§ 30.21. When may the Secretary offset a debt?
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/us/cfr/t34/s§ 30.21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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))
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