[Federal Register Volume 62, Number 24 (Wednesday, February 5, 1997)]
[Notices]
[Pages 5387-5388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2752]


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DEPARTMENT OF DEFENSE

Organizations, Functions, and Authority Delegations

AGENCY: Department of Defense, Defense Office of Hearings and Appeals.

ACTION: Notice.

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SUMMARY: The General Accounting Office Act of 1996 transferred to the 
Director of the Office of Management and Budget (OMB) the Comptroller 
General's authority to waive debts arising out of the erroneous payment 
of pay and allowances. The OMB Director subsequently delegated the 
authorities listed below to the Department of Defense (DOD). The 
Secretary of Defense further delegated this authority to the Defense 
Office of Hearings and Appeals (DOHA). This notice announces DOHA's 
intent to issue regulations implementing this new authority in the near 
future and that, in the meantime, DOHA will use the procedures and 
practices applicable to the waiver of debts before the effective date 
of the transfer of authority, December 18, 1996, which are published in 
title 4, Code of Federal Regulations, Chapter 1, Subchapter G.

EFFECTIVE DATE: February 5, 1997.

ADDRESSES: Comments may be mailed to the Defense Legal Services Agency, 
Defense Office of Hearings and Appeals, Chairman, Claims Appeals Board, 
P.O. Box 3656, Arlington, VA 22303.

FOR FURTHER INFORMATION CONTACT:
Michael Hipple, Chairman, Claims Appeals Board, 703-696-8524, ext. 150.

SUPPLEMENTARY INFORMATION: Pursuant to the General Accounting Office 
Act of 1996, some functions of the Comptroller General were transferred 
to the Director of OMB. See Sec. 101, Pub. L. 104-316, 110 Stat. 3826. 
Subsequently, in a determination order dated December 17, 1996, the 
Director delegated authority to approve the waiver of debts arising 
from the erroneous payment of pay and allowances to various components 
within the Executive branch. This order delegated to the Department of 
Defense the authority to:
    a. Waive erroneous payments of Department of Defense civilian 
employees described at section 103(d);
    b. Waive recovery of erroneous overpayments described at section 
105(b);
    c. Waive recovery of erroneous overpayments described at section 
116; Before the effective date of the transfer, these claims were 
subject to the procedures prescribed by the Comptroller General at 4 
CFR Chapter 1, Subchapter G (1996). Until DOHA issues its own 
regulations implementing its new claims authority, DOHA's policy will 
be to apply these procedures and the U.S. General Accounting Office's 
practices to claims submitted to DOHA for settlement. As an exception, 
the authority to issue decisions in review of settlements will be 
exercised by a Claims Appeals Board on behalf of the Secretary of 
Defense.
    For each application for waiver of a debt exceeding $1,500, or for 
an appeal of an Agency's decision on a waiver under that amount, the 
claimant should submit the application to the agency out of whose 
activity the claim arose, and it is the agency's responsibility to 
forward the claim to DOHA with its comments. Claimants may submit their 
applications directly to DOHA. However, claimants are advised that 
submitting their applications directly to DOHA may delay consideration 
of their applications because DOHA will not settle a claim without 
first notifying the agency of the

[[Page 5388]]

application and requesting an administrative report from the agency. 
Applications should be sent to: Defense Legal Services Agency, Defense 
Office of Hearings and Appeals, Claims Appeals Board, P.O. Box 3656, 
Arlington, VA 22203-1995.

    Dated: January 29, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-2752 Filed 2-4-97; 8:45 am]
BILLING CODE 5000-04-M