.
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-(a)1 These orocedures. prescribe NRC _ standards for the administrativ 9
.g I1 collection,. compromise, suspension, and termination of ' collection actionsJ
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referral. to; the-General ' Accounting Office and to t'e Department of Justice' i)?
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w}gf,h for litigationf ollection actions)and a'ppfy to clairr., fo 17:
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,e I-(owed to-the United States -In the form of money or property. unless - a B
different procedure is specified in a statute, regulation, or contract.
For some debts these procedures apply after special statutory and administrative-procedures are exhausted,
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A claimL against an applicant for or 'a holder of an NRC license involving the' payment of various fees. pursuant to 10 CFR Parts 170 and 171.:
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Section 15.2 is added to rea. Ss follows:
-.j i 15.2-Definitions, f
" Administrative offset" me ns a procedure by :which monies otherwise'
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dua the ' debtor from the United States are used to offset or satisfy a. portion r
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or all of a debt or claim of the United States against tho debtor.
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'! Claim and debt" are synonymous and interchangeable and refer 'to -
. money or property which has been determined by an appropriate-NRC official-
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.to - be " owec' to the United States by - any person,: organization, or entity,
~except another Federal agency.
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"Concumer reporting agency"- has-the meaning provided in 31 U.S.C.
s 3701(a)(3)..
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- Delinquent debt" means a debt which has not been. paid by the date-N I
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. specified in - the NRC -demand for payment or billing statement, or as
,i otherwise' established under this chapter, e.g.,10 CFR 171.19.
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" License" means any license, permit, or other approval Issued by the i
Commission.
" Payment'- in full" means payment of the total debt due. the United q
States, including-any interest, penalty, and administrative costs of collection j
- assessed against the debt.
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. Section-15.5 is amended.by removing the word "and" at. the end of -
-i subparagraph (b)(3) and by adding the-word "a nd "
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' subparagraph ' (b)(4).
A new subparagraph (b)(5)- is added as - follows:<
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- f 515.5' Claims that are covered.
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(5) Claims between Federal agencies.
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Section 15.7 is amended by revising the-statutory citation to read "31 0.S.C.
Dnd by revising sub' paragraph (b) to read as follows:
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5 15.7 Monetary limitation on NRC's-authority.
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Do' not exceed $20,000, exclusive of L Interest, penalties ~, and'-
administrative costs (the monetary limitation).
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Section 15.9 - is amended by revising.- paragraph (a) 'to read. as a
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(a) The failure of the NRC to include in this part any provision of the Federal Claims Collection Standards, 81 CFR Parts 101-105, does. not prevent the NRC from applying said. provisions, which aie incorporated herein by.
- reference.
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Section 15.13 is revised to read as follows:
t 615.13 Subdivision of claims, o
.i 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-
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" 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-a section 15.7 of 'this part.
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The title' for Subpart B is being corrected by deleting the word."a"-
8.
i- -
and changing the word. " Claim" to read " Claims."
f i
i 9.
. In - 5 15.21,' subparagraphs (b)(3)(Ill),
(iv),
ar'd (v)'~are redesignated as (b)(3)(lv), (v), and (vi), respectively, and ;he remainder r
of'the.section is' revised to read as follows:
a q
6 15.21 ~ Written demands for payment, j
t (a)-
(1)
The basis of. the indebtedness and the right of the debtor to seek review within the NRC; L
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(2) t I.,
(3) y
(
- /.(4)
The date payment is due (The due date is normally 30 days from o
l,.
the-date the initial written demand. or billing statement was malled or hand.
^
r delivered, unless otherwise stipulated-- under-this = chapter; e.g r, 10 - CFR q
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171.19. ) ;-
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The applicable standards for assessing interest, penalties, and l
administrative costs.
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- W (b). Unless a debtor ls a current NRC employee, the NRC wl'!! normally send three progressively stronger written demands _ at not more than' 30-day' Intervals, unicss' circumstances indicate that alternative remedies better
- protect the Governement's interest, that the debtor has explicitly refused to pay, or that sending additional demands is futile.-
Depending upon the circumstances _of the particular case, the second and third demands may--
(1)
=sJ
.(2) ' State the amount of the daily late payment charge (s) that will be.
sdded to the debt until the debt is paid; and
.c 4
(3)' *
(iii) - Possible reporting of 'the delinquent debt to consumer reporting agencies:-
t' A
10.--
In 615.25, paragraph (a) is amended in the first line by changing
- the word "shall" to "may."
/'
11.
A new 615.26 is added to read as follows:
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.l_,15.26 'Use of consumer repor.ing agencles.
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(a) When an Individual debtor has not--
(1) paid or agreed-to pay the debt under a written payment plan that has been - signed by the debtor and agreed to by the Chairman, or his
' designee; or (2) filed for review of the debt under 615.34 of this part,-
('T i
I
_ the. NR I take action in accordance with paragraph (b) of this section.
j (b)
When a debt has been delinquent for 90 days, in addition-to a'
assessing penalty and administrative costs pursuant to i 15.37 of this part,
.the Chairman, or his designee, will notify the individual debtor by certified mail--
f (1) -that payment of the debt is overdue; (2), that, within not less than 60 days after the date of such notice,
.the. NRC Intends to disclose to a consumer reporting agency that the individual-debtor Is-responsible for-the debt; o
(3) of the specific information to be disclosed to the consumer
- ( reporting. agency; and I -
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(11)' that'the Individual debtor has a right to a-complete explanation of
- ths debt (if that has not already been'given), to dispute information in NRC rgq ds about the debt..and to administrative repeal or review of the-debt.
Y 4p
'(c)
- 1) 'If there is a substantial change in condition or amount-of the
, @p, 9ebt, he NRC will disclose promptly that fact (s) to each consumer reporting' q
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agency to which the original disclosure was made.
p.
(2)
The NRC will verify or correct promptly information about a debt on request of a consumer reporting agency for verification of information idisclosed by,the NRC.
The NRC will get assurances from' the,consum r rgporting ag/.
(3) ency
&V r ed ' L Am I;e y
that the-gency is complying with ali aws oQe-Unitnl St s relatep to 7
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$j c pr.oviding k_nsumer credit information.)
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The information the NRC will disclose to the consumer reporting j
b agency-is-limited to--
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~
(1)
Information necessary to establish the identity of the Individual.
debtor, including nbme and address; i :.
(2) the amount, status, and. history of the debt; and 1
y
\\(3) the NRC program under which the debt arose.
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W 17.. Section 15;29 is revised to read as follows:
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i 15.29 Suspension or revocation of license, g
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t For any delinquent debt or repeated delinquency in payment of debt,.
the NRC may suspend or revoke any license or other privilege which the
-NRC has -Oranted to the debtor.
Prior to suspending or revoking any -
license for failure to ' pay. a debt, the NRC will notify the debtor - by registered mall of its intent to suspend or. revoke the' license and the
- reasons therefore.
The debtor will be allowed no more than 30 days to pay the-debt in full, ' including applicable interest, penalties, and administrative' q
costs of collection of.the delinquent debt.
The proposed suspension or f
a i
revocation 'will-take effect automatically at the ~end of the period without
[
further action by the NRC.
A suspension will. remain = in effect entil full payment is made-or for no more than 60 -days, if full payment is not.made I
within the ' suspension' period, the license will be revoked automatically at the end of the suspension period without further action by the NRC.
Payment l
in full of. the. debt within the suspension period will result in automatic reinstatement of the license, absent any suspension or revocation action-
. pursuant to Part 2 of this chapter.
If a license is revoked under authority l
of this part,. a new application, with appropriate fees, must be made to the Commission.
Such an applicatior. will not be considered unless all previous 1
t debt to the NRC has been paid in full.
- u 13.
Section 15.32 is added to read as follows:
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- 615.32 Contracting for collection services.
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.v The NRC has-the authority to, contract. for collection services In order
-i to' recover delinquent debts and, when deemed appropriate to do so,- will
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services in accordance with ' the guidance and
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contract: for. collection
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' standards contained in 4 CFR 102.6.
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In 5 -15.33,. paragraph (c) is deleted, paragraph. (d) is 1
redesignated as paragraph (c), and paragraphs (a)' and (b) are revised to i
read as follows:
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i 15.33 Collection by administrative offset.
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(a).
The-NRC may administratively undertake collection by offset on/4 /Mj each claim which -is liquidated or certain. In amount [.
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The 'NRC may not -
gy9 y
initiate administrative offset to collect a debt more than(10 -years after the.
' Government's right to the - debt. first accrued,. unless facts. material to the q
Government's right to collect the debt were not known 'and could not j
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reasonably have been known to the NRC, or. collection of fees has been deferred under other provision of this chapter, in the. latter case, the
, ten-year period begins to. run at the end of the deferral period.
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(b)
The following procedures apply when the NRC seeks to collect a
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debt. by offset against accrued pay, compensation, accrued benefits or the
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' amount of retirement credit due to-a _ prese'nt or it mer Government employee t
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'or against the; ass,ets of licensee',
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(2)' Before the offset is madet,
b.
. y[(f); The NRC will provide the debtor a written notice of the nature and Nmount of the debt and--
- f (A) -Notice of the NRC's intention to collect the debt by offset;
.p jDt (D). An-opportunity to inspect and copy NRC records pertaining.to the
- debt;-
(C)
L An opportunity to requestE reconsideration of the debt-byL the NRC;Latul W h / M kl g k g W M
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' O./i '(D)1 n opportunity to enter into a written agreement with the NRC to A
- repay or pay the debt, 'as.the case may be
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-- $(3)
If the NRC learns that other agencies of the Federal government
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'are holding ~ funds payable to the debtor, the Controller of ' the NRC, or his/her ' designee, will provide the other agenc(%; ith documentation ~ of Oes) w g,.
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. the debt to - the NRC-and will request 'that funds due the' debtor and-
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necessary to offset the debt.to the NRC be transferred-to the NRC, (4)
The NRC may accept a repayment or payment agreement, as 4
appropriate, in lieu of offset, but will do so only after balancing. the
- Government's !nterest in collecting the debt against fairness to the debtor; I'
If the debt is delinquent,.and the debtor has not disputed ds existence-or amount, the NRC will accept a repayment or payment agreement in lieu-of offset only if the debtor. tc able to establish under sworn affidavit that offset would result in undue financial hardship or would be against equity and good conscience.
(5). Administ'rative offset is not authorized with respect to--
(1) Debts owed by any State or local Government; or (ll) Any case in which collection of the type of debt involved by administrative offset is explicitly provided for or prohibited by another statute.
(6)
The NRC reserves the right to take any other action in respect to offset as is permitted under 4 CFR 102.3.
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Section!15.34 is added to read as follows:~
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( l)t 15.34 u u W. V/ d r
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Review or reconsideration of 'a debt.
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Debts payable to the. NRC rarely involve issues - of credibility or veracity in determining the fact or amount of Indebtedness or in considering
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a.'walver of indebtedness. - Therefore, pursuant to. 4 CFR 102.3(c),the NRC has determined that hearings will not be conducted for the purpose of offset y
/ '"o~r 'other disputed claims.
Instead the NRC will make decisions concerning j
]f disputed claims and
- a requests for waiver or reconsideration-based upon a
-I review of the written record.
Should an occasion arise where credibility-or.
1' veracity is at issue, an. oral. hearing wil' be conducted under.-the procedures contained in 4-CFR 102.3(c)..
l l
16.
Section 15.35 is amended by revising paragraph (b) to read :as L~
follows:
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5 15.35 Payments.
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~(b)
' Payment in installments.
If a debtor furnishes satisfactory :
evidence of Inability. to pay a claim in full prior to the due date, payments i
in installments may be arranged.
Evidence may consist of a financial y
statement or a signed statement that the debtor's app!Ication for a loan to y
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= b Except for a debt
' enable the debtor to ' pay the claim -in full: was rejected.
described at 5 U.S.C. 5514, all Installment payment arrangements shall-be reduced to writing and require the payment of interest.
(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 the debtor defaults.
if the debtor's financial' statement discloses the ownership of assets-which are free and clear of liens or security Interests, or assets in which the debtor owns an equity, the debtor may - be asked to secure the payment of an installment note by' executing e Security Agreement and Financing Statement transferring to thei 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 how - a voluntary installment payment is to be applied as camong 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
- g
- various debts in accordance with the best interest of the United States, as -
determined by the facts and circumstances of the particular case.
17.
Section 15.37 is amer.ded by revising paragraphs (a) and (b) and adding paragraphs (e)-(h) te read as follows:
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s (a)
Interest begins-to accrue from the due date specified in the initial l,
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' written demand ([r billinD statement sunless a different date is specified in a
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statute, regulation, or contFact.~
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.a.
Initially asserted by the NRC after N-[r[2,1 is /
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. If a debt, (b) i
. not paid in full on or before the due date, the NRC shall assess a late.
payment interest charge based upon the prevelling rate of Interest (updated
' quarterly) required. by the Treasury Fiscal Requirements Manual Bulletins, unless a different rate. Is prescribed by statute, regulation, or. contract.
AThis rate reflecQpegho,rt-term value of funds to the Treasury Department and is pub {lzed)ln the Federal Register) A late payment interest charge is
' assessed for each day after the due date, subject. to - the 30-day interest waiver provision in paragraph (h) of this section,
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-The NRC wili t assess against a debtor charges to cover
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adminisiFitive. costs /i lriedrred
'is' a
resulf of a
delinquent.
A.bt._-
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- Administrative costs may, l$clude costs incurred in obtaining a credit report "i
or 'In using a private debt collector, to the extent they are attributable to the delinquency.
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, - (O ())
The 'NRC will assess a penalty charge of 6 percent a year on any
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l portion of's _ debt that is delinquent for more than 90 days.
The - charge _ will
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g be; calculated beginning the 91st dd}'of delinquency, but shall accrue from
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the~ original due date-of-the written-demand [r billing sta'tement[_
}+
Debts paid in partial or Installment payments will be applied first
- to outstanding penalty and administrative costs charges, second to accrued -
Interest, and third to outstanding principal.
Qj(h)- The NRC will walve collection of Interest on the debt which is paid in full within 30 days after the date on which interest began to accrue. The NRC will-walve Interest -during the period a disputed debt, pursuant to $
15.31, is -under investigation or review by the NRC.
However, such a walver is ;not automatic and must be ' requested prior to the expiration-of the initial 30-day' walver. period described herein.
The NRC will grant such an-additional waiver only : when it finds 1 merit In' the claim of the debtor as submitted under section 15.31 of this part.
'18.
In i 15.41, the first sentence is corrected by changing it to read':
5 6 15.41-When a claim may be compromised.
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The NRC may compromise a claim not in excess of the monetary limitation if it has not been referred to the GAO or to the DOJ for litigation.
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- 19.
Section 15.43 is. amended by _ correcting: 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 revising paragraphs (c)-
through-(e) to read as follows:
I 15.43 Reasons for compromising a claim.
-(c)
The cost of. collecting the claim. does not ' Justify the enforced collection of the full amount.
Application of this reason for compromise will' m
be 'in accordance with the guidance in 4 CFR 103.4
- (d)
T'he 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.
-(e)
Compromises payable in installments arc discouraged, but,.lf 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 event of default--
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-(1)'. The ; entire balance of the ' debt becomes ' immediately _ due and
. payable; and a-(2)
The Government has the right to enforce any security interest.
-20.-
In 5 15.45, in the second line, the word "or" is corrected to read-
"nor."
9 21.
Section 15.51 is' revised to read as follows:
f.-~ ~
515.51 When collection action may be suspended or terminate'd.
- The NRC may' suspend or terminate collection action on ta claim not in 8
excess,.of-the monetary limitation, exclusive ~ of interest, penalties, and administrative costs, after deducting the amount of partial payments; lf any, if it has not been referred to the GAO or to the DO) for litigation.
22.
- 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 GAO or to the. DOJ 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, i
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!f6ct and the amount of the debt.
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- (b) When the merits of the NRC's claim, the amount owed-on the claim,-
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{ ;r orithe' propr,lety of acceptance of a ~ proposed compromise, suspension, or -
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1,f : termination of collection actions ir4j in doubt, the NRC will refer the matter y
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for litigation.
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.(c)
.(d)
Once a claim has been referred to GAO or to the DOJ pursuant to cinis ' subpart, the LNRC will refrain from having any contact with the debtor
}
. and will direct the debtor to GAO or DOJ,-as appropriate, when questions
- concerning' : the claim are raised by the debtor.
GAO or DOJ, as i
appropriate, will be advised immediately by the NRC of any payments by' the debtor.
4 i 22.
Part 15 ls amended by removing $ 15.63.
23.
Section 15.67 is amended by redesignating paragraphs (a) and (b) s, as paragraphs (b) and-(c), respectively, and by adding new paragraphs (a)
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and (d) to read as follows:
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~ g f 15.67 Referral to the Department of Justice.-
(a)
Claims for whle,h the gross original amount is over $100,000 shall-be referred to the Commercial Litigation Branch, Civil Division, Department of Justico, Washington, D.C. 20530.
Claims for which the gross original
-amount is $100,000 or less shall be referred to the United States-Attorney in whose district the debtor can be found.
(b) *
(c)
(d)' Claims ~ will be referred to the Department of Justice in form and -
substance as set out in 4 CFR 105.2.
Care will be taken to preserve all
. filt =., records, and exhibits on claims referred under paragraphs (a)- and (b) of this section.
Dated at Dethesda, Maryland, this day of
, 1987.
For the Nuclear Regulatory Commission.
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Victor Stello, L r.'
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Executive Director for Operations.-
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. LIST OF DOCUMENTS COMPRISING REGULATORY HISTORY FOR FINAL AMENDMENTS T0 o E
R
- 10'CFR'15, DEBT COLLECTION PROCEDURES PUBLISHED IN THE TEDERAL REGISTER -
J ON AUGUST 9,.1990(55FR32375-32381),
Date of Document-Description-
~
5/3/90 Note to Jim Lieberman, Director, OE, from Doug Weiss, OC/DAF, to review final draft.
y 10 CFR 15.
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5/3/90 Note to Don Hassell, 0GC, from D'oug Weiss, t
OC/DAF to review final draft of 10 CFR 15.
' 5/8/90.
Memo for David Meyer, "$/RPB, from Brenda Jo Shelton, IRfi/DISS, for concurrence on final package of 10 CFR 15.-
5/11/90 Memo to Diane Dandois, Chief, LFDCB, from David
^
Meyer, Chief, RPB, for minor changes to finalc draft of.10 CFR 15.-
6/18/90 Note'to Don Hassell, 0GC; Jim Lieberman, OE;-
Don Grimsley, DFIPS, from Doug Weiss,0C/DAF,;
to concur on final 10 CFR 15 amendments,
.q n
- 7/9/90 Memo to Ron'Scroggins, Director,J0C;-from; Ed Halman, Acting Director,? ADM,= comenting; on final rule prior to publication.
~
I 7/25/90 Memo for James Taylor, EDO, from Ron Scroggins, Controller.
Subject:
Promulgation of Final r
Rule on Debt Collection Procedures. Publish
~
e Rule in the. Federal: Register and. notify
'j,h4 Congressional Comittees.
,A 4.f 18/9/90 Federal Register Notice dated 8/9/90
- +
.o (55FR32375-32381) publishing final ys amendment:to 10 CFR 15, effective date
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9/10/90.
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