ML20059G673

Advises That Encl Amend to Commission Rules in 10CFR15 Sent to Ofc of Fr for Publication.Amend Necessary to Conform NRC Regulations to Amended Procedures Contained in Federal Claims Collection Stds Issued by Gao

ML20059G673
Person / Time
Issue date:	07/25/1990
From:	Scroggins R NRC OFFICE OF THE CONTROLLER
To:	Graham B, Sharp P, Udall M HOUSE OF REP., ENERGY & COMMERCE, HOUSE OF REP., INTERIOR & INSULAR AFFAIRS, SENATE, ENVIRONMENT & PUBLIC WORKS
Shared Package
ML20059G534	List: ML20059G531 ML20059G567 ML20059G581 ML20059G584 ML20059G591 ML20059G611 ML20059G625 ML20059G640 ML20059G669 ML20059G673
References
FRN-55FR32375, RULE-PR-15 AC87-2-12, NUDOCS 9009130063
Download: ML20059G673 (11)

Text

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'g UNITED STATES J!

3 NUCLEAR REGULATORY COMMISSION 5

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WASHINGTON, D. C. 20666 July 25,1990 i

The Honorable Bob Graham Chairman SubcommitteeonNucleardegulation Committee on Environment and Public Works i

United States Senate Washington, DC 20510'

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the 3,,

enclosed amendment to the Commission's rules in 10 CFR Part 15. The amendment is newsary to conform NRC regulations to the amended procedures contained in the Federal C' des Collection Standards issued by the General Accounting Office and the U.S. Department of Justice.

The action is intended to allow the NRC to further improve its collection of debts due the United States.

Sincerely, AV.'

Ronald M. Scroggins Controller

Enclosure:

Final Rule 10 CFR Part 15 cc: The Honorable Alan K. Simpson 7

9009130063 900907 1

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UNITED STATES 1

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NUCLEAR REGULATORY COMMISSION n

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WASHINGTON, D. C. 20%D I

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1 July 25,1990 l

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The Honorable korris K. Udall,-Chairman Subcomittee on. Energy and the Environment Comittee on Interior and Insular Affairs j

I' United States House of Representatives Washington, DC 20515 l

Dear Mr. Chairman:

The NRC nas sent to-the Office of the Federal Register for publication the enclosed amenoment to the Comission's rules in 10 CFR Part 15. The amendment is necessary to conform NRC regulations to the amended procedures contained in j

the Federal Claims Collection Standards issued by the General Accounting j

Office and'the U.S. Department of Justice. The action is intended to allow i

i the NRC to further improve its collection of debts due the United States, o

Sincerely, JW

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'V Ronald N. Scroggins

,i Controller l

Enclosure:

Final Rule 10 CFR Part 15 a

cc:

The Honorable James V. Hansen 9

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'g UNITED STATES

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NUCLEAR REGULATORY COMMISSION g

WASHING TON. D. C. 20S65 l

July 25,1990 i

The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Comittee on Energy and Commerce

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United States House of Representative Washington, DC 20515 i

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for pub ~ u

.t enclosed amendment to the Comission's rules in 10 CFR Part 15.

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is necessary to conform HRC regulations to the amended procedures coi.u..- In-the Federal Claies Collection Standards issued by the General Accounting Office and the U.S. Department of Justice. The action is intended to allow l

the NRC to further improve its collection of debts due the' United States.

Sincerely, YW W

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Ronald M. Scroggins US Controller Enclosurst-Final Rult 10 CFR P6rt 15 cc: The Henorable Carlos J. Moorhead L

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1 July 25,1990

'The Honorable Philip R. Sharp, Chairman Subcomittee on Energy and Power Comittee on Energy and Comerce United States House of Representatives Washington, DC 20510

DearMb. Chairman:

i 1

The NRC has sent to the Office of the Federal Register for publication the enclosed amendment to the Comission's rules in 10 CFR Part 15. The

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amendment is necessary to conform NRC regulations to the amended procedures E

contained in the Federal claims Collection Standards issued by the General 1

1 Accounting Office and the U.S. Department of Justice. The action is j

i intended to allow the NRC to further improve its collection of debts due the United States.

Sincerely, is/, Rct.31d M. E....-

Ronald M. Scroggins Controller i

l

Enclosure:

l Final Rule 10 CFR Part 15 Identical Letters Sent To:

The Honorable Bob Graham cc: The Honorable Carlos J. Moorhead

' The Honorable Morris K. Udall l

The Honorable Alan K. Simpson pso unnnrosse,- r u u

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2 Rules and Regulations r* i **~

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Thursday. August 6.1suo l

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ygi, sessun er se FEDERAL REGISTER proposed rule by November 21.1988, Section 115 Claime shot are Covered r

i 101 C This section is revised to note that the most of whleh we h8'yed e one==an=8 h establishes procedures for the NRC to pmvisions of 10 CR pad 18 which po Cods of Federal F; '

We* is or terminate apply to civil penslties shall be specified collect compromise' claims owed to the 8'8'bged & M guss pnuent 2 4 collection action on in to CFR 2.205, to note that u a

[ [,ig poes,et Re,s.nons is asig United Stsles Government arising from previsions of to CFR part 16 do not tsy the supemanness of Daoweenes.

activities under NRC lurisdictton. The apply either to claims between Federal a

psesso af new hooks are isted in me revision implements the Federal Claims agencies, or to claims once they become

.trat FEDERAL REGISTER issue of each Collection Act as amended by the Debt subject to the alary offset provisions of week.

Collection Act and supplements the 6 USC 5514, and to expbcitly provide amendmenta to the Federal Cle%:

that fees imposed under 10 CFR parts Collection Standards. This % vision, 170 and 171 are cover-d.

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M CPR Part 15 Act.Those provisions will be implemented through the establishment The statutory citation in this secdon is Risi tsaHC87 of 10 CFR part 16 which is currently corrected to read 31 USC. 3711(b).

under development by the Commission.

Paragraph (b)is modified to include Debt Conodon Procedores in addition this rulemaking does not

" penalties, and admbistrative coots" Aeasst v Nuclear Reguisto y address the collection of etvil penalties with the exclusion ofinterest from the

,J.ommladon, under 10 CFR 2.205. NRC is considerin8 S20.000 limitation on the NRC's Acreest fined rule.

a seperste rulemaking action to specify compromise authority.

those provisions of to CFR part 18 which aussesARY:The Nuclear Regulatory apply to civil penalties assessed by NRC Section tip Omissions Not a Defense Commission (NRC)is amending its under 10 CFR 2.206.

This section is rnodified to intlude the

[8 Section by Section Analysis citation for the Federal Claims t

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which are owed in it.The amendment is Section fi1 Appli<orjon Collection Standards.

, necessary to conform NRC regulations This section is revised to make it clear Section 1113 Subdivision of Clo/nw.

to the amended procedures contained in that part 15 prescribes NRC procedures the Federal Clains Collection Standards for collecting, osmpromising.

A cross reference to the statutory and leased by the General Accoanting Office terminating, and referring claims to regulatory authority for this section is

. lCAO) and the Department of Justice CAO and DOJ, and to conform to Public added.

(Doll. '!his action is intended to allow Law 99 224.

Section fitt Written Demands for the NRC to further improve its collection Peregraph (b)(1)is modified to Payment of debts due the United States.

conform to the provisions of public I sw ePreCYtyt Daft: September 10,1990.

99 224, dated December 28,1185, which Paragraph (a)(t) is modiflod to include Poe PUstTHen sosposessATIost CoerTACT:

amended 5 U.S.C. 5584,10 USC. 2774 notice to the debtors of their right to Diane H. Dandols. Chief, Ucense Foe and 32 USC. 710 by authorizing waivers seek rwiew within the Agency, and Debt Collection Branch. Office of of erroneous payments of travel, Paragraph (a)(4)is modif ed to indicate the Controlier, UA Nuclear Regulatory transportation and relocation expenses, the date of mailing or hand delivery as Commission, Washington, DC 20655, and allowances.

the date on which payment is to he telephone (301) 492 7225.

A new paragraph (b)(2)is added to made under normal circumstances, Suppulaessif Asty IssPonssAtiost On indicate that civil monetary penalties consistent with 4 CFR part 102.

, February 22.1982 (47 FR ists), the NR?.

Imposed under to CFR 2.205 are subiact Paragraph (s)(5)is modired to include published a final rule concerning debt to special statutory and administratJve penalties and administrative costs of collect 6an procedures. Since then, the procedures.

collection in the demand for payment.

Debt Collection Act of 1982 (pub. L 97 365) was enac'ed on October 25,1982, 08CIIGA 11# UC['nitions Minor editorial changes are made to which revised the Federal Clairns This new section is added to provide paragraph (b) locluding the addition of Collection Act of 1986 (3t UAC. 3701 et definitions for the terms " administrative Popible reporting of delinquent debts to see). On March 9,1964 (49 FR 8n89),

offset," " claim and debt." " delinquent."

consumer reporung agman.

4 I

GAO and DOlissued a final rule

" license " and " payment in full" as they Section 1&J5 Penonollnterviews amending the Federal Claims Collection ere used in this part and 4 CFR parts Standards as set out in 4 CHt parts 101 101 105.

This section is modified to make 106. On October 7,19e8 (53 FR 39480).

personalinterviews discretionary on the the NRC published a proposed rule Secuan 1&J Commum. cations part of the NRC under paragraph (s) based on the n ~. ants contained in This section is revised by correcting while maintaining a requirement to the Federal Claims Collection the Commission's address for grant an interview to the debtor,il Standard *.The public was invited to communications concerning the requested, under paragraph (b).

submit written comments on the regulations in 10 CFR part 15.

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. Fedoest Register / Vct. 55, Nr.154 /.Thursd:y, August 9,1990 / Rules end Regulations

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<gW Secthn J.;J6 Use of Consumer - w

- application of payments when more 4 payments under a compromise of a.

c Reporting Agencies -

than one debt is involved. It the deb' -

~ claim,

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ny A new section is added to provide for ~ does not, however, designate the li Section 1545 Restrictions on the

' *PP cation of payments, the NRC will.

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the reporting of delinquent debts to consumer reporting agencies, notifying.

apply the payments in the best interest Compromise of a C/mm

' debtors of these actions, reporting debt of the United States.

The opening sentence of this section is status t.hmges to debtors, and limiting Section 15.37 /nterest. Pt no/ ties, and.

~ changed for clarification purposes only, I

m the information which the NRC maY Administrative Costs Section 3551 Wh8n Collect 10n Action

~

- provide to consumer reporting agencies.

This section is changed substantially. May BeSuspendedor Terminated Section 15.A Juspension or Revocation by revising its title and adding the his section is modified to indicate j

i ofLicense; following new paragraphs:

the exclusion of interest. penalties, and This section is modified to correspond Paragraph (e) provides that the administrative costs from the monetary

. more closely to the terminology used in interest rate on a debt will remain fixed

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! 4 CFR parts 101105, y

except under specified circumstances, f*

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on w y

g Paragraph (f) provides that the NRC

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Section 15.31 DisputedDebts will assess against the debtor the costp.

Section 1561 Pmmpt Reform /

This section is modified to correspond pf administratively handling a 1

' Paragraph (a) is modified to delete'the -

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• more closely to the term!aology used in delinquent debt.

,m 4 CFR parts 101105, Paragraph (g) codifies the current ' '

reference to a private collection agency l

which is now to be addressed in' the L

-/

Sect /on 1133 Contmetingfor Col 4ction NRC practice of assessing a penalty new I 15.32 discussed above. A one..

Services charge in the amount of 6 percent per annum on a debt that is delinquent for year rtierral requirement is codified for NRC action after final determination of This new section is added to provide mm than 90 d cys.This charge accrues for NRC ar*lon to collect a debt by from the date il -t the debt became the fact and tl'.e amount owed to the means of a commercial collection NRC.

delinquent.Thus, both interest and agenc, as authorized by 4 CFh ?t.6..

penalties are calculated from the some A new paragraph (blis added to 1

Wit the inclusion of this new seci.m

} -.

- 16.63 is removed from subpart E of this' initial date.

provide fer NRC referrol to GAO of Paragraph (h) provides that payments qucations concerning acceptance of a i

wiii Se applied first to outstanding Proposed compromise, suspension, or Section fd33 Collection by penalty and administrative charges, termination of collection actions in Adulnistmtive Offset then to interest, and finally to the order to obtain GAO's advice on the Y

This section is modiaed to disclose principal, matter in question.The' current be ?O year limitation on the NRC's '

Paragraph (i) codifies current NRC paragraph (b)is redesignated aa.

I authei y to initiate an administrative practice of waiving interest for debts -

paragraph (c).

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offset. l! the ayment of fees to the NRC paid within 30 days of the due date.

A new paragraph (d)is added to.

. is deferred, t e ten years will run frora Paragraph (1) codifies current NRC reflect the fact t}gt once a referral has.,

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the end of the deferral period nr any practice of waiving interest during the,

been made to CAO or DOj, the NRC will..

l; j other period the NRC subsequently,

period a disputed debt is under refrain from any contact with the debtor - !

r p i establishes.

Investigation.

and willimmediately advise GAO or -

l Paragraphs (b) and (c) of this section Paragraph ():) codifies other DOJ of any payments made by the

.l l-are changed to mal e it consistent with circumstances under which interest,

debtor, i

l the p'ovisions in 4 CFR 102.2,102.3, and penalties, and administrative costs may Section fi63 Referm/of a.C/m.m to 102.4. and 5 U.S.C. 5514. Feuvisions are be waived.

j

[L added to establish the debtor's l'rivate Agencies for Co//ect/>n L

procedural rights, to provide for seeking Smdon JE3B Use of CpRepons This section is deleted both because 9

offset from other Government agencies A new section is added to allow NRC of the new I15."-W.h addresses when they have funds due the debtor, to to institute a credit investigation of a these actions u these

. provide fu NRC acceptance of a debtor in order to make appropriate collection actions ara... 4 referralin repayment agreement in lieu of an determinations regarding the collection the truest sense, but rather reflect a Joffset, and to establish other limitations of a claim.

different form of collection action by the I

Section fiff when a claim May,Be NRC using other means.

ollection of deb owedi e ecuan 1560efermho de WSnt Section 1535 Payments The open ng sentence of this sectionis offustice Language is added to this section to changed for Jarification purposes only.

a i

clarify that charges for interest.

. A new paragraph (a)is added to

~1 a'a'!:i'* and admiai'trativ' ca*'* "itt Section 1143 Reos ns/ r Compmmisms indicate the threshold for determining to a C/mm whom the NRC will refer a claim for.

' be assessed on delinquent payments paid in full la one lump sum. In addittor This ser.clou is madified to bring it enforced collection, i.e., DOJ or the "

a

.anguage is added to explain how an into cedormity with 4 CFR part 103.

appropriate U.S. Attorney.The curren:

installment agreement will be Instituted Paragraph (c) is changed to indicate that paragraphs (a) and (b) are redesignated and applied to a debt. The significant.

collection rosts will be expended in as paragraphs (b) and (c). respectively.

i

- additions are a provision for accelerated accordancs with 4 CFR 103.4 rather ths.-

A new paragraph (d)is added to paynient in the event the debtor defaults ar. currently stated. Pasagraph (d) is indicate that the NRC must make its on in installment agreement and an r.'ivided to set out separately in a new referrals in accordance with the.

' indication that the NRC will comply pare.;pph (e) the require: ant for an guidance in 4 CFR 105.2 and that

• with the debtor's betructions in the enforceable agreement o'. Installment pertinent evidence will be preserved.

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_ fedesel Rapisier / Mot 55, No.154 /,"%radey. August 9,1990 / Rules and Regulations 32377

[M of y signifieset 'Envisessmental impose backr.x defined in to CFR I15.2 Dennniens,

.lsspost: AvailabGlty 50.109(a)(1).

Administr?tive offse't means 1

" [ des Commission has determined 1.lst of Bobjects in le CFR Part 15 withholding money payable by the

' - imular the Neuanal Eevisonmental Policy United States Government to, or held by Act s*1ses, se amended, and the.

Administrative practice and the Government for, a person to satisfy em,8 regulations in sapart A pmcedure, Debt collectics a debt the person owes the United of 10 CPR part 41, that titis rule is not a For the reasons set out i 'e States Government.

major Feders; action significently preamble and under tFe authority of the Claim and debt are used aRecting the spsallte ?! the harnan Atomic Energy Act of 11:54, as amanded, synonymously and interchangeably for sovironment and the efore an the Energy Reorganization Act of 1tr/4, the pumoses of this part. Woe terms environmental statement is not required. as amended, the Federal Claims refer to money or property which has Amendog the procedures that the NRC Collection Act cf 1986, as amended, and been determined by an appropriate NRC uses to sollect debts will have no.

5 U.Sn 552 and 533, the NRC is official to be owed to the United States e_ Oi enviromnentalimpact adopting the followir g amendments to by any person, organization, or entity, offsite and no isspect on occupstional 10 CFR part 15-except another Federal agency, radiation exposure onsite. The -

amendment does not affect pgi DeFnquent. A debt is considered nonredsological plant effluents and has PROCEDURES delinquent if i has not been paid by the no other environmentalimpact.&

date specified m the initial writtec environmental assessment and imding 1,b authority citation for part 15 la demand for payment or applicable

. revised to read as follows:

contractual agreement with the NRC et i base are lab fm

^"88'erky: Seca.161,1eek es stat. ses,956, unless other satisfactory payment I

i the NRC Public D as amended (42 UAC 2201,22ack sec. 201, se arragements have been made by that Roo 2 ao Street,NW,Ilower 1I Stat.1241 as amended 142 UAC sagt h sec.

date. If the dobtor fails to satisfy aaWagkn M.

3. Pub.L af 50& eo Stat. 308. as amended (31 obli; ations under a paymeM agreemcal U AC. m1, 3717, 3718): sec.1. Pub. L 9M5s.

w 3 the NFC after other peyment Paperwork Redoction Act Statement 90 Stat. 972 (31 USC 3713): sec. 5, Pub. L 89-arrangaments have been made, the debt.

'Iltis final rule containt no information tot 80 Stat. son, as araended (31 UAC 3716): becomes a delinquent debt.

pub. L 97-385. 96 Stat.1749 (31 U.S.C 3701 l

mliectiore requiressents and therefore is. 3719): l'ederal Claims Cotiection Standards,4

.kme mans any Heense, pennH. m not subject to th * "Nuiremmte of the CFR parts 101105.

other approvalissued by the Paperwork Reduction Act rif r. 0 (44 Commission.

U.SE 360t et seq.).

2, Section' 15.1 is amended by revisin8 Paymentinfullmeans payment of the paragraphs (a) and (blit). redesignating total debt due the United States.

,w Analy:Is paragraph (b)(2) as paragraph (b)(3), and includirw any intere st, penalty, and L

'tids final rule will bring NRC debt adding a new paragraph (b)(2) to read as administrative costs of collection -

- collection procedures into conformance foHows:

assessed against the debtor, with current statutory and regulatory i 15.1 Appucation.

4. Section 15.3 is revised to read at guidance and requirements and.

therefore, does not have significant (a) Vu.s pad appl:es to cla.ims for the follows:

impact on state and local gove*nments payment of debts owed to the United g

and geographical regions, hes,.h. safety, States Conrnant ta the form of money cad the environment; nor does it or property and; unit c, a different Um,ess otherwise specified, all represent substantial costs to licensees procedure is specifie u in a statute, communications concerning the the NRC, or other Federal agencies. This agulabon, m cont act presc.ribes regulations in this part should be constitutes the regulatory analysis for procedures by wl'.ch the NRC -

addressed to the Secretary, U.S. Naclear this rule.

(1) Collects, ccmpromises, susoends, Regulatory Comm!ssion Washington DC Regalatory Flexibellh Certification and terminates collection octions for 20555. ATTN: Docketing and Service -

claims; Branch. Communications may be In accordance with the Regulatory (2) Determinti and collects interest delivered in person to the Commission's

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I4exibility Act,5 U.S.C. 605(b). the and other dwpes on these claims: and cffices located at i1555 Rockville Pike, i ~,

' Commission certifies that this rule does (3) Refers unpaid claims to the One White Flint North, Rockville.

l j not have a significant economic impact General Accounting Office (GAO) and and 20852.

'[,

en a substanual number of small the Department of Justice (DO)) for

5. Section 15.5 is amended by revising entitics. Any irspact on a small entit(som litigation.

paragraphs (a)(1) and (b)(1), removing, i

h might occur will result solely (b) * *

• the word "and" following paragraph l 4 e cts or missba of the small entity -

(1) A cla!m against an employee for (b)(3). and by adding paragraphs (b)(5) debt to he NRk.

a m nm payment of pay and anWO to med as Mm waint un er 5

regulatory flexibility analysis has not g},\\

,s@tI I ts.5 Clem's met are covered.

been prepared.

(2) A cla:m against an applicant for, or (a)...

BeckSt Analys a -

a holderor br'ner holder of, an NRC

. (1) Results from activities of the NRC, N NRC tias determined that the license invoMag the payment of civil it:cluding fees imposed under part 170 backilt rule,10 CER 50.100, does not penalties impaed by the NRC under to and part 171: or apply to this rule, and therefore, that e CFR 2.205.

beckfit analysis is not required for tids (b) * *

• tule becesse these amendments do not

3. Section 15.2 is added to read as (1) A claim based on a civil monetrry a involve any pa;6'wus which would follows:

penalty for violation of a licensing

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33378' Federal Register / Vcl. 55. Nc.154 / Thursday. August 9.1990 / Rul:s and RegulatNns;

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. requirement unless i 2.205 of this initial written demand letter statement

- (see i 15.21(b)) to the in' ividual debtor l

d chapter provideo otherwise:

was mailed or hand delivered, unless

- stating -

.o s *--.* -

otherwise specified by contractual (i)That the payment of the debt is

' (5) A claim between Federal agencies:

agreement, established by Federal delinquent:

,m,:

and statute or regulation, or agreed to under (ii) That, within not less than 80 days

-T (6) A claim once it becomes subject to a psyment agreement):

after the date of the notification, the salary offset which is governed by 5 -

- (5) The applicable standards for NRC intends to disclose to a consumer 4,

1 3[

U.S.C. 5514 assessing interest, penalties, and reporting agency that the individual

8. In i 15.7. the introductory paragra administrative costs under 4 LFR 102.13; debtoris responsible for the dcbt:

~'

and (b) are revised to read as follows: ph (B) The applicable policy for reporting (iii) The specific information to be -

,D'j the delinquent debt to consumer disclosed to the consumer reporting q

l 15.7 Monetary Amne&m on NRC's reporting agencies, agency:and1 q'

autherNy..

(b)Unless a debtoris a current NRC (iv) That the debtor has a right to a i

The NRC's authority to compromise a y employec, the NRC shall normally send complete explanation of the debt (if that claim.or to terminate or suspend threa progressively stronger written

. has not already been given), to dispute collection action on a claim covered by - demands at not more than 30-day information in NRC records about the

1 those procedures, is limit. d by 31 U.S.C.

intervals, unless t.ircumstances indicate debt, and to request reconsideration of, D

3711(4) to claims that -

that alternative remedies better the Government's interest, that tgrotect the debt by administrative appeal or e

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e review of the debt.

! (b) Do not exceed $20,000, exclusive of debtor has explicitly refused to pay, or -

(3) The NRC has sent at least one.

3 Interest, penalties, and sdministrative that sending a further demand is futile, written demand by either registered or costs (the monetary limitation).

Depending upon the circumstances of certified mail with the notification

7. Section 15.9 is amended by revihg the particular case, the second and third described in paragraph (a)(2) of this paragraph (a) to read as follows:

pmando may --

se 10 f 18.9 Omienions not a defense.

(2) State the amount of the interest initial decision on the debt when the

(

t (i)The failure of the NRC to include and penalties that will be added on a debtor has requested a review under in this part any provision of the Federal 1 daily basis as well as the administrative

$ 15.26(a)(2)(iv).

Claims Collection Standards,4 CFR costs that will be added to the debt until (5) The NRC has taken reasonnale -

pa*ts 101 105, does not prevent the NRC the debt is paid; and action to locate a debtor for whom the from applying these provisions.

(3) * *

• NRC does not have a current addrest to a

(Ill) Possible reportli.q of the send the notification pmvided for in -

a. Section 15.13 is revised to read i.

. delinquent debt to consumer reporting paragraph (a)(2)of this section.

follo.ve:

- ~

agencbs in accordance with the.

(b If there is a substantial change in the c)ondition or amount of the debt,

$ fl.13 SutnNvision of claims.

guldance and standards contained in 4 3

CFR 102.5 and the Nhc procedures set NRC shall-,-.

s The NRC shall consider a debtor's forth in i 15.26:

(1) Promptly disclose that fact (s) to -

liability arieing from a particular.

o each consumer reporting agency to j.-

transaction or contract as a single claim

11. In i 15.25, the introductory lyxt of which the original disclosure was made;

' c in determining whether the claim is less i

than the monetary limitatfort for the paragraph !a)is ravised to read ai (2) Promptly verify or correct -

purpose of compromising or suspending infomation about a debt on request of a,

folgow,:

t-consumer reporting agency for -

or terminating collection action. A claim ' f 15.26 Personallnierviews, verification of Information disclosed by may not be subdivided to avoid the (a) The NRC may seek an interview the NRC: and,

~ monetary limitation established by 31 with the debtor at the offices of the NRC (3) Obtain assurances from the

' ':. 3711(a)(2) and i 15.7.

whan -

. consumer reporting agency that the

,e heading of subpart B is revised i

agency is complying with all applicuble 4.

'.s read as follows:

. 12. A new $ 15.26 is added to raad as Federal state and locallaws relating to Subswt B - Adminletrative Collection foggow,.

Its use.Iconsumer credit information.

~

(c) The information the NRC discloses of Claims i 15.26 Use of consumer reporting to the consumer reporting agency is i

y

.10. In I 15.21, paragrup'hs (b)(3)(lii),

agenries.

limitef to-(iv), and (v) are redesignated as (a)In addition to assessi.qiinterest, (1).Jormation necessary to establish l

Paragraphs (b) respectively; pa(3)(lv), (v), and (vi), ' p. na)tles, and administrative ensts the identity of the individual debtor,.,

ragraphs (a)(1),(a)(4),

under ? 15.37. the NRC may re art a.

Including name, address and taxpayer :

(a)(5), and (a)(6). the introductory text of debt that M been delinquent for 90 identification number:

.N4

. paragraph (b), and paragraph (b)(2) are days to a consumer reporting agency if

-(2) The amount. status, and history of v revised; and a new paragraph (b)(3)(tfi).

all the conaitio'lo uf this paragraph are.

the debt: and we.o -

l'. sdded to read as follows:, -....

met.

(3) The NRC activity under which the &

(1)The debtor has not -

l 15.21 Wrntee demande forpayment.

(i) Paid or agreed to pay the debt.. _

debt arose..

(a) * * * ^

13. Section 1E.29 is revised to read [s the r)ight of the debtor to seek review (1 The basis of the indebtedness and-and tallows.

r i

been signed by the del-and agreed to by the NRC: or

$ 15.29 Suspension or revocatien of within the NRC:

(ii) Flied for review of the debt under lisense.

..+

1

• I 15.26 (a)(2)(Jv).

The NRC may suspend or revoke any ' i 14 The date on which payment is to (2)The NRC has included a license or approval which the NRC has - ? f be m)ade (which is normally the date the na!!fication in the third written demand granted to the debtor for any.

./4 3h 3

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Fede/al Register / Vol. 55 No.154 / Thursday August 9,1090 / Rults and Rigulations 32379 inexcusable, prolonged, or repeated and standards contnined in 4 CFR 102.2, the debtor. lf the debt is delinquent and failure of the debtor to pay a delinquent 102.3, and 102.4 and 5 U.S.C. 5514, as the debtor has not disputed its existence debt. Before suspending or revoking any applicable. The NRC may not initiate or amount, the NRC may accept a 7@

license or apprcs al for failurt to pay a administrative offset to collect a debt repayment or payment agreement in lieu debt. the NRC shall issue to the debtor more than 10 years after the of offset only if the debtor is able to an Order tc Show Cause (by either Government's right to the debt first establish under sworn affidavit that registered or certified mail) why the accrued, unless facts material to the offset would result in undue sinancial license or other privilege should not be Government's right to collect the debt hardship or would be against equity and suspended or revoked. The NRC shall were not known and could not good conscience.

allow the debtor no more than 30 days reasonably have been known to the (4) Administrative offset is not

o pay the d.bt in full, including NRC or collection of " approval" fees has authorized with respect to -

I-applicable interest, penalties, and been deferred under 10 CFR art 170. If

( ) Debts owed by any State or local l

+

sdministrative costs of collection of the the collection of " approval eeshas government:

delinquent debt. The NRC may suspend been deferred, the ten-year period or revoke the license or approval at the begins to run at the end of the deferral (ii) Debts once they become subject to end of this period. If a license is revoked period.

the salary offset provisions of 5 U.S.C.

l 5m or under authority of this part, a new (b) Collection by administrative offset

[

epplication, with appropriate fees, must of amounts payable from the Civil (iii) Any case in which collection of t

i be made to the NRC. The NRC may not Service Retirement and Disability Fund, the type of debt involved by l

consider sa application unless all the Federal Employees Retirement administrative offset is explicitly prev us delinquent debts of the debtor System or other similar funds is made provided for or prohibited by another u

to tv NRC have been paid in full.

pursuant to 4 CFR 102.4 and the statute.

provisions of perograph [d) of this (5)The NRC reserves the right to take

14. In l 15.31, pairagraphs (a) and (b)

Minn.

any othe* action in respect to offset as is

}

are revised to reed as follows:

(c) Salary offset is governed by 5 permitted under 4 CFR 102.3.

(

f

.31 (Maputed eshts.

U.S.C. 5514.

(d) The followin procedures apply

17. Section 15.35 is amended by (a) A debtor who disputes a debt shall d

by revising paragraphs (a) and (b) to read explain why the debt is incorrect in fact

,$t 8 ny p en o or in law within 30 days from the ris;'

to a deotor or against the assets of a that the initial demand letter was mailed licensec.

I 15.35 Payments.

l or hand-delivered. The debtor may ei m the offad is made, the NRC (a) Pcyment in full. The NRC shall

'f ~ l!

support the explanation by affidavits, Vdte o

cancelled checks, or other relevant make every effort to collect a claim in

(

{

n e of t e n da m

evidence.

• 9"*"'"'

(b)If the debtor's arguments appear to deb' fotice of the NRC's intent to d

aim pa n ne ump sum ak H d'

1 (1) becomes Mnquet, me E shau l

l have merit, the NRC may extend the collect the debt by offset-Interest waiver period a: described in (ii) An opportunity to inspect and impose charges for interest, penalties.,

and administrative costs as specified m l

i 15.37 (j) pending a final determination copy NRC recntds pertaining to the t 15.37.

l of the existence or arnount of the debt.

debt',

(iii) An opportunity to request (b) Poyment in installment-If a j

15. Section 15.32 is added to read as reconsideration of the debt by the NRC debtor furnishes satisfactory e, der ne m follows:

or. if provided for by statute. waiver of inability to pay a claim in one lumt

{

the debt.

payment in regular mstallments may be l

(iv) An opportunity to enter into a

" ranged. Evide-

• may consist of a l

cial staten.eut or e uned l

written agreement with the NRC to 8..,

The NRC may contract for collect on repay or pay the debt. as the case may s5 nent that the debtv, splication services in order to recover dettnquent fi a loan to enable the debtar to pay I

befv) An explanstion of the debtor's debts. llowever, the NRC retains the me claim in full was rejected. Except for l

authority to resolve disputes, rights under this subpet: and a claim described at 5 U.S.C. 5514, all compromise claims, suspend or (vi) An opportunity for a hearing installment payment arrangements must terminate collection action, and initiate when required under the provisions of 4 be in writing and require the payment r f l

enforced collection through litigat;on.

CFR 102.3(c).

interest, and administrative charges.

i When appropriate, 'he NRC shall (2)If the NRC learns that other (1) Installment note forms, including cetract for collection services in agencies of the Federal government are confess.ludgment notes, may be used.

I ac dance with the guidance and holding funds payable to the debtor, the The written installment agreement must standards contained in 4 CFR 102.0.

NRC shall provide the other agencies contain a provision accelerating the

10. In i 15.33, paragraphs (a), (b). and with written certification that the debt is debt payment in the event the debtor l

(c) are revised: paragraph (d) is owed to the NRC and that the NRC has defaults. lf the debtor's financial j

redesignated as paragraph (e), and a complied with the provisions of 4 CFR statement discloses the ownership of l

new paragraph (d) is added to read as 102.3. The NRC shall request that funds assets which are free and clear of itens l

follows:

due the debtar which are necessary to or security interests, or assets in which i

oiiset the debt to the NRC be transferred the debtor owns an equity, the debtor f

i 15.33 CoNection by admsustrative to the NRC.

may be asked to secure the payment of I

(1) The NRC may accept a repayment an installment note by executing a (a) The NRC may administratively or payment agreement, as appropriate.

Security Agreemerst and Financing undertake collection by offset on each in lieu of offset, but will do so only af ter Statement transfemng to the United I

claim which is liquidated or certain in balancing the Government's interest in States a security interest in the assets I

amount in accordance with the guidance collecting the debt against fairness to until the debt is discharged.

f l

bu

3

. Federal Rygister / Vol. J5, No.154 / Thu'rsdqy, August 9,1990 / Rules and Rzgul:tions 33380 (2)if the debter owes more than one (h) Amounts received by the NRC as Cencral of the United States or designee debt and desigantes how a voluntary partial or installment payments are may effect the compromise of a claim installment payment is to be applied applied first to outstanding penalty and that arises out of an exception made by among those debts, the NRC shat! follow administrative cost charges, second to the CAoir the account of an that deslanation. lf the debtor does not accrued interest, and third to accountable officer, including a claim designate the app;bHan of the outstanding principal, against the payee, prior to its referral by payment, the NRC shall apply the (i)'fhe NRC shall waive collection of GAO f~ litigation.

payment to the various debts in inte-est on the debt or any portion of the accordance with the best interests of the debt which is paid in full within 30 days

21. In i 15.43, paragraph (b) is United States, as determined by the after the date on which interest began t amended by inserting a comma between the words " claimed" and "either," by facts and circumstances of the particular accrue.

case.

(l} The NRC may waive interest during revising paragraphs (c) ud (d), und by the period a debt disputed under i 15.31 adding paragraph (e) to read as follows:

18. Section 15.37 la revised to read as is under investigation or review by the i 15.43 Reasons for compromising a follows:

NRC. Ilowever, this additional waiver is otatm.

not automatic and must be requested 6 16.37 Interest, pensities, and before the expiration of the initial 30-(c) The cost of collecting the claim administre#wo costa, day walver period. De NRC may grant does not justify the enforced collection (a) ne NRC shall assess interest, the additionai waiver only when it finds of the full amount. The NRC shall apply penalties, and administrative costs on merit in the explanation the debtor has this reason for compromise in debts owed to the United States submitted under i 15.31.

accordance with the guidance in 4 CFR Government in accordance with the (kl The NRC may waive the collection 103.4.

guidance provided under the Federal of interest, penalties, and administrative (d) The NRC shal! determine ti.e Claims Collection Standards,4 CFR costs if it finds that one or more of the debtor's inability to pay, the 102.13 unless otherwise directed by following conditions exist:

Covernment's ability to e'orce statute, regulation, or contract.

(1) The debtor is unaF nay any collection, and the amounts which are (b) Before assessing any charges on significant sum toward t within a acceptable in compromise in accordance

&8inquent r'ebts, the NRC shall mail or reasonable period of tl with the Federal Claims Collection had.delivor a written notice to the (2) Collection of inte

naltit Standards,4 CFR part 103.

debtor ext.laining its requirements and administrative costs wid leopaidh.e (e) Compromises payable in concerning these charges under 4 CFR collection of the principal of the debt:

installments are discouraged, but, if 102.2 %d 102.13.

(3) The NRC is unable to enforce necessary, must be in the form of a ic) interest begins to accrue fre'n the collection in full within a reasonable legally enforceable agreement for the date on which the initial' written time by enforced collection proceedings; reinstatement of the priorindebtedness demand, advising the debtor of the or less sums paid thereon. The agreement interest requirements, is first mailed or (4) Collection would be against equity also must provide that in the event of hand delivered to the debtor unless a and good conscience or not in the best default -

different date is specified in a statute, interests of the United States, including (1)The entire balance of the debt regulation, or contract.

the situation in whi h an administrative becomes immediately due and payable:

(d) The NRC shall assess interest offset or installment payment agreement und based upon the rate of the current vale is in effect.

(2) The Government has the right to of funds to the United States Treasury

10. Section 15.38 is added to read as enforce any security interest.

(the Treasury tax and loan account rate) r llows o

prescribed for the current quarter and i15A5 (M) published in the Federal Register and i 15.38 Use of credit reports.

2. In the first sentence of i 15.45. the the Treasury Financial Manual Bulletins.

The NRC may institute a credit word "or" is corrected to read "nor."

unless a different rate is prescribed by investigation of the debtor at any time

23. Section 15.51 is revised to read as statule, regulation, or contract, following receipt of knowledge of the follows:

(e) Interest is computed only on the debt in order to aid NRC in making principal of the debt nd the interest appropriate determinations as to:

6 15.51 when conection action may be rate rtmcins fixed for the duration of the (a) The collection and compromise of evapended or terminated.

'ndebtedness, unless a debtor defaults e debt:

The tiRC may suspend or terminate on a repayment agreement and seeks to (b) The collection of interest, collection action on a claim not in enter into a new agreement.

penalties, and administrative costs:

excess of the monetary limitation.

(f) ne NRC shall assess against a (c) The use of adminisirative offset:

exclusive of interest, penalties, and debtor charges to cov r administrusive (d) The use of other collection administrativo costs. after deducting the costs incurred as a result of a delinquent methods: and amount of partial payments,if any,if it debt. Administrative costs may include (e) The likelihood of collecting the has not been referred to GAO or to dol costs incurred in obtaining a credit debt.

for litigation.

report or in using a private debt

20. Section 15.41 is revised to read as

24. Section 15.011s amended by collector, to the extent they are follows:

redesignating paragraph (F) as attributable to the delinquency.

paragraph (c). revising paragraph (a).

(g)ne NRC shall assess a penalty 1 15.41 when a eleim may t*

and adding new paragraphs (b) and (d) charge of 6 percent a year on any compromhed, to read as follows:

portion of a debt that is delinquent for The NRC may compromise a claim not more than 90 days. The charge accrues in excess of the monetary limitation if it i 15.s1 prompt roterret.

retroactively to the date that the debt has not been referred to GAO or to DOJ

9) A claim which requires enfoTed became d, hnquent.

for litigation. Only the Comptrolier collection action is referred to CAO or

fg '

ll Em -

3-m

").

33381 y[

g.j Fe4ssel Register / Vel; 55, Na,154 / Thursday. August 9,1990 / Rules cnd Regulations MK ]g,%

yn G 30l forlitigation. A referralis made i g[ ',

y O1 'agyensive collectica action and in any -

g Jos early as posalble consistent with y

I E L seent well within the time required to h$

bring a timely soit against the debtor.

M / Ordinarily, retarrels are made within -

U 6 ene year of the NRC's final -

"V deterialnation of the fact ano the gN emount of the debt..

W Y

- (b)When the merits of the NRC's -

<d,,

hj claim, the amount owed on the claim, or

% the proriety of acceptance of a >

I. ' '

,',. propo,vd compromise, suspension, or. -

dr, termination of collection actions is in -

J-NW doubt, the NRC shall refer the matter to -

M 1 the CAO for resolution and instructions

+

'.c "r prior to proweding with collection

action and/or referral to DO) for

• u "e

y(

' litigation.

gg, n.+ 7 *,

+-.*

(d) Once a claim has been referred to -

i CAO or to DO] under this subpart, the -

1 NRC shallrefrain from having any 3l contact with the debtor and shall direct

-the debtor to CAO or DO), as M L,i; appropriate, when questions concerning the claim are raised by the debtor,The

.. NRC shall immediately advise GAO or 1

- DO], as appropriate, of any payments by

the debtor, U

' $ 15.63 ( (Removed) -

25. Section 15.63 is removed!

~ 26. Section 15.67 le amended by

• edosignating paragraphs (a) and (b) as

, paragraphs (b) and (c), respectively, and =

, by adding new paragraphs (a) and (d) to s

read as follows

'

E

. ) i 16.87 ' eleterval to the Department of s -

g;+

i; Jussee,

. (a) Claims for which the gross original -

4 iamount is over $100,000 must be referred -

te the Commercial Litigation Branch. cl i 1

' Civil Division, Department of justice, n Washingto:L DC 20530. Claims for which 1

• the gross original amount is 3100,000 or

-less must be referred to the United.

% a 6

States Attorney in whose district Ge

= debtor can be found.

L' i

,m (d) Claims must be referred to the -

,t Department of Justice in the manne Nh oI-q

- prescribed by 4 CFR 105.2. Care must be ?

m.

~

' te%n to preserve all files, records, and s

us:

^. er thits on claims referred under -

4, "

peregraphs (a) and (b) of this section.

. Deted at Rockville, Maryland, this 27th day

' ofluly teso..

For the Nuclear Regulatory Commission.

i lames M. Taylor,

. Eaecutive Directorfor Operations.

'. (FR Doc, so 19611 Filed S-8-90; BAS em]

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