[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR607.1]



[Page 102-103]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 607_SALARY OFFSET--Table of Contents

 

Sec. 607.1  Purpose and scope.









Sec.

607.1 Purpose and scope.

607.2 Definitions.

607.3 Applicability.

607.4 Notice requirements before offset.

607.5 Hearing.

607.6 Written decision.

607.7 Coordinating offset with another Federal agency.

607.8 Procedures for salary offset.

607.9 Refunds.

607.10 Statute of limitations.

607.11 Non-waiver of rights.

607.12 Interest, penalties, and administrative costs.



    Authority: 5 U.S.C. 5514; E.O. 12107, 3 CFR, 1978 Comp., p. 264; 5 

CFR part 550, subpart K.



    Source: 58 FR 68769, Dec. 29, 1993, unless otherwise noted.





    (a) This part provides procedures for the collection by 

administrative offset of a federal employee's salary without his or her 

consent to satisfy certain



[[Page 103]]



debts owed to the Federal government. This part applies to all Federal 

employees who owe debts to the National Science Foundation (NSF) and to 

current employees of NSF who owe debts to other Federal agencies. This 

part does not apply when the employee consents to recovery from his or 

her current pay account.

    (b) This part does not apply to debts or claims arising under:

    (1) The Internal Revenue Code of 1954, as amended, 26 U.S.C. 1 et 

seq.;

    (2) The Social Security Act, 42 U.S.C. 301 et seq.;

    (3) The tariff laws of the United States; or

    (4) Any case where a collection of a debt by salary offset is 

explicitly provided for or prohibited by another statute.

    (c) This part does not apply to any adjustment to pay arising out of 

an employee's selection of coverage or a change in coverage under a 

Federal benefits program requiring periodic deductions from pay if the 

amount to be recovered was accumulated over four pay periods or less.

    (d) This part does not preclude the compromise, suspension, or 

termination of collection action where appropriate under the standards 

implementing the Federal Claims Collection Act, 31 U.S.C. 3711 et seq., 

and 4 CFR parts 101 through 105.

    (e) This part does not preclude an employee from requesting waiver 

of an 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 the debt by 

submitting a subsequent claim to the General Accounting Office. This 

part does not preclude an employee from requesting a waiver pursuant to 

other statutory provisions applicable to the particular debt being 

collected.

    (f) Matters not addressed in this part should be reviewed in 

accordance with the Federal Claims Collection Standards at 4 CFR 101.1 

et seq.