[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR11.54]



[Page 127-128]

 

              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.  11.54  Contracts with debt collection agencies.



    (a) General. FEMA shall utilize mandatory, government-wide debt 

collection agency contracts negotiated by the General Services 

Administration or the Department of the Treasury to effect collection of 

debts owed FEMA.

    (b) Debt collection contract provisions. Contracts entered into 

under authority of this section shall have provisions relating to:

    (1) Protection of data relating to individuals which shall not be 

less than that provided under the terms of the Privacy Act (5 U.S.C. 

552a).

    (2) Protection of data derived from Department of the Treasury 

taxpayer identity information files shall in accordance with 26 U.S.C. 

6103(p)(4) and 26 CFR parts 301 and 601.

    (3) Authority to terminate collection action, settle or compromise 

claims shall remain with the Director of the Agency or the ACO rather 

than with the Contracting Officer.

    (4) Resolution of disputes relating to the claim shall remain with 

the ACO or the Agency Director. Resolution of disputes arising under the 

contract or with the contractor shall remain with the Agency Contracting 

Officer who shall handle such disputes in accordance with the Contract 

Disputes Act (Pub. L. 95-563).

    (5) Judicial enforcement of the claim shall be handled by the U.S. 

Department of Justice.



[[Page 128]]



    (6) The contractor shall adhere to Federal and State laws and 

regulations pertaining to debt collection practices including the Fair 

Debt Collection Practices Act (15 U.S.C. 1692 et seq.)

    (7) Contracts, entered into under provisions of this section, shall 

be subject to competition to the maximum practicable extent.

    (8) The contractor shall be required to strictly account for all 

amounts collected.

    (c) Collection fees. Contracts entered into under this section may 

provide that fees payable to the contractor may be paid only from the 

amounts collected from the debtor as determined by the Contracting 

Officer. However, such contracts shall be funded only from funds 

available for the time period in which the contract is executed.



(Approved by the Office of Management and Budget under control number 

3067-0122)



[49 FR 38267, Sept. 28, 1984; 50 FR 40007, Oct. 1, 1985; 50 FR 42023, 

Oct. 17, 1985; 51 FR 34605, Sept. 30, 1986; 53 FR 47212, Nov. 22, 1988]