[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1261.408]



[Page 344-345]

 

                     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



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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.