[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR16.13]

[Page 298-299]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 16--SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT--Table of Contents
 
Sec. 16.13  Coordinating offset with another Federal agency.

    (a) The NRC as the creditor agency. When the NRC determines that an 
employee of another Federal agency owes a delinquent debt to the NRC, 
the NRC will, as appropriate:
    (1) Arrange for a hearing upon the proper petitioning by the 
employee;
    (2) Certify in writing that the employee owes the debt, the amount 
and basis of the debt, the date on which payment is due, the date the 
Government's right to collect the debt accrued, and that NRC procedures 
for salary offset implementing 5 U.S.C. 5514 have been approved by the 
Office of Personnel Management;
    (3) If collection must be made in installments, the NRC must advise 
the paying agency of the amount or percentage of disposable pay to be 
collected in each installment;
    (4) Advise the paying agency of the actions taken under 5 U.S.C. 
5514(a) and provide the dates on which action was taken unless the 
employee has consented to salary offset in writing or signed a statement 
acknowledging receipt of procedures required by law. The written consent 
or acknowledgment must be sent to the paying agency;
    (5) Except as otherwise provided in this paragraph, the NRC must 
submit a debt claim containing the information specified in paragraphs 
(a) (2) through (4) of this section and an installment agreement (or 
other instruction on the payment schedule), if applicable, to the 
employee's paying agency.
    (6) Upon receipt of notification that the employee has transferred 
to another agency before the debt is collected in full, the NRC will 
submit a properly certified claim to the new paying agency so that 
collection can be resumed;
    (7) If the employee is in the process of separating, the NRC will 
submit its debt claim to the paying agency as provided in paragraphs (a) 
(2) through (5) of this section. The paying agency will certify any 
amounts already collected, notify the employee, and send a copy of the 
certification and notice of the employee's separation to the NRC. If the 
paying agency is aware that the employee is entitled to Civil Service 
Retirement and Disability Fund or similar payments, it will certify to 
the agency responsible for making the payments that the employee owes a 
debt (including the amount) and that the provisions of this part have 
been followed. The NRC will submit a properly certified claim to the 
agency responsible for making such payments so collection can be made.
    (8) If the employee has already separated and all payments due from 
the paying agency have been paid, the NRC may request, unless otherwise 
prohibited, that money payable to the employee from the Civil Service 
Retirement and Disability Fund or other similar funds be collected by 
administrative offset.
    (b) The NRC as the paying agency. (1) Upon receipt of a properly 
certified debt claim from another agency, the NRC will schedule 
deductions to begin at the next established pay interval. The employee 
must receive written notice indicating that the NRC has received a 
certified debt claim from the creditor agency, the amount of the debt, 
the date salary offset will begin, and the amount of the deduction(s). 
The NRC may not review the merits of the creditor agency's determination 
of the validity or the amount of the certified claim.
    (2) Upon receipt of an incomplete debt claim from a creditor agency, 
the NRC will return the debt claim to the creditor agency with a notice 
that procedures under 5 U.S.C. 5514 and 5 CFR

[[Page 299]]

part 550, subpart K, must be followed and a properly certified debt 
claim received before action will be taken to collect from the 
employee's current pay account.
    (3) If the employee transfers to another agency after the creditor 
agency has submitted its debt claim to the NRC and before the debt is 
collected completely, the NRC will certify the total amount collected. 
The NRC will furnish one copy of the certification to the employee. The 
NRC will furnish a copy to the creditor agency with notice of the 
employee's transfer.