[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR179.307]

[Page 39-40]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 179_CLAIMS COLLECTION STANDARDS--Table of Contents
 
                     Subpart C_Administrative Offset
 
Sec. 179.307  Administrative offset.

    (a) If the debtor does not exercise the right to request a review 
within the time specified in Sec. 179.305 or, if as a result of the 
review, it is determined that the debt is due and no written agreement 
is executed, then administrative offset shall be ordered in accordance

[[Page 40]]

with these regulations without further notice.
    (b) Request for offset to a Federal agency: The Director or his or 
her designee may request that funds due and payable to a debtor by a 
Federal agency be administratively offset in order to collect a debt 
owned to OPM by that debtor. In requesting administrative offset OPM, as 
creditor, will certify in writing to the Federal agency holding funds of 
the debtor:
    (1) That the debtor owes the debt;
    (2) The amount and basis of the debt; and
    (3) That OPM has complied with the requirements of 31 U.S.C. 3716, 
its own administrative offset regulations, and the applicable provisions 
of 4 CFR part 102 with respect to providing the debtor with due process.
    (c) Request for offset from a Federal agency: When administrative 
offset is authorized, any Federal creditor agency may request OPM to 
make an administrative offset from any OPM funds that are due and 
payable to a creditor agency's debtor. OPM shall initiate the requested 
administrative offset only upon:
    (1) Receipt of written certification from the creditor agency:
    (i) That the debtor owes the debt;
    (ii) The amount and basis of the debt;
    (iii) That the agency has prescribed regulations for the exercise of 
administrative offset; and
    (iv) That the agency has complied with its own administrative offset 
regulations and with the applicable provisions of 4 CFR part 102, 
including providing any required hearing or review.
    (2) A determination by OPM that collection by offset against funds 
payable by OPM would not otherwise be contrary to law.