[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: 44CFR11.55]

[Page 128]
 
              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. 11.55  Referral to GAO or Justice Department.

    (a) Referral to the Department of Justice. With the exception of 
debts described in paragraph (b), of this section, those debts which 
cannot be collected or compromised or terminated in accordance with 3 
CFR parts 103 and 104 and Sec.Sec. 11.50 and 11.51, shall be referred to 
the Department of Justice for collection action. All such referrals 
shall be done by the ACO, who shall consult with the FEMA Office of 
General Counsel. The referral shall be accompanied by a copy of the 
complete debt collection file. In addition, the following information 
shall be provided:
    (1) Current address of debtor. Effort shall be made to locate the 
debtor if he is missing. If the debtor is a corporation, then the name 
and address of the agent upon whom service of process may be made, shall 
be provided.
    (2) Credit data which may be in the form of a credit report or a 
statement, under oath, of the debtor's assets and liabilities.
    (3) History of prior collection actions.
    (4) Data required by the GAO Claims Collection Litigation Report 
form. If the debt is less than $600, exclusive of interest, then 
referral shall not be made to the Department of Justice, except in 
unusual cases.
    (b) Referral to the General Accounting Office. Debts arising from 
audits exceptions taken by the General Accounting Office (GAO) shall be 
referred to GAO before referring such debts to the Department of 
Justice. If the merits of the debt or the propriety of a proposed 
compromise, suspension or termination are in doubt, then the matter 
should be referred to GAO prior to referral to the Department of 
Justice.
    (c) Prompt referral. Such referrals shall be made as early as 
possible consistent with aggressive collection action, and, in any 
event, well within the statute of limitation for bringing suit against 
the debtor. Ordinarily, debt collection referrals will be made to the 
Department of Justice within six months after FEMA has determined that a 
debt is owing in an amount certain.