22 C.F.R. Subpart E—Use of Consumer Reporting Agencies and Referrals to Collection Agencies
Title 22 - Foreign Relations
(a) The Peace Corps may report delinquent debts to consumer reporting agencies (see 31 U.S.C. 3701(a)(3)). Sixty days prior to release of information to a consumer reporting agency, the debtor shall be notified, in writing, of the intent to disclose the existence of the debt to a consumer reporting agency. Such notice of intent may be separate correspondence or included in correspondence demanding direct payment. The notice shall be in conformance with 31 U.S.C. 3711(f) and the Federal Claims Collection Standards. (b) The information that may be disclosed to the consumer reporting agency is limited to: (1) The debtor's name, address, social security number or taxpayer identification number, and any other information necessary to establish the identity of the individual; (2) The amount, status, and history of the claim; and (3) The Peace Corps program or activity under which the claim arose. (a) Peace Corps has authority to contract for collection services to recover delinquent debts in accordance with 31 U.S.C. 3718(c) and the FCCS (4 CFR 102.6). (b) Peace Corps will use private collection agencies where it determines that their use is in the best interest of the Government. Where Peace Corps determines that there is a need to contract for collection services, the contract will provide that: (1) The authority to resolve disputes, compromise claims, suspend or terminate collection action, and refer the matter to the Department of Justice for litigation or to take any other action under this Part will be retained by the Peace Corps; (2) Contractors are subject to the Privacy Act of 1974, as amended, to the extent specified in 5 U.S.C. 552a(m) and to applicable Federal and State laws and regulations pertaining to debt collection practices, such as the Fair Debt Collection Practices Act, 15 U.S.C. 1692; (3) The contractor is required to strictly account for all amounts collected; (4) The contractor must agree that uncollectible accounts shall be returned with appropriate documentation to enable Peace Corps to determine whether to pursue collection through litigation or to terminate collection; (5) The contractor must agree to provide any data in its files relating to paragraphs (a) (1), (2) and (3) of section 105.2 of the Federal Claims Collection Standards upon returning the account to Peace Corps for subsequent referral to the Department of Justice for litigation. (c) Peace Corps will not use a collection agency to collect a debt owed by a current employed or retired Federal employee, if collection by salary or annuity offset is available.
Title 22: Foreign Relations
PART 309—CLAIMS COLLECTION
Subpart E—Use of Consumer Reporting Agencies and Referrals to Collection Agencies
§ 309.40 Use of consumer reporting agencies.
§ 309.41 Referrals to collection agencies.
