[Federal Register Volume 62, Number 101 (Tuesday, May 27, 1997)]
[Notices]
[Pages 28734-28735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13800]


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DEPARTMENT OF LABOR


Office of the Chief Financial Officer; Proposed Collection; 
Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Office of the Chief Financial Officer is soliciting 
comments concerning the proposed extension of Department of Labor 
regulations implementing the Salary Offset provision of the Debt 
Collection Act of 1982.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before July 28, 1997.
    The Department of Labor is particularly interested in comments 
which:
    * Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    * Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    * Enhance the quality, utility, and clarity of the information to 
be collected; and
    * Minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.

ADDRESSES: Mark Wolkow, Department of Labor, Room S-4502 Frances 
Perkins Building, 200 Constitution Ave. NW, Washington, D.C. 20210; 
202-219-8184 x123 (phone); 202-219-4975 (fax); mwolkowdol.gov (email).

SUPPLEMENTARY INFORMATION:

    I. Background: The Debt Collection Act of 1982 and the Office of 
Personnel Management salary offset regulations, as implemented in the 
Department by 29 CFR part 20, require Federal agencies to afford 
debtors the opportunity to exercise certain rights before the agency 
makes a salary offset to collect a debt. In the exercise of these 
rights, the debtor may be asked to provide a written explanation of the 
basis for disputing the amount or existence of a debt alleged owed the 
agency. A debtor may also be required to provide asset, income, 
liability, or other information necessary for the agency to determine 
the debtor's ability to repay the debt, including any interest, 
penalties and administrative costs assessed.
    Information provided by the debtor will be evaluated by an 
independent hearing official in order to reconsider the responsible 
agency official's decision with regard to the existence or amount of 
the debt. Information concerning the debtor's assets, income, 
liabilities, etc., will be used by the independent hearing official to 
determine whether the agency's action with regard to salary would 
create undue financial hardship for the debtor, or to determine whether 
the agency should accept the debtor's proposed repayment schedule.
    If a debtor disputes or asks for reconsideration of the agency's 
determination concerning the debt, the debtor will be required to 
provide the information or documentation necessary to state his/her 
case. While much or all of this information might be available in 
agency records, it would only be appropriate to offer the debtor the 
opportunity to supply any information deemed relevant to his/her case.
    Information concerning the debtor's assets, income, liabilities, 
etc., would

[[Page 28735]]

typically not be available to the agency unless submitted by the 
debtor.
    II. Current Actions: Failure of the agency to request the 
information described would either violate the debtor's rights under 
the Debt Collection Act of 1982 or limit the agency's ability to 
collect outstanding debts.
    If a debtor wishes to appeal an agency action based on undue 
financial hardship, he/she may be asked to submit information on his/
her assets, income, liabilities, or other information considered 
necessary by the hearing official for evaluating the appeal. Use of the 
information will be explained to the debtor when it is requested; 
consent to use the information for the specified purpose will be 
implied from the debtor's submission of the information.
    III. Type of Review: Extension without change.
    IV. Agency: Office of the Chief Financial Officer.
    V. Title: Salary Offset.
    VI. OMB Number: 1225-0038.
    VII. Agency Number: N/A.
    VIII. Affected Public: Federal employees.
    IX. Cite/Reference/Form/etc: It is estimated that 25% of the 
individuals indebted to the Department will contest the proposed 
collection action and will request a review and/or appeal an action 
based on undue financial hardship. In some cases the debtor will make 
one request, but not the other. However, in most cases, it is expected 
that the debtor will request both actions--first, review of the 
determination of indebtedness, and second, relief because of undue 
financial hardship.
    Annual burden was estimated based on a review of debtor responses 
to similar requests for information. Debtors typically respond in 1-2 
page letters, supplemented by copies of documents. Letters are most 
often typewritten. Annual burden is based on a 1\1/4\ hour time 
allotment to prepare and type a letter. Debtors will not be asked to 
respond on a form.
    X. Estimated Total Burden Hours: 375.
    XI. Estimated Total Burden Cost:
    Estimated annual cost to the Federal Government: $31,485.
Estimated annual cost to the respondents: $8,136.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for Office of Management and 
Budget approval of the information collection request; they will also 
become a matter of public record.

    Dated: May 20, 1997.
Mark M. Wolkow,
Financial Systems Analyst.
[FR Doc. 97-13800 Filed 5-23-97; 8:45 am]
BILLING CODE 4510-23-M