§ 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]

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