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and shall provide guidance to the Service regarding administration of the provisions of these regulations.

(b) The Commissioned Personnel Operations Division, Office of Personnel Management, Office of Management, Office of the Assistant Secretary for Health, shall implement the provisions of these regulations.

$21.75 Procedures.

(a) Service of notice. (1) An authorized person shall serve on the designated official of the Department a signed notice including:

(i) Full name of the officer;

(ii) Social security number of the officer;

(iii) Duty station location of the officer, if known;

(iv) A statement that support payments are delinquent by an amount at least equal to the amount of support payable for two months;

(v) A photocopy, along with any modifications, of the underlying support order;

(vi) A statement of the amount of arrearages provided for in the court order and the amount which is to be applied each month toward liquidation of the arrearages, if applicable;

(vii) The full name and address of the payee to whom the allotment will be payable;

(viii) Any limitations on the duration of the support allotment.

(2) The service of notice shall be accomplished by certified or registered mail, return receipt requested, or by personal service, upon the appropriate designated official of the Department. The designated official shall note the date and time of receipt on the notice.

(3) Valid service is not accomplished until the notice is received in the office of the designated official.

(4) If the order of a court or duly authorized administrative agency seeks collection of arrearages, the notice must state that the support allotment qualifies for the additional 5 percent in excess of the maximum percentage limitations found in 15 U.S.C. 1673. Supporting evidence must be submitted to the Department establishing that the support order is 12 or more weeks in arrears.

(5) When the information submitted is not sufficient to identify the officer the notice shall be returned directly to the authorized person with an explanation of the deficiency. However, before returning the notice, an attempt should be made to inform the authorized person who caused the notice to be served that it will not be honored unless adequate information is supplied.

(6) Upon proper service of notice of delinquent support payments and together with all required supplementary documents and information, the Seryice shall identify the officer from whom moneys are due and payable. The pay of the officer shall be reduced by the amount necessary to comply with the support order and liquidate arrearages if any, if provided by order of a court or duly authorized administrative agency. The maximum amount to be alloted under the provision together with any other moneys withheld from the officer for support pursuant to a court order may not exceed:

(i) 50 percent of the officer's disposable earnings for any month when the officer asserts by affidavit or other acceptable evidence that he or she is supporting a spouse or dependent child or both, other than a party in the support order. When the officer submits evidence, copies shall be sent to the authorized person, together with notification that the officer's support claim will be honored. If the support claim is contested by the authorized person, the authorized person may refer it to the appropriate court or other authority for resolution. Pending resolution of a contested support claim, the allotment shall be made but the amount of such allotment may not exceed 50 percent of the officer's disposable earnings;

(ii) 60 percent of the officer's disposable earnings for any month when the officer fails to assert by affidavit or other acceptable evidence, that he or she is supporting a spouse or dependent child or both;

(iii) Regardless of the limitations above, an additional five percent of the officer's disposable earnings shall be withheld when it is stated in the notice that the officer is in arrears in an amount equivalent to 12 weeks' support.

or

more

(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 mounts 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

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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.

(1) 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.

(g) 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.

$ 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]

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(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(1)) (21 FR 9821, Dec. 12, 1956, as amended at 31 FR 12939, Oct. 5, 1966)

$23.4

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? 23.23 Who is eligible to receive a private

retary including, but not limited to, 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?

group, the public or nonprofit private 23.28 What events constitute default? 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

any part of its net earnings to the benAUTHORITY: Secs. 333,

338E(C), and 338C(e)(1), Public Health Service Act. 90 Stat.

efit of any private shareholder or indi2272, 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 $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

8 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 Sec$ 23.2 Definitions.

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

form and at the time prescribed by the

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