[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-56.004]

[Page 420-421]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-56_SALARY OFFSET FOR INDEBTEDNESS OF FEDERAL EMPLOYEES TO THE 
UNITED STATES--Table of Contents
 
  Subpart A_Salary Offset of General Services Administration Employees
 
Sec. 105-56.004  Pre-offset notice.

    An employee must be given written notice from the appropriate 
program official at least 30 days in advance of initiating a deduction 
from disposable pay informing him or her of--

[[Page 421]]

    (a) The nature, origin and amount of the indebtedness determined by 
GSA or a cross-serviced agency to be due;
    (b) The intention of GSA to initiate proceedings to collect the debt 
through deductions from the employee's current disposable pay and other 
eligible payments;
    (c) The amount (stated as a fixed dollar amount or as a percentage 
of pay, not to exceed 15 percent of disposable pay), frequency, proposed 
beginning date, and duration of the intended deductions;
    (d) GSA's policy concerning how interest, penalties, and 
administrative costs are assessed (see 41 CFR part 105-55.017), 
including a statement that such assessments will be made unless excused 
under 31 U.S.C. 3717(h) and 31 CFR 901.9(g) and (h);
    (e) The employee's right to inspect and copy GSA records relating to 
the debt, if records of the debt are not attached to the notice, or if 
the employee or his or her representative cannot personally inspect the 
records, the right to receive a copy of such records. Any costs 
associated with copying the records for the debtor will be borne by the 
debtor. The debtor must give a minimum of three (3) business days notice 
in advance to GSA of the date on which he or she intends to inspect and 
copy the records involved;
    (f) A demand for repayment providing for an opportunity, under terms 
agreeable to GSA, for the employee to establish a schedule for the 
voluntary repayment of the debt by offset or to enter into a written 
repayment agreement of the debt in lieu of offset;
    (g) The employee's right to request a waiver (see Sec. 105-
56.005(b) of this subpart);
    (h) The employee's right to request reconsideration by the Agency of 
the existence and/or amount of the debt, and/or the proposed offset 
schedule;
    (i) The employee's right to a pre-offset hearing conducted by a 
hearing official, arranged by the appropriate program official, if a 
request is filed as prescribed by Sec. 105-56.006 of this subpart;
    (j) The method and time period for requesting a hearing, including a 
statement that the timely filing of a request for hearing will stay the 
commencement of collection proceedings;
    (k) The issuance of a final decision on the hearing, if requested, 
at the earliest practicable date, but no later than 60 days after the 
request for hearing is filed, unless the employee requests and the 
hearing official grants a delay in the proceedings;
    (l) The risk that any knowingly false or frivolous statements, 
representations, or evidence may subject the employee to--
    (1) Disciplinary procedures appropriate under 5 U.S.C. Chapter 75, 5 
CFR part 752, or any other applicable statutes or regulations;
    (2) Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or 
any other applicable statutory authority; or
    (3) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002, or 
any other applicable statutory authority;
    (m) Any other rights and remedies available to the employee under 
statutes or regulations governing the program for which the collection 
is being made;
    (n) The employee's right to a prompt refund if amounts paid or 
deducted are later waived or found not owed, unless otherwise provided 
by law (see Sec. 105-56.012 of this subpart);
    (o) The specific address to which all correspondence must be 
directed regarding the debt.