44 C.F.R. § 11.52 Referral of delinquent debtors to consumer reporting agencies.
Title 44 - Emergency Management and Assistance
(a) General. This section implements 31 U.S.C. 3711(f) concerning reporting of debtors having overdue debts to consumer reporting agencies. (b) Procedures. When a debt is unpaid for 120 days after the initial demand letter has been sent and where the debtor has not repaid the amount due nor has the debtor entered into an agreement for repayment satisfactory to the ACO or his designee, or the debt is not subject to administrative offset (as described in §11.43), the ACO may report the claim to consumer reporting agencies if: (1) The Agency Collections Officer or his designee has determined that the debt is overdue, (2) Notice has been sent certified mail, return receipt requested, to debtor informing him that: (i) Payment of the debt is overdue, (ii) The Agency intends to disclose the debtor's debt records to a consumer reporting agency within a stated period, not less than 60 days after the mailing of such debt, (iii) Specified items of information being released shall be listed in the notice. Such items will normally include the debtor's name, taxpayer account number, last known address, other information necessary to establish the identity of the individual, the nature, amount and status of the outstanding claim, and programs under which the claim arose, and (iv) The debtor has a right to a full explanation of the debt, to dispute any information in the records concerning the debt, and to have an administrative review. If the debtor petitions for administrative review, then no further action on referring debtor information to consumer reporting agencies shall be undertaken until the administrative review is completed. (c) Administrative review. The debtor shall send with his petition arguments in writing and documentary evidence to the Agency Collection Officer, Office of Financial Management, Federal Emergency Management Agency, Washington, DC 20472. These shall be reviewed by the ACO or an official designated by him. The reviewing official shall prepare a reply, within 60 days after receipt of the petition, either accepting the debtor's assertions in whole or is part or rejecting them. If the debtor's assertions are rejected in whole or in part, then the debt data, described in paragraph (b)(2)(iii) of this section (with correction made as indicated by the reviewing official) shall be sent to consumer reporting agencies. (d) Information released. Information released to consumer reporting agencies shall be limited to the following items: (1) Name of debtor, address, taxpayer identification number, and other information necessary to establish the identity of the debtor, (2) Amount, status and history of the debt and (3) Program under which the debt arose. [49 FR 38267, Sept. 28, 1984, as amended at 57 FR 54715, Nov. 20, 1992]
Title 44: Emergency Management and Assistance
PART 11—CLAIMS
Subpart C—Collection of Debts by the Government Under the Debt Collection Act of 1982
§ 11.52 Referral of delinquent debtors to consumer reporting agencies.
