[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR17.76]



[Page 218]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 17_ADMINISTRATIVE CLAIMS--Table of Contents

 

   Subpart C_Procedures for the Collection of Claims by the Government

 

Sec.  17.76  Disclosure to a consumer reporting agency.



    (a) Definition. For purposes of this section, individual means a 

natural person.

    (b) Conditions for disclosure. The Secretary may disclose to a 

Consumer Reporting Agency information from a system of records to the 

effect that an individual is responsible for a debt. Before doing so, 

the Secretary will ensure that:

    (1) The notice for the system of records required by the Privacy Act 

of 1974 (5 U.S.C. 552a(e)(4)) indicates that the information in the 

system may be disclosed to a Consumer Reporting Agency;

    (2) There has been Departmental review of the debt and a 

determination that the debt is valid and overdue;

    (3) There has been written notice sent to the individual informing 

the individual:

    (i) That payment of the debt is overdue;

    (ii) That the Department intends to disclose to a Consumer Reporting 

Agency, within not less than 60 days after sending the notice, that the 

individual is responsible for the debt;

    (iii) Of the specific information intended to be disclosed to the 

Consumer Reporting Agency; and

    (iv) Of the rights of the individual to a full explanation of the 

debt, to dispute any information in the records of the Department 

concerning the debt, as determined by the Secretary, and to 

administrative appeal or review with respect to the debt; and

    (4) The individual has neither repaid or agreed to repay the debt 

under a written repayment plan signed by the individual and agreed to by 

the Secretary nor has filed for review of the claim under paragraph (c) 

of this section.

    (c) Limitations on disclosure. The Secretary may not disclose 

information to a Consumer Reporting Agency unless the Department has:

    (1) Obtained satisfactory assurances from each Consumer Reporting 

Agency that the agency is complying with the Fair Credit Reporting Act 

(15 U.S.C. 1681) and any other Federal laws governing the provision of 

consumer credit information;

    (2) Provided, upon request by the individual alleged to be 

responsible for the claim, the opportunity to review the claim, 

including an opportunity for reconsideration of the initial decision on 

the claim; and

    (3) Taken reasonable action to locate an individual for whom the 

Secretary does not have a current address to send a notice under 

paragraph (b)(3) of this section.

    (d) Additional responsibilities of the Department. In providing 

information to a Consumer Reporting Agency, the Department will only 

disclose:

    (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 program under which the claim arose.



In all cases, the Department will notify each Consumer Reporting Agency 

to which the original disclosure was made of any substantial change in 

the condition or amount of the claim. This includes promptly correcting 

or verifying information about the claim requested by the Consumer 

Reporting Agency.



[49 FR 32350, Aug. 14, 1984]