Current through September 30, 2024
(a)General. The Secretary establishes the standards and procedures in this part that apply to the offset from disposable pay of a current or former Federal employee or from amounts payable from the Federal retirement account of a former Federal employee to recover a debt owed the United States under a program adminstered by the Secretary of Education.(b)Exclusions. This part does not apply to- (1) Offsets under 34 CFR part 32 to recover for overpayments of pay or allowances to an employee of the Department;(2) Offsets under 34 CFR part 30 ; or(3) Offsets under section 124 of Pub. L. 97-276 to collect debts owed to the United States on judgments.(c)Reports to consumer reporting agency. The Secretary may report a debt to a consumer reporting agency after notifying the employee, in accordance with 34 CFR 30.35 , of the intention to report the debt, and after providing the employee an opportunity to inspect documents, receive a hearing, and enter into a repayment agreement under this part. Authority: 5 U.S.C. 5514 ; 31 U.S.C. 3711 ; 31 U.S.C. 3716