**Regional Office Committees on Waivers and Compromises**

**Authority**: Sections 1.955 to 1.970 issued under 5 U.S.C. 5584; 31
U.S.C. 3711;

38 U.S.C. 501, 3685, 3720, 5302; 4 CFR Parts 91 and 92.

**§1.955 Regional office Committees on Waivers and Compromises.**

\(a\) *Delegation of authority and establishment.*

\(1\) Sections 1.955, *et seq*. are issued to implement the authority
for waiver consideration found in 38 U.S.C. 5302 and 5 U.S.C. 5584 and
the compromise authority found 38 U.S.C. 3720(a) and 31 U.S.C. 3711. The
duties, delegations of authority, and all actions required of the
Committees on Waivers and Compromises are to be accomplished under the
direction of, and authority vested in, the Director of the regional
office. Delegations of authority and limitations for waiver actions
under 5 U.S.C. 5584 are set forth in §1.963a of this part.

\(2\) There is established in each regional office, a Committee on
Waivers and Compromises to perform the duties and assume the
responsibilities delegated by §§1.956 and 1.957. The term *regional
office,* as used in §1.955, *et seq.*, includes VA Medical and Regional
Office Centers and VA Centers where such are established.

\(b\) *Selection*. The Director shall designate the employees to serve
as Chairperson, members, and alternates. Except upon specific
authorization of the Under Secretary for Benefits, when workload
warrants a full-time committee, such designation will be part-time
additional duty upon call of the Chairperson.

\(c\) *Control and staff*. The administrative control of each Committee
on Waivers and Compromises is the responsibility of the station's Fiscal
Officer. However, the station Director has the authority to reassign the
administrative control function to another station activity, rather than
the Fiscal Officer, whenever the Director determines that such
reassignment is appropriate. The quality control of the professional and
clerical staff of the Committee is the responsibility of the
Chairperson.

\(d\) *Overall control*. The Assistant Secretary for Management is
delegated complete management authority, including planning, policy
formulation, control, coordination, supervision, and evaluation of
Committee operations.

\(e\) *Committee composition.*

\(1\) The Committee shall consist of a Chairperson and Alternate
Chairperson and as many Committee members and alternate members as the
Director may appoint. Members and alternates shall be selected so that
in each of the debt claim areas (i.e., compensation, pension, education,
insurance, loan guaranty, etc.) there are members and alternates with
special competence and familiarity with the program area.

\(2\) When a claim is properly referred to the Committee for either
waiver consideration or the consideration of a compromise offer, the
Chairperson shall designate a panel from the available Committee members
to consider the waiver request or compromise offer. If the debt for
which the waiver request or compromise offer is made is \$20,000 or less
(exclusive or interest and administrative costs), the Chairperson will
assign one Committee member as the panel. This one Committee member
should have experience in the program area where the debt is located.
The single panel member's decision shall stand as the decision of the
Committee. If the debt for which the waiver request or compromise offer
is made is more than \$20,000 (exclusive of interest and administrative
costs), the Chairperson shall assign two Committee members. One of the
two members should be knowledgeable in the program area where the debt
arose. If the two member panel cannot reach a unanimous decision, the
Chairperson shall assign a third member of the Committee to the panel,
or assign the case to three new members, and the majority vote shall
determine the Committee decision.

\(3\) The assignment of a one or two member panel as described in
paragraph (e)(2) of this section is applicable if the debtor files a
Notice of Disagreement with a Committee decision to deny waiver. That
is, if the Notice of Disagreement is filed with a decision by a one
member panel to deny waiver of collection of a debt of \$20,000 or less,
then the Notice of Disagreement should also be assigned to one panel
member. Likewise, a Notice of Disagreement filed with a decision by a
two or three member panel to deny waiver of collection of a debt of more
than \$20,000 should also be assigned to a Committee panel of two
members (three if these two members cannot agree). However, a
Chairperson must assign the Notice of Disagreement to a different one,
two, or three member panel than the panel that made the original
Committee decision that is now the subject of the Notice of
Disagreement. (Authority: 5 U.S.C. 5584, 31 U.S.C. 3711, 38 U.S.C.
3720(a), 5302.)

\[44 FR 59905, Oct. 17, 1979, as amended at 48 FR 1056, Jan. 10, 1983;
52 FR 42112, Nov. 3, 1987; 54 FR 40871, Oct. 4, 1989; 57 FR 47264, Oct.
15, 1992; 60 FR 53276, Oct. 13, 1995; 66 FR 44053, Aug. 22, 2001; 69 FR
62201, Oct. 25, 2004\]

**Supplement *Highlights* references**: 9(2), 66(1).