[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR608.3]



[Page 107-108]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 608_CLAIMS COLLECTION AND ADMINISTRATIVE OFFSET--Table of Contents

 

Sec. 608.3  Administrative offset.



    (a) If NSF is unable to collect a claim from a person after trying 

to do so in



[[Page 108]]



accordance with Sec. 608.2, NSF may collect the claim by administrative 

offset subject to the procedures and limitations of 31 U.S.C. 3716 and 

the applicable provisions of the Federal Claims Collection Standards. 

Determinations to pursue administrative offset shall be made on a case-

by-case basis taking into account the considerations specified at 31 

U.S.C. 3716(b) and 4 CFR 102.3(a). Before employing administrative 

offset, NSF will comply with the notice, hearing, review, or other 

procedural requirements of 31 U.S.C. 3716(a) and 4 CFR 102.3(b) and (c). 

Furthermore, before an administrative offset is taken by NSF pursuant to 

the authority of this part 608, the matter shall be referred to the 

Office of General Counsel for legal review to ensure that the required 

procedures have been followed.

    (b) When another agency requests NSF to administratively offset a 

claim owing to that agency, NSF will normally comply with such request 

if the requesting agency has provided the certification required by 4 

CFR 102.3(f) and offset would not be contrary to law. Before imposing 

administrative offsets at the request of another agency under this part 

608, the matter shall be referred to the NSF Office of General Counsel 

for legal review.

    (c)(1) In appropriate cases, NSF may request another agency to 

administratively setoff a claim owed to NSF. Before making the 

certification to the other agency required by 4 CFR 102.3(f), the matter 

shall be referred to the NSF Office of General Counsel for legal review.

    (2) Unless otherwise prohibited by law, NSF may request that moneys 

that are due and payable to a debtor from the Civil Service Retirement 

and Disability Fund, the Foreign Service Retirement Fund or any other 

Federal 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 that agency. 

The requests for administrative offset will certify in writing that (i) 

the debtor owes the United States a debt and the amount of the debt; 

(ii) NSF has complied with applicable regulations and procedures; and 

(iii) NSF has followed the requirements of the Federal Claims Collection 

Standards as made applicable by this section. Once NSF decides to 

request offset from a Federal retirement fund, it will make the request 

as soon as practical after completion of the applicable procedures in 

order that the fund servicing agency may identify and flag the debtor's 

account in anticipation of the time when the debtor requests or becomes 

eligible to receive payments from the fund and to ensure that offset 

will be initiated prior to the expiration of the statute of limitations.

    (3) If NSF collects part or all of the debt by other means before 

deductions are made or completed pursuant to this paragraph (c), NSF 

shall act promptly to modify or terminate its request for offset.

    (4) This paragraph (c) does not require or authorize the fund 

servicing agency to review the merits of (i) NSF's determination with 

respect to the amount and validity of the debt, (ii) NSF's determination 

as to waiver under an applicable statute, or (iii) NSF's determination 

to provide or not provide an oral hearing.

    (d) No collection by administrative offset shall be made on any debt 

that has been outstanding for more than ten years unless facts material 

to the Government's right to collect the debt were not known, and 

reasonably could not have been known, by the official or officials 

responsible for discovering the debt.

    (e) Administrative offset under this section will not be initiated 

against:

    (1) A debt in which administrative offset of the type of debt 

involved is explicitly provided for or prohibited by a statutes other 

than 31 U.S.C. 3716, including debts subject to the Salary offset 

procedures at 45 CFR part 607;

    (2) Debts owed by other agencies of the United States or by any 

State or local Government; or

    (3) Debts arising under the Internal Revenue Code of 1954; the 

Social Security Act; or the tariff laws of the United States.



[[Page 109]]