Page:United States Statutes at Large Volume 96 Part 2.djvu/389

 PUBLIC LAW 97-365—OCT. 25, 1982

96 STAT. 1751

"(B) the term 'system of records' has the meaning given such term under section 552a(a)(5) of title 5, United States Code; and "(C) the term 'head of an agency' includes a designee of the head of an agency.". REQUIREMENT THAT APPLICANT FURNISH TAXPAYER IDENTIFYING NUMBER

SEC. 4. (a) IN GENERAL.—Each Federal agency administering an included Federal loan program shall require any person applying for a loan under such program to furnish such person's taxpayer identifying number. (b) DEFINITIONS.—For purposes of this section— (1) INCLUDED FEDERAL LOAN PROGRAM.—The term "included Federal loan program" has the meaning given to such term by subparagraph (C) of section 6103(1)(3) of the Internal Revenue Code of 1954 (as added by section 7 of this Act). (2) TAXPAYER IDENTIFYING NUMBER.—The term "taxpayer identifying number" has the meaning given to such term by section 6109 of such Code.

26 USC 6103 note.

26 USC 6109.

SALARY OFFSET

SEC. 5. (a) Subsection (a) of section 5514 of title 5, United States Code, is amended to read as follows: "(a)(1) When the head of an agency or his designee determines that an employee, member of the Armed Forces or Reserve of the Armed Forces, is indebted to the United States for debts to which the United States is entitled to be repaid at the time of the determination by the head of an agency or his designee, or is notified of such a debt by the head of another agency or his designee the amount of indebtedness may be collected in monthly installments, or at officially established pay intervals, by deduction from the current pay account of the individual. The deductions may be made from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an individual not entitled to basic pay, other authorized pay. The amount deducted for any period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted upon the written consent of the individual involved. If the individual retires or resigns, or if his employment or period of active duty otherwise ends, before collection of the amount of the indebtedness is completed, deduction shall be made from subsequent payments of any nature due the individual from the agency concerned. "(2) Except as provided in paragraph (3) of this subsection, prior to initiating any proceedings under paragraph (1) of this subsection to collect any indebtedness of an individual, the head of the agency holding the debt or his designee, shall provide the individual with— "(A) a minimum of thirty 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 this subsection; "(B) an opportunity to inspect and copy Government records relating to the debt; "(C) an opportunity to enter into a written agreement with the agency, under terms agreeable to the head of the agency or

Written notice.

Record inspection. Written agreement.

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