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and shall provide guidance to the Serv- (5) When the information submitted ice regarding administration of the is not sufficient to identify the officer provisions of these regulations.

the notice shall be returned directly to (b) The Commissioned Personnel Op- the authorized person with an explaerations Division, Office of Personnel nation of the deficiency. However, beManagement, Office of Management, fore returning the notice, an attempt Office of the Assistant Secretary for should be made to inform the authorHealth, shall implement the provisions ized person who caused the notice to be of these regulations.

served that it will not be honored un

less adequate information is supplied. $21.75 Procedures.

(6) Upon proper service of notice of (a) Service of notice. (1) An authorized delinquent support payments and toperson shall serve on the designated of- gether with all required supplementary ficial of the Department a signed no- documents and information, the Servtice including:

ice shall identify the officer from (i) Full name of the officer;

whom moneys are due and payable. The (ii) Social security number of the of- pay of the officer shall be reduced by ficer;

the amount necessary to comply with (iii) Duty station location of the offi- the support order and liquidate arrearcer, if known;

ages if any, if provided by order of a (iv) A statement that support pay

court or duly authorized administraments are delinquent by an amount at

tive agency. The maximum amount to least equal to the amount of support

be alloted under the provision together payable for two months;

with any other moneys withheld from (v) A photocopy, along with any

the officer for support pursuant to a modifications, of the underlying sup

court order may not exceed: port order;

(i) 50 percent of the officer's dispos(vi) A statement of the amount of ar- able earnings for any month when the rearages provided for in the court order officer asserts by affidavit or other acand the amount which is to be applied ceptable evidence that he or she is supeach month toward liquidation of the porting a spouse or dependent child or arrearages, if applicable;

both, other than a party in the support (vii) The full name and address of the order. When the officer submits evipayee to whom the allotment will be dence, copies shall be sent to the aupayable;

thorized person, together with notifica(viii) Any limitations on the duration

tion that the officer's support claim of the support allotment.

will be honored. If the support claim is (2) The service of notice shall be ac

contested by the authorized person, the complished by certified or registered

authorized person may refer it to the mail, return receipt requested, or by

appropriate court or other authority personal service, upon the appropriate

for resolution. Pending resolution of a designated official of the Department. contested support claim, the allotment The designated official shall note the shall be made but the amount of such date and time of receipt on the notice. allotment may not exceed 50 percent of (3) Valid service is not accomplished

the officer's disposable earnings; until the notice is received in the office (ii) 60 percent of the officer's disposof the designated official.

able earnings for any month when the (4) If the order of a court or duly au- officer fails to assert by affidavit or thorized administrative agency seeks other acceptable evidence, that he or collection of arrearages, the notice she is supporting a spouse or dependent must state that the support allotment child or both; qualifies for the additional 5 percent in (iii) Regardless of the limitations excess of the maximum percentage lim- above, an additional five percent of the itations found in 15 U.S.C. 1673. Sup- officer's disposable earnings shall be porting evidence must be submitted to withheld when it is stated in the notice the Department establishing that the that the officer is in arrears in an support order is 12 or more weeks in ar- amount equivalent to 12 or more rears.

weeks' support.

(b) Disposable earnings. (1) The following moneys, as defined in the U.S. Public Health Service Commissioned Corps Personnel Manual, are subject to inclusion in computation of the officer's disposable earnings:

(i) Basic pay;

(ii) Basic allowances for quarters for officers with dependents and officers without dependents;

(iii) Basic allowance for subsistence;

(iv) Special pay for physicians, dentists, optometrists, and veterinarians;

(v) Hazardous duty pay; (vi) Flying pay; and

(vii) Family separation allowances (only for officers assigned outside the contiguous United States).

(c) Exclusions. The following moneys are excluded from the computation of the officer's disposable earnings. Amounts due from or payable by the United States shall be offset by any amounts:

(1) Owed by the officer to the United States.

(2) Required by law to be deducted from the remuneration or other payment involved including but not limited to:

(i) Amounts withheld from benefits payable under title II of the Social Security Act when the withholding is required by law;

(ii) FICA.

(3) Properly withheld for Federal and State income tax purposes if the withholding of the amounts is authorized or required by law and if amounts withheld are not greater than would be the case if the individual claimed all dependents to which he or she were entitled. The withholding of additional amounts pursuant to 26 U.S.C. 3402(i) may be permitted only when the officer presents evidence of a tax obligation which supports the additional withholding.

(4) Deducted for the Servicemen's Group Life Insurance coverage.

(5) Advances of pay that may be due and payable by the officer in the future.

(d) Officer Notification. (1) As soon as possible, but not later than 30 calendar days after the date of receipt of notice, the Commissioned Personnel Operations Division shall send to the officer

at his or her duty station, written notice:

(i) That notice has been served, including a copy of the documents submitted;

(ii) Of the maximum limitations set forth, with a request that the officer submit supporting affidavits or other documentation necessary for determining the applicable percentage limitation;

(iii) That by submitting supporting affidavits or other necessary documentation, the officer consents to the disclosure of such information to the party requesting the support allotment;

(iv) Of the amount of percentage that will be deducted if the officer fails to submit the documentation necessary to enable the designated official of the Service to respond to the legal process within the time limits set forth;

(v) That a consultation with a legal officer is authorized and will be provided by the Department. The name, address, and telephone number of the legal officer will be provided;

(vi) That the officer may waive the personal consultation with a legal officer; however if consultation is waived action will be taken to initiate the allotment by the first end-of-month payday after notification is received that the officer has waived his/her consultation;

(vii) That the allotment will be initiated without the officer having received a personal consultation with a legal officer if the legal officer provides documentation that consultation could not be arranged even though good faith attempts to do so had been made; and

(viii) Of the date that the allotment is scheduled to begin.

(2) The Commissioned Personnel Operations Division shall inform the appropriate legal officer of the need for consultation with the officer and shall provide the legal officer with a copy of the notice and other legal documentation served on the designated official.

(3) If possible, the Commissioned Personnel Operations Division shall provide the officer with the following:

(i) A consultation in person with the appropriate legal officer to discuss the legal and other factors involved with Counsel, Room 5362 North Building, 330 Independence Avenue,

SW.,

Washington, DC 20201. (Approved by the Office of Management and Budget under control number 0937-0123)

PART 22-PERSONNEL OTHER THAN

COMMISSIONED OFFICERS

HANSEN'S DISEASE DUTY BY PERSONNEL

OTHER THAN COMMISSIONED OFFICERS Sec. 22.1 Duty at a station of the Service de

voted to the care of Hansen's disease patients; additional pay.

SPECIAL CONSULTANTS 22.3 Appointment of special consultants. 22.5 Leave without pay while on detail.

AUTHORITY: Sec. 208(e) of the Public Health Service Act, 42 U.S.C. 210(e); E.O. 11140, 29 FR 1637.

HANSEN'S DISEASE DUTY BY PERSONNEL OTHER THAN COMMISSIONED OFFICERS

the officer's support obligation and his/ her failures to make payment;

(ii) Copies of any other documents submitted with the notice.

(4) The legal officer concerned will confirm in writing to the Commissioned Personnel Operations Division within 30 days of notice that the officer received a consultation concerning the officer's support obligation and the consequences of failure to make payments. The legal officer concerned must advise the Commissioned Personnel Operations Division of the inability to arrange such consultation and the status of continuing efforts to contact the officer.

(e) Lack of money. (1) When notice is served and the identified officer is found not to be entitled to any moneys due from or payable by the Department of Health and Human Services, the Commissioned Personnel Operations Division shall return the notice to the authorized person, and advise in writing that no moneys are due from or payable by the Department of Health and Human Services to the named individual.

(2) Where it appears that moneys are only temporarily exhausted or otherwise unavailable, the Commissioned Personnel Operations Division shall advise the authorized person in writing on a timely basis as to why, and for how long, the moneys will be unavailable.

(3) In instances where the officer separates from active duty, the authorized person shall be informed in writing on a timely basis that the allotment is discontinued.

(f) Effective date of allotment. Allotments shall be withheld beginning on the first end-of-month payday after the Commissioned Personnel Operations Division is notified that the officer has had a consultation with a legal officer, has waived his/her right to such consultation, or the legal officer has submitted documentation that a consultation with the officer could not be arranged after good faith attempts to do so were made by the legal officer. The Service shall not be required to vary its normal allotment payment cycle to comply with the notice.

(8) Designated official. Department of Health and Human Services, General

$ 22.1 Duty at a station of the Service

devoted to the care of Hansen's dis

ease patients; additional pay. (a) Non-commissioned officers and other employees of the Service shall not receive any additional compensation by reason of being assigned to any duty requiring intimate contact with persons with Hansen's disease. However, any such officer or employee who was entitled, on January 4, 1986, to receive additional pay by reason of being assigned to full-time duty, for a period of 30 days or more, at a station of the Service devoted to the care of Hansen's disease patients and who continues to be assigned to such duty, shall receive special pay as long as such assignment continues without a break.

(b) Such special pay shall, on any future date, be at an annual dollar level equal to the lower of the levels that would be paid under the following subparagraphs:

(1) 25% of the lowest level of basic pay that he or she has been receiving on any date from January 4, 1986, through that future date;

(2) The amount by which the level of an employee's basic pay plus special pay on January 4, 1986, exceeds the level of that employee's basic pay on that on that future date, except that the special pay under this subparagraph shall not be less that 12 times the monthly special pay then paid to Commissioned Officers entitled to special pay for duty involving intimate contact with persons who have Hansen's disease. (As of October 24, 1985, that monthly rate was $110.)

(c) An officer or employee may be paid special pay for any pay period, under paragraphs (a) and (b) of this section, only to the extent that it does not cause his or her aggregate pay for that pay period to exceed the biweekly rate of basic pay for Level V of the Executive Schedule. As used in this paragraph, "aggregate pay” comprises basic pay, this special pay, and premiums for overtime, nightwork, irregular duty, standby status, and Sunday or holiday work. [50 FR 43146, Oct. 24, 1985)

$ 22.5 Leave without pay while on de

tail. The Secretary or his delegate may, pursuant to section 214(d) of the Public Health Service Act, 42 U.S.C. 215(d), and with the consent of the officer or employee concerned, arrange, through agreements or otherwise, for a civilian officer or employee of the Public Health Service to be placed on leave without pay for the period of a detail to a State, a subdivision thereof, or a private non-profit institution and be paid by the non-Federal organization. Such an arrangement may be for a period of not to exceed 2 years, but may be extended for additional periods of not to exceed 2 years each. (Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216) (33 FR 18981, Dec. 20, 1968)

PART 23-NATIONAL HEALTH

SERVICE CORPS

SPECIAL CONSULTANTS

Subpart A-Assignment of National Health

Service Corps Personnel

$ 22.3 Appointment of special consult

ants. (a) When the Public Health Service requires the services of consultants who cannot be obtained when needed through regular Civil Service appointment or under the compensation provisions of the Classification Act of 1949, special consultants to assist and advise in the operations of the Service may be appointed, subject to the provisions of the following paragraphs and in accordance with such instructions as may be issued from time to time by the Secretary of Health and Human Services.

(b) Appointments, pursuant to the provisions of this section, may be made by those officials of the Service to whom authority has been delegated by the Secretary or his designee.

(c) The per diem or other rates of compensation shall be fixed by the appointing officer in accordance with criteria established by the Surgeon General.

Sec. 23.1 To what entities does this regulation

apply? 23.2 Definitions. 23.3 What entities are eligible to apply for

assignment? 23.4 How must an entity apply for assign

ment? 23.5 What are the criteria for deciding

which applications for assignment will be

approved? 23.6 What are the criteria for determining

the entities to which National Health

Service Corps personnel will be assigned? 23.7 What must an entity agree to do before

the assignment is made? 23.8 What operational requirements apply

to an entity to which National Health

Service Corps personnel are assigned? 23.9 What must an entity to which National

Health Service Corps personnel are assigned (i.e., a National Health Service Corps site) charge for the provision of

health services by assigned personnel? 23.10 Under what circumstances may a Na

tional Health Service Corps site's reimbursement obligation to the Federal Gov

ernment be waived? 23.11 Under what circumstances may the

Secretary sell equipment or other property of the United States used by the Na

tional Health Service Corps site? 23.12 Who will supervise and control the as

signed personnel?

(Sec. 208(c), 58 Stat. 686, as amended; 42 U.S.C. 209(e); sec. 207(1), 58 Stat. 686 as amended by 62 Stat. 40; 42 U.S.C. 209() [21 FR 9821, Dec. 12, 1956, as amended at 31 FR 12939, Oct. 5, 1966)

23.13 What nondiscrimination requirements Act means the Public Health Service apply to National Health Service Corps

Act, as amended. sites?

Assigned National Health Service Corps Subpart B-Private Practice Special Loans

personnel or Corps personnel means for Former Corps Members

health personnel of the Regular and

Reserve Corps of the Public Health 23.21 Definitions.

Service Commissioned Corps and civil23.22 What is the purpose of a private prac- ian personnel as designated by the Sectice loan?

retary including, but not limited to, 23.23 Who is eligible to receive a private practice option loan?

physicians, dentists, nurses, and other 23.24 In what amounts are loans made?

health professions personnel who are 23.25 How will interest rates for loans be de

assigned under section 333 of the Act termined?

and this regulation. 23.26 How is the loan repaid?

Health manpower shortage area means 23.27 What happens if scheduled payments

the geographic area, the population are late? 23.28 What events constitute default?

group, the public or nonprofit private 23.29 What happens in the case of a default?

medical facility or any other public fa23.30 May the loan be prepaid?

cility which has been determined by 23.31 May loan payments be postponed or

the Secretary to have a shortage of waived?

health manpower under section 332 of 23.32 What conditions are imposed on the the Act and its implementing regulause of the loan funds?

tion (42 CFR part 5). 23.33 What security must be given for these

National Health Service Corps site loans? 23.34 What other conditions are imposed?

means the entity to which personnel 23.35 What criteria are used in making

have been assigned under section 333 of loans?

the Act and this regulation to provide

health services in or to health manSubpart C-Private Startup Loans power shortage area. 23.41 What conditions are applicable to

Nonprofit private entity means as entiloans under this subpart?

ty which may not lawfully hold or use AUTHORITY:

any part of its net earnings to the benSecs.

338E(c),

and

efit of any private shareholder or indi338C(e)(1), Public Health Service Act. 90 Stat. 2272, as amended, 95 Stat. 905, 97 Stat. 1345 (42

vidual and which does not hold or use U.S.C. 254f et seq.), 95 Stat. 912 (42 U.S.C. its net earnings for that purpose. 254p(c)), 95 Stat. 910 (42 U.S.C. 254n(e)(1)). Secretary means the Secretary of SOURCE: 45 FR 12790, Feb. 27, 1980, unless

Health and Human Services and any otherwise noted.

other officer or employee of that De

partment to whom the authority inSubpart A-Assignment of Na

volved has been delegated. tional Health Service Corps

Service Corps $23.3 What entities are eligible to Personnel

apply for assignment? 8 23.1 To what entities does this regu.

Any public or nonprofit private entilation apply?

ty which is located in a health manThis regulation applies to the assign

power shortage area, or has a demment of National Health Service Corps

onstrated interest in the shortage area, personnel under section 333 et seq. of

may apply for the assignment of Nathe Public Health Service Act (42

tional Health Service Corps personnel. U.S.C. 254f) to provide health services in or to health manpower shortage

$23.4 How must an entity apply for as

signment? areas as designated under section 332 of the Public Health Service Act (42 (a) An application for the assignment U.S.C. 254e).

of National Health Service Corps per

sonnel must be submitted to the Sec8 23.2 Definitions.

retary by an eligibe applicant in the As used in this subpart:

form and at the time prescribed by the

333,

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