[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1261.408]

[Page 349-350]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1261--PROCESSING OF MONETARY CLAIMS (GENERAL)--Table of Contents
 
Subpart 1261.4--Collection of Civil Claims of the United States Arising 
      Out of the Activities of the National Aeronautics and Space 
                          Administration (NASA)
 
Sec. 1261.408  Use of consumer reporting agency.

    (a) The term consumer reporting agency has the meaning provided in 
the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 
3701(a)(3)):
    (1) A consumer reporting agency as that term is defined in section 
603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f); or
    (2) A person that, for money or on a cooperative basis, regularly--
    (i) Gets information on consumers to give the information to a 
consumer reporting agency; or
    (ii) Serves as a marketing agent under an arrangement allowing a 
third party to get the information from a consumer reporting agency.
    (b) NASA Headquarters Financial Management Division, shall be the 
focal contact between NASA and consumer reporting agencies. The 
following procedures shall apply when such agencies are employed by 
NASA:
    (1) After the appropriate notice pursuant to 5 U.S.C. 552a(e)(4) has 
been published, NASA may disclose, in accordance with 5 U.S.C. 
552a(b)(12), information about a debtor to a consumer reporting agency. 
Such information may include:
    (i) That a claim has been determined to be valid and is overdue 
(including violation by debtor of a repayment plan or other claim 
settlement agreement);
    (ii) The name, address, taxpayer identification number, and any 
other information necessary to establish the identity of the individual 
responsible for the claim;
    (iii) Amount, status, and history of the claim;
    (iv) Program or pertinent activity under which the claim arose.
    (2) Before disclosing the information specified in paragraph (b)(1) 
of this section, NASA shall comply with 31 U.S.C. 3711(f) by:
    (i) Taking reasonable action to locate the individual if a current 
address is not available;
    (ii) If a current address is available, noticing the individual by 
certified mail, return receipt requested, that: The designated NASA 
official has reviewed the claim and determined that it is valid and 
overdue; within not less than 60 days after sending this notice, NASA 
intends to disclose to a consumer reporting agency the specific 
information to be disclosed under paragraph (b)(1) of this section; the 
individual may request a complete explanation of the claim, dispute the 
information in the records of NASA about the claim, and file for an 
administrative review or repeal of the claim or for reconsideration of 
the initial decision on the claim.
    (3) If an administrative review or reconsideration is requested, the 
responsible official or designee shall refer the request to the 
appropriate NASA legal

[[Page 350]]

counsel for an impartial review and determination by counsel or designee 
based on the entire written record. If the reviewer cannot resolve the 
question of indebtedness based upon the available documentary evidence, 
verified written statements by the debtor or the responsible official 
may be requested on any pertinent matter not addressed by the available 
record.
    (c) If the information is to be submitted to a consumer reporting 
agency, the responsible official shall obtain a verified statement from 
such agency which gives satisfactory assurances that the particular 
agency is complying with all laws of the United States related to 
providing consumer credit information; and thereafter ensure that the 
consumer reporting agency is promptly informed of any substantial change 
in the condition or amount of the claim, or, on request of such agency, 
promptly verify or correct information about the claim.