Current through September 30, 2024
Section 30.21 - When may the Secretary offset a debt?(a) The Secretary may offset a debt if:(1) The debt is liquidated or certain in amount; and(2) Offset is feasible and not otherwise prohibited.(b)(1) Whether offset is feasible is determined by the Secretary in the exercise of sound discretion on a case-by-case basis, either:(i) For each individual debt or offset; or(ii) For each class of similar debts or offsets.(2) The Secretary considers the following factors in making this determination:(i) Whether offset can be practically and legally accomplished.(ii) Whether offset will further and protect the interests of the United States.(c) The Secretary may switch advance funded grantees to a reimbursement payment system before initiating an offset. Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a-1 , 31 U.S.C. 3716(b)