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17583

Rules and Regulations Federal Register


Vol. 70, No. 66

Thursday, April 7, 2005

This section of the FEDERAL REGISTER Office. Accordingly, chapter I of title 4 regulations on hearings and appeals in
contains regulatory documents having general of the Code of Regulations is amended order to expand the scope of those
applicability and legal effect, most of which so that in every place in which the name regulations to hearings in administrative
are keyed to and codified in the Code of General Accounting Office has appeared wage garnishment cases.
Federal Regulations, which is published under the name will now be read as DATES: This rule is effective on June 6,
50 titles pursuant to 44 U.S.C. 1510.
Government Accountability Office. The 2005 without further action, unless
The Code of Federal Regulations is sold by Government Accountability Office finds adverse comment is received by May 9,
the Superintendent of Documents. Prices of good cause for making this final rule 2005. If adverse comment is received,
new books are listed in the first FEDERAL effective immediately, since the rule is SBA will publish a timely withdrawal of
REGISTER issue of each week. merely a technical amendment the rule in the Federal Register.
following a statutory change in our ADDRESSES: You may submit comments,
name and underlying statute. identified by RIN number 3245–AE50,
GOVERNMENT ACCOUNTABILITY by any of the following methods: (1)
■ For the reasons set out above, title 4,
OFFICE Federal rulemaking portal at http://
chapter I of the Code of Federal
Regulations is amended under the www.regulations.gov; (2) e-mail:
4 CFR Chapter I
authority of section 8 of Pub. L. 108–271, walter.intlekofer@sba.gov, include RIN
Nomenclature Changes 118 Stat. 814. number 3245–AE50 in the subject line
of the message; (3) mail to: Walter C.
AGENCY: Government Accountability CHAPTER I—GENERAL ACCOUNTING Intlekofer, Director Portfolio
Office. OFFICE Management Division, 409 3rd Street,
ACTION: Final rule. ■ 1. The heading of chapter I is revised SW., Mail Code: 7021, Washington, DC
to read as set forth below: 20416; and (4) Hand Delivery/Courier:
SUMMARY: The GAO Human Capital 409 3rd Street, SW., Washington, DC
Reform Act of 2004 changed the name CHAPTER I—GOVERNMENT
ACCOUNTABILITY OFFICE 20416.
of the General Accounting Office to the
Government Accountability Office. ■ 2. In 4 CFR chapter I, remove the words FOR FURTHER INFORMATION CONTACT:
Accordingly, this technical amendment ‘‘General Accounting Office’’, and add in Walter C. Intlekofer, Director Portfolio
changes the name of the agency in the their place, the words ‘‘Government Management Division, (202) 205–7543.
heading of the chapter in which the Accountability Office’’, wherever they SUPPLEMENTARY INFORMATION:
Government Accountability Office’s appear. Background
regulations appear, chapter I of title 4 of Issued on: April 1, 2005.
the Code of Federal Regulations. This Section 31001(o) of the Debt
Anthony H. Gamboa, Collection Improvement Act of 1996,
document also redesignates all General Counsel. which is codified at 31 U.S.C. 3720D,
references in chapter I of the
[FR Doc. 05–6924 Filed 4–6–05; 8:45 am] authorizes Federal agencies to use an
Government Accountability Office’s
BILLING CODE 1610–02–M administrative procedure to garnish the
regulations. This rulemaking is
disposable pay of an individual to
technical in nature, and merely
collect delinquent non-tax debt owed to
implements a statutory mandate.
SMALL BUSINESS ADMINISTRATION the United States in accordance with
DATES: Effective Date: April 7, 2005. regulations promulgated by the
FOR FURTHER INFORMATION CONTACT: 13 CFR Parts 134 and 140 Secretary of the Treasury. Wage
Jeffrey S. Forman, Assistant General garnishment is a process whereby an
Counsel, Government Accountability RIN 3245–AE50
employer withholds amounts from an
Office, room 7838D, 441 G Street, NW., employee’s wages and pays those
Procedures for Office of Hearings and
Washington, DC 20548, (202) 512–9763. amounts to the employee’s creditor
Appeals, Administrative Wage
SUPPLEMENTARY INFORMATION: On July 7, pursuant to a withholding order. Under
Garnishment
2004, the President signed the GAO the DCIA agencies may garnish up to
Human Capital Reform Act of 2004 AGENCY: U.S. Small Business 15% of a delinquent non-tax debtor’s
(Pub. L. 108–271), providing the Administration (SBA). disposable wages. Prior to the
Government Accountability Office with ACTION: Direct final rule. enactment of the DCIA, agencies were
additional flexibilities in its human generally required to obtain a court
capital management. Section 8 of Public SUMMARY: This direct final rule judgment before garnishing the wages of
Law 108–271 changed the name of the implements the administrative wage non-Federal employees.
General Accounting Office to the garnishment provisions contained in the DCIA requires the Secretary of the
Government Accountability Office to Debt Collection Improvement Act of Treasury to issue regulations
more accurately reflect the audit and 1996 (DCIA) in accordance with the implementing the administrative wage
evaluation work in which the Office regulations issued by the Secretary of garnishment requirements. These
engages to assist the Congress in the Treasury. By implementing these implementing regulations, which are at
fulfilling its constitutional provisions, SBA will be able to garnish 31 CFR 285.11, provide for due process
responsibilities. the disposable wages of a person who is for nontax debtors and require agencies
This document changes the name of indebted to the United States for nontax to publish regulations for administrative
the agency from General Accounting debts, without first obtaining a court wage garnishment hearings. This direct
Office to Government Accountability order. This rule also amends SBA’s final rule implements that requirement.

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