[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Rules and Regulations]
[Page 57427-57428]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se06-16]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 283
[DOD-2006-OS-133]
RIN 0790-AG90
Waiver of Debts Resulting From Erroneous Payments of Pay and
Allowances
AGENCY: Department of Defense.
ACTION: Final rule.
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SUMMARY: This rule identifies 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.
On Thursday, November 14, 2002, the Department of Defense published
appropriate proposed rules with request for public comments. Formatting
and editorial changes were made to create this final document,
including acknowledging that the Coast Guard is now part of the
Department of Homeland Security rather than the Department of
Transportation. Although these changes were made in 2003, a decision
was made at that time to hold publication of these regulations so
accompanying rules would be published at the same time. Addressing
internal comments and coordinating numerous editorial changes
throughout the Department of Defense on the accompanying rulemaking
took until 2006.
DATES: Effective Date: September 29, 2006.
FOR FURTHER INFORMATION CONTACT: Michael Hipple, 703-696-8510.
SUPPLEMENTARY INFORMATION: On Thursday, November 14, 2002 (67 FR
68964), the Department of Defense (DoD) published 32 CFR part 283 along
with parts 281, 282, and 284 as proposed rules with request for public
comments. No public comments were received on part 283. Formatting and
editorial changes were made to create this final document. A decision
was made in 2003 to publish the final rules for parts 283 and 284 at
the same time. Addressing internal comments and coordinating numerous
editorial changes throughout the Department of Defense on part 284 took
until 2006.
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 283 is not economically
significant regulatory actions and will not significantly affect a
substantial number of small entities.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that 32 CFR part 283 does not contain a
Federal mandate that may result in the expenditure by State, local and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 283 is not subject to the
``Regulatory Flexibility Act'' (5 U.S.C. 601) because, if promulgated,
they would not have a significant economic impact on a substantial
number of small entities. These rules affect members of the Uniformed
Services, Federal employees and transportation carriers. 32 CFR part
283 establishes policies and provide procedures for considering
applications for waiver of debts resulting from erroneous pay and
allowances to or on behalf of members and civilian DoD employees.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that these parts do not impose any reporting
or recordkeeping requirements under the Paperwork Reduction Act of
1995.
Executive Order 13132, ``Federalism''
It has been certified that these parts do not have federalism
implications, as set forth in Executive Order 13132. These parts do not
have substantial direct effects on: the States; The relationship
between the National Government and the States; or the distribution of
power and responsibilities among various levels of government.
List of Subjects in 32 CFR Part 283
Administrative practice and procedure, Armed Forces, Waivers.
0
Accordingly, 32 CFR part 283 is added to read as follows:
PART 283--WAIVER OF DEBTS RESULTING FROM ERRONEOUS PAYMENTS OF PAY
AND ALLOWANCES
Sec.
283.1 Purpose.
283.2 Applicability and scope.
283.3 Definitions.
283.4 Policy.
283.5. Responsibilities.
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 DoD employees under 10 U.S.C. 2774, 32 U.S.C.
716, 5 U.S.C. 5584.
Sec. 283.2 Applicability and scope.
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 Inspector General of the Department of
[[Page 57428]]
Defense, the Defense Agencies, the DoD Field Activities, and all other
organizational entities in 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 under the agreement with the Department of Homeland Security, and
the Commissioned Corps of the Public Health Service (PHS) and the
National Oceanic and Atmospheric Administration (NOAA) under agreements
with the Departments of Health and Human Services and Commerce
(hereafter referred to collectively as the ``non-DoD Components'').
Sec. 283.3 Definitions.
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.
Erroneous Payment. A payment that is not in strict conformity with
applicable laws or regulations.
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.
Waiver Application. A request that the United States relinquishes
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 DoD policy that:
(a) The officials designated in this part 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.
(a) The General Counsel of the Department of Defense shall:
(1) If the aggregate amount of the debt is more than $1,500, deny
or grant all or part of a waiver application.
(2) Decide appeals in accordance with procedures promulgated under
paragraph (a)(3) of this section.
(3) Develop overall waiver policies and promulgate procedures for
considering waiver applications, including an initial determination
process and a process to appeal an initial determination.
(b) The Heads of the DoD Components shall:
(1) Consistent with responsibilities promulgated under paragraph
(a)(3) of this section, establish procedures within the DoD Component
for the submission of waiver applications relating to debts resulting
from the DoD Component's activity, which shall be referred to the
appropriate official for consideration as set forth in paragraphs (a),
(d), (e), or (f) of this section.
(3) Ensure compliance with this part and policies and procedures
promulgated under paragraph (a)(3) of this section.
(c) The Heads of the Non-DoD Components concerning debts resulting
from that Component's activity shall:
(1) If the aggregate amount of the debt is $1,500 or less, deny or
grant all or part of a waiver application pursuant to 10 U.S.C. 2774.
(2) If the aggregate amount of the debt is more than $1,500:
(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 (a)(3) of this
section.
(d) The Under Secretary of Defense (Comptroller)/Chief Financial
Officer concerning debts (except those described in paragraphs (e) and
(f) of this section) resulting from DoD Component activity shall:
(1) If the aggregate amount of the debt is $1,500 or less, deny or
grant all or part of a waiver application pursuant to enclosure 2 of
DoD Directive 5118.3.\1\
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\1\ Available at http://www.dtic.mil/whs/directives/.
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(2) If the aggregate amount of the debt is more than $1,500:
(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 (a)(3) of this
section.
(e) The Director, Department of Defense Education Activity, under
the Under Secretary of Defense for Personnel and Readiness concerning
debts of civilian employees resulting from that Component's activity
shall:
(1) If the aggregate amount of the debt is $1,500 or less, deny or
grant all or part of a waiver application pursuant to enclosure 2 of
DoD Directive 1342.6.\2\
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\2\ Available at http://www.dtic.mil/whs/directives/.
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(2) If the aggregate amount of the debt is more than $1,500:
(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 (a)(3) of this
section.
(f) The Director, National Security Agency, under the Under
Secretary of Defense for Intelligence concerning debts resulting from
that Component's activity shall:
(1) If the aggregate amount of the debt is $1,500 or less, deny or
grant all or part of a waiver application.
(2) If the aggregate amount of the debt is more than $1,500:
(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 (a)(3) of this
section.
September 25, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, DoD.
[FR Doc. E6-16040 Filed 9-28-06; 8:45 am]
BILLING CODE 5001-06-P