Monitoring Gesetzessammlung

41 CFR Part 301-76

US - CFR Title 41: Public Contracts and Property Management

41 CFR Part 301-76

PART 301-76—COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS OWED TO THE CONTRACTOR ISSUING THE INDIVIDUALLY BILLED TRAVEL CHARGE CARD

Subtitle F—Federal Travel Regulation System › Chapter 301—Temporary Duty (TDY) Travel Allowances › Subchapter D—Agency Responsibilities

Subpart A—General Rule

§ 301-76.1 Collection of undisputed delinquent amounts that an employee (including members of the uniformed services) owes to the Government travel charge card contractor.

Agencies, upon written request from the contractor and in accordance with the procedures specified in § 301-76.100, may collect undisputed amounts owed to a Government travel charge card contractor from the delinquent employee's disposable pay. The agency must promptly forward all amounts deducted to the contractor.

Subpart B—Policies and Procedures

§ 301-76.100 Due process requirements for collecting undisputed delinquent amounts on behalf of the travel charge card contractor.

Before collecting undisputed delinquent amounts, agencies must:
(a) Provide the employee written notice of the type and amount of the claim, the intention to collect the claim by deduction from the employee's disposable pay, and an explanation of the employee's rights as a debtor;
(b) Give the employee the opportunity to inspect and copy agency records related to the claim;
(c) Allow an opportunity for a review within the agency of the decision to collect the amount; and
(d) Provide the employee an opportunity to make a written agreement with the contractor to repay the delinquent amount.

§ 301-76.101 Agency responsibility for due process.

The agency is responsible for ensuring all legal and due process requirements are met.

§ 301-76.102 Conditions for collecting undisputed delinquent amounts.

Agencies may only collect undisputed delinquent amounts after they have reimbursed the employee under the applicable travel regulations in this subtitle and in accordance with a proper travel claim. However, if the employee has not submitted a proper travel claim within the timeframe requirements of § 301-52.1(a)(6) of this chapter, and there are no extenuating circumstances, the agency may collect the undisputed delinquent amounts.

§ 301-76.103 Maximum deduction limit.

As set forth in the Travel and Transportation Reform Act of 1998 (5 U.S.C. 5701 note) the maximum amount an agency may deduct from the employee's disposable pay is 15 percent per pay period, unless the employee consents in writing to deduction of a greater percentage.
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