Part 301-76Collection of Undisputed Delinquent Amounts Owed to the Contractor Issuing the Individually Billed Travel Charge Card
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701 note).
Subpart AGeneral Rules
Note to Subpart A: Use of pronouns we, you, and their variants throughout this part refers to the agency.
§301-76.1 May we collect undisputed delinquent amounts that an employee (including members of the uniformed services) owes to a Government travel charge card contractor?
Yes, upon written request from the contractor and in accordance with the procedures specified in §301-76.100, you may collect undisputed amounts owed to a Government travel charge card contractor from the delinquent employees disposable pay. You must promptly forward all amounts deducted to the contractor.
§301-76.2 What is disposable pay?
Disposable pay is the part of the employees compensation remaining after the deduction of any amounts required by law to be withheld. These deductions do not include discretionary deductions such as savings bonds, charitable contributions, etc. Deductions may be made from any type of pay, e.g., basic pay, special pay, retirement pay, or incentive pay.
Subpart BPolicies and Procedures
Note to Subpart B: Use of pronouns we, you, and their variants throughout this part refers to the agency.
§301-76.100 Are there any due process requirements with which we must comply before collecting undisputed delinquent amounts on behalf of the charge card contractor?
Yes, you must:
(a) Provide the employee with written notice of the type and amount of the claim, the intention to collect the claim by deduction from his/her disposable pay, and an explanation of his/her rights as a debtor;
(b) Give the employee the opportunity to inspect and copy your records related to the claim;
(c) Allow an opportunity for a review within the agency of your 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 Who is responsible for ensuring that all due process and legal requirements have been met?
You are responsible for ensuring that all requirements have been met.
§301-76.102 Can we collect undisputed delinquent amounts if we have not reimbursed the employee for amounts reimbursable under applicable travel regulations?
No, you may only collect undisputed delinquent amounts after you have reimbursed the employee under the applicable travel regulations and in accordance with a proper travel claim. However, if the employee has not submitted a proper travel claim within the timeframe requirements of §301-52.7 of this chapter, and there are no extenuating circumstances, you may collect the undisputed delinquent amounts.
§301-76.103 What is the maximum amount we may deduct from the employees disposable pay?
As set forth in Public Law 105-264, 112 Stat. 2350, October 19, 1998, the maximum amount you may deduct from the employees disposable pay is 15 percent per pay period, unless the employee consents in writing to deduction of a greater percentage.