[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR17.100]



[Page 219]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 17_ADMINISTRATIVE CLAIMS--Table of Contents

 

   Subpart C_Procedures for the Collection of Claims by the Government

 

Sec.  17.100  Scope.



    (a) The standards set forth in Sec. Sec.  17.100 through 17.118 are 

the Department's procedures for the collection of money owed to the 

government by means of administrative offset. These procedures apply to 

the collection of debts as authorized by common law, by 31 U.S.C. 3716, 

or under other statutory authority. These procedures will not be used 

when a statute provides its own collection procedure, for procedures for 

grant reduction as a remedial action in grant programs (including the 

CDBG program), when explicitly prohibited by a statute, or when the 

United States has a judgment against the debtor. Unless otherwise 

provided for by statute, these procedures 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 of 1954 (26 U.S.C. 1-9602), the Social 

Security Act (42 U.S.C. 301-1397f), or the tariff laws of the United 

States.

    (b) The Secretary will use administrative offset to collect claims 

which are certain in amount in every instance in which collection is 

determined to be feasible and not prohibited by law. The Secretary will 

determine feasibility on a case-by-case basis, exercising sound 

discretion. In determining feasibility the Secretary will consider:

    (1) The debtor's financial condition;

    (2) Whether offset would substantially interfere with or defeat the 

purposes of the program authorizing the payments against which offset is 

contemplated; and

    (3) Whether offset best serves to further and protect all of the 

interests of the United States.