[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1650.307]

[Page 411-412]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1650_DEBT COLLECTION--Table of Contents
 
  Subpart C_Procedures for Collection of Debts by Administrative Offset
 
Sec. 1650.307  Administrative offset.

    (a) If the debtor does not timely exercise his right to review or, 
as a result of the review, it is determined that the debt is due and no 
written agreement is executed, then administrative offset shall be 
ordered in accordance with these regulations without further notice.
    (b) The Director of the Financial Management Division of Financial 
and Resource Management Services or designee, after attempting to 
collect a debt from a person under the Federal Claims Collection Act of 
1966, as amended (31 U.S.C. 3711), may collect the debt by 
administrative offset subject to the following:
    (1) The debt is certain in amount; and
    (2) It is in the best interest of the United States to collect the 
debt by administrative offset because it is less costly and speeds 
repayment of the debt.
    (c) If the 6-year period for bringing action on a debt provided in 
28 U.S.C. 2415 has expired, then administrative offset may be used to 
collect the debt only if the costs of bringing such action are likely to 
be less than the amount of the debt.
    (d) No collection by administrative offset shall be made on any debt 
that has been outstanding for more than 10 years unless facts material 
to the Government's right to collect the debt were not known, and 
reasonably could not have been known, by the official or officials 
responsible for discovering and collecting such debt.
    (e) Request for administrative offset by the Commission to another 
Federal agency. The Director of the Financial Management Division, or 
designee, may request that funds due and payable to a debtor by a 
Federal agency be administratively offset in order to collect a debt 
owed to the Commission by that

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debtor. In requesting administrative offset the Commission, as creditor, 
will certify in writing to the Federal agency holding funds of the 
debtor:
    (1) That the debtor owes the debt;
    (2) The amount and basis of the debt; and
    (3) That the Commission has complied with the requirements of its 
own administrative offset regulations in this subpart, and the 
applicable provisions of 4 CFR part 102, including providing any 
required hearing or review.
    (f) Request for administrative offset from another Federal agency. 
Any Federal creditor agency may request the Commission make an 
administrative offset from any Commission funds due and payable to a 
creditor agency's debtor. The Commission shall initiate the requested 
administrative offset only upon:
    (1) Receipt of written certification from the creditor agency:
    (i) That the debtor owes the debt;
    (ii) The amount and basis of the debt;
    (iii) That the agency has prescribed regulations for the exercise of 
administrative offset; and
    (iv) That the agency has complied with its own administrative offset 
regulations and with the applicable provisions of 4 CFR part 102, 
including providing any required hearing or review; and
    (2) A determination by the Commission that collection by 
administrative offset against funds payable to the debtor by the 
Commission would not otherwise be contrary to law.