---
kind: "section"
citation: "12 C.F.R. § 1208.1"
title: "12"
number: "1208.1"
heading: "Authority and scope."
url: "https://uscodex.org/cfr/12/1208.1"
---

# §1208.1. Authority and scope.

- (a) **Authority.** FHFA issues this part 1208 under the authority of 5 U.S.C. [5514](/usc/5/5514.md) and [31](/usc/5/31.md) U.S.C. 3701-3720D, and in conformity with the Federal Claims Collection Standards (FCCS) at [31 CFR chapter IX](/cfr/31/chIX.md); the regulations on salary offset issued by the Office of Personnel Management (OPM) at [5 CFR part 550](/cfr/5/part550.md), [subpart K](/cfr/12/subpartK.md); the regulations on tax refund offset issued by the United States Department of the Treasury (Treasury) at [31 CFR 285.2](/cfr/31/285.2.md); and the regulations on administrative wage garnishment issued by Treasury at [31 CFR 285.11](/cfr/31/285.11.md).
- (b) **Scope—**
  - (1) This part applies to debts that are owed to the Federal Government by Federal employees; other persons, organizations, or entities that are indebted to FHFA; and by Federal employees of FHFA who are indebted to other agencies, except for those debts listed in [paragraph (b)(2)](#b-2) of this section.
  - (2) **Subparts B and C of this part 1208 do not apply to—**
    - (i) Debts or claims arising under the Internal Revenue Code ([26 U.S.C. 1](/usc/26/1.md) et seq.), the Social Security Act ([42 U.S.C. 301](/usc/42/301.md) et seq.) or the tariff laws of the United States;
    - (ii) Any case to which the Contract Disputes Act ([41 U.S.C. 601](/usc/41/601.md) et seq.) applies;
    - (iii) Any case where collection of a debt is explicitly provided for or provided by another statute, e.g. travel advances under [5 U.S.C. 5705](/usc/5/5705.md) and employee training expenses under [5 U.S.C. 4108](/usc/5/4108.md), or, as provided for by [title 11](/cfr/11.md) of the United States Code, when the claims involve bankruptcy;
    - (iv) Any debt based in whole or in part on conduct in violation of the antitrust laws or involving fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any party having an interest in the claim, unless the Department of Justice authorizes FHFA to handle the collection; or
    - (v) **Claims between agencies.**
  - (3) Nothing in this part precludes the compromise, suspension, or termination of collection actions, where appropriate, under standards implementing the Debt Collection Improvement Act (DCIA) ([31 U.S.C. 3701](/usc/31/3701.md) et seq.), the FCCS ([31 CFR chapter IX](/cfr/31/chIX.md)) or the use of alternative dispute resolution methods if they are not inconsistent with applicable law and regulations.
  - (4) Nothing in this part precludes an employee from requesting waiver of an erroneous payment under 5 U.S.C. [5584](/usc/5/5584.md), [10](/usc/5/10.md) U.S.C. 2774, or [32 U.S.C. 716](/usc/32/716.md), or from questioning the amount or validity of a debt, in the manner set forth in this part.

## Notes

### Source

Source: 75 FR 68958, Nov. 10, 2010, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 5514; 12 U.S.C. 4526; 26 U.S.C. 6402(d); 31 U.S.C. 3701-3720D; 31 CFR 285.2; 31 CFR Chapter IX.