§ 1018.28 Collection by administrative offset. ( a ) The Board may administratively undertake collection by offset on each claim which is liquidated or certain in amount in accordance with the guidelines and the standards contained in 31 CFR 901.2 and 901.3 and 5 U.S.C. 5514, as applicable. The Board may not initiate administrative offset to collect a debt more than 10 years after the Government's right to 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 to the Board.
( b ) Collection by administrative offset of amounts payable from the Civil Service Retirement and Disability Fund, the Federal Employees Retirement System, or other similar fund is made pursuant to 31 CFR 901.3(e) and the provisions of paragraph (d) of this section.
( c ) Salary offset is governed by 5 U.S.C. 5514.
( d ) The following procedures apply when the Board seeks to collect a debt by offset against any payment to be made to a debtor or against the assets of a holder of a certificate, permit, license, or authorization issued by the Board. ( 1 ) Before the offset is made, the Board shall provide the debtor written notice of the nature and amount of the debt and: ( i ) Notice of the Board's intent to collect the debt by offset;
( ii ) An opportunity to inspect and copy Board records pertaining to the debt;
( iii ) An opportunity to request reconsideration of the debt by the Board, or if provided for by statute, waiver of the debt;
( iv ) An opportunity to enter into a written agreement with the Board to repay or pay the debt, as the case may be;
( v ) An explanation of the debtor's rights under this subpart; and
( vi ) An opportunity for a hearing when required under the provisions of 31 CFR 901.3(e).
( 2 ) If the Board learns that other agencies of the Government are holding funds payable to the debtor, the Board shall provide the other agencies with written certification that the debt is owed to the Board and that the Board has complied with the provisions of 4 CFR 102.3. The Board shall request that funds which are due the debtor and which are necessary to offset the debt to the Board be transferred to the Board.
( 3 ) The Board may accept a repayment or payment agreement, as appropriate, in lieu of offset, but will do so only after balancing the Government's interest in collecting the debts against fairness to the debtor. If the debt is delinquent and the debtor has not disputed its existence or amount, the Board may accept a repayment or payment agreement in lieu of offset only if the debtor is able to establish under sworn affidavit or statement certified under penalty of perjury that offset would result in financial hardship or would result in undue financial hardship or would be against equity and good conscience.
( 4 ) Administrative offset is not authorized with respect to: ( i ) Debts owed by any State or local government;
( ii ) Debts once they become subject to the salary offset provisions of 5 U.S.C. 5514; or
( iii ) Any case in which collection of the type of debt involved by administrative offset is explicitly provided for or prohibited by another statute.
( 5 ) The Board reserves the right to take any other action in respect to offset as is permitted under 4 CFR 102.3.
( e ) The Board shall make appropriate use of the cooperative efforts of other agencies including the Army Holdup List in effecting collections by offset. The Army Holdup List is a list of contractors indebted to the United States.
[58 FR 7749, Feb. 9, 1993, as amended at 81 FR 8852, Feb. 23, 2016]