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31 USC CHAPTER 77 - ACCESS TO INFORMATION FOR DEBT

COLLECTION 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 77 - ACCESS TO INFORMATION FOR DEBT COLLECTION

-HEAD-

CHAPTER 77 - ACCESS TO INFORMATION FOR DEBT COLLECTION

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Sec.

7701. Taxpayer identifying number.

AMENDMENTS

1996 - Pub. L. 104-134, title III, Sec. 31001(i)(3)(A), Apr. 26,

1996, 110 Stat. 1321-365, which directed that the chapter title to

chapter 77 of subtitle VI of this title be amended by substituting

"ACCESS TO INFORMATION FOR DEBT COLLECTION" for "LOAN

REQUIREMENTS", was executed by making the substitution in the

chapter title of chapter 77 of subtitle V of this title, to reflect

the probable intent of Congress.

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31 USC Sec. 7701 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 77 - ACCESS TO INFORMATION FOR DEBT COLLECTION

-HEAD-

Sec. 7701. Taxpayer identifying number

-STATUTE-

(a) In this section -

(1) "included Federal loan program" has the same meaning given

that term in section 6103(l)(3)(C) of the Internal Revenue Code

of 1986 (26 U.S.C. 6103(l)(3)(C)).

(2) "taxpayer identifying number" means the identifying number

required under section 6109 of the Internal Revenue Code of 1986

(26 U.S.C. 6109).

(b) The head of an agency administering an included Federal loan

program shall require a person applying for a loan under the

program to provide that person's taxpayer identifying number.

(c)(1) The head of each Federal agency shall require each person

doing business with that agency to furnish to that agency such

person's taxpayer identifying number.

(2) For purposes of this subsection, a person shall be considered

to be doing business with a Federal agency if the person is -

(A) a lender or servicer in a Federal guaranteed or insured

loan program administered by the agency;

(B) an applicant for, or recipient of, a Federal license,

permit, right-of-way, grant, or benefit payment administered by

the agency or insurance administered by the agency;

(C) a contractor of the agency;

(D) assessed a fine, fee, royalty or penalty by the agency; and

(E) in a relationship with the agency that may give rise to a

receivable due to that agency, such as a partner of a borrower in

or a guarantor of a Federal direct or insured loan administered

by the agency.

(3) Each agency shall disclose to a person required to furnish a

taxpayer identifying number under this subsection its intent to use

such number for purposes of collecting and reporting on any

delinquent amounts arising out of such person's relationship with

the Government.

(4) For purposes of this subsection, a person shall not be

treated as doing business with a Federal agency solely by reason of

being a debtor under third party claims of the United States. The

preceding sentence shall not apply to a debtor owing claims

resulting from petroleum pricing violations or owing claims

resulting from Federal loan or loan guarantee/insurance programs.

(d) Notwithstanding section 552a(b) of title 5, United States

Code, creditor agencies to which a delinquent claim is owed, and

their agents, may match their debtor records with Department of

Health and Human Services, and Department of Labor records to

obtain names (including names of employees), name controls, names

of employers, taxpayer identifying numbers, addresses (including

addresses of employers), and dates of birth. The preceding sentence

shall apply to the disclosure of taxpayer identifying numbers only

if such disclosure is not otherwise prohibited by section 6103 of

the Internal Revenue Code of 1986. The Department of Health and

Human Services, and the Department of Labor shall release that

information to creditor agencies and may charge reasonable fees

sufficient to pay the costs associated with that release.

-SOURCE-

(Added Pub. L. 103-272, Sec. 4(f)(1)(Y)(i), July 5, 1994, 108 Stat.

1363; amended Pub. L. 104-134, title III, Sec. 31001(i)(1), Apr.

26, 1996, 110 Stat. 1321-364.)

-REFTEXT-

REFERENCES IN TEXT

Section 6103 of the Internal Revenue Code of 1986, referred to in

subsecs. (a)(1) and (d), is classified to section 6103 of Title 26,

Internal Revenue Code.

-MISC1-

AMENDMENTS

1996 - Subsecs. (c), (d). Pub. L. 104-134 added subsecs. (c) and

(d).

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31 USC SUBTITLE VI - MISCELLANEOUS 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

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SUBTITLE VI - MISCELLANEOUS

-MISC1-

Chap. Sec.

91. Government Corporations 9101

93. Sureties and Surety Bonds 9301

95. Government Pension Plan Protection 9501

97. Miscellaneous 9701

AMENDMENTS

1996 - Pub. L. 104-134, title III, Sec. 31001(i)(3)(B), Apr. 26,

1996, 110 Stat. 1321-365, which directed that the table of chapters

for subtitle VI of this title be amended by inserting a new item

for chapter 77 "Access to information for debt collection" before

the item for chapter 91, was executed to the table of chapters for

subtitle V of this title by substituting "Access to information for

debt collection" for "Loan Requirements" in item for chapter 77, to

reflect the probable intent of Congress.

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