[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR11.52]

[Page 126-127]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 11_CLAIMS--Table of Contents
 
     Subpart C_Collection of Debts by the Government Under the Debt 
                         Collection Act of 1982
 
Sec. 11.52  Referral of delinquent debtors to consumer reporting agencies.

    (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 Sec. 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

[[Page 127]]

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]