(a) As authorized by law, each Department of Labor agency may report
all delinquent consumer debts to consumer credit reporting agencies and
may also report all commercial debts to appropriate commercial credit
reporting agencies.
(b) Information provided to a consumer credit reporting agency on
delinquent consumer debts from a system of records subject to the
Privacy Act of 1974, 5 U.S.C. 552a, must be maintained by the Department
of Labor in accordance with that Act, except as otherwise modified by
law. Furthermore, no disclosure may be made until the appropriate notice
of system of records has been amended in accordance with 5 U.S.C.
552a(e)(11).
(c) The Chief Financial Officer, or his or her designee, shall have
the responsibility for obtaining satisfactory assurances from each
credit reporting agency to which information will be provided,
concerning compliance by the credit reporting agency with the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.) and any other Federal law
governing the provision of credit information.
(d) The information disclosed to the credit reporting agency is
limited to: (1) The name, address, taxpayer identification number, and
other information necessary to establish the identity of the individual,
(2) the amount, status, and history of the claim, and (3) the Department
of Labor agency or program under which the claim arose.
(e) The agency official providing information to a credit reporting
agency: (1) Shall promptly disclose to each credit reporting agency to
which the original disclosure was made, any substantial change in the
status or amount of the claim; and (2) shall within 30 days whenever
feasible, or otherwise promptly verify or correct, as appropriate,
information concerning the claim upon the request of any such credit
reporting agency for verification of any or all information so
disclosed.
(f) Each Department of Labor agency is responsible for ensuring the
continued accuracy of calculations and records relating to its claims,
and for the prompt notification to the credit reporting agency of any
substantial change in the status or amount of the claim. The agencies
shall promptly follow-up on any allegation made by a debtor that the
records of the agency concerning a claim are in error. Agencies should
respond promptly to communications from the debtor, within 30 days
whenever feasible.
(g) The agency official responsible for providing information to a
consumer credit reporting agency shall take reasonable action to locate
the individual owing the debt prior to disclosing any information to a
consumer credit reporting agency.
