[Federal Register Volume 67, Number 223 (Tuesday, November 19, 2002)]
[Rules and Regulations]
[Pages 69670-69673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29050]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service

Rural Business-Cooperative Service

Rural Utilities Service

Farm Service Agency

7 CFR Parts 1951 and 3550


Servicing and Collections

AGENCIES: Rural Housing Service, Rural Business-Cooperative Service, 
Rural Utilities Service, and Farm Service Agency, USDA.

ACTION: Final rule.

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SUMMARY: This rule explains the procedures used by certain Rural 
Development Agencies and the Farm Service Agency, Farm Loan Programs to 
refer accounts to the Department of the Treasury for administrative 
offset (TOP) and cross-servicing as required by the Debt Collection 
Improvement Act (DCIA), and by the Treasury Department's rules 
regarding the Federal Claims Collection Standards concerning 
administrative offset, cross-servicing procedures, and Treasury Offset 
of Internal Revenue Service (IRS) tax refund payments.

EFFECTIVE DATE: December 19, 2002.

FOR FURTHER INFORMATION CONTACT: Barry G. Sykes, Chief, Program 
Reporting Branch, Program Management Division, Rural Development, USDA, 
Office of the Deputy Chief Financial Officer, P.O. Box 200011, FC-351, 
St. Louis, Missouri 63120-0011, Telephone (314) 539-2222.

SUPPLEMENTARY INFORMATION: 

Classification

    This action is not subject to the provisions of Executive Order 
12866 since it involves only internal Agency management. This action is 
not published for prior notice and comment under the Administrative 
Procedure Act since it involves only internal Agency management and 
publication for comment is unnecessary and contrary to the public 
interest.

Programs Affected

    The catalog of Federal Domestic Assistance programs impacted by 
this action are as follows:

10.404--Emergency Loans
10.405--Farm Labor Housing Loans and Grants
10.406--Farm Operating Loans
10.407--Farm Ownership Loans
10.410--Very Low to Moderate Income Housing Loans
10.411--Rural Housing Site Loans and Self-Help Housing Land 
Development Loans
10.415--Rural Rental Housing Loans
10.417--Very Low-Income Housing Repair Loans and Grants
10.420--Rural Self-Help Housing Technical Assistance
10.427--Rural Rental Assistance Payments
10.760--Water and Waste Disposal Systems for Rural Communities
10.766--Community Facilities Loans and Grants
10.767--Intermediary Relending Program
10.768--Business and Industry Loans
10.770--Water and Waste Disposal Loans and Grants (section 306C)
10.854--Rural Economic Development Loans and Grants

Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. In accordance with this Executive Order: (1) 
Unless otherwise specifically provided, all State and local laws and 
regulations that are in conflict with this rule will be preempted; (2) 
no retroactive effect will be given to this rule except as specifically 
prescribed in the rule; and (3) administrative proceedings of the 
National Appeals Division (7 CFR part 11) must be exhausted before 
litigation against the Department is instituted.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act (44 U.S.C. 3507), 
the information collection requirements contained in this regulation 
have been approved by the Office of Management and Budget (OMB) under 
the provisions of 44 U.S.C. chapter 35 and have been assigned OMB 
control number 0575-0119. This rule does not revise or impose any new 
information collection requirements from those approved by OMB.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 
establishes requirements for Federal agencies to assess the effects of 
their regulatory actions on State, local, and tribal governments and 
the private sector. Agencies generally must prepare a written 
statement, including a cost-benefit analysis, for proposed and final 
rules with ``Federal mandates'' that may

[[Page 69671]]

result in expenditures to State, local, or tribal governments, in the 
aggregate, or to the private sector, of $100 million or more in any one 
year. When such a statement is needed for a rule, section 205 of the 
UMRA generally requires the Agencies to identify and consider a 
reasonable number of regulatory alternatives and adopt the least 
costly, more cost-effective, or least burdensome alternative that 
achieves the objectives of the rule.
    This rule contains no Federal mandates (under the regulatory 
provisions of title II of the UMRA) for State, local, and tribal 
governments or the private sector. Thus, the rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.

Environmental Impact Statement

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Program.'' The Agencies have determined that 
this action does not constitute a major Federal action significantly 
affecting the quality of human environment, and in accordance with the 
National Environmental Policy Act of 1969, Public Law 91-190, an 
Environmental Impact Statement is not required.

Executive Order 13132, Federalism

    The policies contained in this rule do not have any substantial 
direct effect on States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Nor does this 
rule impose substantial direct compliance costs on State and local 
governments. Therefore, consultation with the States is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
602), the undersigned have determined and certified by signature of 
this document that this rule will not have a significant economic 
impact on a substantial number of small entities. New provisions 
included in this rule will not impact a substantial number of small 
entities to a greater extent than large entities. Thus, large entities 
are subject to these rules to the same extent as small entities. 
Therefore, a regulatory flexibility analysis was not performed.

Discussion of Final Rule

    The final rule adopts the Department of Treasury (Treasury) Debt 
Collection procedures required by the Debt Collection Improvement Act 
(DCIA), Pub. L. 104-434, April 26, 1996, the Federal Claims Collection 
Standards concerning administrative offset at 31 CFR 901.3, cross-
servicing procedures at 31 CFR part 285, subpart A and Treasury Offset 
of Internal Revenue Service (IRS) tax refund payments at 31 CFR 285.2. 
The Rural Business-Cooperative Service and the Rural Housing Service, 
Community Facilities program, both part of the Rural Development 
mission area, are adopting this rule to enable it to refer delinquent 
accounts to Treasury for administrative offset (TOP) and cross-
servicing as required by the DCIA. A new section has been added 
explaining the Farm Service Agency (FSA), Farm Loan Programs (FLP) 
procedures for referring accounts to Treasury. Additional revisions 
have been made for readability and to make corrections to conform to 
Treasury regulations which have consolidated the IRS offset program 
with the Treasury Offset Program (TOP). Therefore, this rule revises 
the reference contained in the Rural Housing Service's regulations at 7 
CFR 3550.210(a) to reference the correct authorities for conducting IRS 
offsets.
    Rural Development is also revising its servicing and collections 
regulations to reflect that the Rural Housing Service, for its Single 
Family Housing and Multi-Family Housing programs and the Rural 
Utilities Service for its Water and Environmental program have 
developed their own servicing handbooks providing internal 
administrative guidance to agency personnel for their Treasury Offset 
and Cross-Servicing procedures. Farm Services Agency is amending its 
salary offset guidance to clarify when salary offset will begin and to 
clarify when notification will be sent to the borrower. There is no 
additional burden being imposed upon the public and no financial impact 
imposed on the Government or on the public as a result of this action.

List of Subjects

7 CFR Part 1951

    Accounting, Accounting servicing, Credit, Loan programs--
Agriculture, Low and moderate income housing loans--Servicing.

7 CFR Part 3550

    Direct single family housing loan and grants.

PART 1951--SERVICING AND COLLECTIONS

    1. The authority citation for part 1951 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 1932 note; 7 U.S.C. 1989; 31 
U.S.C. 3716; 42 U.S.C. 1480.

Subpart C--Offsets of Federal Payments to USDA Agency Borrowers

    2. Section 1951.101 is revised to read as follows:


Sec.  1951.101  General.

    Federal debt collection statutes provide for the use of 
administrative, salary, and Internal Revenue Service (IRS) offsets by 
government agencies, including the Farm Service Agency (FSA), Rural 
Housing Service (RHS) for its community facility program, and Rural 
Business-Cooperative Service (RBS), herein referred to collectively as 
``United States Department of Agriculture (USDA) Agency,'' to collect 
delinquent debts. Any money that is or may become payable from the 
United States to an individual or entity indebted to a USDA Agency may 
be subject to offset for the collection of a debt owed to a USDA 
Agency. In addition, money may be collected from the debtor's 
retirement payments for delinquent amounts owed to the USDA Agency if 
the debtor is an employee or retiree of a Federal agency, the U.S. 
Postal Service, the Postal Rate Commission, or a member of the U.S. 
Armed Forces or the Reserve. Amounts collected will be processed as 
regular payments and credited to the borrower's account. USDA Agencies 
will process requests by other Federal agencies for offset in 
accordance with Sec.  1951.102 of this subpart. This subpart does not 
apply to direct single family housing loans, direct multi-family 
housing loans, and the Rural Utilities Service. Section 1951.136 of 
this subpart only applies to RHS for its community facility program and 
RBS for the offset of Federal payments. Nothing in this subpart affects 
the common law right of set off available to USDA Agencies.

    2a. In section 1951.102, paragraph (b)(1) is revised to read as 
follows:


Sec.  1951.102  Administrative offset.

* * * * *
    (b) * * *
    (1) Agency means Farm Service Agency, Farm Loan Programs; Rural 
Housing Service, except direct Single Family Housing loans and direct 
Multi-Family Housing loans; and Rural Business-Cooperative Service, or 
any successor agency.
* * * * *

    3. In Section 1951.111 the introductory text and paragraph (d) (1) 
are revised to read as follows:


Sec.  1951.111  Salary offset.

    Salary offset may be used to collect debts arising from delinquent 
USDA Agency loans and other debts which

[[Page 69672]]

arise through such activities as theft, embezzlement, fraud, salary 
overpayments, under withholding of amounts payable for life and health 
insurance, and any amount owed by former employees from loss of federal 
funds through negligence and other matters. Salary offset may also be 
used by other Federal agencies to collect delinquent debts owed to them 
by employees of the USDA Agency, excluding county committee members. 
Administrative offset, rather than salary offset, will be used to 
collect money from Federal employee retirement benefits. For delinquent 
Farm Loan Programs direct loans, salary offset will not begin until the 
borrower has been notified of servicing options in accordance with 7 
CFR 1951.907. In addition, for Farm Loan Programs direct loans, salary 
offset will not be instituted if the Federal salary has been considered 
on the Farm and Home Plan, and it was determined the funds were to be 
used for another purpose other than payment on the USDA Agency loan. 
For Farm Loan Programs guaranteed debtors, salary offset can not begin 
until a final loss claim has been paid. When salary offset is used, 
payment for the debt will be deducted from the employee's pay and sent 
directly to the creditor agency. Not more than 15 percent of the 
employee's disposable pay can be offset per pay period, unless the 
employee agrees to a larger amount. The debt does not have to be 
reduced to judgment or be undisputed, and the payment does not have to 
be covered by a security instrument. This section describes the 
procedures which must be followed before the USDA Agency can ask a 
Federal agency to offset any amount against an employee's salary.
* * * * *
    (d) Notice to debtor.
    (1) After the Certifying Official determines that collection by 
salary offset is feasible, the debtor should be notified within 15 
calendar days after the salary offset determination. This notice will 
notify the debtor of intended salary offset at least 30 days before the 
salary offset begins. For Farm Loan Programs direct loans, this notice 
will be sent after the borrower is over 90 days past due and 
immediately after sending notification of servicing rights in 
accordance with 7 CFR 1951.907 of this subpart. For Farm Loan Programs 
guaranteed debtors, this notice will be sent after a final loss claim 
has been paid. The salary offset determination notice will be delivered 
to the debtor by regular mail.
* * * * *

    4. Section 1951.136 and 1951.137 are added to read as follows:


Sec.  1951.136  Procedures for Department of Treasury Offset and Cross-
Servicing for the Rural Housing Service (Community Facility Program 
only) and the Rural Business-Cooperative Service.

    (a) The National Offices of the Rural Housing Service (RHS), 
Community Facilities (CF) and the Rural Business-Cooperative Service 
(RBS) will refer past due, legally enforceable debts which are over 180 
days delinquent to the Secretary of the Treasury for collection by 
centralized administrative offset (TOP), Internal Revenue Service 
offset administered through TOP and Treasury's Cross-Servicing (Cross-
Servicing) Program, which centralizes all Government debt collection 
actions. A borrower with a workout agreement in place, in bankruptcy or 
litigation, or meeting other exclusion criteria, may be excluded from 
TOP or Cross-Servicing.
    (b) A 60 day due process notice will be sent to borrowers subject 
to TOP or Cross-Servicing. The borrower will be given 60 days to 
resolve any delinquency before the debt is reported to Treasury. The 
notice will include:
    (1) The nature and amount of the debt, the intention of the Agency 
to collect the debt through TOP or Cross-Servicing, and an explanation 
of the debtor's rights;
    (2) An opportunity to inspect and copy the records related to the 
debt from the Agency;
    (3) An opportunity to review the matter within the Agency or the 
National Appeals Division, if there has not been a previous opportunity 
to appeal the offset; and
    (4) An opportunity to enter into a written repayment agreement.
    (c) In referring debt to the Department of Treasury the Agency will 
certify that:
    (1) The debt is past due and legally enforceable in the amount 
submitted and the Agency will ensure that collections are properly 
credited to the debt;
    (2) Except in the case of a judgment debt or as otherwise allowed 
by law, the debt is referred for offset within 10 years after the 
Agency's right of action accrues;
    (3) The Agency has made reasonable efforts to obtain payment; and
    (4) Payments that are prohibited by law from being offset are 
exempt from centralized administrative offset.


Sec.  1951.137  Procedures for Treasury Offset and Cross-Servicing for 
the Farm Service Agency (FSA) Farm Loan Programs

    (a) The Farm Service Agency, Farm Loan Programs, will refer past 
due, legally enforceable debts which are over 180 days delinquent to 
the Secretary of the Treasury for collection by centralized 
administrative offset (TOP), Internal Revenue Service offset 
administered through TOP and Treasury's Cross-Servicing (Cross-
Servicing) Program, which centralizes all Government debt collection 
actions. A borrower with a workout agreement in place, in bankruptcy or 
litigation, or meeting other exclusion criteria, may be excluded from 
TOP or Cross-Servicing. Guaranteed debtors will only be referred to TOP 
upon confirmation of payment on a final loss claim.
    (b) A 60 day due process notice will be sent to borrowers subject 
to TOP or Cross-Servicing by the Director of Kansas City Finance 
Office. The borrower will be given 60 days to resolve any delinquency 
before the debt is reported to Treasury. The notice will include:
    (1) The nature and amount of the debt, the intention of the Agency 
to collect the debt through TOP or Cross-Servicing, and an explanation 
of the debtor's rights;
    (2) An opportunity to inspect and copy the records related to the 
debt, from the Agency;
    (3) An opportunity to review the matter within the Agency; and
    (4) An opportunity to enter into a written repayment agreement.
    (c) In referring debt to the Department of Treasury the Agency will 
certify that:
    (1) The debt is past due and legally enforceable in the amount 
submitted and the Agency will ensure that collections are properly 
credited to the debt;
    (2) Except in the case of a judgment debt or as otherwise allowed 
by law, the debt is referred for offset within 10 years after the 
Agency's right of action accrues;
    (3) The Agency has made reasonable efforts to obtain payment; and
    (4) Payments that are prohibited by law from being offset are 
exempt from centralized administrative offset.

PART 3550--[AMENDED]

    5. The authority citation for part 3550 continues to read as 
follows:

    Authority: 5 U.S.C. 301 and 42 U.S.C. 1480.

    6. In Sec.  3550.210, paragraph (a) is revised to read as follows:
    (a) IRS offset. RHS may take action to effect offset of claims due 
RHS against tax refunds due to RHS debtors under 31 U.S.C. 3720a and 31 
CFR 285.2.


[[Page 69673]]


    Dated: October 2, 2002.
William F. Hagy III,
Acting Administrator, Rural Business-Cooperative Service.
    Dated: October 2, 2002.
Arthur A. Garcia,
Administrator, Rural Housing Service.
    Dated: October 3, 2002.
Curtis M. Anderson,
Acting Administrator, Rural Utilities Service.
    Dated: October 25, 2002.
James R. Little,
Administrator, Farm Service Agency.
[FR Doc. 02-29050 Filed 11-18-02; 8:45 am]
BILLING CODE 3410-XT-P