Swamp Stomp
Volume 14, Issue 28
On Wednesday, July 2, 2014 the Environmental Protection Agency published a final rule regarding the government’s ability to seize your wages. The following is directly from the Federal Register.
“Summary: The Environmental Protection Agency (EPA) is taking direct final action to amend EPA’s claims collection standards to implement the administrative wage garnishment provisions of the Debt Collection Improvement Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (DCIA). The direct final rule will allow the EPA to garnish non-Federal wages to collect delinquent non-tax debts owed the United States without first obtaining a court order.”
“Dates: This direct final rule is effective September 2, 2014 without further notice unless EPA receives adverse comments by August 1, 2014. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.”
“Background: This direct final rule implements the administrative wage garnishment provisions in section 31001(o) of the Debt Collection Improvement Act of the 1996 (DCIA), Public Law 104-134, 110 Stat. 1321-358, codified as 31 U.S.C. 3720D. Under the administrative wage garnishment provisions of the DCIA, Federal agencies may garnish administratively up to 15 percent of the disposable pay of a debtor to satisfy a delinquent non-tax debt owed to the United States. Prior to the enactment of the DCIA, Federal agencies were required to obtain a court judgment before garnishing non-Federal wages. Section 31001(o) of the DCIA preempts State laws that prohibit wage garnishment or otherwise govern wage garnishment procedures.”
“As authorized by the DCIA, a Federal agency collecting a delinquent non-tax debt may garnish a delinquent debtor’s wages in accordance with regulations promulgated by the Secretary of the Treasury. The Bureau of Fiscal Services, a bureau of the Department of the Treasury (Treasury), is responsible for promulgating the regulations implementing this and other debt collection tools established by the DCIA. The Bureau of Fiscal Services published its final rule at 63 FR 25136, May 6 1998, (Treasury Final Rule) and published technical amendments at 64 FR 22906, 22908, April 28, 1999 and 66 FR 51867, 51868, October 11, 2001. The Treasury Final Rule, as amended, is published in 31 CFR 285.11. Pursuant to 31 CFR 285.11(f), Federal agencies must either prescribe their own conforming regulations for the conduct of AWG hearings consistent with the substantive and procedural requirements set forth in the Treasury Final Rule or adopt Treasury’s AWG regulation, 31 CFR 285.11, without change by reference.”
This rule has been published in final form. It is EPA’s belief that the public has no interest in this and therefore has put this rule on a very fast track. It will be implemented on September 2, 2014 unless EPA receives adverse comments by the close of business on August 1, 2014.
Under the Fourth Amendment of the US Constitution, government law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating illegal activity. This new rule by-passes the courts, tries you in absentia without any ability to offer a defense, convicts you and immediately seizes your property.
The EPA can fine you up to $75,000 per day for many of the regulations it enforces. A small fine can prove runniness for most Americans. Even if you are innocent of the environmental crime that you are accused of, the lack of due process would destroy your livelihood. It is unimaginable that a nation that is founded on individual rights and freedoms would ever contemplate such a rule. There is absolutely no due process of law.
This rule affects you the American citizen immediately. Oh, by the way if you are a federal employee you are exempt from this law. Please provide your comments to EPA by the following means:
1. Email: jones.anita@epa.gov.
2. Fax: (202) 565-2585.
3. Mail: OCFO-2014-0001; FRL-9910-14-OCFO FPPS c/o Anita Jones, OCFO/OFM/FPPS, Mailcode 2733R, Environmental Protection Agency, 1300 Pennsylvania Ave. NW., Washington, DC 20460.
Be sure to reference the following ID number: EPA-HQ-OA-2014-0012-0002 [
Administrative Wage Garnishment; Proposed Rule]
You can also comment online and review the comments that have been published by going to: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OA-2014-0012-0002.
Please let the EPA know how you feel about this new rule. Please pass this email onto your friends, co-workers, clients or anyone else that you know. We are all affected by this rule (except the federal and EPA employees).
In honor of our Nation’s independence I will leave you with a few thoughts expressed by Thomas Jefferson on July 4, 1776.
“.. Governments are instituted among Men, deriving their just powers from the consent of the governed”
“The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.”
“He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.”
“For imposing Taxes on us without our Consent”
“For depriving us in many cases, of the benefit of Trial by Jury”
Please comment on these rules. Our system of government is representative. It is your duty to let your representatives and government agencies know how you feel.
May God continue to bless America.
– Marc