Information on Processing Garnishment Orders

Forms and Documents

Document	Type	Status	Availability
CU Sampling Plan (2) 8 4.docx	Supplementary Document	Uploaded 2010-08-04	Repair queued
DRAFT SUPPORT STATEMENT FOR CREDIT UNION Info REV AUG 13.docx	Supporting Statement A	Uploaded 2010-08-17	Available
Part B REVISED Aug 19.doc	Supporting Statement B	Uploaded 2010-08-20	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
193972	Information on Processing Garnishment Orders	Instruction	New

ICR Details

OMB Control No: 1505-0225	ICR Reference No: 201007-1505-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: TREAS/DO	Agency Tracking No:
Title: Information on Processing Garnishment Orders
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 07/30/2010
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/20/2010
	Date Received in OIRA: 07/28/2010
Terms of Clearance: Per OMB request, agency modified survey instrument and supporting statements regarding survey plan and methodology.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2011	6 Months From Approved
Responses	347	0	0
Time Burden (Hours)	260	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: On April 19, 2010 Treasury, SSA, VA, RRB and OPM published a proposed rule to implement statutory restriction on the garnishment of Federal benefits. The Agencies took this action to alleviate the hardships being experienced by recipients of Federal benefit payments, which are statutorily exempt from garnishment, and to establish procedures for financial institutions to follow so that they are not compelled to freeze funds in an account as a result of the receipt of a court ordered garnishment. This collection of information is needed so that Treasury can gain a thorough understanding of the existing processing of court ordered garnishments served specifically on credit unions. The information obtained is necessary to devise a workable solution that balances the interests of individuals receiving federal benefit payments, which are statutorily exempt from garnishment, and financial institutions which provide deposit accounts.

Emergency Justfication: The Department of the Treasury (Treasury) respectfully requests emergency processing and approval for a collection of information requested from credit unions asking for information on how credit unions process court order garnishments. This information is necessary to finalize two important policy initiatives for which time is of the essence: one that would require Federal beneficiaries to receive their payments electronically, and another that would provide better force and effect to Federal anti-garnishment statutes. Treasury cannot reasonably comply with the normal clearance procedures under 5 C.F.R. Part 1320 because the information is needed within the next several weeks in order to assess the current processing environment in credit unions and determine a comprehensive solution.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Information on Processing Garnishment Orders

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	347	0	0	347	0	0
Annual Time Burden (Hours)	260	0	0	260	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/28/2010

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