[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Rules and Regulations]
[Pages 53275-53276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25373]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 1

RIN 2900-AG94


Waiver of Erroneous Payments of Pay and Allowances

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Department of Veterans Affairs (VA) 
regulations concerning consideration of waiver of claims arising from 
erroneous payments to employees of pay and allowances, and travel, 
transportation, and relocation expenses and allowances. The VA's 
standards for such waivers under 5 U.S.C. 5584 are deleted as 
unnecessary because such waivers must be made in accordance with 
standards prescribed by the Comptroller General. This document also 
provides that members of VA regional office Committees on Waivers and 
Compromises are delegated all authority granted the Secretary under 5 
U.S.C. 5584 and 4 CFR Parts 91 and 92 to grant waiver in whole or in 
part of a claim aggregating not more than $1,500; to recommend approval 
of waiver in whole or in part of a claim aggregating more than $1,500; 
and to deny waiver of a claim for any amount. In addition, this 
document deletes an unnecessary delegation of authority and makes 
nonsubstantive changes.

EFFECTIVE DATE: October 13, 1995.

FOR FURTHER INFORMATION CONTACT: Peter Mulhern, Debt Management Policy 
Division (047G7), Department of Veterans Affairs, 810 Vermont Ave., NW, 
Washington, DC 20420, (202) 273-5570.

SUPPLEMENTARY INFORMATION: This document amends VA regulations in 38 
CFR part 1 concerning waiver under 5 U.S.C. 5584 of claims of the 
United States arising out of erroneous payments of pay and allowances, 
and erroneous payments of travel, transportation, and relocation 
expenses and allowances, made to or on behalf of VA employees. Such 
claims may be waived in whole or in part when collection would be 
against equity and good conscience and not in the best interests of the 
United States.
    5 U.S.C. 5584 provides that waivers thereunder may be made only 
``in accordance with standards * * * prescribed by the Comptroller 
General.'' Prior to the effective date of this document, VA regulations 
in 38 CFR 1.955-1.970 set forth VA's own standards for such waivers. 
Because such waivers must be made in accordance with Comptroller 
General standards, the VA standards covering the same subject matter 
are unnecessary and are deleted by this document. The Comptroller 
General standards are prescribed in regulations of the General 
Accounting Office (GAO) in 4 CFR Parts 91 and 92.
    Previously, the amount of aggregate debt that an agency could waive 
in whole or in part was limited to $500, but an amendment to 5 U.S.C. 
5584 increased the amount of aggregate debt that may be waived to 
$1500. Under 5 U.S.C. 5584 and 4 CFR Parts 91 and 92, waiver actions 
are permitted to be made by the agency head or his or her designees. 
Prior to the effective date of this document, VA regulations delegated 
waiver action authority under 5 U.S.C. 5584 to members of regional 
office Committees on Waivers and Compromises who were assigned under 
criteria set forth in 38 CFR 1.955 (e)(1) and (e)(2). This document 
delegates authority to assigned members to grant waiver in whole or in 
part of debts aggregating to the full $1500 amount. Consistent with the 
GAO regulations, the members are also delegated authority to recommend 
to GAO waiver in whole or in part of debts aggregating in excess of 
$1500 and to deny waiver of debts of any amount.
    Prior to this document, VA regulations also authorized the Chief 
Benefits Director to make waiver determinations and to establish an ad 
hoc board to do so. This document removes this delegation of authority 
with respect to waiver determinations 

[[Page 53276]]
under 5 U.S.C. 5584, because it is not needed for such waivers.
    This document also makes other nonsubstantive amendments to VA 
regulations in Secs. 1.955 through 1.970.
    VA is issuing this document as a final rule because the changes 
made in this document constitute rules of agency organization, 
practice, or procedure.
    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule directly affects only VA employees or former 
employees, or their estates or dependents, and does not affect small 
entities. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is 
exempt from the initial and final regulatory flexibility analyses 
requirements of Secs. 603 and 604.
    This regulatory action has been reviewed by the Office of 
Management and Budget under Executive Order 12866.
    There is no Catalog of Federal Domestic Assistance number.

List of Subjects in 38 CFR Part 1

    Claims, Administrative practice and procedure, Veterans.

    Approved: August 18, 1995.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 1 is amended 
as follows:

PART 1--GENERAL PROVISIONS

    1. The authority citation for part 1 is revised to read as follows:

    Authority: 38 U.S.C. 501, except as otherwise noted.

    2. The authority citation preceding Sec. 1.955 is revised to read 
as follows:

    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.

    3. In Sec. 1.955, the following sentence is added at the end of 
paragraph (a)(1):


Sec. 1.955  Regional office committees on waivers and compromises.

    (a) * * *
    (1) * * * Delegations of authority and limitations for waiver 
actions under 5 U.S.C. 5584 are set forth in Sec. 1.963a of this part.
* * * * *
    4. In Sec. 1.956, paragraph (a)(3) is revised to read as follows:


Sec. 1.956  Jurisdiction.

    (a) * * *
    (3) Claims for erroneous payments of pay and allowances, and 
erroneous payments of travel, transportation, and relocation expenses 
and allowances, made to or on behalf of employees (5 U.S.C. 5584, 4 CFR 
Parts 91 and 92).
* * * * *


Sec. 1.957  [Amended]

    5. In Sec. 1.957, paragraph (a)(1)(iv) is removed.
    6. Section 1.963a is revised to read as follows:


Sec. 1.963a  Waiver; erroneous payments of pay and allowances.

    The provisions applicable to VA (including those for appeals and 
refunds) concerning waiver actions relating to erroneous payments to VA 
employees of pay and allowances and travel, transportation, and 
relocation expenses and allowances under 5 U.S.C. 5584 are set forth at 
4 CFR Parts 91 and 92. The members of Committees on Waivers and 
Compromises assigned to waiver actions under Sec. 1.955 of this part 
are hereby delegated all authority granted the Secretary under 5 U.S.C. 
5584 and 4 CFR Parts 91 and 92 to grant waiver in whole or in part of a 
claim aggregating not more than $1,500, to recommend approval of waiver 
in whole or in part of a claim aggregating more than $1,500, and to 
deny waiver of a claim for any amount. The following are the only 
provisions of Secs. 1.955 through 1.970 of this part applicable to 
waiver actions concerning erroneous payments of pay and allowances and 
travel, transportation, and relocation expenses and allowances under 5 
U.S.C. 5584: Secs. 1.955(a) through (e)(2), 1.956(a) (introductory 
text) and (a)(3), 1.959, 1.960, 1.963a, and 1.967(c).

(Authority: 5 U.S.C. 5584, 38 U.S.C. 501; 4 CFR Parts 91 and 92)

    7. Section 1.967(c) is revised to read as follows:


Sec. 1.967  Refunds.

* * * * *
    (c) The regulatory provisions concerning refunds of indebtedness 
collected by the Department of Veterans Affairs arising from erroneous 
payments of pay and allowances and travel, transportation, and 
relocation expenses and allowances are set forth in 4 CFR Parts 91 and 
92.
* * * * *
[FR Doc. 95-25373 Filed 10-12-95; 8:45 am]
BILLING CODE 8320-01-P