§ 361.2. Scope.

274 words·~1 min read·/us/cfr/t20/s§ 361.2·

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(a)Coverage. This part applies to agencies and employees as defined by § 361.3 of this part.

(b)Applicability. This part and 5 U.S.C. 5514 apply in recovering certain debts by administrative offset, except where the employee consents to the recovery, from the current pay account of an employee. Because it is an administrative offset, debt collection procedures for salary offset which are not specified in 5 U.S.C. 5514 and these regulations shall be consistent with the provisions of the Federal Claims Collection Standards (FCCS).

(1)Excluded debts or claims. The procedures contained in this part do not apply to debts or claims arising under the Internal Revenue Code of 1954 as amended (26 U.S.C. 1, et seq.), the Social Security Act (42 U.S.C. 301, et seq.), or the tariff laws of the United States; or to any case where collection of a debt by salary offset is explicitly provided for or prohibited by another statute (e.g., travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108).

(2)Waiver requests and claims to the U.S. General Accounting Office. This part does not preclude an employee from requesting waiver of recovery of an overpayment under 5 U.S.C. 5584 or any other similar provision of law, or from questioning the amount of validity of a debt by submitting a subsequent claim to the U.S. General Accounting Office.

(3)Compromise, suspension, or termination under the Federal Claims Collection Standards (4 CFR 101.1, et seq.). Nothing in this part precludes the compromise, suspension or termination of collection actions where appropriate under the standards implementing 31 U.S.C. 3711, et seq. (4 CFR 101.1, et seq.).

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