Page:United States Statutes at Large Volume 100 Part 2.djvu/291

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1393

"COMMINGUNG OF FUNDS

"SEC. 428D. Notwithstanding any other provision of this part regarding permissible uses of funds from any source, funds received by a guaranty agency under any provision of this part may be commingled with funds received under any other provision of this part and may be used to carry out the purposes of such other provision, except that— "(1) the total amount expended for the purposes of such other provision shall not exceed the amount the guaranty agency would otherwise be authorized to expend; and "(2) the authority to commingle such funds shall not relieve such agency of any accounting or auditing obligations under this part.

20 USC 1078-4.

"STATE GARNISHMENT LAW REQUIREMENTS

428E. (a) REQUIREMENTS FOR ADDITIONAL COST PAYMENTS.— A garnishment law complies with the requirements of this section if such law— "(1) provides that the amount deducted for any pay period may not exceed 10 percent of disposable pay, except that a greater percentage may be deducted upon the written consent of the individual involved; "(2) provides the individual with a minimum of 30 days written notice, informing such individual of the nature and amount of the indebtedness determined by such agency to be due, the intention of the agency to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under such law; "(3) provides the individual with an opportunity to inspect and copy records relating to the debts; "(4) provides the individual with an opportunity to enter into a written agreement with the agency, under terms agreeable to the head of the agency or his designee, to establish a schedule for the repayment of the debt; "(5) provides the individual with an opportunity for a hearing in accordance with subsection Ob) on the determination of the agency concerning the existence or the amount of the debt, and in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to paragraph (4), concerning the terms of the repayment schedule, but does not permit additional administrative or judicial procedures that would delay collection of the debt (such as reduction of the debt to a judgment); "(6) provides that the employer will be held liable to the agency for any amount which such employer fails to withhold l from wages due an employee following receipt by such employer of proper notice under paragraph (2), but such employer shall not be required to vary the normal pay and disbursement cycles in order to comply with this paragraph; and "(7) provides for the imposition of a fine against any employer who discharges from employment, refuses to employ, or takes disciplinary action against any individual subject to wage withholding required by this section because of the existence of such withholding and the obligations or additional obligations which it imposes upon the employer. "SEC.

20 USC 1078-5.

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