cfr_sections
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11 rows where agency = "DNFSB" and part_number = 1710 sorted by section_id
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| 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 |
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| 10:10:5.0.5.5.9.1.46.1 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | A | Subpart A—General Provisions | § 1710.101 Scope. | DNFSB | (a) This part provides procedures for the collection by administrative offset of a federal employee's salary without his/her consent to satisfy certain debts owed to the federal government. This part applies to all federal employees who owe debts to the Defense Nuclear Facilities Safety Board (Board) and to current employees of the Board who owe debts to other federal agencies. This part does not apply when the employee consents to recovery from his/her current pay account. (b) These procedures do not apply to debts or claims arising under: (1) The Internal Revenue Code of 1954, as amended, 26 U.S.C. 1 et seq.; (2) The tariff laws of the United States; or (3) Any case where a collection of a debt is explicitly provided for or prohibited by another statute. (c) These procedures do not preclude the compromise, suspension, or termination of collection action where appropriate under the standards implementing the revised Federal Claims Collection Standards (FCCS), 31 U.S.C. 3711 et seq., 31 CFR chapter IX, parts 900 through 904. (d) This part does not preclude an employee from requesting waiver of an overpayment under 5 U.S.C. 5584 or in any way questioning the amount or validity of the debt by submitting a subsequent claim to the Board. This part does not preclude an employee from requesting a waiver pursuant to other statutory provisions applicable to the particular debt being collected. (e) The Board is not limited to collection remedies contained in the revised FCCS. The FCCS is not intended to impair common law remedies. | |||||
| 10:10:5.0.5.5.9.1.46.2 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | A | Subpart A—General Provisions | § 1710.103 Definitions. | DNFSB | Administrative charges are those amounts assessed by the Board to cover the costs of processing and handling delinquent debts due the government. Administrative offset 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 United States Government. Agency means any agency of the executive, legislative, and judicial branches of the federal government, including government corporations. Centralized salary offset computer matching describes the computerized process used to match delinquent debt records with federal salary payment records when the purpose of the match is to identify federal employees who owe debts to the federal government. Creditor agency means the agency to which the debt is owed, including a debt collection center when acting on behalf of a creditor agency in matters pertaining to the collection of a debt. Debt and claim are used synonymously to refer to an amount of money, funds, or property that has been determined by an agency official to be owed to the United States from any person, organization, or entity, except another federal agency. For the purposes of administrative offset under 31 U.S.C. 3716, the terms “debt” and “claim” include an amount of money, funds, or property owed by a person to a state (including past-due support being enforced by a state), the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Commonwealth of Puerto Rico. Debt collection center means the Department of the Treasury or other government agency or division designated by the Secretary of the Treasury, with authority to collect debts on behalf of creditor agencies. Delinquent debt record refers to the information about a debt that an agency submits to Treasury when the agency refers the debt for collection by offset in accordance with the provision of 31 U.S.C. 3716. Disbursing official means an official who has authority to… | |||||
| 10:10:5.0.5.5.9.1.46.3 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | A | Subpart A—General Provisions | § 1710.105 Application. | DNFSB | The regulations in this part are to be followed when: (a) The Board is owed a debt by an individual currently employed by another federal agency; (b) The Board is owed a debt by an individual who is a current employee of the Board; or (c) The Board employs an individual who owes a debt to another federal agency. | |||||
| 10:10:5.0.5.5.9.2.46.1 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | B | Subpart B—Notice, Hearing, and Salary Offset Process | § 1710.107 Notice requirements. | DNFSB | (a) Deductions under the authority of 5 U.S.C. 5514 shall not be made unless the creditor agency provides the employee with written notice that he/she owes a debt to the Federal government a minimum of 30 calendar days before salary offset is initiated. When the Board is the creditor agency, this notice of intent to offset an employee's salary shall be hand-delivered at work, or sent by registered mail, return receipt requested, to the employee's most current address that is available to the Board. The written notice will contain: (1) A statement that the debt is owed and an explanation of its origin, nature, and amount; (2) The creditor agency's intention to collect the debt by deducting from the employee's current disposable pay account until the debt and all accumulated interest are paid in full; (3) The amount and frequency of the intended deduction (stated as a fixed dollar amount or as a percentage of pay, not to exceed 15 percent of disposable pay) and the intention to continue the deduction until the debt is paid in full or otherwise resolved; (4) An explanation of interest, penalties, and administrative charges, including a statement that these charges will be assessed unless excused in accordance with the Federal Claims Collection Standards at 31 CFR parts 900 through 904; (5) The employee's right to inspect and copy government records pertaining to the debt or, if the employee or his or her representative cannot personally inspect the records, to request and receive a copy of these records; (6) If not previously provided, the opportunity (under terms agreeable to the Board) to establish a schedule for the voluntary repayment of the debt or to enter into a written agreement to establish a schedule for repayment of the debt in lieu of offset (31 CFR 901.2) (the agreement must be in writing, signed by the employee and the Board, and documented in the Board's files); (7) The employee's right to a hearing conducted by an official arranged for by the Board (an administrative law judge, or alternativel… | |||||
| 10:10:5.0.5.5.9.2.46.2 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | B | Subpart B—Notice, Hearing, and Salary Offset Process | § 1710.109 Hearing. | DNFSB | (a) Request for hearing. An employee shall file a petition for a hearing in accordance with the instructions outlined in the creditor agency's notice of salary offset. (1) If the Board is the creditor agency, a hearing may be requested by filing a written petition stating why the employee disputes the existence or amount of the debt or the repayment schedule if it was not established by written agreement between the employee and the Board. The employee shall sign the petition and fully identify and explain with reasonable specificity all the facts, evidence, and witnesses, if any, which the employee believes support his or her position. The petition for a hearing must be received no later than fifteen (15) calendar days after receipt of the notice of offset unless the employee can show that the delay in meeting the deadline date was because of circumstances beyond his or her control or because of failure to receive notice of the time limit (unless he or she was otherwise aware of it). (2) [Reserved] (b) Failure to submit timely request for hearing. If the employee fails to submit a request for hearing within the time period described in paragraph (a)(1) of this section, the employee will have waived the right to a hearing, and salary offset may be initiated. The Board, however, shall accept a late request for hearing if the employee can show that the late request was the result of circumstances beyond the employee's control or because of a failure to receive actual notice of the filing deadline. (c) Hearing official. The Board must obtain the services of a hearing official who is not under the supervision or control of the Board. The Board may contact the Chief Financial Officer to request a hearing official. (d) Notice of hearing. After the employee requests a hearing, the designated hearing official shall inform the employee of the form of the hearing to be provided. For oral hearings, the notice shall set forth the date, time, and location of the hearing. For paper hearings, the notice shall notif… | |||||
| 10:10:5.0.5.5.9.2.46.3 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | B | Subpart B—Notice, Hearing, and Salary Offset Process | § 1710.111 Procedures for salary offset. | DNFSB | (a) Determination of disposable pay. The Board will determine an employee's disposable pay (as defined in § 1710.103) and will implement salary offset as described in paragraph (c) of this section, or when requested by another agency, as described in § 1710.113(c). If the debtor is not employed by the Board, the Board will request the agency employing the debtor to determine the amount of the employee's disposable pay and implement salary offset upon request. (b) When salary offset begins. Deductions will begin within three official pay periods following receipt of the creditor agency's request for offset. (c) Amount of salary offset. The amount to be offset from each salary payment will be up to 15 percent of a debtor's disposable pay, as follows: (1) If the amount of the debt is equal to or less than 15 percent of the disposable pay, such debt generally will be collected in one lump sum payment; (2) Installment deductions will be made over a period of no greater than the anticipated period of employment. An installment deduction will not exceed 15 percent of the disposable pay from which the deduction is made unless the employee has agreed in writing to the deduction of a greater amount. An installment deduction may be less than 15 percent of disposable pay if the creditor agency has determined that smaller deductions are appropriate based on the employee's ability to pay. (d) Final salary payment. After the employee has separated either voluntarily or involuntarily from the payment agency, the p]ayment agency may make a lump sum deduction exceeding 15 percent of disposable pay from any final salary or other payments pursuant to 31 U.S.C. 3716 in order to satisfy the debt. (e) Multiple debts. In instances where two or more creditor agencies are seeking salary offset, or where two or more debts are owed to a single creditor agency, the Board's finance office may, at its discretion, determine whether one or more debts should be offset simultaneously within the 15 percent limitation. (f) Preceden… | |||||
| 10:10:5.0.5.5.9.2.46.4 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | B | Subpart B—Notice, Hearing, and Salary Offset Process | § 1710.113 Coordinating salary offset with other agencies. | DNFSB | (a) Responsibility of the Board as the creditor agency. The Chairperson or his or her designee shall coordinate debt collections with other agencies and shall, as appropriate: (1) Arrange for a hearing or special review upon proper petitioning by a federal employee; and (2) Prescribe, upon consultation with the General Counsel, such additional practices and procedures as may be necessary to carry out the intent of this regulation. (3) The designated salary offset coordinator will be responsible for: (i) Ensuring that each notice of intent to offset is consistent with the requirements of §§ 1710.107 and 1710.111 of this part; (ii) Ensuring that each certification of debt that is sent to a paying agency is consistent with the requirements of paragraph (b) of this section; (iii) Obtaining hearing officials; and (iv) Ensuring that hearings are properly scheduled. (b) Requesting recovery from current paying agency. Upon completion of the procedures established in these regulations and pursuant to 5 U.S.C. 5514, the Board must: (1) Certify, in writing, to the paying agency that the employee owes the debt, the amount and basis of the debt, the date on which payment(s) is due, the date the Government's right to collect the debt first accrued, and that the Board's regulations implementing 5 U.S.C. 5514 have been approved by the Office of Personnel Management; (2) Advise the paying agency of the amount or percentage of disposable pay to be collected in each installment and the number and commencing date of the installments (if a date other than the next officially established pay period is required); (3) Advise the paying agency of the action(s) taken under 5 U.S.C. 5514(b) and give the date(s) action(s) were taken (unless the employee has consented to the salary offset in writing or signed a statement acknowledging receipt of the required procedures and the written consent or statement is forwarded to the paying agency); (4) Submit a debt claim certification containing the information specified in paragrap… | |||||
| 10:10:5.0.5.5.9.2.46.5 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | B | Subpart B—Notice, Hearing, and Salary Offset Process | § 1710.115 Notice of salary offset from another agency. | DNFSB | (a) Complete claim. When the Board receives a certified claim from a creditor agency, deductions should be scheduled to begin at the next officially established pay interval. The Board's finance office will provide the employee with a notice that contains: (1) A statement that the Board has received a certified debt claim from the creditor agency; (2) The amount of the debt claim; (3) The date salary offset deductions will begin; (4) The amount of such deductions; and (5) A copy of the notice received from the creditor agency. (b) Notice of Claim. The Board's finance office will provide a copy of the notice to the creditor agency and advise the creditor agency of the dollar amount to be offset and the pay period when the offset will begin. (c) Incomplete claim. When the Board receives an incomplete certification of debt from a creditor agency, it must return the debt claim with notice that procedures under 5 U.S.C. 5514 and 10 CFR 1710.113 must be followed and a properly certified debt claim received before action will be taken to collect from the employee's current pay account. (d) Review. The Board will not review the merits of the creditor agency's determination with respect to the amount or validity of the debt certified by the creditor agency. (e) Employees who transfer from one paying agency to another. If, after the creditor agency has submitted the debt claim to the Board, the employee transfers from the Board to a different paying agency before the debt is collected in full, the Board will certify the total amount collected on the debt. One copy of the certification will be furnished to the employee and one copy to the creditor agency, along with notice of the employee's transfer. | |||||
| 10:10:5.0.5.5.9.2.46.6 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | B | Subpart B—Notice, Hearing, and Salary Offset Process | § 1710.117 Refunds. | DNFSB | (a) The Board will refund promptly any amounts deducted to satisfy debts owed to the United States when the debt is waived, found not owed to the United States, or when directed by an administrative or judicial order. (b) Unless required or permitted by law or contract, refunds under this section may not bear interest. | |||||
| 10:10:5.0.5.5.9.2.46.7 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | B | Subpart B—Notice, Hearing, and Salary Offset Process | § 1710.119 Non-waiver of rights. | DNFSB | An employee's involuntary payment of all or any part of a debt collected under these regulations will not be construed as a waiver of any rights that the employee may have under 5 U.S.C. 5514 or any other provision of contract or law, unless there are statutes or contracts to the contrary. | |||||
| 10:10:5.0.5.5.9.2.46.8 | 10 | Energy | XVII | 1710 | PART 1710—FEDERAL EMPLOYEE SALARY OFFSET PROCEDURES FOR THE COLLECTION OF A DEBT OWED TO THE FEDERAL GOVERNMENT | B | Subpart B—Notice, Hearing, and Salary Offset Process | § 1710.121 Interest, penalties, and administrative charges. | DNFSB | Charges may be assessed for interest, penalties, and administrative charges in accordance with the FCCS, 31 CFR 901.9. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);