[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR21.2]

[Page 197]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 21--ADMINISTRATIVE OFFSET--Table of Contents
 
Sec. 21.2  Purpose and scope.

    (a) The regulations in this subpart establish procedures to 
implement section 10 of the Debt Collection Act of 1982 (Pub. L. 97-
365), 31 U.S.C. 3716. Among other things, this statute authorizes the 
heads of each agency to collect a claim arising under an agency program 
by means of administrative offset, except that no claim may be collected 
by such means if outstanding for more than 10 years after the agency'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 to discover and 
collect such debts.
    (b) Unless otherwise provided for by statute, these regulations do 
not apply to an agency of the United States, a State government, or unit 
of general local government. In addition, these procedures do not apply 
to debts arising under the Internal Revenue Code (26 U.S.C. 1-9602), the 
Social Security Act (42 U.S.C. 301-1397f), the tariff laws of the United 
States; or to contracts covered by the Contract Dispute Act of 1978 (41 
U.S.C. 601-613).
    (c) The regulations cover debts owed to the United States from any 
person, organization or entity, including debts owed by current and 
former Department employee, or other Federal employees, while employed 
in one capacity or another by the Department of Commerce.
    (d) Debts or payments which are not subject to administrative offset 
under 31 U.S.C. 3716, unless otherwise provided for by contract or law, 
may be collected by administrative offset under the common law or other 
applicable statutory authority.
    (e) Departmental unit head (and designees) will use administrative 
offset to collect delinquent claims which are certain in amount in every 
instance and which collection is determined to be feasible and not 
prohibited by law.