[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR11.34]

[Page 116-117]
 
              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. 11.34  Referral of debts to the Chief Financial Officer, Federal 
Emergency Management Agency.

    (a) Authority of the Chief Financial Officer (CFO), Federal 
Emergency Management Agency.
    (1) The Chief Financial Officer, Federal Emergency Management 
Agency, is designated as the Agency Collections Officer (ACO). In this 
capacity he or she shall exercise such powers and perform duties of the 
Director in collecting debts owed FEMA. In this regard, the ACO may, 
after consultation with the Office of the General Counsel, compromise, 
suspend or terminate collection action on the debts owed the Agency, not 
exceeding $100,000, or such higher limit prescribed by the Attorney 
General in accordance with 31 U.S.C. 3711(a)(2), exclusive of interest,

[[Page 117]]

except as provided in Sec. 11.35 and paragraph (b) of this section. In 
addition, the CFO is delegated all authority which may be exercised by 
the Director, Federal Emergency Management Agency in relation to:
    (i) Disclosure to a consumer reporting agency in accordance with 31 
U.S.C. 3711(f),
    (ii) Instituting salary offset procedures in accordance with 5 
U.S.C. 5514(a),
    (iii) Instituting administrative offset procedures in accordance 
with 31 U.S.C. 3716,
    (iv) Charging of interest and penalties in accordance with 31 U.S.C. 
3717,
    (v) Entering into contracts for collection of debts in accordance 
with 31 U.S.C. 3718, except that the execution and administration of 
such contracts is delegated to Federal Emergency Management Agency 
contracting officers appointed under provisions of 48 CFR 1.603-3,
    (vi) Prescribe debt collection procedures and manage debt collection 
activities within the Agency.
    (2) When initial attempts at collection by the office originating 
such debt have not been fully successful, the debt file shall be 
forwarded to the ACO for further administrative collection procedures. 
Debts shall be referred to the ACO well within the applicable statute of 
limitations (28 U.S.C. 2415 and 2416).
    (b) Exclusions. There shall be no compromised or terminated 
collection action with respect to any debt: (1) As to which there is an 
indication of fraud, the presentation of a false claim, or 
misrepresentation on the part of the debtor or any other party having an 
interest in the claim; (2) based in whole or in part on conduct in 
violation of the anti-trust laws; (3) based on tax statutes; or (4) 
arising from an exception made by the General Accounting Office in the 
account of an accountable officer. Such a debt shall be promptly 
referred to the Justice Department, or GAO, as appropriate, after ACO 
has consulted with the Inspector General and the Office of General 
Counsel.
    (c) Delegation. The ACO may delegate his or her authority in the 
FEMA debt collection program and under this subpart to a Deputy or to 
others in the FEMA Office of Financial Management. However, the ACO must 
personally approve any compromise, suspension or termination of 
collection efforts on debts exceeding $10,000.00.

[49 FR 38267, Sept. 28, 1984, as amended at 50 FR 40007, Oct. 1, 1985; 
53 FR 47211, Nov. 22, 1988; 57 FR 54714, Nov. 20, 1992]