Goto Section: 1.1916 | 1.1918 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1917 Referrals to the Department of Justice and transfer of delinquent
debt to the Secretary of Treasury.
(a) Referrals to the Department of Justice shall be made in accordance
with the standards set forth in part 904 of the Federal Claims
Collection Standards (31 CFR part 904).
(b) The DCIA includes separate provisions governing the requirements
that the Commission transfer delinquent debts to Treasury for general
collection purposes (cross-servicing) in accordance with 31 U.S.C.
3711(g)(1) and (2), and notify Treasury of delinquent debts for the
purpose of administrative offset in accordance with 31 U.S.C.
3716(c)(6). Title 31, U.S.C. 3711(g)(1) requires the Commission to
transfer to Treasury all collection activity for a given debt. Under
section 3711(g), Treasury will use all appropriate debt collection
tools to collect the debt, including referral to a designated debt
collection center or private collection agency, and administrative
offset. Once a debt has been transferred to Treasury pursuant to the
procedures at 31 CFR 285.12, the Commission will cease all collection
activity related to that debt.
(c) All non-tax debts of claims owed to the Commission that have been
delinquent for a period of 120 days shall be transferred to the
Secretary of the Treasury. Debts which are less than 120 days
delinquent may also be referred to the Treasury. Upon such transfer the
Secretary of the Treasury shall take appropriate action to collect or
terminate collection actions on the debt or claim. A debt is past-due
if it has not been paid by the date specified in the Commission's
initial written demand for payment or applicable agreement or
instrument (including a post-delinquency payment agreement) unless
other satisfactory payment arrangements have been made.
[ 69 FR 27848 , May 17, 2004, as amended at 80 FR 43031 , July 21, 2015]
Goto Section: 1.1916 | 1.1918
Goto Year: 2020 |
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