[Federal Register Volume 68, Number 183 (Monday, September 22, 2003)]
[Notices]
[Pages 55063-55064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24078]


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DEPARTMENT OF LABOR


Office of the Chief Financial Officer; Extension of Information 
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 as 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 (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure 
that requested data could 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 
various provisions of the Debt Collection Act of 1982 (Pub. L. 97-365), 
including Disclosure of Information to Credit Reporting Agencies; 
Administrative Offset; Interest, Penalties and Administrative Costs.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before November 21, 2003.

ADDRESSES: Address all comments concerning this notice to Thomas Stein, 
Department of Labor, Room S-4214 Frances Perkins Building, 200 
Constitution Ave. NW., Washington, D.C. 20210: 202-693-6832 (phone); 
202-693-6964 (fax); [email protected] (email).

SUPPLEMENTARY INFORMATION: 

I. Background

    The Debt Collection Act of 1982, the Debt Collection Improvement 
Act of 1996 (Pub. L. 104-134), and the Federal Claims Collections 
Standards, as implemented in the Department of Labor by 29 CFR Part 20, 
require Federal agencies to afford debtors the opportunity to exercise 
certain rights before the agency reports a debt to a credit bureau or 
makes an administrative offset. In the exercise of these rights, the 
debtor may be asked to provide a written explanation of the basis for 
disputing the amount of existence of a debt alleged owned 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 the agency 
official responsible for collection of the debt in order to reconsider 
his/her initial 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 agency official responsible for collection of 
the debt to determine whether the agency's action with regard to 
administrative offset or the assessment of interest, administrative 
costs or penalties 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. Presumably, the agency's initial determination would not change 
without the submission of new information.
    Information such as the debtor's assets, income, and liabilities 
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:
    [sbull] 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;
    [sbull] 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;
    [sbull] Enhance the quality, utility, and clarity of the 
information to be collected; and
    [sbull] 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 agency 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.
    IV. Type of Review: Extension without change.
    V. Agency: Office of the Chief Financial Officer.
    VI. Title: Disclosure of Information to Credit Reporting Agencies; 
Administrative Offset; Interest penalties and Administrative Costs.
    VII. OMB Number: 1225-0030.
    VIII. Affected Public: Individuals or households; businesses or 
other for-profit; not-for-profit institutions; small businesses or 
organizations; farms; Federal employees.
    IX. Cite/Reference/Form/etc: It is estimated that 10% of the 
individuals and organizations indebted to the Department will contest 
the proposed collection action and will request an administrative 
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, administrative review of

[[Page 55064]]

the determination of indebtnesses, 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\3/4\ hour time 
allotment to prepare and type a letter. Debtors will not be asked to 
respond on a form.
    X. Estimated Total Burden Hours: 12,250.
    XI. Estimated Total Burden Cost:
    Estimated annual cost to the Federal Government: $969,080.
    Estimated annual cost to the respondents: $293,370.
    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 part of public record.

    Dated: September 15, 2003.
H. Greg James,
Associate Deputy Chief Financial Officer.
[FR Doc. 03-24078 Filed 9-18-03; 12:01 pm]
BILLING CODE 4510-23-M