[Code of Federal Regulations]

[Title 12, Volume 6]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR608.820]



[Page 42]

 

                       TITLE 12--BANKS AND BANKING

 

                 CHAPTER VI--FARM CREDIT ADMINISTRATION

 

PART 608_COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents

 

                     Subpart B_Administrative Offset

 

Sec. 608.820  Applicability.





    (a) The provisions of this subpart shall apply to the collection of 

debts by administrative [or salary] offset under 31 U.S.C. 3716, 5 

U.S.C. 5514, or other statutory or common law.

    (b) Offset shall not be used to collect a debt more than 10 years 

after the Government's right to collect the debt first accrued, unless 

facts material to the Government's right to collect the debt were not 

known and could not reasonably have been known by the official or 

officials of the Government who were charged with the responsibility of 

discovering and collecting such debt.

    (c) Offset shall not be used with respect to:

    (1) Debts owed by other agencies of the United States or by any 

State or local government;

    (2) Debts arising under or payments made under the Social Security 

Act, the Internal Revenue Code of 1986, as amended, or tariff laws of 

the United States; or

    (3) Any case in which collection by offset of the type of debt 

involved is explicitly provided for or prohibited by another statute.

    (d) Unless otherwise provided by contract or law, debts or payments 

which are not subject to offset under 31 U.S.C. 3716 or 5 U.S.C. 5514 

may be collected by offset if such collection is authorized under common 

law or other applicable statutory authority.