[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR17.60]



[Page 212-214]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 17_ADMINISTRATIVE CLAIMS--Table of Contents

 

   Subpart C_Procedures for the Collection of Claims by the Government

 

Sec.  17.60  Scope and definitions.



    Authority: 5 U.S.C. 5514; 31 U.S.C. 3701, 3711, 3716-3720E; and 42 

U.S.C. 3535(d).



    Source: 36 FR 24427, Dec. 22, 1971, unless otherwise noted. 

Redesignated at 49 FR 32349, Aug. 14, 1984.



                           General Provisions





    (a) Scope. This subpart sets forth the regulations of the Secretary 

of Housing and Urban Development implementing the Federal Claims 

Collection Act of 1966, as amended by the Federal Debt Collection Act of 

1982 (31 U.S.C. 3701 et seq.) (the Act), in conformity with the 

standards jointly promulgated by the Attorney General and the 

Comptroller General in 4 CFR parts 101 through 105. The Act:

    (1) Requires the Secretary or his designee to attempt collection of 

all claims of the United States for money or property arising out of the 

activities of the Department; and

    (2) Authorizes the Secretary or his designee to compromise claims 

that have not been referred to another executive or legislative agency 

for further collection action where the claim does not exceed $100,000 

exclusive of interest, or to suspend or terminate collection action 

where it appears that no person liable on the claim has the present or 

prospective financial ability to pay any significant sum thereon or that 

the cost of collecting the claim is likely to exceed the amount of 

recovery.

    (b) Definitions. As used in this subpart:



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    Administrative offset means withholding money payable by the United 

States Government to, or held by the Government for, a person to satisfy 

a debt the person owes the Government

    Agency means:

    (1) An Executive department, military department, Government 

corporation, or independent establishment as defined in 5 U.S.C. 101, 

102, 103, or 104, respectively;

    (2) The United States Postal Service; or

    (3) The Postal Rate Commission.

    Claim means the same as Debt.

    Consumer Reporting Agency means:

    (1) Any person, that for monetary fees, dues, or on a cooperative 

nonprofit basis, regularly engages in whole or in part in the practice 

of assembling or evaluating consumer (individual) credit information or 

other information on consumers for the purpose of providing consumer 

reports to third parties, and that uses any means or facility of 

interstate commerce for the purpose of preparing or furnishing consumer 

reports. (15 U.S.C. 1681a(f)); or

    (2) Any person who, for monetary fees, dues, or on a cooperative 

basis, regularly engages in whole or in part in the practice of (i) 

obtaining credit or other information on consumers for the purpose of 

furnishing such information to consumer reporting agencies (as defined 

in paragraph (1) of this definition), or (ii) serving as a marketing 

agent under arrangements enabling third parties to obtain such 

information from such reporting agencies.

    Debt means an amount owed to the United States and past due, from 

sources which include loans insured or guaranteed by the United States 

and all other amounts due the United States from assigned mortgages or 

deeds of trust, direct loans, advances, repurchase demands, fees, 

leases, rents, royalties, services, sale of real or personal property, 

overpayments, penalties, damages, interest, fines and forfeitures 

(except those arising under the Uniform Code of Military Justice), and 

all other similar sources.

    Debtor means the same as person.

    Department means the Department of Housing and Urban Development.

    Department Claims Officer: (see Sec.  17.66).

    Determination means the point at which the Secretary decides that 

the debt is valid.

    Disposable pay means that part of current basic pay, special pay, 

incentive pay, retired pay, retainer pay, or in the case of an employee 

not entitled to basic pay, other authorized pay remaining after 

deductions required by law. Deductions from pay include:

    (1) Amounts owed by the individual to the United States;

    (2) Amounts withheld for Federal employment taxes;

    (3) Amounts properly withheld for Federal, State, or local income 

tax purposes, if the withholding of the amount is authorized or required 

by law and if amounts withheld are not greater than would be the case if 

the individual claimed all dependent to which he or she were entitled. 

The withholding of additional amounts under 26 U.S.C. 3402(i) may be 

permitted only when the individual presents evidence of tax obligation 

which supports the additional withholding;

    (4) Amounts deducted as health insurance premiums, including, but 

not limited to, amounts deducted from civil service annuities for 

Medicare where such deductions are requested by the Health Care 

Financing Administration;

    (5) Amounts deducted as normal retirement contributions, not 

including amounts deducted for supplementary coverage. Amounts withheld 

as Survivor Benefit Plan or Retired Serviceman's Family Protection Plan 

payments are considered to be normal retirement contributions. Amounts 

voluntarily contributed toward additional civil service annuity benefits 

are considered to be supplementary;

    (6) Amounts deducted as normal life insurance premiums from salary 

or other remuneration for employment, not including amounts deducted for 

supplementary coverage. Both Servicemen's Group Life Insurance and 

``Basic Life'' Federal Employees' Group Life Insurance premiums are 

considered to be normal life insurance premiums; all optional Federal 

Employees' Group



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Life Insurance premiums and life insurance premiums paid for by 

allotment, such as National Service Life Insurance, are considered to be 

supplementary;

    (7) Amounts withheld from benefits payable under title II of the 

Social Security Act where the withholding is required by law;

    (8) Amounts mandatorily withheld for the U.S. Soldiers' and Airmen's 

Home; and

    (9) Fines and forfeitures ordered by a court-martial or by a 

commanding officer.

    Employee means a current employee of a Federal agency, including a 

current member of the Armed Forces or Reserve of the Armed Forces of the 

United States.

    Office means the organization of each Assistant Secretary, the 

Government National Mortgage Association (GNMA), the Solar Energy and 

Energy Conservation Bank and each Field Office.

    Pay means basic pay, special pay, income pay, retired pay, retainer 

pay, or, in case of an employee not entitled to basic pay, other 

authorized pay.

    Person means any natural person or persons, profit or nonprofit 

corporations, partnership, association, trust, estate, government or 

government subdivision or other entity which is capable of owing a debt 

to the Government. For purposes of the interest provisions, person does 

not include an agency of the United States Government, a State 

government, or a unit of general local government.

    Salary offset means a deduction from the pay of an employee without 

his or her consent to satisfy a debt. Salary offset is one type of 

administrative offset which may be used by the Department in the 

collection of claims.

    Secretary means the Secretary of the Department of Housing and Urban 

Development or his or her designee.

    United States includes an agency of the United States.

    Waiver means the cancellation, remission, forgiveness, or non-

recovery of a debt allegedly owed by an employee of an agency as 

permitted or required by 5 U.S.C. 5584, 10 U.S.C. 2774, 32 U.S.C. 716, 

or 5 U.S.C. 8346(b), or any other law.



[36 FR 24427, Dec. 22, 1971. Redesignated and amended at 49 FR 32349, 

Aug. 14, 1984; 59 FR 34579, July 6, 1994]