cfr_sections
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31 rows where agency = "FMCS" and part_number = 1450 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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| 29:29:4.1.3.1.13.1.1.1 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | A | Subpart A—General Provisions | § 1450.1 Definitions. | FMCS | (a) The term agency means the Federal Mediation and Conciliation Service (FMCS) or any other agency of the U.S. Government as stated at § 1450.20. (b) The term agency head means the Director of the Federal Mediation and Conciliation Service. (c) The terms appropriate agency official or designee mean the Director of the Financial Management Staff of FMCS, or such other official as may be named in the future by the Director of FMCS. (d) The terms claim and debt are deemed synonymous and interchangeable. They refer to an amount of money or property which has been determined by an appropriate agency official to be owed to the United States from any person, organization or entity, except another Federal agency. (e) A debt is considered delinquent if it has not been paid by the date specified in the agency's written notification or applicable contractual agreement, unless other satisfactory payment arrangements have been made by that date, or if at any time thereafter the debtor fails to satisfy obligations under a payment agreement with the agency. (f) The term referral for litigation means referral to the Department of justice for appropriate legal proceedings. | |||||
| 29:29:4.1.3.1.13.1.1.2 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | A | Subpart A—General Provisions | § 1450.2 Exceptions. | FMCS | (a) Claims arising from the audit of transportation accounts pursuant to 31 U.S.C. 3726 shall be determined, collected, compromised, terminated or settled in accordance with regulations published under the authority of 31 U.S.C. 3726 (see 41 CFR part 101-41). (b) Claims arising out of acquisition contracts subject to the Federal Acquisition Regulations (FAR) shall be determined, collected, compromised, terminated, or settled in accordance with those regulations. (See 48 CFR part 32). If not otherwise provided for in the FAR system, contract claims that have been the subject of a contracting officer's final decision in accordance with section 6(a) of the Contract Disputes Act of 1978 (41 U.S.C. 605)(a)), may be determined, collected, compromised, terminated or settled under the provisions of this regulation, except that no additional review of the debt shall be granted beyond that provided by the contracting officer in accordance with the provisions of section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605), and the amount of any interest, administrative charge, or penalty charge shall be subject to the limitations, if any, contained in the contract out of which the claim arose. (c) Claims based in whole or in part on conduct in violation of the antitrust laws, or in regard to which there is an indication of fraud, presentation of a false claim, or misrepresentation on the part of the debtor or any other party having an interest in the claim, shall be referred to the Department of Justice (DOJ) as only the DOJ has authority to compromise, suspend, or terminate collection action on such claims. (d) Tax claims are also excluded from the coverage of this regulation. | |||||
| 29:29:4.1.3.1.13.1.1.3 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | A | Subpart A—General Provisions | § 1450.3 Use of procedures. | FMCS | Procedures authorized by this regulation (including, but not limited to, disclosure to a consumer reporting agency, contracting for collection services, administrative offset and salary offset) may be used singly or in combination, so long as the requirements of applicable law and regulation are satisfied. | |||||
| 29:29:4.1.3.1.13.1.1.4 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | A | Subpart A—General Provisions | § 1450.4 Conformance to law and regulations. | FMCS | The requirements of applicable law (31 U.S.C 3701-3719 and 5 U.S.C. 5514 as amended by Pub. L. 97-365, 96 Stat. 1749) have been implemented in Governmentwide standards: (a) The Regulations of the Office of Personnel Management (5 CFR part 550), (b) The Federal Claims Collection Standards issued jointly by the General Accounting Office and the Department of Justice (4 CFR parts 101-105), and (c) The procedures prescribed by the Office of Management and Budget in Circular A-129 of May 9, 1985. Not every item in the above described standards has been incorporated or referenced in this regulation. To the extent, however, that circumstances arise which are not covered by the terms stated in this regulation, FMCS will proceed in any actions taken in accordance with applicable requirements found in the sources referred to in paragraphs (a), (b), and (c) of this section. | |||||
| 29:29:4.1.3.1.13.1.1.5 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | A | Subpart A—General Provisions | § 1450.5 Other procedures. | FMCS | Nothing contained in this regulation is intended to require FMCS to duplicate administrative proceedings required by contract or other laws or regulations. | |||||
| 29:29:4.1.3.1.13.1.1.6 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | A | Subpart A—General Provisions | § 1450.6 Informal action. | FMCS | Nothing contained in this regulation is intended to preclude utilization of informal administrative actions or remedies which may be available. | |||||
| 29:29:4.1.3.1.13.1.1.7 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | A | Subpart A—General Provisions | § 1450.7 Return of property. | FMCS | Nothing contained in this regulation is intended to deter FMCS from demanding the return of specific property or from demanding, the return of the property or the payment of its value. | |||||
| 29:29:4.1.3.1.13.1.1.8 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | A | Subpart A—General Provisions | § 1450.8 Omissions not a defense. | FMCS | The failure of FMCS to comply with any provision in this regulation shall not serve as a defense to the debt. | |||||
| 29:29:4.1.3.1.13.2.1.1 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | B | Subpart B—Administrative Offset—Consumer Reporting Agencies—Contracting for Collection | § 1450.9 Demand for payment. | FMCS | Prior to making an administrative offset, demand for payment will be made as stated below: (a) Written demands shall be made promptly upon a debtor in terms which inform the debtor of the consequences of failure to cooperate. A total of three progressively stronger written demands at not more than 30-day intervals will normally be made unless a response to the first or second demand indicates that a further demand would be futile and the debtor's response does not require rebuttal. In determining the timing of demand letters, FMCS will give due regard to the need to act promptly so that, as a general rule, if necessary to refer the debt to the Department of Justice for litigation, such referral can be made within one year of the agency's final determination of the fact and the amount of the debt. When necessary to protect the Government's interest (for example, to prevent the statute of limitations, 28 U.S.C. 2415, from expiring), written demand may be preceded by other appropriate actions under this subpart including immediate referral for litigation. (b) The initial demand letter will inform the debtor of: (1) The basis for the indebtedness and the right of the debtor to request review within the agency; (2) The applicable standards for assessing interest, penalties, and administrative costs (subpart D of this regulation) and (3) The date by which payment is to be made, which normally should be not more than 30 days from the date that the initial demand letter was mailed or hand-delivered. FMCS will exercise care to insure that demand letters are mailed or hand-delivered on the same day that they are actually dated. Apart from this, there is no prescribed format for the demand letters. (c) As appropriate to the circumstances, FMCS may include either in the initial demand letter or in subsequent letters, matters relating to alternative methods of payment, policies with respect to use of consumer reporting agencies and collection services, the agency's intentions with respect to referral of the debt to the … | |||||
| 29:29:4.1.3.1.13.2.1.2 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | B | Subpart B—Administrative Offset—Consumer Reporting Agencies—Contracting for Collection | § 1450.10 Collection by administrative offset. | FMCS | (a) Collection by administrative offset will be undertaken in accordance with these regulations on all claims which are liquidated or certain in amount, in every instance in which such collection is determined to be feasible and not otherwise prohibited. (1) For purposes of this section, the term “administrative offset” is the same as stated in 31 U.S.C. 3716(a)(1). (2) Whether collection by administrative offset is feasible is a determination to be made by the agency on a case-by-case basis, in the exercise of sound discretion. FMCS will consider not only whether administrative offset can be accomplished practically, but also whether offset is best suited to further and protect all of the Government's interests. In appropriate circumstances, FMCS may give due consideration to the debtor's financial condition and is not required to use offset in every instance in which there is an available source of funds. FMCS may also consider whether offset would tend to substantially interfere with or defeat the purposes of the program authorizing the payments against which offset is contemplated. For example, under a grant program in which payments are made in advance of the grantee's performance, offset will normally be inappropriate. This concept generally does not apply, however, where payment is in the form of reimbursement. (b) Before the offset is made, a debtor shall be provided with the following: Written notice of the nature and amount of the debt, and the agency's intention to collect by offset; opportunity to inspect and copy agency records pertaining to the debt; opportunity to obtain review within the agency of the determination of indebtedness; and opportunity to enter into a written agreement with the agency to repay the debt. FMCS may also make requests for offset to other agencies holding funds payable to the debtor, and process requests for offset that are received from other agencies. (1) FMCS will exercise sound judgment in determining whether to accept a repayment agreement in lieu of offset. The de… | |||||
| 29:29:4.1.3.1.13.2.1.3 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | B | Subpart B—Administrative Offset—Consumer Reporting Agencies—Contracting for Collection | § 1450.11 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund. | FMCS | (a) Unless otherwise prohibited by law, FMCS may request that moneys which are due and payable to a debtor from the Civil Service Retirement and Disability Fund be administratively offset in reasonable amounts in order to collect in one full payment, or a minimal number of payments, debts owed to the United States by the debtor. Such requests shall be made to the appropriate officials of the Office of Personnel Management in accordance with such regulations as may be prescribed by the Director of that Office. (b) When making a request for administrative offset under paragraph (a) of this section, FMCS shall include a written certification that: (1) The debtor owes the United States a debt, including the amount of the debt; (2) The FMCS has complied with the applicable statutes, regulations, and procedures of the Office of Personnel Management; and (3) The FMCS has complied with the requirements of § 1450.10 of this subpart, including any required hearing or review. (c) Once FMCS decides to request adminstrative offset under paragraph (a) of this section, it will make the request as soon as practical after completion of the applicable procedures in order that the Office of Personnel Management may identify and “flag” the debtor's account in anticipation of the time when the debtor requests or become eligible to receive payments from the Fund. This will satisfy any requirement that offset be initiated prior to expiration of the applicable statute of limitations. At such time as the debtor makes a claim for payments from the Fund, if at least a year has elapsed since the offset request was originally made, the debtor should be permitted to offer a satisfactory payment plan in lieu of offset upon establishing that changed financial circumstances would render the offset unjust. (d) If FMCS collects part or all of the debt by other means before deductions are made or completed pursuant to paragraph (a) of this section, FMCS shall act promptly to modify or terminate its request for offset under paragraph (a) of th… | |||||
| 29:29:4.1.3.1.13.2.1.4 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | B | Subpart B—Administrative Offset—Consumer Reporting Agencies—Contracting for Collection | § 1450.12 Collection in installments. | FMCS | (a) Whenever feasible, and except as otherwise provided by law, debts owed to the United States, together with interest, penalties, and administrative costs as required by this regulation should be collected in full in one lump sum. This is true whether the debt is being collected by administrative offset or by another method, including voluntary payment. However, if the debtor is financially unable to pay the indebtedness in one lump sum, payment may be accepted in regular installments. FMCS will obtain financial statements from debtors who represent that they are unable to pay the debt in one lump sum. If FMCS agrees to accept payment in regular installments it will obtain a legally enforceable written agreement from the debtor which specifies all of the terms of the arrangement and which contains a provision accelerating the debt in the event the debtor defaults. The size and frequency of installment payments should bear a reasonable relation to the size of the debt and the debtor's ability to pay. If possible, the installment payments should be sufficient in size and frequency to liquidate the Government's claim in not more than 3 years. Installment payments of less than $50 per month will be accepted only if justifiable on the grounds of financial hardship or some other reasonable cause. (b) If the debtor owes more than one debt and designates how a voluntary installment payment is to be applied as among those debts, that designation must be followed. If the debtor does not designate the application of the payment, FMCS will apply payments to various debts in accordance with the best interests of the United States, as determined by the facts and circumstances of the particular case, paying special attention to applicable statutes of limitations. | |||||
| 29:29:4.1.3.1.13.2.1.5 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | B | Subpart B—Administrative Offset—Consumer Reporting Agencies—Contracting for Collection | § 1450.13 Exploration of compromise. | FMCS | FMCS may attempt to effect compromise, preferably during the course of personal interviews, in accordance with the standards set forth in part 103 of the Federal Claims Collection Standards (4 CFR part 103). | |||||
| 29:29:4.1.3.1.13.2.1.6 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | B | Subpart B—Administrative Offset—Consumer Reporting Agencies—Contracting for Collection | § 1450.14 Suspending or termination collection action. | FMCS | The suspension or termination of collection action shall be made in accordance with the standards set forth in part 104 of the Federal Claims Collection Standards (4 CFR part 104). | |||||
| 29:29:4.1.3.1.13.2.1.7 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | B | Subpart B—Administrative Offset—Consumer Reporting Agencies—Contracting for Collection | § 1450.15 Referrals to the Department of Justice or the General Accounting Office. | FMCS | Referrals to the Department of Justice or the General Accounting Office shall be made in accordance with the standards set forth in part 105 of the Federal Claims Collection Standards (4 CFR part 105). | |||||
| 29:29:4.1.3.1.13.2.1.8 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | B | Subpart B—Administrative Offset—Consumer Reporting Agencies—Contracting for Collection | § 1450.16 Use of consumer reporting agencies. | FMCS | (a) The term individual means a natural person, and the term “consumer reporting agency” has the meaning provided in the Federal Claims Collection Act, as amended, at 31 U.S.C. 3701(a)(3) or the Fair Credit Reporting Act, at 15 U.S.C. 1681a(f). (b) FMCS may disclose to a consumer reporting agency, from a system of records, information that an individual is responsible for a claim if— (1) Notice required by section 5 U.S.C. 552(a)(e)(4) indicates that information in the system may be disclosed to a consumer reporting agency; (2) The claim has been reviewed and it is decided that the claim is valid and overdue; (3) FMCS has notified the individual in writing— (i) That payment of the claim is overdue; (ii) That, within not less than 60 days after sending the notice, FMCS intends to disclose to a consumer reporting agency that the individual is responsible for that claim; (iii) Of the specific information to be disclosed to the consumer reporting agency; and (iv) Of the rights the individual has to a complete explanation of the claim, to dispute information in the records of the agency about the claim, and to administrative appeal or review of the claim; and (4) The individual has not— (i) Repaid or agreed to repay the claim under a written repayment plan that the individual has signed and the agency has agreed to; or (ii) Filed for review of the claim under paragraph (g) of this section; (c) FMCS will also—(1) Disclose promptly, to each consumer reporting agency to which the original disclosure was made, a substantial change in the condition or amount of the claim; (2) Verify or correct promptly information about the claim, on request of a consumer reporting agency for verification of information disclosed; and (3) Get satisfactory assurances from each consumer reporting agency that they are complying with all laws of the United States related to providing consumer credit information; and assure that (d) The information disclosed to the consumer reporting agency is limited to (1) Information necessa… | |||||
| 29:29:4.1.3.1.13.2.1.9 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | B | Subpart B—Administrative Offset—Consumer Reporting Agencies—Contracting for Collection | § 1450.17 Contracting for collection services. | FMCS | (a) FMCS has authority to contract for collection services to recover delinquent debts, provided that the following conditions are satisfied; (1) The authority to resolve disputes, compromise claims, suspend or terminate collection action, and refer the matter for litigation is retained by the agency; (2) The contractor shall be subject to the Privacy Act of 1974, as amended to the extent specified in 5 U.S.C. 552a(m), and to applicable Federal and State laws and regulations pertaining to debt collection practices, such as the Fair Debt Collection Practices Act, 15 U.S.C. 1692; (3) The contractor must be required to account strictly for all amounts collected; (4) The contractor must agree that uncollectible accounts shall be returned with appropriate documentation to enable FMCS to determine whether to pursue collection through litigation or to terminate collection efforts, and (5) The contractor must agree to provide any data contained in its files relating to paragraphs (a) (1), (2), and (3) of § 105.2 of the Federal Claims Collection Standards (4 CFR part 105) upon returning an account to FMCS for subsequent referral to the Department of Justice for litigation. (b) Funding of collection service contracts: (1) FMCS may fund a collection service contract on a fixed-fee basis, that is, payment of a fixed fee determined without regard to the amount actually collected under the contract. Payment of the fee under this type of contract must be charged to available agency appropriations. (2) FMCS may also fund a collection service contract on a contingent-fee basis, that is, by including a provision in the contract permitting the contractor to deduct its fee from amounts collected under the contract. The fee should be based on a percentage of the amount collected, consistent with prevailing commercial practice. (3) FMCS may enter into a contract under paragraph (b)(1) of this section only if and to the extent provided in advance in its appropriation acts or other legislation, except that this requirement does … | |||||
| 29:29:4.1.3.1.13.3.1.1 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.18 Purpose. | FMCS | This subpart provides the standards to be followed by FMCS in implementing 5 U.S.C. 5514 to recover a debt from the pay account of an FMCS employee, and establishes procedural guidelines to recover debts when the employee's creditor and paying agencies are not the same. | |||||
| 29:29:4.1.3.1.13.3.1.10 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.27 Interest, penalties, and administrative costs. | FMCS | The assessment of interest, penalties and administrative costs shall be in accordance with subpart D of this regulation. | |||||
| 29:29:4.1.3.1.13.3.1.11 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.28 Recovery when paying agency is not creditor agency. | FMCS | (a) Responsibilities of creditor agency. Upon completion of the procedures established under 5 U.S.C. 5514, the creditor agency must do the following: (1) The creditor agency must certify, in writing, that the employee owes the debt, the amont 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 creditor agency's regulations implementing 5 U.S.C. 5514 have been approved by OPM. (2) If the collection must be made in installments, the creditor agency also must advise the paying agency of the number of installments to be collected, the amount of each installment, and the commencing date of the first installment (if a date other than the next officially established pay period is required). (3) 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, the creditor agency also must advise the paying agency of the action(s) taken under 5 U.S.C. 5514(b) and give the date(s) the action(s) was taken. (4) Except as otherwise provided in this paragraph, the creditor agency must submit a debt claim containing the information specified in paragraphs (a) (1) through (3) of this section and an installment agreement (or other instruction on the payment schedule), if applicable to the employee's paying agency. (5) If the employee is in the process of separating, the creditor agency must submit its claim to the employee's paying agency for collection pursuant to § 1450.24. The paying agency must certify the total amount of its collection and provide copies to the creditor agency and the employee as stated in paragraph (c)(1) of this section. If the paying agency is aware that the employee is entitled to payments from the Civil Service Retirement and Disability Fund, or other similar payments, it must provide written notification to the agency responsible for making such payments that the de… | |||||
| 29:29:4.1.3.1.13.3.1.2 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.19 Scope. | FMCS | (a) Coverage. This subpart applies to agencies and employees as defined by § 1450.20. (b) Applicability. This subpart and 5 U.S.C. 5514 apply in recovering certain debts by offset, except where the employee consents to the recovery, from the current pay account of that employee. Because it is an administrative offset, debt collection procedures for salary offset which are not specified in U.S.C. 5514 and these regulations should be consistent with the provisions of the Federal Claims Collection Standards (4 CFR parts 101-105). (1) Excluded debts or claims. The procedures contained in this subpart do not apply to debts or claims arising under the Internal Revenue Code of 1954 as amended (26 U.S.C. 1 et seq. ), the Social Security Act (42 U.S.C. 301 et seq. ) or the tariff laws of the United States, or to any case where collection of a debt by salary offset is explicitly provided for or prohibited by another statute (e.g., travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108). (2) Waiver requests and claims to the General Accounting Office. This subpart does not preclude an employee from requesting waiver of a salary overpayment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 716, or in any way questioning the amount or validity of a debt by submitting a subsequent claim to the General Accounting Office in accordance with procedures prescribed by the General Accounting Office. Similarly, in the case of other types of debts, it does not preclude an employee from requesting waiver, if waiver is available under any statutory provision pertaining to the particular debt being collected. (c) Time limit. Under 4 CFR 102.3(b)(3), offset may not be initiated more than 10 years after the Government's right to collect the debt first accrued, unless an exception applies as stated in § 102.3(b)(3). | |||||
| 29:29:4.1.3.1.13.3.1.3 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.20 Definitions. | FMCS | For purposes of this subpart— Agency means the Federal Mediation and Conciliation Service (FMCS) or means any other agency of the U.S. Government as defined by section 105 of title 5 U.S.C., including the U.S. Postal Service, and the U.S. Postal Rate Commission, a military department as defined by section 102 of title 5 U.S.C., an agency or court of the judicial branch, and an agency of the legislative branch, including the U.S. Senate and the U.S. House of Representatives. Creditor agency means the agency to which the debt is owed. Debt means an amount owed to the United States from sources which include loans insured or guaranteed by the United States and all other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interests, fines and forfeitures (except those arising under the Uniform Code Military Justice), and all other similar sources. Disposable pay means that part of current basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an employee not entitled to basic pay, other authorized pay remaining after the deduction of any amount required by law to be withheld. FMCS will exclude deductions described in 5 CFR 581.105 (b) through (f) to determine disposable pay subject to salary offset. Employee means a current employee of FMCS or of another agency, including a current member of the Armed Forces or a Reserve of the Armed Forces FCCS means the Federal Claims Collection Standards jointly published by the Justice Department and the General Accounting Office at 4 CFR parts 101-105. Paying agency means the agency employing the individual and authorizing the payment of his or her current pay. Salary offset means an administrative offset to collect a debt under 5 U.S.C. 5514 by deduction(s) at one or more officially established pay intervals from the current pay account of an employee without his or her consent. Waiver means the cancellation, remission, forgiveness, or no… | |||||
| 29:29:4.1.3.1.13.3.1.4 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.21 Notification. | FMCS | (a) Salary offset deductions shall not be made unless the Director of the Financial Management Staff of FMCS, or such other official as may be named in the future by the Director of FMCS, provides to the employee—at least 30 days before any deduction—a written notice stating at a minimum: (1) The agency's determination that a debt is owed, including the origin, nature, and amount of the debt; (2) The agency's intention to collect the debt by means of deduction from the employee's current disposable pay account; (3) The amount, frequency, proposed beginning date, and duration of the intended deductions; (4) An explanation of the agency's policy concerning interest, penalties, and administrative costs (subpart D of this regulation), a statement that such assessment must be made unless excused in accordance with the FCCS; (5) The employee's right to inspect and copy Government records relating to the debt or, if the employee or his or her representative cannot personnally inspect the records, to request and receive a copy of such records; (6) If not previously provided, the opportunity (under terms agreeable to the agency) 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. The agreement must be writing, signed by both the employee and the Director of the Financial Management Staff of FMCS, and documented in agency files (4 CFR 102.11). (7) The employee's right to a hearing conducted by an official arranged by the agency (an administrative law judge or alternatively, a hearing official not under the control of the head of the agency) if a petition is filed as prescribed by § 1450.22. (8) The method and time period for petitioning for a hearing; (9) That the timely filing of a petition for hearing will stay the commencement of collection proceedings; (10) That a final decision on the hearing (if one is requested) will be issued at the earliest practical date, but not later than 60 days after… | |||||
| 29:29:4.1.3.1.13.3.1.5 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.22 Hearing. | FMCS | (a) Petition for hearing. (1) A hearing may be requested by filing a written petition with the Director, Financial Management Staff of FMCS, or such other official as may be named in the future by the Director of FMCS, stating why the employee believes the determination of the agency concerning the existence or the amount of the debt is in error. (2) The employee's petition must be signed by the employee 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. (3) The petition must be filed no later than fifteen (15) calendar days from the date that the notification was hand delivered or the date of delivery by certified mail, return receipt requested. (4) If a petition is received after the fifteen (15) calendar day deadline referred to above, FMCS will nevertheless accept the petition if the employee can show that the delay was because of circumstances beyond his or her control, or because of failure to receive notice of the time limit (unless otherwise aware of it). (5) If a petition is not filed within the time limit specified in paragraph (a)(3) of this section, and is not accepted pursuant to paragraph (a)(4) of this section, the employee's right to hearing will be considered waived, and salary offset will be implemented by FMCS. (b) Type of hearing. (1) The form and content of the hearing will be determined by the hearing official who shall be a person outside the control or authority of FMCS. In determining the type of hearing, the hearing officer will consider the nature and complexity of the transaction giving rise to the debt. The hearing may be conducted as an informal conference or interview, in which the agency and employee will be given a full opportunity to present their respective positions, or as a more formal proceeding involving the presentation of evidence, arguments and written submissions. (2) The employee may represent himself or herself, or may be represented by an attorney.… | |||||
| 29:29:4.1.3.1.13.3.1.6 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.23 Deduction from pay. | FMCS | (a) Deduction by salary offset, from an employee's current disposable pay, shall be subject to the following conditions: (1) Ordinarily, debts to the United States should be collected in full, in one lump-sum. This will be done when funds are available. However, if funds are unavailable for payment in one lump sum, or if the amount of the debt exceeds 15 percent of disposable pay for an officially established pay interval, collection will normally be made in installments. (2) The installments shall 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. (3) Deduction will generally commence with the next full pay interval (ordinarily the next biweekly pay period) following written consent by the employee to salary offset, waiver of hearing, or the decision issued by the hearing officer. (4) Installment deductions must be made over a period not greater than the anticipated period of employment except as provided in § 1450.24. | |||||
| 29:29:4.1.3.1.13.3.1.7 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.24 Liquidation from final check or recovery from other payment. | FMCS | (a) If the employee retires or resigns or if his or her employment or period of active duty ends before collection of the debt is completed, offset of the entire remaining balance on the debt may be made from a final payment of any nature, including but not limited to, final salary payment or lump-sum leave due to the employee as of the date of separation. (b) If the debt cannot be liquidated by offset from a final payment, offset may be made from later payments of any kind due from the United States, including, but not limited to, the Civil Service Retirement and Disability Fund, pursuant to § 1450.11 of this regulation. | |||||
| 29:29:4.1.3.1.13.3.1.8 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.25 Non-waiver of rights by payments. | FMCS | An employee's involuntary payment of all or any portion of a debt being collected under 5 U.S.C. 5514 shall not be construed as a waiver of any rights which the employee may have under 5 U.S.C. 5514 or any other provision of contract or law, unless statutory or contractual provisions provide to the contrary. | |||||
| 29:29:4.1.3.1.13.3.1.9 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | C | Subpart C—Salary Offset | § 1450.26 Refunds. | FMCS | (a) Refunds shall promptly be made when— (1) A debt is waived or otherwise found not owing to the United States (unless expressly prohibited by statute or regulation); or (2) The employee's paying agency is directed by an administrative or judicial order to refund amounts deducted from his or her current pay. (b) Refunds do not bear interest unless required or permitted by law or contract. | |||||
| 29:29:4.1.3.1.13.4.1.1 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | D | Subpart D—Interest, Penalties, and Administrative Costs | § 1450.29 Assessment. | FMCS | (a) Except as provided in paragraph (h) of this section, or § 1450.30, FMCS shall assess interest, penalties and administrative costs on debts owed to the United States pursuant to 31 U.S.C. 3717. Before assessing these charges, FMCS will mail or hand-deliver a written notice to the debtor. This notice shall include a statement of the agency's requirements concerning these charges. (Sections 1450.9 and 1450.21). (b) Interest shall accrue from the date on which notice of the debt and the interest requirements is first mailed or hand-delivered to the debtor, using the most current address that is available to the agency. If FMCS should use an “advance billing” procedure—that is, if it mails a bill before the debt is actually owed—it can include the required interest notification in the advance billing, but interest may not start to accrue before the debt is actually owed. FMCS will exercise care to insure that the notices required by this section are dated and mailed or hand-delivered on the same day. (c) The rate of interest assessed shall be the rate of the current value of funds to the United States Treasury (i.e., the Treasury tax and loan account rate), as prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually or quarterly, in accordance with 31 U.S.C. 3717. FMCS may assess a higher rate of interest if it reasonably determines that a higher rate is necessary to protect the interests of the United States. The rate of interest, as initially assessed, shall remain fixed for the duration of the indebtedness except that where a debtor has defaulted on a repayment agreement and seeks to enter into a new agreement, FMCS may set a new interest rate which reflects the current value of funds to the Treasury at the time the new agreement is executed. Interest will not be assessed on interest, penalties, or administrative costs required by this section. However, if the debtor defaults on a previous repayment agreement, charges wh… | |||||
| 29:29:4.1.3.1.13.4.1.2 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | D | Subpart D—Interest, Penalties, and Administrative Costs | § 1450.30 Exemptions. | FMCS | (a) The provisions of 31 U.S.C. 3717 to not apply: (1) To debts owed by any State or local government; (2) To debts arising under contracts which were executed prior to, and were in effect on (i.e., were not completed as of), October 25, 1982; (3) To debts where an applicable statute, regulation required by statute, loan agreement, or contract either prohibits such charges or explicitly fixes the charges that apply to the debts arising under the Social Security Act, the Internal Revenue Code of 1954, or the tariff laws of the United States. (b) However, FMCS is authorized to assess interest and related charges on debts which are not subject to 31 U.S.C. 3717 to the extent authorized under the common law or other applicable statutory authority. | |||||
| 29:29:4.1.3.1.13.4.1.3 | 29 | Labor | XII | 1450 | PART 1450—COLLECTIONS OF CLAIMS OWED THE UNITED STATES | D | Subpart D—Interest, Penalties, and Administrative Costs | § 1450.31 Other sanctions. | FMCS | The sanctions stated in this subpart are not intended to be exclusive. Other sanctions which may be imposed by the Director of FMCS include placement of the debtor's name on a list of debarred, suspended or ineligible contractors or grantees; conversion of method of payment under a grant from an advance payment method to a reimbursement method; or revocation of a letter of credit. Notice will be given by FMCS to the debtor regarding the imposition of such other sanctions. |
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section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
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section_number TEXT,
section_heading TEXT,
agency TEXT,
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source_citation TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);