[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-57.002]

[Page 433-434]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-57_ADMINISTRATION WAGE GARNISHMENT--Table of Contents
 
Sec. 105-57.002  Definitions.

    (a) Administrative offset, as defined in 31 U.S.C. 3701(a)(1), means 
withholding funds payable by the United States (including funds payable 
by the United States on behalf of a State government) to, or held by the 
United States for, a person to satisfy a claim.
    (b) Business day means Monday through Friday, excluding Federal 
legal holidays. For purposes of computation, the last day of the period 
will be included unless it is a Federal legal holiday.
    (c) Day means calendar day. For purposes of computation, the last 
day of the period will be included unless it is a Saturday, a Sunday, or 
a Federal legal holiday.
    (d) Debtor means an individual who owes a delinquent non-tax debt to 
the United States.
    (e) ``Delinquent'' or ``past-due'' non-tax debt means any non-tax 
debt that has not been paid by the date specified in GSA's initial 
written demand for payment or applicable agreement or instrument 
(including a post-delinquency payment agreement), unless other 
satisfactory payment arrangements have been made.
    (f) Disposable pay means that part of the debtor's compensation 
(including, but not limited to, salary, bonuses, commissions, and 
vacation pay) from an employer remaining after the deduction of health 
insurance premiums and any amounts required by law to be withheld. For 
purposes of this part,

[[Page 434]]

``amounts required by law to be withheld'' include amounts for 
deductions such as social security taxes and withholding taxes, but do 
not include any amount withheld pursuant to a court order.
    (g) Employer means a person or entity that employs the services of 
others and that pays their wages or salaries. The term employer 
includes, but is not limited to, State and local Governments, but does 
not include an agency of the Federal Government as defined by 31 CFR 
285.11(c).
    (h) Evidence of service means information retained by GSA indicating 
the nature of the document to which it pertains, the date of submission 
of the document, and to whom the document is being submitted. Evidence 
of service may be retained electronically or otherwise, so long as the 
manner of retention is sufficient for evidentiary purposes.
    (i) Financial hardship means an inability to meet basic living 
expenses for goods and services necessary for the survival of the debtor 
and his or her spouse and dependents. See Sec. 105-57.010 of this part.
    (j) For the purposes of the standards in this part, unless otherwise 
stated, the term ``Administrator'' refers to the Administrator of 
General Services or the Administrator's delegate.
    (k) For the purposes of the standards in this part, the terms 
``claim'' and ``debt'' are synonymous and interchangeable.
    They refer to an amount of money, funds, or property that has been 
determined by GSA to be due the United States from any person, 
organization, or entity, except another Federal agency, 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, interest, fines and forfeitures and all other similar sources, 
including debt administered by a third party as an agent for the Federal 
Government. For the purposes of administrative offset under 31 U.S.C. 
3716, the terms ``claim'' and ``debt'' 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.
    (l) For the purposes of the standards in this part, unless otherwise 
stated, the terms ``GSA'' and ``Agency'' are synonymous and 
interchangeable.
    (m) For the purposes of the standards in this part, unless otherwise 
stated, ``Secretary'' means the Secretary of the Treasury or the 
Secretary's delegate.
    (n) Garnishment means the process of withholding amounts from an 
employee's disposable pay and the paying of those amounts to GSA in 
satisfaction of a withholding order.
    (o) Hearing means a review of the documentary evidence concerning 
the existence and/or amount of a debt, and/or the terms of a repayment 
schedule, provided such repayment schedule is established other than by 
a written agreement entered into pursuant to this part. If the hearing 
official determines that the issues in dispute cannot be resolved solely 
by review of the written record, such as when the validity of the debt 
turns on the issue of credibility or veracity, an oral hearing may be 
provided.
    (p) Hearing official means a Board Judge of the GSA Board of 
Contract Appeals (GSBCA).
    (q) Withholding order means ``Wage Garnishment Order (SF 329B)'', 
issued by GSA. For purposes of this part, the terms ``wage garnishment 
order'' and ``garnishment order'' have the same meaning as ``withholding 
order.''
    (r) In this part, words in the plural form shall include the 
singular and vice versa, and words signifying the masculine gender shall 
include the feminine and vice versa. The terms ``includes'' and 
``including'' do not exclude matters not listed but do include matters 
that are in the same general class.