[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1450.16]

[Page 83]
 
                             TITLE 29--LABOR
 
                        AND CONCILIATION SERVICE
 
PART 1450_COLLECTIONS OF CLAIMS OWED THE UNITED STATES--Table of Contents
 
Subpart B_Administrative Offset_Consumer Reporting Agencies_Contracting 
                             for Collection
 
Sec. 1450.16  Use of consumer reporting agencies.

    (a) The term individual means a natural person, and the term 
``consumer reporting agency'' has the meaning provided in the Federal 
Claims Collection Act, as amended, at 31 U.S.C. 3701(a)(3) or the Fair 
Credit Reporting Act, at 15 U.S.C. 1681a(f).
    (b) FMCS may disclose to a consumer reporting agency, from a system 
of records, information that an individual is responsible for a claim 
if--
    (1) Notice required by section 5 U.S.C. 552(a)(e)(4) indicates that 
information in the system may be disclosed to a consumer reporting 
agency;
    (2) The claim has been reviewed and it is decided that the claim is 
valid and overdue;
    (3) FMCS has notified the individual in writing--
    (i) That payment of the claim is overdue;
    (ii) That, within not less than 60 days after sending the notice, 
FMCS intends to disclose to a consumer reporting agency that the 
individual is responsible for that claim;
    (iii) Of the specific information to be disclosed to the consumer 
reporting agency; and
    (iv) Of the rights the individual has to a complete explanation of 
the claim, to dispute information in the records of the agency about the 
claim, and to administrative appeal or review of the claim; and
    (4) The individual has not--
    (i) Repaid or agreed to repay the claim under a written repayment 
plan that the individual has signed and the agency has agreed to; or
    (ii) Filed for review of the claim under paragraph (g) of this 
section;
    (c) FMCS will also--(1) Disclose promptly, to each consumer 
reporting agency to which the original disclosure was made, a 
substantial change in the condition or amount of the claim;
    (2) Verify or correct promptly information about the claim, on 
request of a consumer reporting agency for verification of information 
disclosed; and
    (3) Get satisfactory assurances from each consumer reporting agency 
that they are complying with all laws of the United States related to 
providing consumer credit information; and assure that
    (d) The information disclosed to the consumer reporting agency is 
limited to (1) Information necessary to establish the identity of the 
individual, including name, address, and taxpayer identification number;
    (2) The amount, status, and history of the claim; and
    (3) The agency or program under which the claim arose.
    (e) All accounts in excess of $100 that have been delinquent more 
than 31 days will normally be referred to a consumer reporting agency.
    (f) Before disclosing information to a consumer reporting agency 
FMCS shall take reasonable action to locate an individual for whom the 
head of the agency does not have a current address to send the notice.
    (g) Before disclosing information to a consumer reporting agency 
FMCS shall provide, on request of an individual alleged by the agency to 
be responsible for the claim, a review of the obligation of the 
individual including an opportunity for reconsideration of the initial 
decision on the claim.
    (h) Under the same provisions as described above in this section, 
FMCS may disclose to a credit reporting agency, information relating to 
a debtor other than a natural person. Such commercial debt accounts are 
not covered, however, by the Privacy Act.