[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)]
[Rules and Regulations]
[Pages 28916-28917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13342]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Part 1650
Revision of Debt Collection Regulation
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final rule.
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SUMMARY: The Equal Employment Opportunity Commission (EEOC) is revising
its regulation on debt collection to provide general debt collection
standards and to implement the administrative wage garnishment
provisions of the Debt Collection Improvement Act (DCIA) of 1996. This
final rule adopts the federal claims collection standards issued
jointly by the General Accounting Office (GAO) and the Department of
Justice (DOJ) in 4 CFR Parts 101-105 and the regulation on
administrative wage garnishment issued by the Department of the
Treasury at 31 CFR 285.11.
EFFECTIVE DATE: May 28, 1999.
FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal
Counsel, or Susan Murphy, Senior Attorney, Office of Legal Counsel, at
(202) 663-4669 (voice), (202) 663-7026 (TDD). This final rule is also
available in the following formats: large print, braille, electronic
file on computer disk, and audio-tape. Copies may be obtained from the
EEOC's Publication Center by calling 1-800-669-3362 (voice) or 1-800-
669-6820 (TDD).
SUPPLEMENTARY INFORMATION: EEOC is revising its regulation on debt
collection found in 29 CFR Part 1650 to indicate that it follows the
federal claims collection standards of the Department of Justice and
the General Accounting Office at 4 CFR Parts 101-105. A statement of
adoption by cross-reference is being added to each of the subparts of
29 CFR Part 1650.
EEOC is also adding a new subpart D to implement administrative
wage garnishment provisions under section 31001(o) of the Debt
Collection Improvement Act of 1996 (DCIA), Pub. L. 104-134, 110 Stat.
1321-358 (April 26, 1996). Here, EEOC is adopting by cross-reference
the administrative wage garnishment regulation issued by the Department
of the Treasury at 31 CFR 285.11. Under the DCIA, a federal agency that
is collecting delinquent nontax debt may administratively garnish the
debtor's wages in accordance with regulations promulgated by the
Secretary of the Treasury. EEOC's debt collection program does not
necessitate procedures different from those established by the
Department of the Treasury, and therefore the Commission is adopting
the Treasury regulation. This new subpart will also contain the
statement of adoption by cross-reference of the federal claims
collection standards issued by the Department of Justice and the
General Accounting Office.
We are issuing a final rule rather than a notice of proposed
rulemaking because we have determined, for good cause, that publication
of a proposed rule and solicitation of comments are not necessary. Good
cause also exists for waiving the 30-day delay in effectiveness as to
these revisions. These amendments concern matters of agency practice
and procedure. Their purpose is to incorporate without change existing
regulations of the Departments of Justice and the Treasury and the
General Accounting Office, which were the subject of public comment
when promulgated by those agencies. Incorporation of the federal claims
collection standards reflects existing requirements and longstanding
Commission practice.
Regulatory Procedures
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act (Pub. L. 96-354,
as amended by Pub. L. 104-121), the Commission has reviewed this
regulation, and by approving it, certifies
[[Page 28917]]
under 5 U.S.C. 605(b) that this regulation will not have a significant
economic impact on a substantial number of small entities. The EEOC's
debt collection activities do not affect a substantial number of small
entities. Moreover, as found by the Department of the Treasury, wage
garnishment requirements do not have a significant economic impact on
small entities. Employers of delinquent debtors must certify certain
information about the debtor, such as the debtor's employment status
and earnings. This information is contained in the employer's payroll
records. Therefore, it will not take a significant amount of time or
result in a significant cost for an employer to complete the
certification form. Even if an employer is served withholding orders on
several employees over the course of a year, the cost imposed on the
employer to complete the certification would not have a significant
economic impact on that entity. Employers are not required to vary
their normal pay cycles in order to comply with a withholding order
issued pursuant to this rule. For these reasons, a regulatory
flexibility analysis is not required.
Executive Order 12866
This rule is not a significant regulatory action as defined in
Executive Order 12866 and is therefore not subject to review by the
Office of Management and Budget.
Paperwork Reduction Act
This regulation contains no information collection requirements
subject to review by the Office of Management and Budget under the
Paperwork Reduction Act of 1980 (44 U.S.C. chapter 35).
List of Subjects in 29 CFR Part 1650
Administrative practice and procedure, Claims, Debts, Garnishment
of wages, Hearing and appeal procedures, Salaries, Wages.
For the reasons stated in the preamble, 29 CFR Part 1650 is amended
as set forth below.
PART 1650--DEBT COLLECTION
1. The authority citation for 29 CFR Part 1650 is revised to read
as follows:
Authority: 5 U.S.C. 5514; 31 U.S.C. 321, 3701, 3711, 3716,
3720A, 3720D; EO 13019, 61 FR 51763, 3 CFR 1996 Comp., p. 216; 5 CFR
550.1101.
2-3. Section 1650.101 is amended by adding two new sentences at the
end of the section to read as follows:
Sec. 1650.101 Purpose.
* * * The general standards and procedures governing the
collection, compromise, termination, and referral to the Department of
Justice of claims for money and property that are prescribed in the
regulations issued jointly by the General Accounting Office and the
Department of Justice pursuant to the Federal Claims Collection Act of
1966 (4 CFR Parts 101-105) apply to the administrative collection
activities of the EEOC. The Director of the Financial Management
Division shall act on all claims arising out of the activities of the
EEOC.
4. Section 1650.201 is amended by adding two new sentences at the
end of the section to read as follows:
Sec. 1650.201 Purpose.
* * * The general standards and procedures governing the
collection, compromise, termination, and referral to the Department of
Justice of claims for money and property that are prescribed in the
regulations issued jointly by the General Accounting Office and the
Department of Justice pursuant to the Federal Claims Collection Act of
1966 (4 CFR Parts 101-105) apply to the administrative collection
activities of the EEOC. The Director of the Financial Management
Division shall act on all claims arising out of the activities of the
EEOC.
5. Section 1650.301 is amended by adding two new sentences at the
end of the section to read as follows:
Sec. 1650.301 Purpose.
* * * The general standards and procedures governing the
collection, compromise, termination, and referral to the Department of
Justice of claims for money and property that are prescribed in the
regulations issued jointly by the General Accounting Office and the
Department of Justice pursuant to the Federal Claims Collection Act of
1966 (4 CFR Part 101-105) apply to the administrative collection
activities of the EEOC. The Director of the Financial Management
Division shall act on all claims arising out of the activities of the
EEOC.
6. A new Subpart D is added to 29 CFR Part 1650 to read as follows:
Subpart D--Procedures for the Collection of Debts by Administrative
Wage Garnishment
Sec. 1650.401 Purpose and regulatory procedures for the collection of
debts by administrative wage garnishment.
The Commission hereby adopts by cross-reference the administrative
wage garnishment regulation issued by the Department of the Treasury at
31 CFR 285.11. The general standards and procedures governing the
collection, compromise, termination, and referral to the Department of
Justice of claims for money and property that are prescribed in the
regulations issued jointly by the General Accounting Office and the
Department of Justice pursuant to the Federal Claims Collection Act of
1966 (4 CFR Parts 101-105) apply to the administrative collection
activities of the EEOC. The Director of the Financial Management
Division shall act on all claims arising out of the activities of the
EEOC.
Dated: May 20, 1999.
For the Commission.
Ida L. Castro,
Chairwoman.
[FR Doc. 99-13342 Filed 5-27-99; 8:45 am]
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