---
kind: "section"
citation: "34 C.F.R. § 32.1"
title: "34"
number: "32.1"
heading: "Scope."
url: "https://uscodex.org/cfr/34/32.1"
---

# §32.1. Scope.

- (a) The Secretary establishes the standards and procedures in this part that apply to the deductions through offset from disposable pay of a current or former employee of the Department of Education to recover overpayments of pay or allowances.
- (b) **This part does not apply to—**
  - (1) Recovery through offset of an indebtedness to the United States by an employee of the Department under a program administered by the Secretary of Education covered under [34 CFR part 31](/cfr/34/part31.md);
  - (2) The offset of an indebtedness to the United States by a Federal employee to satisfy a judgment obtained by the United States against that employee in a court of the United States;
  - (3) The offset of any payment to an employee of the Department of Education which is expressly allowed under statutes other than [5 U.S.C. 5514](/usc/5/5514.md), except as to offsets of severance pay and/or lump sum annual leave payments as authorized under [31 U.S.C. 3716](/usc/31/3716.md);
  - (4) Offsets under [34 CFR part 30](/cfr/34/part30.md); or
  - (5) An employee election of coverage or of a change of coverage under a Federal benefits program which requires periodic deductions from pay if the amount to be recovered was accumulated over four pay periods or less.

## Notes

### Authority

Authority: 5 U.S.C. 5514; 31 U.S.C. 3716.

### Source

Source: 52 FR 24957, July 1, 1987, unless otherwise noted.