---
kind: "section"
citation: "45 C.F.R. § 1150.40"
title: "45"
number: "1150.40"
heading: "Under what circumstances will the Endowment collect amounts that I owe to the Endowment (or some other Federal agency) by offsetting the debt against payments that the Endowment (or some other Federal agency) owes me?"
url: "https://uscodex.org/cfr/45/1150.40"
---

# §1150.40. Under what circumstances will the Endowment collect amounts that I owe to the Endowment (or some other Federal agency) by offsetting the debt against payments that the Endowment (or some other Federal agency) owes me?

- (a) The regulations in this subpart apply to the collection of any debts you owe to the Endowment, or to any request from another Federal agency that the Endowment collect a debt you owe by offsetting your debt against a payment the Endowment owes you. Administrative offset is authorized under Section 5 of the Federal Claims Collection Act of 1966, as amended ([31 U.S.C. 3716](/usc/31/3716.md)). The Endowment shall carry out administrative offset in accordance with the provisions of the Federal Claims Collection Standards; the regulations in this subpart are intended only to supplement the provisions of the Federal Claims Collection Standards.
- (b) The Chairperson, after attempting to collect a debt you owe to the Endowment under Section 3(a) of the Federal Claims Collection Act of 1966, as amended ([31 U.S.C. 3711(a)](/usc/31/3711.md?p=a)), may collect the debt by administrative offset, subject to the following:
  - (1) The debt you owe is certain in amount; and
  - (2) It is in the best interest of the Endowment to collect your debt by administrative offset because of the decreased costs of collection and acceleration in the payment of the debt.
- (c) No collection by administrative offset will be made on any debt that has been outstanding for more than 10 years unless facts material to the Endowment or a federal agency's right to collect the debt were not known, and reasonably could not have been known, by the official or officials responsible for discovering and collecting the debt.
- (d) **The regulations in this subpart do not apply to—**
  - (1) A case in which administrative offset of the type of debt involved is explicitly prohibited by statute; or
  - (2) **Debts owed to the Endowment by Federal agencies.**

## Notes

### Authority

Authority: 31 U.S.C. 3711, 3716-3718, 3720A; 5 U.S.C. 5514.

### Source

Source: 65 FR 37486, June 15, 2000, unless otherwise noted.