General Regulations Under the Commodity Exchange Act, 12820 [2016-05576]
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Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations
19.12 of this part for offset procedures
applicable to Commerce debts.
(3) This subpart C does not apply to
the collection of non-Commerce debts
through tax refund offset. See 31 CFR
285.2 for tax refund offset procedures.
(b) Administrative offset (including
salary offset); certification. A Commerce
entity will initiate a requested offset
only upon receipt of written
certification from the creditor agency
that the debtor owes the past-due,
legally enforceable debt in the amount
stated, and that the creditor agency has
fully complied with all applicable due
process and other requirements
contained in 31 U.S.C. 3716, 5 U.S.C.
5514, and the creditor agency’s
regulations, as applicable. Offsets will
continue until the debt is paid in full or
otherwise resolved to the satisfaction of
the creditor agency.
(c) Where a creditor agency makes
requests for offset. Requests for offset
under this section shall be sent to the
Department of Commerce, ATTN:
Deputy Chief Financial Officer, 1401
Constitution Avenue NW., Room D200,
Washington, DC 20230. The Deputy
Chief Financial Officer will forward the
request to the appropriate Commerce
entity for processing in accordance with
this subpart C.
(d) Incomplete certification. A
Commerce entity will return an
incomplete debt certification to the
creditor agency with notice that the
creditor agency must comply with
paragraph (b) of this section before
action will be taken to collect a debt
from a payment issued by a Commerce
entity.
(e) Review. A Commerce entity is not
authorized to review the merits of the
creditor agency’s determination with
respect to the amount or validity of the
debt certified by the creditor agency.
(f) When Commerce entities will not
comply with offset request. A Commerce
entity will comply with the offset
request of another agency unless the
Commerce entity determines that the
offset would not be in the best interests
of the United States, or would otherwise
be contrary to law.
(g) Multiple debts. When two or more
creditor agencies are seeking offsets
from payments made to the same
person, or when two or more debts are
owed to a single creditor agency, the
Commerce entity that has been asked to
offset the payments may determine the
order in which the debts will be
collected or whether one or more debts
should be collected by offset
simultaneously.
(h) Priority of debts owed to
Commerce entity. For purposes of this
section, debts owed to a Commerce
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entity generally take precedence over
debts owed to other agencies. The
Commerce entity that has been asked to
offset the payments may determine
whether to pay debts owed to other
agencies before paying a debt owed to
a Commerce entity. The Commerce
entity that has been asked to offset the
payments will determine the order in
which the debts will be collected based
on the best interests of the United
States.
§ 19.21 What does a Commerce entity do
upon receipt of a request to offset the
salary of a Commerce entity employee to
collect a debt owed by the employee to
another Federal agency?
(a) Notice to the Commerce employee.
When a Commerce entity receives
proper certification of a debt owed by
one of its employees, the Commerce
entity will begin deductions from the
employee’s pay at the next officially
established pay interval. The Commerce
entity will send a written notice to the
employee indicating that a certified debt
claim has been received from the
creditor agency, the amount of the debt
claimed to be owed by the creditor
agency, the date deductions from salary
will begin, and the amount of such
deductions.
(b) Amount of deductions from
Commerce employee’s salary. The
amount deducted under § 19.20(b) of
this part will be the lesser of the amount
of the debt certified by the creditor
agency or an amount up to 15 percent
of the debtor’s disposable pay.
Deductions shall continue until the
Commerce entity knows that the debt is
paid in full or until otherwise instructed
by the creditor agency. Alternatively,
the amount offset may be an amount
agreed upon, in writing, by the debtor
and the creditor agency. See § 19.12(g)
(salary offset process).
(c) When the debtor is no longer
employed by the Commerce entity—(1)
Offset of final and subsequent
payments. If a Commerce entity
employee retires or resigns or if his or
her employment ends before collection
of the debt is complete, the Commerce
entity will continue to offset, under 31
U.S.C. 3716, up to 100 percent of an
employee’s subsequent payments until
the debt is paid or otherwise resolved.
Such payments include a debtor’s final
salary payment, lump-sum leave
payment, and other payments payable to
the debtor by the Commerce entity. See
31 U.S.C. 3716 and 5 CFR 550.1104(l)
and 550.1104(m).
(2) Notice to the creditor agency. If the
employee is separated from the
Commerce entity before the debt is paid
in full, the Commerce entity will certify
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to the creditor agency the total amount
of its collection. If the Commerce entity
is aware that the employee is entitled to
payments from the Civil Service
Retirement and Disability Fund, Federal
Employee Retirement System, or other
similar payments, the Commerce entity
will provide written notice to the
agency making such payments that the
debtor owes a debt (including the
amount) and that the provisions of 5
CFR 550.1109 have been fully complied
with. The creditor agency is responsible
for submitting a certified claim to the
agency responsible for making such
payments before collection may begin.
Generally, creditor agencies will collect
such monies through the Treasury
Offset Program as described in § 19.9(c)
of this part.
(3) Notice to the debtor. The
Commerce entity will provide to the
debtor a copy of any notices sent to the
creditor agency under paragraph (c)(2)
of this section.
(d) When the debtor transfers to
another Federal agency—(1) Notice to
the creditor agency. If the debtor
transfers to another Federal agency
before the debt is paid in full, the
Commerce entity will notify the creditor
agency and will certify the total amount
of its collection on the debt. The
Commerce entity will provide a copy of
the certification to the creditor agency.
The creditor agency is responsible for
submitting a certified claim to the
debtor’s new employing agency before
collection may begin.
(2) Notice to the debtor. The
Commerce entity will provide to the
debtor a copy of any notices and
certifications sent to the creditor agency
under paragraph (d)(1) of this section.
(e) Request for hearing official. A
Commerce entity will provide a hearing
official upon the creditor agency’s
request with respect to a Commerce
entity employee. See 5 CFR 550.1107(a).
[FR Doc. 2016–05341 Filed 3–10–16; 8:45 am]
BILLING CODE 3510–DP–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 1
General Regulations Under the
Commodity Exchange Act
CFR Correction
In Title 17 of the Code of Federal
Regulations, Parts 1 to 40, revised as of
April 1, 2015, on page 12, in § 1.3,
remove the second paragraph (aa)(3)(ii).
[FR Doc. 2016–05576 Filed 3–10–16; 8:45 am]
BILLING CODE 1505–01–D
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[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Rules and Regulations]
[Page 12820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05576]
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COMMODITY FUTURES TRADING COMMISSION
17 CFR Part 1
General Regulations Under the Commodity Exchange Act
CFR Correction
In Title 17 of the Code of Federal Regulations, Parts 1 to 40,
revised as of April 1, 2015, on page 12, in Sec. 1.3, remove the
second paragraph (aa)(3)(ii).
[FR Doc. 2016-05576 Filed 3-10-16; 8:45 am]
BILLING CODE 1505-01-D
