31 U.S.C. § 7701 — Taxpayer identifying number
submitted 32 years ago by Pub. L. 103-272 to r/title-31-MONEY-AND-FINANCE · 471 words · no verdicts yet
This law requires certain people to give federal agencies their taxpayer identifying number. That includes loan applicants and anyone doing business with an agency, such as contractors. Agencies can also match debtor records with health and labor data to find people who owe money.
(a) This section defines two terms. (1) "Included Federal loan program" means the same thing it means in section 6103(l)(3)(C) of the Internal Revenue Code of 1986. (2) "Taxpayer identifying number" means the identifying number required under section 6109 of the Internal Revenue Code of 1986.
(b) The head of any agency that administers an included Federal loan program must require a person applying for a loan under that program to provide that person's taxpayer identifying number.
(c) (1) The head of each federal agency must require each person doing business with that agency to give the agency that person's taxpayer identifying number.
(2) For this purpose, a person counts as doing business with a federal agency if the person is: (A) a lender or servicer in a federally guaranteed or insured loan program the agency administers; (B) an applicant for, or recipient of, a federal license, permit, right-of-way, grant, or benefit payment the agency administers, or insurance the agency administers; (C) a contractor of the agency; (D) assessed a fine, fee, royalty, or penalty by the agency; or (E) in a relationship with the agency that may create a debt (a "receivable") owed to the agency — for example, a partner of a borrower in, or a guarantor of, a federal direct or insured loan the agency administers.
(3) Each agency must disclose to a person required to give a taxpayer identifying number under this subsection that the agency intends to use that number to collect and report on any overdue amounts arising from that person's relationship with the government.
(4) A person is not treated as doing business with a federal agency solely because they are a debtor under a third-party claim of the United States. But this exception does not apply to a debtor who owes money from petroleum pricing violations, or from a federal loan or loan guarantee or insurance program — those debtors are still treated as doing business with the agency.
(d) Even though section 552a(b) of title 5 normally limits this, creditor agencies that are owed a delinquent claim, and their agents, may match their debtor records against records held by the Department of Health and Human Services and the Department of Labor. This can get them names (including employee names), name controls, employer names, taxpayer identifying numbers, addresses (including employer addresses), and dates of birth. Sharing taxpayer identifying numbers this way is allowed only if section 6103 of the Internal Revenue Code of 1986 does not otherwise prohibit it. The Department of Health and Human Services and the Department of Labor must release this information to creditor agencies, and may charge fees reasonable enough to cover the cost of doing so.
In this section—
“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)).
“taxpayer identifying number” means the identifying number required under section 6109 of the Internal Revenue Code of 1986 (26 U.S.C. 6109).
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.
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.
For purposes of this subsection, a person shall be considered to be doing business with a Federal agency if the person is—
a lender or servicer in a Federal guaranteed or insured loan program administered by the agency;
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;
a contractor of the agency;
assessed a fine, fee, royalty or penalty by the agency; and
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.
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.
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.
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 credit: (Added Pub. L. 103–272, § 4(f)(1)(Y)(i), July 5, 1994, 108 Stat. 1363; amended Pub. L. 104–134, title III, § 31001(i)(1), Apr. 26, 1996, 110 Stat. 1321–364.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1363
- 1996Amended · Pub. L. 104-134 · 110 Stat. 1321
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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