[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]
[Notices]
[Pages 5941-5942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2252]



-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration


Revised Redelegations of Authorities for Disposition of 
Supplemental Security Income Overpayments

    Section 1631(b) of the Social Security Act (the Act), provides the 
Secretary of Health and Human Services (the Secretary) with authority 
to approve or deny waiver of adjustment or recovery of those 
Supplemental Security Income (SSI) benefit payments made under the 
provision of title XVI of the Act found to be incorrect. This applies 
to situations where the overpaid individual is without fault and 
recovery of the overpayment would defeat the purposes of title XVI, or 
would be against equity and good conscience, or would, because of the 
small amount involved, impede efficient or effective administration of 
title XVI. The Secretary has delegated her authority under section 
1631(b) of the Act to the Commissioner of Social Security (the 
Commissioner), with authority to redelegate (38 FR 15648, dated June 
14, 1973).
    Under 31 U.S.C. 3711, the Secretary, or her designee, is authorized 
to compromise, suspend or terminate collection action on certain debts 
owned to the Department of Health and Human Services (HHS). To take 
such action, appropriate HHS regulations must be promulgated in 
accordance with standards provided in Joint Regulations of the 
Department of Justice (DOJ) and the General Accounting Office (4 CFR 
parts 101-105). Such regulations for HHS are published in the Code of 
Federal Regulations at 45 CFR Part 30. The Secretary's authority is 
restricted to those debt claims which involve compromise, suspension or 
termination of collection action regarding amounts of $100,000 or less, 
exclusive of interest. In addition, the Secretary's authority does not 
apply to cases involving fraud, presentation of a false claim, 
misrepresentation on the part of the debtor or any other party having 
an interest in the claim, or conduct in violation of antitrust laws.
    Claims which cannot be collected, suspended, compromised or 
terminated, or which amount to more than $100,000, exclusive of 
interest, are referred to DOJ for disposition. Cases involving fraud, 
false claims, misrepresentation, or violation of antitrust laws are 
also handled by DOJ.
    The Secretary has delegated her authority under 31 U.S.C. 3711 to 
the Commissioner, with authority to redelegate (33 FR 5836 and 5843, 
dated April 16, 1968), insofar as that authority relates to the mission 
of the Social Security Administration (SSA).
    The above authorities to approve or deny waiver of adjustment or 
recovery of SSI overpayments, and to compromise, suspend or terminate 
collection action on these overpayments, were redelegated by the 
Commissioner to other SSA positions on November 29, 1988. These 
redelegations were effective upon publication in the Federal Register, 
which occurred on December 14, 1988 (53 FR 50300-50301). Notice is 
hereby given that the Commissioner has approved revised redelegations 
of these authorities, as follows:

Authorities

    1. Authority to approve or deny waiver of adjustment or recovery of 
incorrect SSI benefit payments, under section 1631(b) of the Act.
    2. Authority to compromise, suspend or terminate collection action 
on debts owed to SSA as a result of SSI overpayments.

                                                                        
[[Page 5942]]                                                           
------------------------------------------------------------------------
                 Delegates                       Scope of authority     
------------------------------------------------------------------------
a. Deputy Commissioner for Operations.      a.-i. The incumbents of     
b. Deputy Commissioner for Programs.         these positions may        
c. Associate Commissioner and Deputy         exercise authorities 1. and
 Associate Commissioner for Retirement and   2. on SSI overpayment cases
 Survivors Insurance and Supplemental        within the jurisdiction of 
 Security Income Policy.                     their respective           
d. Regional Commissioners and Deputy         components, to the extent  
 Regional Commissioners.                     permitted by their         
e. Assistant Regional Commissioners and      particular functional      
 Deputy Assistant Regional Commissioners     responsibilities, as       
 for Program Operations and Systems.         specified in their position
f. District Managers, Assistant District     descriptions or other      
 Managers, Branch Managers, Resident         pertinent issuances.       
 Representatives, Operations Supervisors,                               
 Claims Representatives, Field                                          
 Representatives, Service Representatives                               
 and Service Representative/Data Review                                 
 Technicians.                                                           
g. Teleservice Representatives in                                       
 Teleservice Centers.                                                   
h. Debt Specialists and Chiefs, Debt                                    
 Management Sections, Program Service                                   
 Centers.                                                               
i. All positions in the direct line of                                  
 management above the positions specified                               
 in items f., g. and h. above.                                          
------------------------------------------------------------------------

Conditions

    (1) Further redelegations are not authorized.
    (2) These redelegations do not apply to the handling of any debt 
claim where there is an indication of fraud, the presentation of a 
false claim, misrepresentation on the part of the debtor or any other 
party having an interest in the claim, or conduct in violation of 
antitrust laws. Such cases are handled by DOJ.
    (3) Decisions to compromise, suspend or terminate collection 
efforts on cases involving amounts exceeding $20,000 up to $100,000, 
exclusive of interest, are made by the Commissioner, the Deputy 
Commissioner for Operations or the Assistant Regional Commissioners for 
Program Operations and Systems, while those over $100,000 are made by 
DOJ.
    (4) These redelegations must be exercised in accordance with all 
pertinent provisions of law, regulations, policies, procedures, 
operating instructions and other requirements.
    The above revised redelegations are effective on the date they are 
published in the Federal Register and replace those previous 
redelegations approved by the Commissioner on November 29, 1988 and 
published in the Federal Register on December 14, 1988 (53 FR 50300-
50301). I affirm and ratify any actions by the above delegates which 
may constitute the exercise of any of the subject authorities before 
the date these revised redelegations are published in the Federal 
Register.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 95-2252 Filed 1-30-95; 8:45 am]
BILLING CODE 4190-29-M