[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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, 

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



[[Page 117]]



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]