Page:United States Statutes at Large Volume 96 Part 2.djvu/390

 96 STAT. 1752

Hearing.

Petition filing.

Definitions.

PUBLIC LAW 97-365—OCT. 25, 1982

his designee, to establish a schedule for the repayment of the debt; and "(D) an opportunity for a hearing 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 subparagraph (C), concerning the terms of the repayment schedule. A hearing, described in subparagraph (D), shall be provided if the individual, on or before the fifteenth day following receipt of the notice described in subparagraph (A), and in accordance with such procedures as the head of the agency may prescribe, files a petition requesting such a hearing. The timely filing of a petition for hearing shall stay the commencement of collection proceedings. A hearing under subparagraph (D) may not be conducted by an individual under the supervision or control of the head of the agency, except that nothing in this sentence shall be construed to prohibit the appointment of an administrative law judge. The hearing official shall issue a final decision at the earliest practicable date, but not later than sixty days after the filing of the petition requesting the hearing. "(3) The collection of any amount under this section shall be in accordance with the standards promulgated pursuant to the Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) or in accordance with any other statutory authority for the collection of claims of the United States or any agency thereof "(4) For purposes of this subsection— "(A) 'disposable pay' means that part of pay of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld; and "(B) 'agency' includes the United States Postal Service and the Postal Rate Commission.". (b) Section 5514(b) of title 5, United States Code, is amended by inserting "(1)" immediately after "(b)" and by adding at the end thereof the following new paragraph: "(2) For purposes of section 7117(a) of this title, no regulation prescribed to carry out subsection (a)(2) of this section shall be considered to be a Government-wide rule or regulation.". (c) The section heading of section 5514 of title 5, United States Code, is amended to read as follows: States". PROTECTION OF FEDERAL DEBT COLLECTORS
 * '§5514. Installment deduction for indebtedness to the United

SEC. 6. Section 1114 of title 18, United States Code, is amended— (1) by striking out "or" before "any attorney"; and (2) by inserting before "shall be punished" a comma and the following: "or any officer or employee of the United States or any agency thereof designated to collect or compromise a Federal claim in accordance with the Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) or other statutory authority". SCREENING POTENTIAL DEBTORS SEC. 7. (a) DISCLOSURE TO FEDERAL LENDING AGENCY THAT APPLICANT HAS TAX DEUNQUENT ACCOUNT.—Paragraph (3) of section

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