[Federal Register: September 5, 2008 (Volume 73, Number 173)]
[Notices]
[Page 51831-51832]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se08-62]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
Collection of Overpayments
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice.
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SUMMARY: This document provides notice that the Federal Emergency
Management Agency (FEMA) has terminated the current procedures for the
recoupment of overpayments of disaster assistance made pursuant to
Section 408 of the Stafford Act, in connection with Hurricanes Katrina
and Rita. Recoupment notices previously
[[Page 51832]]
sent to individual disaster applicants in connection with Hurricanes
Katrina and Rita are hereby withdrawn. FEMA will institute new
recoupment proceedings where warranted on an individual basis pursuant
to the procedures established by regulation for the administrative
collection of debts.
FOR FURTHER INFORMATION CONTACT: John Quintanilla, Federal Emergency
Management Agency, Department of Homeland Security, Virginia National
Processing Services Center, P.O. Box 2297, Winchester, VA 22604,
telephone (540) 686-3603 (this is not a toll-free number). Individuals
with speech or hearing impairments may access this number through TTY
by calling the toll-free Federal Information Relay Service at 800-877-
8339.
Notice: FEMA provided financial disaster assistance to individuals
in connection with Hurricanes Katrina and Rita pursuant to Section 408
of the Stafford Act, 42 U.S.C. 5174. Some individual disaster
applicants received assistance for which they were not eligible, or
received amounts of assistance greater than that for which they were
eligible. In many of those instances, FEMA instituted recoupment
proceedings to recover those overpayments.
FEMA hereby provides notice that the recoupment of overpayments of
such disaster assistance conducted pursuant to the former procedures
governing recoupment, including those set forth at 44 CFR part 11, are
permanently terminated. Pursuant to this determination, all recoupment
notices previously sent to individual disaster applicants in connection
with Hurricanes Katrina and Rita, as well as any subsequent
correspondence regarding recoupment, are hereby withdrawn. This notice
does not cancel valid debts of disaster applicants from Hurricanes
Katrina and Rita; it terminates the former procedures under which FEMA
recouped such debts.
FEMA will reexamine de novo the files of individual disaster
applicants for evidence of overpayment. In instances where FEMA
determines that recoupment is still warranted based on such review,
FEMA will institute new recoupment proceedings pursuant to the
procedures set forth at 6 CFR part 11 (adopting general procedures for
administrative collection of debts set forth at 31 CFR parts 900-904),
and will transmit new recoupment notices explaining the rights and
obligations of persons who are determined to have received
overpayments.
Individuals otherwise covered by this Notice who have previously
entered into negotiated or voluntary payment plans with FEMA may
continue to make payments under such plans, or may elect to stop making
payments. In either event, consistent with its generally applicable
policy, FEMA will reexamine de novo such individuals' files and, where
appropriate, institute new recoupment proceedings as to any remaining
debt balances pursuant to the procedures set forth at 6 CFR part 11.
Authority
Legal authority for recoupment is the Debt Collection Act of 1982
and the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 et seq.
Dated: August 29, 2008..
R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-20587 Filed 9-4-08; 8:45 am]
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