{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 505 sorted by section_id", "rows": [["28:28:2.0.3.1.4.0.119.1", 28, "Judicial Administration", "V", "A", "505", "PART 505\u2014COST OF INCARCERATION FEE", "", "", "", "\u00a7 505.1 Purpose and scope.", "BOP", "", "", "", "This part establishes procedures for the assessment and collection of a fee to cover the cost of incarceration. The Director of the Bureau of Prisons has been delegated the authority of the Attorney General (see 28 CFR 0.96c) to assess and collect a fee imposed by the Bureau in the event the court neither imposes nor waives a fine pursuant to the Sentencing Guidelines 5E1.2(d). For purposes of this part, revocation of parole or supervised release is to be treated as a separate period of incarceration for which a fee may be imposed."], ["28:28:2.0.3.1.4.0.119.2", 28, "Judicial Administration", "V", "A", "505", "PART 505\u2014COST OF INCARCERATION FEE", "", "", "", "\u00a7 505.2 Annual determination of average cost of incarceration.", "BOP", "", "", "", "Pursuant to 28 CFR 0.96c, the Bureau of Prisons staff is responsible for calculating the annual average cost of incarceration. This calculation is reviewed annually and the revised figure is published as a notice in the  Federal Register."], ["28:28:2.0.3.1.4.0.119.3", 28, "Judicial Administration", "V", "A", "505", "PART 505\u2014COST OF INCARCERATION FEE", "", "", "", "\u00a7 505.3 Inmates exempted from fee assessment.", "BOP", "", "", "", "Inmates who began service of sentence before January 1, 1995, or who have had a fine either imposed or expressly waived by the United States District Court, pursuant to Section 5E1.2 (e) of the United States Sentencing Guidelines, or any successor provisions, are exempt from fee assessment otherwise required by this part."], ["28:28:2.0.3.1.4.0.119.4", 28, "Judicial Administration", "V", "A", "505", "PART 505\u2014COST OF INCARCERATION FEE", "", "", "", "\u00a7 505.4 Calculation of assessment by unit staff.", "BOP", "", "", "", "Bureau of Prisons Unit Team staff are responsible for computing the amount of the fee to be paid by each inmate who has not been exempted from fee assessment. The inmate will only be assessed an amount once for the cost of incarceration for each separate period of incarceration.\n\n(a) Unit Team staff are to rely exclusively on the information contained in the Presentence Investigation Report and findings and orders of the sentencing court in order to determine the extent of an inmate's assets, liabilities and dependents.\n\n(b) The fee is assessed in accordance with the following formula: If an inmate's assets are equal to or less than the poverty level, as established by the United States Department of Health and Human Services and published annually in the  Federal Register,  no fee is to be imposed. If an inmate's assets are above the poverty level, Unit Team staff are to impose a fee equal to the inmate's assets above the poverty level up to the average cost to the Bureau of Prisons of confining an inmate for one year.\n\n(c) If the amount of time that the inmate is in custody is less than 334 days (including pretrial custody time), the maximum fee to be imposed is to be computed by prorating the fee on a monthly basis."], ["28:28:2.0.3.1.4.0.119.5", 28, "Judicial Administration", "V", "A", "505", "PART 505\u2014COST OF INCARCERATION FEE", "", "", "", "\u00a7 505.5 Waiver of fee by Warden.", "BOP", "", "", "", "The Warden may reduce or waive the fee if the inmate establishes that:\n\n(a) He or she is not able and, even with the use of a reasonable installment schedule, is not likely to become able to pay all or part of the fee, or\n\n(b) Imposition of a fee would unduly burden the inmate's dependents."], ["28:28:2.0.3.1.4.0.119.6", 28, "Judicial Administration", "V", "A", "505", "PART 505\u2014COST OF INCARCERATION FEE", "", "", "", "\u00a7 505.6 Procedures for payment.", "BOP", "", "", "", "Fees imposed pursuant to this part are due and payable after notice of the Unit Team actions. When the inmate participates in the inmate financial responsibility program (see 28 CFR part 545, subpart B), fees are to be included under the category \u201cother federal government obligations\u201d and are to be paid before other financial obligations included in that same category. Fees may be subject to interest charges."], ["28:28:2.0.3.1.4.0.119.7", 28, "Judicial Administration", "V", "A", "505", "PART 505\u2014COST OF INCARCERATION FEE", "", "", "", "\u00a7 505.7 Procedures for final disposition.", "BOP", "", "", "", "Before the inmate completes his or her sentence, Unit Team staff must review the status of the inmate's fee. Any unpaid amount will be referred for collection in accordance with Federal Claims Collection Standards (4 CFR Chapter II)."], ["29:29:3.1.1.1.6.0.88.1", 29, "Labor", "V", "A", "505", "PART 505\u2014LABOR STANDARDS ON PROJECTS OR PRODUCTIONS ASSISTED BY GRANTS FROM THE NATIONAL ENDOWMENTS FOR THE ARTS AND HUMANITIES", "", "", "", "\u00a7 505.1 Purpose and scope.", "DOL-WHD", "", "", "", "(a) The regulations contained in this part set forth the procedures which are deemed necessary and appropriate to carry out the provisions of section 5(i) and section 7(g) of the National Foundation on the Arts and Humanities Act of 1965, as amended, 20 U.S.C. 954(i), 20 U.S.C. 956(g). As a condition to the receipt of any grant, the grantees must give adequate assurances that all professional performers and related or supporting professional personnel employed on projects or productions assisted by grants from the National Endowment for the Arts and the National Endowment for the Humanities shall receive not less than the prevailing minimum compensation as determined by the Secretary of Labor.\n\n(b) Regulations and procedures relating to wages on construction projects as provided in section 5(j) and section 7(j) of the National Foundation on the Arts and Humanities Act of 1965, as amended, may be found in parts 3 and 5 of this title.\n\n(c) Standards of overtime compensation for laborers or mechanics may be found in the Contract Work Hours and Safety Standards Act, 76 Stat. 357, 40 U.S.C. 327  et seq.  and part 5 of this title."], ["29:29:3.1.1.1.6.0.88.2", 29, "Labor", "V", "A", "505", "PART 505\u2014LABOR STANDARDS ON PROJECTS OR PRODUCTIONS ASSISTED BY GRANTS FROM THE NATIONAL ENDOWMENTS FOR THE ARTS AND HUMANITIES", "", "", "", "\u00a7 505.2 Definitions.", "DOL-WHD", "", "", "[48 FR 36741, Aug. 12, 1983, as amended at 82 FR 2227, Jan. 9, 2017]", "(a) The term  Act  means the National Foundation on the Arts and the Humanities Act of 1965, as amended, 79 Stat 848, as amended, 20 U.S.C. 951  et seq.\n\n(b) The term  Secretary  means the Secretary of Labor.\n\n(c) The term  Administrator  means the Administrator of the Wage and Hour Division, U.S. Department of Labor, or authorized representative, to whom is assigned the performance of functions of the Secretary pertaining to wages under the National Foundation on the Arts and the Humanities Act of 1965, as amended.\n\n(d) The term  Assistant Secretary  means the Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor, or authorized representative, to whom is assigned the performance of functions of the Secretary pertaining to safety and health under the National Foundation on the Arts and the Humanities Act of 1965, as amended.\n\n(e)  Professional  in the phrase  professional performer and related or supporting professional personnel  shall include all those who work for compensation on a project or production which is assisted by a grant from the National Endowment for the Arts or the National Endowment for the Humanities regardless of whether paid out of grant funds. It shall not include those whose status is  amateur  because their engagement for performance or supporting work contemplates no compensation. Compensation does not include reimbursement of expenses ( i.e. , meals, costumes, make-up etc.). The words  related or supporting . . . personnel  in the same phrase shall include all those whose work is related to the particular project or production such as musicians, stage hands, scenery designers, technicians, electricians and moving picture machine operators, as distinguished from those who operate a place for receiving an audience without reference to the particular project or production being exhibited, such as ushers, janitors, and those who sell and collect tickets. The phrase does not include laborers and mechanics employed by contractors or subcontractors on construction projects, whose compensation is regulated under section 5(j) and section 7(j) of the Act. The phrase  professional performers and related or supporting professional personnel  shall not include persons employed as regular faculty or staff of an educational institution primarily performing duties commonly associated with the teaching profession. It shall include persons employed by educational institutions primarily to engage in activities customarily performed by performing artists or by those who assist in the presentation of performances assisted by grants from the National Endowment for the Arts or the National Endowment for the Humanities."], ["29:29:3.1.1.1.6.0.88.3", 29, "Labor", "V", "A", "505", "PART 505\u2014LABOR STANDARDS ON PROJECTS OR PRODUCTIONS ASSISTED BY GRANTS FROM THE NATIONAL ENDOWMENTS FOR THE ARTS AND HUMANITIES", "", "", "", "\u00a7 505.3 Prevailing minimum compensation.", "DOL-WHD", "", "", "", "(a)(1) In the absence of an alternative determination made by the Administrator under paragraph (b) of this section, and except as provided in paragraph (a)(2) of this section, the prevailing minimum compensation required to be paid under the Act to the various professional performers and related or supporting professional personnel employed on projects or productions assisted by grants from the National Endowment for the Arts and the National Endowment for the Humanities shall be the compensation (including fringe benefits) contained in collective bargaining agreements negotiated by the following national or international labor organizations or their local affiliates:\n\nActors' Equity Association.\n \n Screen Actors Guild, Inc.\n \n Screen Extras Guild, Inc.\n \n American Guild of Musical Artists, Inc.\n \n International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators.\n \n American Federation of Musicians.\n \n National Association of Broadcast Employees and Technicians.\n \n American Federation of Television and Radio Artists.\n \n International Brotherhood of Electrical Workers.\n \n American Guild of Variety Artists.\n \n Writers Guild.\n\nActors' Equity Association.\n\nScreen Actors Guild, Inc.\n\nScreen Extras Guild, Inc.\n\nAmerican Guild of Musical Artists, Inc.\n\nInternational Alliance of Theatrical Stage Employees and Moving Picture Machine Operators.\n\nAmerican Federation of Musicians.\n\nNational Association of Broadcast Employees and Technicians.\n\nAmerican Federation of Television and Radio Artists.\n\nInternational Brotherhood of Electrical Workers.\n\nAmerican Guild of Variety Artists.\n\nWriters Guild.\n\n(2) Professional performers and related or supporting professional personnel who are to perform activities which do not come within the jurisdiction of any collective bargaining agreement negotiated by the labor organizations named in paragraph (a)(1) of this section shall be paid minimum compensation as determined by agreement of the grant applicant or grantee and the personnel who will perform such activities or their representatives. Evidence of the agreement reached by the parties shall be submitted by the grant applicant to the grant agency, together with evidence of the prevailing minimum compensation for similar activities. If the parties do not agree on the minimum compensation to be paid to such personnel, the matter shall be referred to the Administrator of the Wage and Hour Division for final determination.\n\n(b)(1) Interested parties, including grant applicants, grantees, professional performers or related or supporting professional personnel and their representatives, may at any time submit to the Administrator a request for a determination of prevailing minimum compensation. The Administrator will make a determination concerning each such request in accordance with paragraph (b)(4) of this section.\n\n(2) Any request for a determination of prevailing minimum compensation shall include or be accompanied by information as to the locality or localities, the class or classes of professional performers or related or supporting professional personnel for the project or production in question, the names and addresses (to the extent known) of interested parties, and all available information relating to prevailing minimum compensation currently being paid to such persons or to persons employed in similar activities. No particular form is prescribed for submission of information under this section.\n\n(3) If the information specified in paragraph (b)(2) of this section is not submitted with a request for an alternative determination of prevailing minimum compensation or is insufficient to permit a determination, the Administrator may deny the request or request additional information, at the Administrator's discretion. Pertinent information from any source may be considered by the Administrator in connection with any request.\n\n(4) The Administrator will respond to a request for determination under this section within 30 days of receipt, by issuing a determination of alternative prevailing minimum compensation or denying the request or advising that additional time is necessary for a decision. If the Administrator determines from a preponderance of all relevant evidence obtained in connection with the request that the compensation provided for in the agreements negotiated by the labor organizations set forth in paragraph (a) of this section does not prevail for any professional performer or related or supporting professional personnel employed on similar activities in the locality, the Administrator will issue a determination of the prevailing minimum compensation required to be paid under the Act to such persons. If the Administrator finds that the compensation provided for in the agreements negotiated by the labor organizations set forth in paragraph (a) of this section does prevail for the professional performers or related or supporting professional personnel in question, the requesting party will be so notified.\n\n(c) All professional performers and related or supporting professional personnel (other than laborers or mechanics with respect to whom labor standards are prescribed in section 5(j) and 7(j) of the Act) employed on projects or productions which are financed in whole or in part under section 5 or section 7 of the Act will be paid, without subsequent deduction or rebate on any account, not less than the prevailing minimum compensation determined in accordance with paragraph (a) of this section, unless an alternative determination is made under paragraph (b) of this section. Pending the decision of the Administrator on a request for determination under paragraph (b) of this section, the grantee may be required to set aside in a separate escrow account sufficient funds to satisfy the difference between the compensation (including fringe benefits) actually paid to the employee(s) in question, and the compensation (including fringe benefits) required under the applicable collective bargaining agreement negotiated by the labor organization named in paragraph (a) of this section, or furnish a bond with a surety or sureties satisfactory to the Administrator for the protection of the compensation of the affected employees."], ["29:29:3.1.1.1.6.0.88.4", 29, "Labor", "V", "A", "505", "PART 505\u2014LABOR STANDARDS ON PROJECTS OR PRODUCTIONS ASSISTED BY GRANTS FROM THE NATIONAL ENDOWMENTS FOR THE ARTS AND HUMANITIES", "", "", "", "\u00a7 505.4 Receipt of grant funds.", "DOL-WHD", "", "", "", "(a) The grantee shall not receive funds authorized by section 5 or section 7 of the Act until adequate initial assurances have been filed with the Chairperson of the National Endowment for the Arts or the Chairperson of the National Endowment for the Humanities, pursuant to sections 5(i) (1) and (2) and sections 7(g) (1) and (2) of the Act as provided in \u00a7 505.5(a), that all professional performers and related or supporting professional personnel will be paid not less than the prevailing minimum compensation and that the safety and health requirements will be complied with. Neither shall the grantee receive any such funds if and after the Chairperson of the National Endowment for the Arts or Chairperson of the National Endowment for the Humanities is advised by the Secretary that continuing assurances as provided in \u00a7 505.5(b) are inadequate or that labor standards contemplated by sections 5(i) (1) and (2) or sections 7(g) (1) and (2) of the Act have not been observed.\n\n(b) In order to facilitate such assurances so that the grantee may receive the grant funds promptly, the Chairpersons of the National Endowment for the Arts and the National Endowment for the Humanities will transmit with the grant letter, to each grantee of a grant that will provide assistance to projects or productions employing professional performers or related or supporting professional personnel under section 5 or section 7 of the Act, a copy of these regulations together with two copies of the assurance form (Form No. ESA-38). The Chairperson will advise the grantee that before the grant may be received, the grantee must give assurances that all professional performers and related or supporting professional personnel (other than laborers or mechanics with respect to whom labor standards are prescribed in section 5(j) and section 7(j) of the Act), will be paid, without subsequent deduction or rebate on any account not less than the minimum compensation determined in accordance with \u00a7 505.3 (a) or (b) and that the safety and health requirements under \u00a7 505.6 will be met. The Chairpersons will maintain on file in Washington, DC, for a period of three (3) years and make available upon request of the Secretary the original signed Form ESA-38 and a copy of the grant letter together with any supplementary documents needed to give a description of the project or production to be financed in whole or in part under the grant."], ["29:29:3.1.1.1.6.0.88.5", 29, "Labor", "V", "A", "505", "PART 505\u2014LABOR STANDARDS ON PROJECTS OR PRODUCTIONS ASSISTED BY GRANTS FROM THE NATIONAL ENDOWMENTS FOR THE ARTS AND HUMANITIES", "", "", "", "\u00a7 505.5 Adequate assurances.", "DOL-WHD", "", "", "[53 FR 23541, June 22, 1988; 53 FR 24171, June 27, 1988, as amended at 82 FR 2227, Jan. 9, 2017]", "(a)  Initial assurances.  The grantee shall give adequate initial assurances that not less than the prevailing minimum compensation determined in accordance with \u00a7 505.3 will be paid to all professional performers and related or supporting professional personnel, and that no part of the project or production will be performed under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees, by executing and filing with the Chairperson of the National Endowment for the Arts or the Chairperson of the National Endowment for the Humanities, as appropriate, Form ESA-38.\n\n(b)  Continuing assurances.  (1) The grantee shall maintain and preserve sufficient records as an assurance of compliance with section 5(i) (1) and (2) and section 7(g) (1) and (2) of the Act and shall make such reports therefrom to the Secretary as necessary or appropriate to assure the adequacy of the assurances given. Such records shall be kept for a period of three (3) years after the end of the grant period to which they pertain. These records shall include the following information relating to each performer and related or supporting professional personnel to whom a prevailing minimum compensation determination applies pursuant to \u00a7 505.3. In addition the record required in paragraph (b)(1)(vii) of this section shall be kept for all employees engaged in the project or production assisted by the grant.\n\n(i) Name.\n\n(ii) Home address.\n\n(iii) Occupation.\n\n(iv) Basic unit of compensation (such as the amount of a weekly or monthly salary, talent or performance fee, hourly rate or other basis on which compensation is computed), including fringe benefits or amounts paid in lieu thereof.\n\n(v) Work performed for each pay period expressed in terms of the total units of compensation fully and partially completed.\n\n(vi) Total compensation paid each pay period, deductions made, and date of payment, including amounts paid for fringe benefits and the person to whom they were paid, and\n\n(vii) Brief description of any injury incurred while performing under the grant and the dates and duration of disability.\n\n(2) The grantee shall permit the Administrator and the Assistant Secretary or their representatives to investigate and gather data regarding the wages, hours, safety, health, and other conditions and practices of employment related to the project or production, and to enter and inspect such project or production and such records (and make such transcriptions thereof), interview such employees during normal working hours, and investigate such facts, conditions, practices, or matters as may be deemed necessary or appropriate to determine whether the grantee has violated the labor standards contemplated by section 5(i) and section 7(g) of the Act.\n\n(c)  Determination of adequacy.  The Administrator and Assistant Secretary shall determine the adequacy of assurances given pursuant to paragraphs (a) and (b) of this section within each of their respective areas of responsibilities, and may revise any such determination at any time."], ["29:29:3.1.1.1.6.0.88.6", 29, "Labor", "V", "A", "505", "PART 505\u2014LABOR STANDARDS ON PROJECTS OR PRODUCTIONS ASSISTED BY GRANTS FROM THE NATIONAL ENDOWMENTS FOR THE ARTS AND HUMANITIES", "", "", "", "\u00a7 505.6 Safety and health standards.", "DOL-WHD", "", "", "", "(a)  Standards.  Section 5(i)(2) and section 7(g)(2) of the Act provide that \u201cno part of any project or production which is financed in whole or in part under this section will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. Compliance with the safety and sanitary laws in the State in which the performance or part thereof is to take place shall be prima facie evidence of compliance. * * *\u201d The applicable safety and health standards shall be those set forth in 29 CFR parts 1910 and 1926, including matters incorporated by reference therein. Evidence of compliance with State laws relating to health and sanitation will be considered prime facie evidence of compliance with the safety and health requirements of the Act, and it shall be sufficient unless rebutted or overcome by a preponderance of evidence of a failure to comply with any applicable safety and health standards set forth in 29 CFR parts 1910 and 1926, including matters incorporated by reference therein.\n\n(b)  Variances.  (1) Variances from standards applied under paragraph (a) of this section may be granted under the same circumstances in which variances may be granted under section 6(b)(6)(A) or 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C. 655). The procedures for the granting of variances and for related relief are those published in part 1905 of this title.\n\n(2) Any requests for variances shall also be considered requests for variances under the Williams-Steiger Occupational Safety and Health Act of 1970, and any variance from a standard applied under paragraph (a) of this section and in part 1910 of this title shall be deemed a variance from the standards under both the National Foundation on the Arts and Humanities Act of 1965 and the Williams-Steiger Occupational Safety and Health Act of 1970."], ["29:29:3.1.1.1.6.0.88.7", 29, "Labor", "V", "A", "505", "PART 505\u2014LABOR STANDARDS ON PROJECTS OR PRODUCTIONS ASSISTED BY GRANTS FROM THE NATIONAL ENDOWMENTS FOR THE ARTS AND HUMANITIES", "", "", "", "\u00a7 505.7 Failure to comply.", "DOL-WHD", "", "", "", "The Secretary's representatives shall maintain a list of those grantees who are considered to be responsible for instances of failure to comply with the obligation of the grantees specified in section 5(i) (1) and (2) and section 7(g) (1) and (2) of the Act, which are considered to have been willful or of such nature as to cast doubt on the reliability of formal assurances subsequently given and there shall be maintained a similar list where adjustment of the violations satisfactory to the Secretary was not properly made. Assurances from persons or organizations placed on either such list or any organization in which they have a substantial interest shall be considered inadequate for purposes of receiving further grants for a period not to exceed three (3) years from the date of notification by the Secretary that they have been placed on the lists unless, by appropriate application to the Secretary, they demonstrate a current responsibility to comply with section 5(i) (1) and (2) and section 7(g) (1) and (2) of the Act, and demonstrate that correction of the violations has been made."], ["46:46:9.0.1.1.6.0.1.1", 46, "Shipping", "IV", "A", "505", "PART 505\u2014ADMINISTRATIVE OFFSET", "", "", "", "\u00a7 505.1 Scope of regulations.", "FMC", "", "", "", "These regulations apply to the collection of debts owed to the United States arising from transactions with the Commission, or where a request for an offset is received by the Commission from another agency. These regulations are consistent with the Federal Claims Collection Standards on administrative offset issued jointly by the Department of Justice and the General Accounting Office as set forth in 4 CFR 102.3."], ["46:46:9.0.1.1.6.0.1.2", 46, "Shipping", "IV", "A", "505", "PART 505\u2014ADMINISTRATIVE OFFSET", "", "", "", "\u00a7 505.2 Definitions.", "FMC", "", "", "", "(a)  Administrative offset,  as defined in 31 U.S.C. 3701(a)(1), means withholding money payable by the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the Government.\n\n(b)  Person  includes a natural person or persons, profit or non-profit corporation, partnership, association, trust, estate, consortium, or other entity which is capable of owing a debt to the United States Government except that agencies of the United States, or of any State or local government shall be excluded."], ["46:46:9.0.1.1.6.0.1.3", 46, "Shipping", "IV", "A", "505", "PART 505\u2014ADMINISTRATIVE OFFSET", "", "", "", "\u00a7 505.3 General.", "FMC", "", "", "", "(a) The Chairman or his or her designee, after attempting to collect a debt from a person under section 3(a) of the Federal Claims Collection Act of 1966, as assembled (31 U.S.C. 3711(a)), may collect the debt by administrative offset subject to the following:\n\n(1) The debt is certain in amount; and\n\n(2) It is in the best interests of the United States to collect the debt by administrative offset because of the decreased costs of collection and the acceleration in the payment of the debt.\n\n(b) The Chairman, or his or her designee, may initiate administrative offset with regard to debts owed by a person to another agency of the United States Government, upon receipt of a request from the head of another agency or his or her designee, and a certification that the debt exists and that the person has been afforded the necessary due process rights.\n\n(c) The Chairman, or his or her designee, may request another agency that holds funds payable to a Commission debtor to offset the debt against the funds held and will provide certification that:\n\n(1) The debt exists; and\n\n(2) The person has been afforded the necessary due process rights.\n\n(d) If the six-year period for bringing action on a debt provided in 28 U.S.C. 2415 has expired, then administrative offset may be used to collect the debt only if the costs of bringing such action are likely to be less than the amount of the debt.\n\n(e) No collection by administrative offset shall be made on any debt that has been outstanding for more than 10 years unless facts material to the Government's right to collect the debt were not known, and reasonably could not have been known, by the official or officials responsible for discovering and collecting such debt.\n\n(f) These regulations do not apply to:\n\n(1) A case in which administrative offset of the type of debt involved is explicitly provided for or prohibited by another statute; or\n\n(2) Debts owed by other agencies of the United States or by any State or local government."], ["46:46:9.0.1.1.6.0.1.4", 46, "Shipping", "IV", "A", "505", "PART 505\u2014ADMINISTRATIVE OFFSET", "", "", "", "\u00a7 505.4 Notification procedures.", "FMC", "", "", "", "Before collecting any debt through administrative offset, a notice of intent to offset shall be sent to the debtor by certified mail, return receipt requested, at the most current address that is available to the Commission. The notice shall provide:\n\n(a) A description of the nature and amount of the debt and the intention of the Commission to collect the debt through administrative offset;\n\n(b) An opportunity to inspect and copy the records of the Commission with respect to the debt;\n\n(c) An opportunity for review within the Commission of the determination of the Commission with respect to the debt; and\n\n(d) An opportunity to enter into a written agreement for the repayment of the amount of the debt."], ["46:46:9.0.1.1.6.0.1.5", 46, "Shipping", "IV", "A", "505", "PART 505\u2014ADMINISTRATIVE OFFSET", "", "", "", "\u00a7 505.5 Agency review.", "FMC", "", "", "", "(a) A debtor may dispute the existence of the debt, the amount of debt, or the terms of repayment. A request to review a disputed debt must be submitted to the Commission official who provided notification within 30 calendar days of the receipt of the written notice described in \u00a7 505.4.\n\n(b) If the debtor requests an opportunity to inspect or copy the Commission's records concerning the disputed claim, 10 business days will be granted for the review. The time period will be measured from the time the request for inspection is granted or from the time the copy of the records is received by the debtor.\n\n(c) Pending the resolution of a dispute by the debtor, transactions in any of the debtor's account(s) maintained in the Commission may be temporarily suspended. Depending on the type of transaction the suspension could preclude its payment, removal, or transfer, as well as prevent the payment of interest or discount due thereon. Should the dispute be resolved in the debtor's favor, the suspension will be immediately lifted.\n\n(d) During the review period, interest, penalties, and administrative costs authorized under the Federal Claims Collection Act of 1996, as amended, will continue to accrue."], ["46:46:9.0.1.1.6.0.1.6", 46, "Shipping", "IV", "A", "505", "PART 505\u2014ADMINISTRATIVE OFFSET", "", "", "", "\u00a7 505.6 Written agreement for repayment.", "FMC", "", "", "", "A debtor who admits liability but elects not to have the debt collected by administrative offset will be afforded an opportunity to negotiate a written agreement for the repayment of the debt. If the financial condition of the debtor does not support the ability to pay in one lump-sum, reasonable installments may be considered. No installment arrangement will be considered unless the debtor submits a financial statement, executed under penalty of perjury, reflecting the debtor's assets, liabilities, income, and expenses. The financial statement must be submitted within 10 business days of the Commission's request for the statement. At the Commission's option, a confess-judgment note or bond of indemnity with surety may be required for installment agreements. Notwithstanding the provisions of this section, any reduction or compromise of a claim will be governed by 4 CFR part 103."], ["46:46:9.0.1.1.6.0.1.7", 46, "Shipping", "IV", "A", "505", "PART 505\u2014ADMINISTRATIVE OFFSET", "", "", "", "\u00a7 505.7 Administrative offset.", "FMC", "", "", "", "(a) If the debtor does not exercise the right to request a review within the time specified in \u00a7 505.5 or if as a result of the review, it is determined that the debt is due and no written agreement is executed, then administrative offset shall be ordered in accordance with these regulations without further notice.\n\n(b) Requests for offset to other Federal agencies. The Chairman or his or her designee may request that funds due and payable to a debtor by another Federal agency be administratively offset in order to collect a debt owed to the Commission by that debtor. In requesting administrative offset, the Commission, as creditor, will certify in writing to the Federal agency holding funds of the debtor:\n\n(1) That the debtor owes the debt;\n\n(2) The amount and basis of the debt; and\n\n(3) That the agency has complied with the requirements of 31 U.S.C. 3716, its own administrative offset regulations and the applicable provisions of 4 CFR part 102 with respect to providing the debtor with due process.\n\n(c) Requests for offset from other Federal agencies. Any Federal agency may request that funds due and payable to its debtor by the Commission be administratively offset in order to collect a debt owed to such Federal agency by the debtor. The Commission shall initiate the requested offset only upon:\n\n(1) Receipt of written certification from the creditor agency:\n\n(i) That the debtor owes the debt;\n\n(ii) The amount and basis of the debt;\n\n(iii) That the agency has prescribed regulations for the exercise of administrative offset; and\n\n(iv) That the agency has complied with its own administrative offset regulations and with the applicable provisions of 4 CFR part 102, including providing any required hearing or review.\n\n(2) A determination by the Commission that collection by offset against funds payable by the Commission would be in the best interest of the United States as determined by the facts and circumstances of the particular case, and that such offset would not otherwise be contrary to law."], ["46:46:9.0.1.1.6.0.1.8", 46, "Shipping", "IV", "A", "505", "PART 505\u2014ADMINISTRATIVE OFFSET", "", "", "", "\u00a7 505.8 Jeopardy procedure.", "FMC", "", "", "", "The Commission may effect an administrative offset against a payment to be made to the debtor prior to the completion of the procedures required by \u00a7\u00a7 505.4 and 505.5 of this part if failure to take the offset would substantially jeopardize the Commission's ability to collect the debt, and the time before the payment is to be made does not reasonably permit the completion of those procedures. Such prior offset shall be promptly followed by the completion of those procedures. Amounts recovered by offset but later found not to be owed to the Commission shall be promptly refunded."], ["7:7:6.1.2.1.6.0.1.1", 7, "Agriculture", "V", "", "505", "PART 505\u2014NATIONAL AGRICULTURAL LIBRARY FEES FOR LOANS AND COPYING", "", "", "", "\u00a7 505.1 Scope and purpose.", "ARS", "", "", "", "These regulations establish fees for loans, copying, or reproduction of materials in the collections of the National Agricultural Library (NAL) within the United States Department of Agriculture (USDA)."], ["7:7:6.1.2.1.6.0.1.2", 7, "Agriculture", "V", "", "505", "PART 505\u2014NATIONAL AGRICULTURAL LIBRARY FEES FOR LOANS AND COPYING", "", "", "", "\u00a7 505.2 Fees for loans, copying, and reproduction of materials in library collections.", "ARS", "", "", "", "(a) NAL will provide interlibrary loan service (including loans of original materials from its collections and copies of portions of documents with copyright compliance) and charge fees for such service to other non-Federal and non-USDA libraries and institutions. Loans will be provided within the United States and Canada only. Copies will be provided within the United States and internationally.\n\n(b) Interlibrary loan service will be provided at a flat fee of $18 per request for libraries paying electronically through the Online Computer Library Center's (OCLC) Interlibrary Loan Fee Management (IFM) program and at a flat rate of $25 per request for libraries paying by other methods.\n\n(c) Cost for replacement of lost or damaged items will be the actual cost to purchase a replacement plus a $50.00 processing fee; or if replacement cost cannot be determined, a flat rate of $75.00 for monographs or $150.00 for audiovisuals per item plus a $50.00 processing fee.\n\n(d) Photographic services from NAL Special Collections will be charged at cost for reproduction of the photo product (slides, transparencies, etc.) plus a preparation fee of $25.00 per half hour or fraction thereof."], ["7:7:6.1.2.1.6.0.1.3", 7, "Agriculture", "V", "", "505", "PART 505\u2014NATIONAL AGRICULTURAL LIBRARY FEES FOR LOANS AND COPYING", "", "", "", "\u00a7\u00a7 505.3-505.5 [Reserved]", "ARS", "", "", "", ""], ["7:7:6.1.2.1.6.0.1.4", 7, "Agriculture", "V", "", "505", "PART 505\u2014NATIONAL AGRICULTURAL LIBRARY FEES FOR LOANS AND COPYING", "", "", "", "\u00a7 505.6 Payment of fees.", "ARS", "", "", "", "NAL charges for interlibrary loans through OCLC's IFM Program (an electronic debit/credit payment program for libraries using OCLC's resource sharing service) or by invoice through the National Technical Information Service (NTIS) of the United States Department of Commerce. Payment for invoiced services will be made by check, money order, or credit card in U.S. funds directly to NTIS upon receipt of invoice from NTIS. NAL encourages users to establish deposit accounts with NTIS for payment of interlibrary loan fees. Subject to a reduction for the actual costs of performing the invoicing service by NTIS, all funds will be returned to NAL for credit to the appropriations account charged with the cost of processing the interlibrary loan request."]], "truncated": false, "filtered_table_rows_count": 26, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "505"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=505", "results": [{"value": 46, "label": 46, "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&title_number=46", "selected": false}, {"value": 28, "label": 28, "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&title_number=28", "selected": false}, {"value": 29, "label": 29, "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&title_number=29", "selected": false}, {"value": 7, "label": 7, "count": 4, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&title_number=7", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=505", "results": [{"value": "FMC", "label": "FMC", "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&agency=FMC", "selected": false}, {"value": "BOP", "label": "BOP", "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&agency=BOP", "selected": false}, {"value": "DOL-WHD", "label": "DOL-WHD", "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&agency=DOL-WHD", "selected": false}, {"value": "ARS", "label": "ARS", "count": 4, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&agency=ARS", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=505", "results": [{"value": "505", "label": "505", "count": 26, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&_facet=part_name"}, {"name": "section_heading", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&_facet=section_heading"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=505&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 8.427566150203347, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}