### Treasury Offset Program

### Frequently Asked Questions

### For U.S. Department of Education Grantees and Payees

##           General Information

2. **Question:  What prompted this change?**

**Answer:**Treasury delegated disbursing authority to ED in 1982 because, at that time, they were unable to meet ED’s requirements for delivery of payments within a two to three day timeframe.  In 2006, Treasury notified ED that this was no longer the case because the timeliness of their disbursements had greatly improved to same day and next day payments.    Also, since it was Treasury’s intention to reduce the number of agencies that had been given delegated disbursing authority, they indicated that they would rescind ED’s delegated disbursing authority at the end of fiscal year 2009.    ED received an extension due to system changes that needed to be made, and to allow time to request exemptions from TOP to April 2010.   While ED’s financial system was ready in April, we requested and received a waiver to exempt our non-Title IV grant payments from TOP until October 1, 2010.  The purpose of this extension was to allow adequate time to notify our grantees of the change and request additional exemptions if needed.  

6. **Question:What are examples of Federal and State debt that may be offset under TOP?**

**Answer:**The following are examples of delinquent debt that are covered by TOP:

· Loans made, insured, or guaranteed by the government (i.e., student direct and guaranteed loans, SBA loans, HUD loans);

· Overpayments including payments disallowed by the Inspector General or an independent audit conducted under the Single Audit Act (i.e., salary or benefit overpayments, duplicate payments, misused grant funds, grant funds spent on unallowable costs);

· Unpaid shares of any non-Federal partner (i.e., States or local governments) in a program involving a Federal  payment and a matching or cost-sharing payment;

· Past due child-support identified by State agencies (in accordance with 31. C.F.R. 285.6).

7. **Question:What kinds of Federal payments can be reduced to resolve a Federal or State debt?**

**Answer:**Depending upon the type of debt owed, the following Federal payments may be eligible for offset or levy: 

· Grant payments

· Tax refunds 

· Wages, including military pay 

· Retirement, including military retirement pay 

· Contractor/vendor payments 

· Travel advances and reimbursements 

· Certain Federal benefit payments, including Social Security benefits (other than Supplemental Security Income), Railroad Retirement benefits (other than tier 2), and Black Lung (part B benefits) 

· Other Federal payments that are not exempt by law or by action of the Secretary of the Treasury

8. **Question:How will grant payments certified by the Department be affected?**

**Answer:**All grant payments certified by the Department, with the exception of those certified under Title IV of the Higher Education Act of 1965, will be subject to the TOP offset. 

## Exemptions Under TOP

9. **Question:Are any Federal grant payments made by the Department exempt from the TOP?**

**Answer:**Federal payments are subject to offsets under TOP UNLESS exempted by Federal statute or other authority.  In accordance with 31 U.S.C. § 3716(c)(1)(C), payments certified by the Department under a program administered by the Secretary of Education under Title IV of the Higher Education Act (HEA) of 1965 are exempt.  A listing of these exempt HEA Title IV programs follows.  The list of exempt programs may be revised in the future.  Please note that the exemption of Title IV funds under TOP does not preclude the offset of the Title IV funds pursuant to other available legal authority.

**TREASURY OFFSET PROGRAM**

Payments Exempt Under TOP from Offsets by Disbursing Officials

U.S. Department of Education

## Notification of Offsets

10. **Question:How does an organization and/or individual know that it is included as a delinquent debtor in the TOP delinquent debtor database?**

**Answer:**Before a creditor agency refers a debt to the TOP, it will have provided the debtor with all appropriate due process notices concerning the delinquent debt.  The required legal notices may include:  written notification of the nature and amount of the debt, the intention of the agency to collect the debt through an administrative offset, and an explanation of the debtor's rights (inspection, copying, review, and repayment opportunities).  The creditor agency has, therefore, informed the delinquent debtor of the potential referral of the debt to the TOP.  Once in the TOP, the debtor will be informed by Treasury when an offset is taken.

There may be other notices published or mailed to debtors if Treasury determines they are needed, but none are required by law except those stated above.  An organization and/or individual is also entitled at any time to inquire in writing whether it is in the delinquent debtor database.  Treasury is required to respond to the inquiry in writing. 

11. **Question:****Will the Department notify a grantee/payee that an offset has occurred?**

**Answer:**No.  If your organization’s payment is offset, Treasury will notify the individual identified as the point of contact for the TIN that an offset has occurred.  

## 

## Responsibilities of Grantees 

## When an Offset Occurs

12. **Question:****As a Department grantee/payee, what are my responsibilities in the event of an offset?**

**Answer:**When all or part of a payment is affected by an offset of a Federal debt, your organization, in order to meet all of your responsibilities and obligations under the grant: 

· Will remain responsible for paying for and providing all approved activities in the grant in accordance with all applicable requirements; 

· Must replace Federal funds that were offset by Treasury with additional resources from non-Federal sources; and

·  Must keep complete and accurate records to demonstrate that all activities required by the grant were carried out properly, and non-Federal sources of funding were used in accordance with all applicable requirements (including prohibitions against supplanting where applicable) to replace the Federal funds that were offset.

13. **Question:If a Federal payment made under a Restricted Rate Program is offset, how will this affect the responsibilities and obligations under the grant?**

**Answer:**If a Federal payment for a grant under a “Restricted Rate Program,” which is subject to a statutory “supplement not supplant” restriction is offset, the offset amount must be replaced with other non-Federal sources of funding that would not result in a violation of the non-supplanting provisions outlined in the grant award.

14. **Question:****How will grantee responsibilities and obligations be affected if a Federal payment is offset under a program with either a statutory or voluntary cost-sharing or matching requirement?**

**Answer:**If a Federal payment is made under a program with either a statutory or voluntary cost-share or matching requirement and is offset by the TOP, the offset amount must be replaced with other non-Federal sources of funding that would not result in a violation of the cost-share or matching requirement.

## 

## Avoiding a Potential Offset

15. **Question:How can I avoid a potential offset?**

**Answer:**To avoid a potential offset, we strongly recommend that you ensure that your organization does not have delinquent debts owed to any Federal or State agencies.  Further, we recommend that this information be communicated throughout your organization to ensure that debts are paid promptly and that no new applicable debts become delinquent.

## Effect of Offsets on 

## Automated Clearinghouse (ACH) 

## and Fedwire Payments

16. **Question:How does the TOP affect ACH Payments?**

**Answer:**If electronic payments are processed utilizing the ACH financial network and your organization’s TIN is matched with a delinquent debtor record in the TOP database, Treasury will offset your payment in whole or in part as needed to recover the delinquent debt.  

17. **Question: How are Fedwire payments affected by the TOP Program?**

**Answer:**If payments are processed by Fedwire payment (same day processing) and the organization’s TIN is matched with a delinquent debtor record, the payment will not be processed.  Instead, the organization must change their payment method to ACH and resubmit the payment request for processing using ACH.  If the account will not accept ACH transactions, the Department will contact the payee to obtain account information for processing the ACH payment. 

18. **Question:****Why must Fedwire payments be converted to the ACH payments?**

**Answer:**The TOP will only process electronic payments from the ACH financial network.

## 

## Additional Assistance with Offsets

19. **Question:As an ED grantee/payee, who may I contact in the event of an offset?**

**Answer:**For questions regarding the **offset program or your specific offset**, contact

The Treasury Offset Program Call Center 

at

(800) 304-3107

or visit the TOP website at:

http://fms.treas.gov/debt/top.html

**For general assistance**, 

contact

The Department’s G5 Hotline

 at

(888) 336-8930.

**For****specific program-related questions,**

 contact

your designated Grant Project Officer in the Department.

**For all other inquiries**, 

contact

Cindy Dixon

 Office of the Chief Financial Officer

at 

(202) 245-6677

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