Rule2023-28408
Debt Management; Administrative Updates
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 27, 2023
Effective
December 27, 2023
Issuing agencies
Agriculture Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 247 (Wednesday, December 27, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28408]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
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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.
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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
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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.
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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]
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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]
BILLING CODE 3410-90-P
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