[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR34.8]

[Page 122-123]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 34_DEBT COLLECTION--Table of Contents
 
                      Subpart B_Collection Actions
 
Sec.  34.8  Notice and demand for payment.


    (a) STATE shall promptly hand deliver or send by first-class mail to 
the debtor at the debtor's most current address in the records of STATE 
at least one written notice. Written demand under this subpart may be 
preceded by other appropriate actions under this part and or the FCCS, 
including but not limited to actions taken under the procedures 
applicable to administrative offset, including salary offset.
    (b) The written notice shall inform the debtor of:
    (1) The basis of the debt;
    (2) The amount of the debt;
    (3) The date by which payment should be made to avoid the imposition 
of interest, penalties and administrative costs, and the enforced 
collection actions described in paragraph (b)(7) of this section;
    (4) The applicable standards for imposing of interest, penalties and 
administrative costs to delinquent debts;
    (5) STATE's readiness to discuss alternative payment arrangements 
and how the debtor may offer to enter into a written agreement to repay 
the debt under terms acceptable to STATE;
    (6) The name, address and telephone number of a contact person or 
office within STATE;

[[Page 123]]

    (7) STATE's intention to enforce collection by taking one or more of 
the following actions if the debtor fails to pay or otherwise resolve 
the debt:
    (i) Offset from Federal payments otherwise due to the debtor, 
including income tax refunds, salary, certain benefit payments, 
retirement, vendor payments, travel reimbursement and advances, and 
other Federal payments due from STATE, other Federal agencies, or 
through centralized disbursing from the Department of the Treasury;
    (ii) Referral to private collection agency
    (iii) Report to credit bureaus
    (iv) Administrative Wage Garnishment
    (v) Litigation by the Department of Justice
    (vi) Referral to the Financial Management Service of the Department 
of the Treasury for collection
    (vii) Liquidation of collateral
    (viii) Other actions as permitted by the FCCS and applicable law;
    (8) The debtor's right to inspect and copy records related to the 
debt;
    (9) The debtor's right to an internal review of STATE's 
determination that the debtor owes a debt or the amount of the debt;
    (10) The debtor's right, if any, to request waiver of collection of 
certain debts, as applicable (see Sec.  34.18);
    (11) Requirement that the debtor advise STATE of any bankruptcy 
proceeding of the debtor; and
    (12) Provision for refund of amounts collected if later decision 
finds that the amount of the debt is not owed or is waived.
    (c) Exceptions to notice requirements. STATE may omit from a notice 
to a debtor one or more of the provisions contained in paragraphs (b)(7) 
through (b)(12) of this section if STATE determines that any provision 
is not legally required given the collection remedies to be applied to a 
particular debt, or which have already been provided by prior notice, 
applicable agreement, or contract.