[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15776]


[[Page Unknown]]

[Federal Register: June 29, 1994]


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DEPARTMENT OF THE TREASURY
[Directive 34-01]

 

Waiver of Claims for Erroneous Payments

    1. Purpose. This Directive delegates authority to waive claims of 
the Government against an employee for erroneous payments of pay and 
allowances, and erroneous payments of travel, transportation, and 
relocation expenses and allowances.
    2. Scope. This Directive applies to all bureaus, the Departmental 
Offices (DO), and the Office of Inspector General (OIG).
    3. Policy. It is the policy of the Department of the Treasury that 
standards and procedures for granting waiver of claims to an employee 
for erroneous payments of pay and allowances, and erroneous payments of 
travel, transportation, and relocation expenses and allowances, 
pursuant to 5 U.S.C. 5584 and 4 CFR Parts 91 and 92, shall be in 
compliance with the applicable laws and regulations.
    4. Background.
    a. 5 U.S.C. 5584, as amended, authorizes the waiver, in certain 
instances, of claims due to the United States by an employee for 
erroneous payments of pay and allowances, and erroneous payments of 
travel, transportation, and relocation expenses and allowances.
    b. Public Law (Pub. L.) 102-190 (1991) amended 5 U.S.C. 5584 to 
increase from $500 to $1,500 the amount of a claim that an agency may 
waive under that statute. The General Accounting Office (GAO) published 
a final rule at 56 FR 67467 (1991) which revised the GAO waiver 
regulations at 4 CFR Parts 91 and 92 accordingly. The head of an 
agency, or the designated official, now has the authority for granting 
waiver of claims in the aggregated amount of not more than $1,500.
    c. Waiver of a claim in the aggregated amount of more than $1,500 
shall be submitted to GA0 for a consideration.
    5. Delegation. This Directive authorizes the Deputy Assistant 
Secretary (Administration), the heads of bureaus, and the Inspector 
General to perform the following functions for their respective 
organizations.
    a. Waive, in whole or in part, a claim of the United States against 
an employee arising out of an erroneous payment of pay and allowances, 
for an erroneous payment of travel, transportation, and relocation 
expenses and allowances, aggregating not more than $1,500, in 
accordance with the limitations and standards set forth in 5 U.S.C. 
5584, and the regulations of the Comptroller General in 4 CFR Parts 91 
and 92.
    b. Deny requests for waivers in any amount. If a request for waiver 
is denied, the employee from whom collection is sought must be advised 
of the right to appeal the denial to GAO pursuant to the procedures in 
4 CFR Part 92.
    c. Refer a report or investigation to the Comptroller General for a 
determination, where appropriate under the applicable regulations. Such 
referrals shall be governed by this Directive, rather than the 
procedures of Treasury Directive (TD) 32-09, ``Correspondence with the 
General Accounting Office.''
    6. Redelegation. The Deputy Assistant Secretary (Administration), 
the heads of bureaus, and the Inspector General may redelegate this 
authority, in writing, only to the senior management officials at 
headquarters and regional locations, for their respective 
organizations. Appropriate management controls must be maintained for 
each redelegation of authority. Copies of the redelegation shall be 
submitted to the Departmental Deputy Chief Financial Officer.
    7. Responsibilities. The Deputy Assistant Secretary 
(Administration), the heads of bureaus, the Inspector General, their 
deputies or assistants, or the Bureau Chief Financial Officer or 
equivalent, for their respective organizations, shall:
    a. promptly notify an employee upon discovery of an erroneous 
payment to that employee;
    b. compile the written report described in 4 CFR 92.3;
    c. notify the employee, in writing, of the disposition of a request 
for waiver and any right to appeal, as required by 4 CFR 92.4;
    d. pay a refund when appropriate if a waiver is granted; and
    e. fulfill any other responsibility of the agency imposed by 5 
U.S.C. 5584 or 4 CFR Parts 91 and 92, or other applicable laws or 
regulations.
    8. Reporting Requirements.
    a. The Department is not required to submit an annual written 
report to GAO. However, the Department still is required to maintain a 
register of waiver actions, subject to GAO review. In addition, each 
bureau is required to retain the written record of each waiver action 
for 6 years and 3 months. The written record is defined at 4 CFR 92.7.
    b. Treasury bureaus are required to submit an annual waiver of 
claims report for the fiscal year ending September 30 to the 
Department's Deputy Chief Financial Officer (CFO) not later than 
December 31 of each year. The Deputy CFO will issue a call letter and 
the report format to the Deputy Assistant Secretary (Administration) 
and Bureau CFOs.
    c. The bureau annual waiver of claims report shall contain the 
following information.
    (1) The total amount waived by the bureau.
    (2) The number and dollar amount of waiver applications granted in 
full.
    (3) The number and dollar amount of waiver applications granted in 
part and denied in part.
    (4) The number and dollar amount of waiver applications denied in 
their entirety.
    (5) The number of waiver applications referred to the GAO for 
action.
    (6) The dollar amount refunded as a result of waiver action by the 
bureau.
    (7) The dollar amount refunded as a result of waiver action by the 
GAO.
    9. Cancellation. TD 34-01, ``Waiver of Claims for Erroneous 
Payments,'' dated January 6, 1994, is superseded.
    10. Authorities.
    a. 5 U.S.C. 5584, as amended, ``Claims for Overpayment of Pay and 
Allowances, and of Travel, Transportation and Relocation Expenses and 
Allowances.''
    b. 4 CFR Part 91, ``Standards for Waiver.''
    c. 4 CFR Part 92, ``Procedure.''
    d. GAO Title 4, ``Claims,'' GAO Policy and Procedures Manual for 
Guidance of Federal Agencies.
    11. Expiration Date. This Directive expires three years from the 
date of issuance unless superseded or cancelled prior to that date.
    12. Office of Primary Interest. Office of Accounting and Internal 
Control, Financial Services Directorate, Office of the Deputy Assistant 
Secretary (Departmental Finance and Management), Office of the 
Assistant Secretary (Management)/Chief Financial Officer.

    Dated: June 20, 1994.
George Munoz,
Assistant Secretary (Management)/Chief Financial Officer.
[FR Doc. 94-15776 Filed 6-28-94; 8:45 am]
BILLING CODE 3410-01-P