
[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Katrina and Rita are hereby withdrawn.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correspondence regarding recoupment, are hereby withdrawn.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]

BILLING CODE 9110-10-P
