[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: 44CFR11.55]



[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.