12 CFR § 1208.40 - Authority and scope.

---
identifier: "/us/cfr/t12/s1208.40"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "12 CFR § 1208.40 - Authority and scope."
title_number: 12
title_name: "Banks and Banking"
section_number: "1208.40"
section_name: "Authority and scope."
chapter_name: "FEDERAL HOUSING FINANCE AGENCY"
subchapter_number: "A"
subchapter_name: "ORGANIZATION AND OPERATIONS"
part_number: "1208"
part_name: "DEBT COLLECTION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
cfr_part: "1208"
---


# 1208.40 Authority and scope.

(a) The provisions of this subpart C apply to the collection of debts owed to the Federal Government arising from transactions with FHFA. Administrative offset is authorized under the Debt Collection Improvement Act of 1996 (DCIA). This subpart C is consistent with the Federal Claims Collection Standards (FCCS) on administrative offset issued by the Department of Justice.

(b) FHFA may collect a debt owed to the Federal Government from a person, organization, or other entity by administrative offset, pursuant to 31 U.S.C. 3716, where:

(1) The debt is certain in amount;

(2) Administrative offset is feasible, desirable, and not otherwise prohibited;

(3) The applicable statute of limitations has not expired; and

(4) Administrative offset is in the best interest of the Federal Government.