[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Proposed Rules]
[Pages 42817-42818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20444]



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[[Page 42818]]


RAILROAD RETIREMENT BOARD

20 CFR Parts 366 and 367

RIN 3220-AB09


Collection of Debts

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) proposes to amend its 
regulations pertaining to the collection of debts by offset against 
other Federal payments and against tax refunds to authorize use of 
these collection methods for collection of debts from businesses.

DATES: Comments must be submitted on or before September 18, 1995.

ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 Rush 
Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:
Michael C. Litt, General Attorney, Bureau of Law, Railroad Retirement 
Board, 844 Rush Street, Chicago, Illinois 60611, (312) 751-4929, TDD 
(312) 751-4701.

SUPPLEMENTARY INFORMATION: Part 366 of the Board's regulations deals 
with collection of debts by means of offset from Federal tax refunds 
through referrals to the Internal Revenue Service. This procedure is 
authorized by 31 U.S.C. 3720A. Part 367 deals with the collection of 
debts by administrative offset under the authority of the Debt 
Collection Act of 1982, 31 U.S.C. 3716. As currently in effect, the 
Board's regulations as to tax refund offset and administrative offset 
apply to individual debtors only. The Board believes that amendment of 
these regulations to authorize these collection procedures against 
business debtors will facilitate collection of debts which may be owed 
to the Board.
    The Board, with the concurrence of the Office of Management and 
Budget, has determined that this is not a significant regulatory action 
under Executive Order 12866. Therefore, no regulatory impact analysis 
is required. Information collections associated with this rule have 
been approved by the Office of Management and Budget.

List of Subjects in 20 CFR Parts 366 and 367

    Railroad employees, Railroad retirement, Railroad unemployment 
insurance.

    For the reasons set out in the preamble, title 20, chapter II, 
parts 366 and 367 of the Code of Federal Regulations are proposed to be 
amended as follows:

PART 366--COLLECTION OF DEBTS BY FEDERAL TAX REFUND OFFSET

    1. The authority citation for part 366 continues to read as 
follows:

    Authority: 45 U.S.C. 231f(b)(5); 31 U.S.C. 3720A.


Sec. 366.1  [Amended]

    2. Section 366.1 is amended by removing the word ``individuals'' 
and adding in its pace the word ``debtors''.
    3. Section 366.2 is amended by revising the introductory text, and 
paragraphs (a), (b), (e), and (f) to read as follows:


Sec. 362.2  Past-due legally enforceable debt.

    A past-due legally enforceable debt which may be referred to the 
Internal Revenue Service is a debt:
    (a) Which arose under any statute administered by the Board or 
under any contract;
    (b) Which is an obligation of a debtor who is a natural person or a 
business;
* * * * *
    (e) With respect to which the rights regarding reconsideration, 
waiver, and appeal, described in part 260 or 320 of this chapter or in 
other law, if applicable, have been exhausted;
    (f) With respect to which either:
    (1) The Board's records do not contain evidence that the debtor has 
filed for bankruptcy under Title 11 of the United States Code; or
    (2) the Board can clearly establish at the time of the referral 
that the automatic stay under section 362 of the Bankruptcy Code has 
been lifted or is no longer in effect with respect to the debtor and 
the debt was not discharged in the bankruptcy proceeding;
* * * * *


Sec. 366.2  [Amended]

    3. Section 366.2(j) is amended by removing the word ``individual'' 
and adding in its place the word ``debtor''.
    4. Section 366.2(k) is amended by removing the word ``individual'' 
and adding in its place the word ``debtor''.


Sec. 366.6  [Amended]

    5. Section 366.6(c) is amended by removing the words ``individual 
owing the debt'' and adding in their place the word ``debtor''.
PART 367--RECOVERY OF DEBTS OWED TO THE UNITED STATES GOVERNMENT BY 
ADMINISTRATIVE OFFSET

    6. The authority citation for part 367 continues to read as 
follows:

    Authority: 45 U.S.C. 231f(b)(5); 31 U.S.C. 3716.

    2. Section 367.2 is amended by revising the introductory text and 
paragraph (a), (b), (e), and (f) to read as follows:


Sec. 367.2  Past-due legally enforceable debt.

    A past-due legally enforceable debt which may be referred to 
another governmental agency for administrative offset is a debt:
    (a) Which arose under any statute administered by the Board or 
under any contract;
    (b) Which is an obligation of a debtor who is a natural person or a 
business;
* * * * *
    (e) With respect to which the rights described in part 260 or 320 
of this chapter or the applicable law regarding reconsideration, 
waiver, and appeal, if applicable, have been exhausted;
    (f) With respect to which either:
    (1) The Board's records do not contain evidence that the debtor has 
filed for bankruptcy under Title 11 of the United States Code; or
    (2) The Board can clearly establish at the time of the referral 
that the automatic stay under section 362 of the Bankruptcy Code has 
been lifted or is no longer in effect with respect to the debtor and 
the debt was not discharged in the bankruptcy proceeding;
* * * * *


Sec. 367.2  [Amended]

    8. Section 367.2(i) is amended by removing the word ``individual'' 
and adding in its place the word ``debtor'', and by removing the words 
``that person'' and adding in their place the words ``the debtor'';
    9. Section 367.2(j) is amended by removing the words ``such 
individual'' and adding in their place the words ``the debtor'';


Sec. 367.7  [Amended]

    10. Section 367.7(c) is amended by removing the words ``individual 
owing the debt'' and adding in their place the word ``debtor''.

    Dated: August 11, 1995.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 95-20444 Filed 8-16-95; 8:45 am]
BILLING CODE 7905-01-M