[Federal Register Volume 67, Number 220 (Thursday, November 14, 2002)]
[Proposed Rules]
[Pages 68956-68957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28726]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 281
RIN 0790-AG47
Settling Personnel and General Claims and Processing Advance
Decision Requests
AGENCY: Defense Office of Hearings and Appeals, Office of the General
Counsel of the Department of Defense.
ACTION: Proposed rule.
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SUMMARY: This rule proposes policy and assigns responsibilities for
settling personnel and general claims and for processing requests for
an advance decision. The Legislative Branch Appropriations Act of 1996
transferred to the Director of the Office of Management and Budget
(OMB) the Comptroller General's Authority to settle claims. The OMB
Director subsequently delegated some of these authorities to the
Department of Defense. Later, the General Accounting Office Act of 1996
codified many of these delegations to the Secretary of Defense and
others and transferred to the OMB Director the authority of the
Comptroller General to waive uniformed service member and employee
debts arising out of the erroneous payment of pay or allowances
exceeding $1,500. The OMB Director subsequently delegated the authority
to waive such debts of uniformed service members and DoD employees to
the Secretary of Defense. The Secretary of Defense further delegated
his claims settlement and waiver authorities to the General Counsel.
This rule implements the reassignment of the Comptroller General's
former duties within the Department of Defense with little impact on
the public.
DATES: Consideration will be given to all comments received on or
before January 13, 2003.
ADDRESSES: Send comments to the Defense Office of Hearings and Appeals,
ATTN: Claims Division, P.O. Box 3656, Arlington, VA 22203-1995.
FOR FURTHER INFORMATION CONTACT: Michael Hipple, 703-696-8510.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
The Director of the Defense Office of Hearings and Appeals has
determined that this rule is not a significant rule because it does not
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a sector of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities; (2) Create a serious inconsistency or otherwise interfere
with an action taken or planned by another Agency; (3) Materially alter
the budgetary impact on entitlements, grants, user fees, or loan
programs, or the rights and obligations of recipients thereof; or (4)
Raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in this Executive
order.
Public Law 96-354, ``Regulatory Flexibility Act''
The Director of the Defense Office of Hearings and Appeals has
certified that this rule does not have a significant economic impact on
a substantial number of small entities because this rule affects
members of the Uniformed Services, Federal employees and transportation
carriers and provides procedures by which their claims against the
United States will be adjudicated. The same minimal requirements for
submitting a claim are applicable to members and transportation
carriers.
Public Law 96-511, ``Paperwork Reducation Act''
The Director of the Defense Office of Hearings and Appeals has
certified that this rule does not impose information collection
requirements.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
The Director of the Defense Office of Hearings and Appeals has
certified that this rule does not involve a Federal Mandate that may
result in the expenditure by State, local and tribal governments, in
the aggregate, or by the private sector, of $100 million or more and
that such rulemaking will not significantly or uniquely affect small
governments.
Executive Order 13132, ``Federalism''
The Director of the Defense Office of Hearings and Appeals has
certified that this rule does not have federalism implications. This
rule does not have substantial direct affects on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
List of Subjects in 32 CFR Part 281
Administrative practice and procedure, Armed Forces, Claims.
Accordingly, 32 CFR part 281 is proposed to be added to subchapter
M to read as follows:
PART 281--SETTLING PERSONNEL AND GENERAL CLAIMS AND PROCESSING
ADVANCE DECISION REQUESTS
Sec.
281.1 Purpose.
281.2 Applicability.
281.3 Definitions.
281.4 Policy.
281.5 Responsibilities and functions.
Appendix A to Part 281--Claims Description.
Authority: 10 U.S.C. 2575, 2771, 4712, 9712; 24 U.S.C. 420; 31
U.S.C. 3529, 3702; 32 U.S.C. 714; 37 U.S.C. 554.
Sec. 281.1 Purpose.
This part implements policy and assigns responsibilities for
settling personnel and general claims (under 31 U.S.C. 3702, 10 U.S.C.
2575, 10 U.S.C. 2771, 24 U.S.C. 420, 10 U.S.C. 4712, 10 U.S.C. 9712, 37
U.S.C. 554, and 32 U.S.C. 714) and for processing requests for an
advance decision under 31 U.S.C. 3529.
[[Page 68957]]
Sec. 281.2 Applicability.
This part applies to:
(a) The Office of the Secretary of Defense, the Military
Departments, the Chairman of the Joint Chiefs of Staff, the Combatant
Commands, the Office of the Inspector General of the Department of
Defense, the Defense Agencies, the DoD Field Activities, and all other
organizational entities within the Department of Defense (hereafter
referred to collectively as ``the DoD Components'').
(b) The Coast Guard, when it is not operating as a Service in the
Navy, and the Commissioned Corps of the Public Health Service and the
National Oceanic and Atmospheric Administration, to the extent of the
authority provided by law or delegated by the Director, Office of
Management and Budget (hereafter referred to collectively as ``the non-
DoD Components'').
Sec. 281.3 Definitions.
(a) Armed Forces. The Army, the Navy, the Air Force, the Marine
Corps, and the Coast Guard.
(b) Claim. A demand for money or property under one of the
following statutes: 31 U.S.C. 3702, 10 U.S.C. 2575, 10 U.S.C. 2771, 24
U.S.C. 420, 10 U.S.C. 4712, 10 U.S.C. 9712, 37 U.S.C. 554, or 32 U.S.C.
714.
(c) Secretary concerned. The Secretary of the Army, with respect to
matters concerning the Army. The Secretary of the Navy, with respect to
matters concerning the Navy, the Marine Corps, and the Coast Guard when
it is operating as a Service in the Navy. The Secretary of the Air
Force, with respect to matters concerning the Air Force. The Secretary
of Transportation, with respect to matters concerning the Coast Guard
when it is not operating as a Service in the Navy. The Secretary of
Commerce, with respect to matters concerning the NOAA. The Secretary of
Health and Human Services, with respect to matters concerning the PHS.
(d) Settlement. A claim and the amount due that is administratively
determined to be valid.
(e) Uniformed Services. The Army, the Navy, the Air Force, the
Marine Corps, the Coast Guard, and the Commissioned Corps of the PHS
and the NOAA.
Sec. 281.4. Policy.
It is DoD policy that:
(a) The claim settlement and advance decision authorities that, by
statute or delegation, are vested in the Department of Defense or the
Secretary of Defense shall be exercised by the officials designated in
this part. Appendix A to this part describes the claims included under
these functional authorities.
(b) Claims shall be settled and advance decisions shall be rendered
in accordance with pertinent statutes and regulations, and after
consideration of other relevant authorities.
Sec. 281.5 Responsibilities and functions.
(a) The General Counsel of the Department of Defense shall:
(1) Settle claims that the Secretary of Defense is authorized to
settle under 31 U.S.C. 3702 (including claims under 10 U.S.C. 2575, 10
U.S.C. 2771, 24 U.S.C. 420, 10 U.S.C. 4712, 10 U.S.C. 9712, 37 U.S.C.
554, and 32 U.S.C. 714).
(2) Consider, and grant or deny, a request by the Secretary
concerned under 31 U.S.C. 3702 to waive the time limit for submitting
certain claims.
(3) Render advance decisions under 31 U.S.C. 3529 that the
Secretary of Defense is authorized to render, and oversee the
submission of requests for an advance decision arising from the
activity of a DoD Component that are addressed to officials outside the
Department of Defense.
(4) Develop overall claim settlement and advance decision policies;
and promulgate procedures for settling claims, processing requests for
an advance decision (including overseeing the submission of requests
for an advance decision arising from the activity of a DoD Component
that are addressed to officials outside the Department of Defense), and
rendering advance decisions. Procedures for settling claims shall
include an initial determination process and a process to appeal an
initial determination.
(b) The Heads of the DoD Components shall:
(1) Establish procedures within the Component for processing claims
and for submitting requests for an advance decision arising from the
Component's activity in accordance with this part and procedures
promulgated under paragraph (a)(4) of this section.
(2) Pay claims under 10 U.S.C. 2771 and 32 U.S.C. 714, if
applicable.
(3) Ensure compliance with this part and policies and procedures
promulgated under paragraph (a)(4) of this section.
(c) The Heads of the Non-DoD Components, with respect to claims
arising from that Component's activity under 31 U.S.C. 3702, 10 U.S.C.
2575, 10 U.S.C. 2771, or 37 U.S.C. 554, shall:
(1) Establish procedures within the Component for processing claims
and for submitting requests for an advance decision in accordance with
this part and procedures promulgated under paragraph (a)(4) of this
section.
(2) Pay claims under 10 U.S.C. 2771, if applicable.
Appendix A to Part 281--Claims Description
The Secretary of Defense is authorized to perform the claim
settlement and advance decision functions for claims under the
following statutes:
(a) 31 U.S.C. 3702, concerning claims in general when there is
no other settlement authority specifically provided for by law.\1\
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\1\ This includes claims involving Uniformed Services members'
pay, allowances, travel, transportation, payment for unused accrued
leave, retired pay, and survivor benefits, and claims for refunds by
carriers for amounts collected from them for loss or damage to
property they transported at Government expense; also included are
other claims arising from the activity of a DoD Component. However,
the Director of the Office of Personnel Management performs these
functions for claims involving civilian employees' compensation and
leave; and the Administrator of General Services performs these
functions for claims involving civilian employees' travel,
transportation, and relocation expenses.
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(b) 10 U.S.C. 2575, concerning the disposition of unclaimed
personal property on a military installation.
(c) 10 U.S.C. 2771, concerning the final settlement of accounts
of deceased members of the armed forces (but not the National
Guard).\2\
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\2\ Claims under this statute are actually settled under the
authority in 31 U.S.C. 3702, because there is no specific settlement
authority in the statute.
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(d) 24 U.S.C. 420, 10 U.S.C. 4712, and 10 U.S.C. 9712 concerning
the disposition of the effects of deceased residents of the Armed
Forces Retirement Home.
(e) 37 U.S.C. 554, concerning the sale of personal property of
members of the Uniformed Services who are in a missing status.
(f) 32 U.S.C. 714, concerning the final settlement of accounts
of deceased members of the National Guard.\3\
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\3\ Claims under this statute are actually settled under the
authority in 31 U.S.C. 3702, because there is no specific settlement
authority in the statute.
Dated: November 4, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 02-28726 Filed 11-13-02; 8:45 am]
BILLING CODE 5001-08-M