[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89275-89276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28408]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / 
Rules and Regulations  

[[Page 89275]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 3

[Docket No. USDA-2023-0016]


Debt Management; Administrative Updates

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the U.S. Department of Agriculture's 
debt management regulations by making two minor clarifying changes 
pertaining to entities or programs to which some or all of the 
regulations do not apply.

DATES: Effective December 27, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Elvis Tull, Branch Chief, Office 
of the Chief Financial Officer, USDA; 202-205-5369.

SUPPLEMENTARY INFORMATION: 

I. Background

    The regulations in 7 CFR part 3, ``Debt Management,'' prescribe 
standards and procedures for use by U.S. Department of Agriculture 
(USDA) agencies in the collection, compromise, suspension, or 
termination of debts owed to the United States. This rule clarifies the 
scope of debt collection activity as it applies to public international 
organizations and the availability of administrative review under 7 CFR 
part 3 for certain debt collection activities involving the Commodity 
Credit Corporation (CCC).
    First, Sec.  3.1, ``Purpose and scope,'' includes categories of 
debt collection actions to which 7 CFR part 3 does not apply. One of 
those categories, found in paragraph (c)(3), is the ``[c]ollection of 
debts owed by foreign governments and, sovereign institutions of 
foreign governments.''
    This amendment clarifies that, in addition to debts owed by foreign 
governments and sovereign institutions of foreign governments, debts 
owed by public international organizations are outside the scope of 
USDA's debt collection regulations. A public international organization 
is an organization entitled to enjoy privileges, exemptions, and 
immunities as an international organization under the International 
Organizations Immunities Act (22 U.S.C. 288-288f). Examples include the 
Organization for Economic Cooperation and Development (OECD) and the 
United Nations. This amendment aligns USDA's debt collection 
regulations with those of other U.S. Government agencies, such as the 
Department of State and the United States Agency for International 
Development, that work with public international organizations. 
Consistent with the treatment of public international organizations 
under U.S. law, these agencies group the collection of debts owed by 
public international organizations along with the collection of debts 
owed by foreign governments and sovereign institutions of foreign 
governments in the list of debt collection actions to which their debt 
management regulations do not apply. Therefore, USDA amends Sec.  
3.1(c)(3) to include public international organizations.
    Second, 7 CFR part 3, subpart F, establishes consolidated 
administrative review procedures for debts subject to administrative 
offset, administrative wage garnishment, and disclosure to credit 
reporting agencies under subparts D and E of part 3. However, there is 
a list in Sec.  3.60(b) of certain debt collection proceedings 
initiated by USDA agencies that are subject to the separate 
administrative review procedures in 7 CFR part 11, National Appeals 
Division, rather than the procedures in 7 CFR part 3, subpart F. Among 
the debt collection proceedings listed in Sec.  3.60(b) are those 
initiated by CCC.
    The statutory authority for the National Appeals Division only 
specifically requires coverage for the CCC ``with respect to domestic 
programs'' (7 U.S.C. 6991(2)(B)). This draws a statutory distinction 
between domestic CCC programs and CCC programs administered outside the 
United States by USDA's Foreign Agricultural Service. To clarify that 
non-domestic CCC programs are addressed under the administrative review 
procedures of 7 CFR part 3, subpart F, and not subject to the 
procedures provided in 7 CFR part 11, USDA amends 7 CFR 3.60(b) by 
adding the qualifier ``(with respect to domestic programs)'' to the 
mention of CCC-initiated debt collection proceedings.

II. Notice and Comment Not Required

    This rule is ministerial in nature and makes only clarifying, 
technical adjustments to align USDA's debt management regulations. 
Accordingly, pursuant to the administrative procedure provisions in 5 
U.S.C. 553, USDA finds, for good cause, that prior notice and other 
public procedure with respect to this action are not necessary and this 
rule may be made effective less than 30 days after publication in the 
Federal Register. Therefore, this rule will be effective upon 
publication in the Federal Register.

III. Procedural Requirements

Executive Orders 12866 and 14094

    The Office of Management and Budget (OMB) has determined that this 
regulatory action does not meet the criteria for significant regulatory 
action pursuant to Executive Order 12866, Regulatory Planning and 
Review, as amended by Executive Order 14094, Modernizing Regulatory 
Review.
    As noted, this rule is ministerial in nature and makes only 
clarifying, technical adjustments to align USDA's debt management 
regulations. Accordingly, there are no economic impacts associated with 
this action.

Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to an 
initial and final regulatory flexibility analysis (5 U.S.C. 603, 604) 
are not applicable to this final rule because USDA was not required to 
publish notice of proposed rulemaking under 5 U.S.C. 553 or any other 
law. Accordingly, a regulatory flexibility analysis is not required.

Paperwork Reduction Act

    This final rule imposes no new reporting or recordkeeping 
requirements necessitating clearance by OMB.

List of Subjects in 7 CFR Part 3

    Administrative practice and procedure, Claims, Government 
employees, Income taxes, Loan programs--agriculture, Penalties, 
Reporting and recordkeeping requirements, Wages.


[[Page 89276]]


    Accordingly, USDA amends 7 CFR part 3 as follows:

PART 3--DEBT MANAGEMENT

0
1. The authority citation for part 3 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 1506, 1981, 1981a, 1981d, and 
2008h; 15 U.S.C. 714b; 31 U.S.C. 3701, 3711, 3716-18, and 3720B; and 
31 CFR parts 285 and 901-904.


0
2. In Sec.  3.1, revise paragraph (c)(3) to read as follows:


Sec.  3.1  Purpose and scope.

* * * * *
    (c) * * *
    (3) Collection of debts owed by foreign governments, sovereign 
institutions of foreign governments, or public international 
organizations.
* * * * *


Sec.  3.60  [Amended]

0
3. In Sec.  3.60, in paragraph (b), add the words ``(with respect to 
domestic programs)'' after the acronym ``CCC''.

Ethel Butler,
Fiscal Policy Division Director, Office of the Chief Financial Officer, 
U.S. Department of Agriculture.
[FR Doc. 2023-28408 Filed 12-26-23; 8:45 am]
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