[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR34.10]

[Page 140]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 34_COLLECTION OF DEBTS--Table of Contents
 
   Subpart B_Administrative Offset and Referral to Collection Agencies
 
Sec. 34.10  Administrative offset against amounts payable for Civil 
Service Retirement and Disability Fund.

    (a) Unless otherwise prohibited by law, STATE may request that 
monies that are due and payable to a debtor from the Civil Service 
Retirement and Disability Fund, Federal Employee Retirement Fund, or the 
Foreign Service Retirement Fund be administratively offset in reasonable 
amounts in order to collect in one full payment or a minimal number of 
payments, debts owed the United States by the debtor. Such requests 
shall be made to the appropriate officials of the respective fund 
servicing agency in accordance with such regulations as may be 
prescribed by the Director of that agency.
    (b) When making a request for administrative offset under paragraph 
(a) of this section, STATE shall include written statements that:
    (1) The debtor owes the United States a debt, including the amount 
of the debt.
    (2) STATE has complied with the applicable statutes, regulations, 
and procedures of the respective fund servicing agencies.
    (3) STATE has complied with the requirements of Sec. 34.9 of this 
part.
    (c) Once STATE decides to request offset under paragraph (a) of this 
section, it will make the request as soon as practical after completion 
of the applicable procedures in order that the fund servicing agency may 
identify the debtor's account in anticipation of the time when the 
debtor requests or becomes eligible to receive payments from the fund. 
This will satisfy any requirements that offset will be initiated prior 
to expiration of the applicable statute of limitations.
    (d) If STATE collects part or all of the debt by other means before 
deductions are made or completed pursuant to paragraph (a) of this 
section, STATE shall act promptly to modify or terminate its request for 
offset under paragraph (a) of this section.
    (e) This section does not require or authorize the fund servicing 
agency to review the merits of the STATE determination relative to the 
amount and validity of the debt, its determination on waiver under an 
applicable statute, or its determination whether to provide an oral 
hearing.