[Federal Register Volume 65, Number 110 (Wednesday, June 7, 2000)]
[Notices]
[Pages 36165-36166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14291]


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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 August 7, 2000.

ADDRESSES: Comments are to be submitted in writing to Mark Wolkow, 
Department of Labor, Office of the Chief Financial Officer, Room S-4502 
Frances Perkins Building, 200 Constitution Ave. NW, Washington, DC 
20210; via fax to 202-219-4975; or via email to [email protected].

FOR FURTHER INFORMATION CONTACT: Mark Wolkow, Division of Policy and 
Internal Control at 202-219-8184 x127, or via email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Debt Collection Act of 1982 and the Office of Personnel 
Management salary offset regulations, as

[[Page 36166]]

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 typically not be available to the agency unless submitted 
by the debtor.

II. Desired Focus of Comments

    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.

III. 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.
    Type of Review: Extension of a currently approved collection.
    Agency: Office of the Chief Financial Officer.
    Title: Salary Offset.
    OMB Number: 1225-0038.
    Agency Form Number: N/A.
    Affected Public: Federal employees.
    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.
    Estimated Total Burden Hours: 375.
    Total Annualized Costs: Capital/startup costs: $0; operating/
maintaining systems or purchasing services: $0.
    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 23, 2000.
Kenneth Bresnahan,
Chief Financial Officer.
[FR Doc. 00-14291 Filed 6-6-00; 8:45 am]
BILLING CODE 4510-23-P