---
kind: "section"
citation: "22 C.F.R. § 213.38"
title: "22"
number: "213.38"
heading: "Mandatory transfer of debts to Department of the Treasury's Bureau of the Fiscal Service—general."
url: "https://uscodex.org/cfr/22/213.38"
---

# §213.38. Mandatory transfer of debts to Department of the Treasury's Bureau of the Fiscal Service—general.

- (a) USAID's procedures call for the transfer of legally enforceable debt to Fiscal Service 90 days from the date provided on the Agency's initial written demand-for-payment notice issued to the debtor. A debt is legally enforceable if the Agency has made a final determination that the debt, in the amount stated, is due and there are no legal bars to collection action. A debt is not considered legally enforceable for purposes of mandatory transfer to Fiscal Service if a debt is the subject of a pending administrative review process required by statute or regulation and collection action during the review process is prohibited.
- (b) Except as set forth in [paragraph (a)](#a) of this section, USAID will transfer any debt covered by this part that is more than 120 days delinquent to Fiscal Service for debt-collection services. A debt is considered 120 days delinquent for purposes of this section if it is 120 days past due and is legally enforceable.

## Notes

### Amendments

[86 FR 31146, June 11, 2021]

### Authority

Authority: 22 U.S.C. 2381(a); 31 U.S.C. 902(a); 31 U.S.C. 3701-3719; 5 U.S.C. 5514; 31 CFR part 285; 31 CFR parts 900 through 904.

### Source

Source: 67 FR 47258, July 18, 2002, unless otherwise noted.

### Amendments

[86 FR 31146, June 11, 2021]