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DHS/OS

RIN: 1601-AA23

Publication ID: Spring 2009

Title: Collection of Nontax Debts Owed to the Department of Homeland Security
Abstract: This rule implements the Department of Homeland Security's (DHS) debt collection regulations to conform to the Debt Collection Act of 1982, Public Law 97-365, 96 Stat. 1749 (October 25, 1982), as amended by the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104-134, 110 Stat. 1321, 1358 (April 26, 1996), the Federal Claims Collection Standards, 31 CFR chapter IX (parts 900 through 904), and other laws applicable to the collection of nontax debts owed to DHS entities. DHS adopts the Governmentwide 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 DHS operations. DHS 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. This regulation also provides the procedures for the collection of debts owed to other Federal agencies when a request for offset is received by DHS. This regulation does not apply to the collection of tax debts, which is governed by the Internal Revenue Code of 1986 (26 U.S.C. et seq.), and regulations, policies, and procedures issued by the Internal Revenue Service or other Federal agency collecting tax debts. Nothing in this regulation precludes the use of collection remedies not contained in this regulation. For example, DHS entities may collect unused travel advances through offset of an employee's pay under 5 U.S.C. 5705. DHS entities and other Federal agencies may simultaneously use multiple collection remedies to collect a debt, except as prohibited by law.
Agency: Department of Homeland Security(DHS)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 6 CFR 11.1
Legal Authority: PL 107-296 116 Stat 2135 5 USC 301 5 USC 5514 26 USC 6402 31 USC 3701 31 USC 3711 31 USC 3716 to 3718 31 USC 3720A and 3720B 31 USC 3720D ...

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	01/30/2007	72 FR 4189
Interim Final Rule Effective	01/30/2007
Interim Final Rule Comment Period End	03/01/2007
Next Action Undetermined	To Be Determined

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Michael Russell Deputy Associate General Counsel for General Law Department of Homeland Security Office of the General Counsel, Washington, DC 20528 Phone:202 447-3526 Fax:202 447-3111 Email: michael.d.russell@dhs.gov