5.1—What definitions apply to the regulations in this part?
As used in this part:
Administrative offset or offset means withholding funds
payable by the United States (including funds payable by the United States on behalf
of a State Government) to, or held by the United States for, a person to satisfy a
debt owed by the person. The term “administrative offset” includes, but is not
limited to, the offset of Federal salary, vendor, retirement, and Social Security
benefit payments. The terms “centralized administrative offset” and “centralized
offset” refer to the process by which the Treasury Department's Financial Management
Service offsets Federal payments through the Treasury Offset Program.
Administrative wage garnishment means the process by which a Federal
agency orders a non-Federal employer to withhold amounts from a debtor's wages to
satisfy a debt, as authorized by 31 U.S.C. 3720D, 31 CFR 285.11, and this part.
Agency or Federal agency means a department, agency,
court, court administrative office, or instrumentality in the executive, judicial,
or legislative branch of the Federal Government, including government
corporations.
Creditor agency means any Federal agency that is owed a debt.
Debt means any amount of money, funds or property that has been
determined by an appropriate official of the Federal Government to be owed to the
United States by a person. As used in this part, the term “debt” does not include
debts arising under the Internal Revenue Code of 1986 (26 U.S.C. 1
et
seq. ).
Debtor means a person who owes a debt to the United States.
Delinquent debt means a debt that has not been paid by the date
specified in the agency's initial written demand for payment or applicable agreement
or instrument (including a post-delinquency payment agreement) unless other
satisfactory payment arrangements have been made.
Delinquent Treasury debt means a delinquent debt owed to a Treasury
entity.
Disposable pay has the same meaning as that term is defined in 5 CFR
550.1103.
Employee or Federal employee means a current employee of
the Treasury Department or other Federal agency, including a current member of the
Armed Forces, Reserve of the Armed Forces of the United States, or the National
Guard.
FCCS means the Federal Claims Collection Standards, which were jointly
published by the Departments of the Treasury and Justice and codified at 31 CFR
parts 900-904.
Financial Management Service means the Financial Management Service, a
bureau of the Treasury Department, which is responsible for the centralized
collection of delinquent debts through the offset of Federal payments and other
means.
Payment agency or Federal payment agency means any
Federal agency that transmits payment requests in the form of certified payment
vouchers, or other similar forms, to a disbursing official for disbursement. The
“payment agency” may be the agency that employs the debtor. In some cases, the
Treasury Department may be both the creditor agency and payment agency.
Person means an individual, corporation, partnership, association,
organization, State or local government, or any other type of entity other than a
Federal agency.
Salary offset means a type of administrative offset to collect a debt
owed by a Federal employee from the current pay account of the employee.
Secretary means the Secretary of the Treasury.
Tax refund offset is defined in 31 CFR 285.2(a).
Treasury debt means a debt owed to a Treasury entity by a person.
Treasury Department means the United States Department of the
Treasury.
Treasury entity means the Office of Inspector General, the Office of
Inspector General for Tax Administration, or a bureau of the Treasury Department,
including the Departmental Offices, responsible for the collection of the applicable
Treasury debt. Departmental Offices include, but are not limited to, the Office of
D.C. Pensions, the Community Development Financial Institution Fund, the Executive
Office of Asset Forfeiture, and the Office of Foreign Assets Control. Other bureaus
include, but are not limited to, the Bureau of Public Debt; Bureau of Engraving and
Printing; U.S. Mint; U.S. Secret Service; Customs Service; Financial Management
Service; Internal Revenue Service; Bureau of Alcohol, Tobacco, and Firearms; Office
of Comptroller of the Currency; the Office of Thrift Supervision; Federal Law
Enforcement Training Center; and the Financial Crimes Enforcement Network.