[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: 41CFR105-56.016]

[Page 427]
 
           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 B_Centralized Salary Offset (CSO) Procedures_GSA as Creditor 
                                 Agency
 
Sec. 105-56.016  GSA participation.

    (a) As required under 5 U.S.C. 5514(a)(1), GSA must participate at 
least annually in centralized salary offset computer matching. To meet 
this requirement, GSA will notify FMS of all past-due, legally 
enforceable debts delinquent for more than 180 days for purposes of 
administrative offset, as required under 31 U.S.C. 3716(c)(6). 
Additionally, GSA may notify FMS of past-due, legally enforceable debts 
delinquent for less than 180 days for purposes of administrative offset.
    (b) Prior to submitting a debt to FMS for purposes of collection by 
administrative offset, including salary offset, GSA will provide written 
certification to FMS that--
    (1) The debt is past-due and legally enforceable in the amount 
submitted to FMS and that GSA will ensure that collections (other than 
collections through offset) are properly credited to the debt;
    (2) Except in the case of a judgment debt or as otherwise allowed by 
law, the debt is referred for offset within ten years after GSA's right 
of action accrues;
    (3) GSA has complied with the provisions of 31 U.S.C. 3716 
(administrative offset) and related regulations including, but not 
limited to, the provisions requiring that GSA provide the debtor with 
applicable notices and opportunities for a review of the debt; and
    (4) GSA has complied with the provisions of 5 U.S.C. 5514 (salary 
offset) and related regulations including, but not limited to, the 
provisions requiring that GSA provide the debtor with applicable notices 
and opportunities for a hearing.
    (c) FMS may waive the certification requirement set forth in 
paragraph (b)(4) of this section as a prerequisite to submitting the 
debt to FMS. If FMS waives the certification requirement, before an 
offset occurs, GSA will provide the Federal employee with the notices 
and opportunities for a hearing as required by 5 U.S.C. 5514 and 
applicable regulations, and will certify to FMS that the requirements of 
5 U.S.C. 5514 and applicable regulations have been met.
    (d) GSA will notify FMS immediately of any payments credited by GSA 
to the debtor's account, other than credits for amounts collected by 
offset, after submission of the debt to FMS. GSA will notify FMS once 
the debt is paid in its entirety. GSA will also notify FMS immediately 
of any change in the status of the legal enforceability of the debt, for 
example, if the Agency receives notice that the debtor has filed for 
bankruptcy protection.