[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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]