[Federal Register Volume 72, Number 194 (Tuesday, October 9, 2007)]
[Rules and Regulations]
[Pages 57198-57199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19755]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Parts 19, 21 and 22

[Docket Number: 070216039-7495-02]
RIN 0605-AA24


Commerce Debt Collection

AGENCY: Office of the Chief Financial Officer and Assistant Secretary 
for Administration, Department of Commerce.

ACTION: Final rule.

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SUMMARY: This rule adopts as final the revised Department of Commerce 
(Commerce Department or Commerce) debt collection regulations to 
conform to the Debt Collection Improvement Act of 1996, the revised 
Federal Claims Collection Standards, and other laws applicable to the 
collection of non-tax debts owed to the Commerce Department. This rule 
also adopts as

[[Page 57199]]

final Commerce's regulations governing the offset of Commerce-issued 
payments to collect debts owed to other Federal agencies.

DATES: This rule is effective October 9, 2007.

FOR FURTHER INFORMATION CONTACT: Lisa Casias, Deputy Chief Financial 
Officer and Director for Financial Management, Office of Financial 
Management, at (202) 482-1207, Department of Commerce, 1401 
Constitution Avenue, NW., Room 6827, Washington, DC 20230. This 
document is available for downloading from the Department of Commerce, 
Office of Financial Management's Web site at the following address: 
http://osec.doc.gov/ofm/OFM%20Publications.htm.

SUPPLEMENTARY INFORMATION:

Background

    This rule revises and replaces Department of Commerce debt 
collection regulations found at 15 CFR Parts 19, 21 and 22 to conform 
to the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104-
134, 110 Stat. 1321, 1358 (Apr. 26, 1996), the revised Federal Claims 
Collection Standards, 31 CFR Chapter IX (Parts 900 through 904), and 
other laws applicable to the collection of non-tax debt owed to the 
Government. The Department of Commerce made additions and revisions to 
15 CFR Part 19, and deleted 15 CFR Parts 21 and 22 to consolidate and 
streamline the debt collection regulations.
    This regulation provides procedures for the collection of non-tax 
debts owed to Commerce Department entities. Commerce adopts the 
Government-wide debt collection standards promulgated by the 
Departments of the Treasury and Justice, known as the Federal Claims 
Collection Standards (FCCS), as revised on November 22, 2000 (65 FR 
70390), and supplements the FCCS by prescribing procedures consistent 
with the FCCS, as necessary and appropriate for Commerce operations. 
This regulation also provides the procedures for the collection of 
debts owed to other Federal agencies when a request for offset is 
received by Commerce.
    This regulation does not contain a section regarding the delegation 
of debt collection authority within the Commerce Department. The 
delegation is contained in the Department of Commerce Credit and Debt 
Management Operating Procedures Handbook (currently available at http://www.osec.doc.gov/ofm/credit/cover.htm), and does not need to be 
included in the regulation.
    Nothing in this regulation precludes the use of collection remedies 
not contained in this regulation. For example, Commerce entities may 
collect unused travel advances through offset of an employee's pay 
under 5 U.S.C. 5705. Commerce entities and other Federal agencies may 
simultaneously use multiple collection remedies to collect a debt, 
except as prohibited by law.
    Commerce entities may, but are not required to, promulgate 
additional policies and procedures consistent with this regulation, the 
FCCS, and other applicable Federal laws, policies, and procedures, 
subject to the approval of the Deputy Chief Financial Officer.

Section Analysis

    The Department of Commerce published the Interim final rule with 
request for comments on April 16, 2007 at 72 FR 18869. No comments were 
received. For section analysis of this final rule, see 72 FR 18869 on 
April 16, 2007.

Regulatory Analysis

E.O. 12866, Regulatory Review

    This rule is not a significant regulatory action as defined in 
Executive Order 12866.

Regulatory Flexibility Act

    Because notice of proposed rulemaking and opportunity for comment 
are not required pursuant to 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility act (5 U.S.C. 
601, et seq.) are inapplicable. Therefore, a regulatory flexibility 
analysis is not required and has not been prepared.

List of Subjects in 15 CFR Part 19

    Administrative practice and procedure, Claims, Debts, Garnishment 
of wages, Government employee, Hearing and appeal procedures, Pay 
administration, Salaries, Wages.

Authority and Issuance

0
Accordingly, the interim final rule amending 15 CFR part 19 and 
removing 15 CFR parts 21 and 22 which was published at 72 FR 18869 on 
April 16, 2007, is adopted as a final rule without change.

    Dated: October 1, 2007.
Lisa Casias,
Deputy Chief Financial Officer and Director for Financial Management, 
Department of Commerce.
 [FR Doc. E7-19755 Filed 10-5-07; 8:45 am]
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