[Federal Register Volume 67, Number 220 (Thursday, November 14, 2002)]
[Proposed Rules]
[Pages 68963-68965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28728]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 283
RIN 0790-AG90
Waiver of Debts Resulting From Erroneous Payments of Pay and
Allowances
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
considering applications for the waiver of debts resulting from
erroneous payments of pay and allowances (including travel and
transportation allowances) to or on behalf of members of the Uniformed
Services and civilian Department of Defense (DoD) employees. 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 and Federal employees and provides
procedures by which their claims against the United States will be
adjudicated.
Public Law 96-511, ``Paperwork Reduction 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.
[[Page 68964]]
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 283
Administrative practice and procedure, Armed forces, Wages.
Accordingly, 32 CFR part 283 is proposed to be added to subchapter
M to read as follows:
PART 283--WAIVER OF DEBTS RESULTING FROM ERRONEOUS PAYMENTS OF PAY
AND ALLOWANCES
Sec.
283.1 Purpose.
283.2 Applicability.
283.3 Definitions.
283.4 Policy.
283.5 Responsibilities and functions.
Authority: 5 U.S.C. 5584; 10 U.S.C. 2774; 32 U.S.C. 716.
Sec. 283.1 Purpose.
This part establishes policy and assigns responsibilities for
considering applications for the waiver of debts resulting from
erroneous payments of pay and allowances (including travel and
transportation allowances) to or on behalf of members of the Uniformed
Services and civilian Department of Defense (DoD) employees under 10
U.S.C. 2774, 32 U.S.C. 716, and 5 U.S.C. 5584.
Sec. 283.2 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
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 (PHS) and
the National Oceanic and Atmospheric Administration (NOAA), 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. 283.3 Definitions.
(a) Debt. An amount an individual owes the government as the result
of erroneous payments of pay and allowances (including travel and
transportation allowances) to or on behalf of members of the Uniformed
Services or civilian DoD employees.
(b) Erroneous Payment. A payment that is not in strict conformity
with applicable laws or regulations.
(c) 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.
(d) Waiver Application. A request that the United States relinquish
its claim against an individual for a debt resulting from erroneous
payments of pay or allowances (including travel and transportation
allowances) under 10 U.S.C. 2774, 32 U.S.C. 716, or 5 U.S.C. 5584.
Sec. 283.4 Policy.
It is Department of Defense policy that:
(a) The officials designated in this Directive exercise waiver
authority that, by statute or delegation, is vested in the Department
of Defense.
(b) Waiver applications shall be processed in accordance with all
pertinent statutes and regulations, and after consideration of other
relevant authorities.
Sec. 283.5 Responsibilities and functions.
(a) The Head of a Non-DoD Component, concerning debts resulting
from the Component's activity:
(1) Pursuant to 10 U.S.C. 2774, has the authority to deny or grant
all or part of a waiver application, if the aggregate amount of the
debt is $1,500 or less.
(2) If the aggregate amount of the debt is more than $1,500, may:
(i) Deny a waiver application in its entirety, or
(ii) Refer a waiver application for consideration with a
recommendation that all or part of the application be granted, in
accordance with procedures promulgated under paragraph (e)(3) of this
section.
(b) The Under Secretary of Defense (Comptroller), concerning debts
(except those described in paragraphs (c) and (d) of this section)
resulting from DoD Component activity:
(1) Pursuant to enclosure 2 of DoD Directive 5118.3 \1\, has the
authority to deny or grant all or part of a waiver application, if the
aggregate amount of the debt is $1,500 or less.
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\1\ Availability at http://www.dtic.mil/whs/directives.
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(2) If the aggregate amount of the debt is more than $1,500, may:
(i) Deny a waiver application in its entirety, or
(ii) Refer a waiver application for consideration with a
recommendation that all or part of the application be granted, in
accordance with procedures promulgated under paragraph (e)(3) of this
section.
(c) The Director, Department of Defense Dependents Schools,
concerning debts of civilian employees resulting from that Component's
activity:
(1) Pursuant to enclosure 2 of DoD Directive 1342.6 \2\, has the
authority to deny or grant all or part of a waiver application, if the
aggregate amount of the debt is $1,500 or less.
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\2\ See footnote to Sec. 283.5(b)(1).
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(2) If the aggregate amount of the debt is more than $1,500, may:
(i) Deny a waiver application in its entirety, or
(ii) Refer a waiver application for consideration with a
recommendation that all or part of the application be granted, in
accordance with procedures promulgated under paragraph (e)(3) of this
section.
(d) The Director, National Security Agency, concerning debts
resulting from that Component's activity:
(1) May deny or grant all or part of a waiver application, if the
aggregate amount of the debt is $1,500 or less.
(2) If the aggregate amount of the debt is more than $1,500, may:
(i) Deny a waiver application in its entirety, or
(ii) Refer a waiver application for consideration with a
recommendation that all or part of the application be granted, in
accordance with procedures promulgated under paragraph (e)(3) of this
section.
(e) The General Counsel of the Department of Defense:
(1) May deny or grant all or part of a waiver application, if the
aggregate amount of a debt is more than $1,500.
(2) May decide appeals in accordance with procedures promulgated
under paragraph (e)(3) of this section.
(3) Shall develop overall waiver policies; and promulgate
procedures for considering waiver applications, including an initial
determination process and a process to appeal an initial determination.
(f) The Head of a DoD Component shall:
(1) Consistent with procedures promulgated under paragraph (e)(3)
of this section, establish procedures within
[[Page 68965]]
the Component for the submission of waiver applications relating to
debts resulting from the component's activity, which shall be referred
to the appropriate official for consideration as set forth in
paragraphs (b), (c), (d), or (e) of this section.
(2) Ensure compliance with this part and policies and procedures
promulgated under paragraph (e)(3) of this section.
Dated: November 4, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 02-28728 Filed 11-13-02; 8:45 am]
BILLING CODE 5001-08-M