[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Notices]
[Pages 25967-25968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12291]


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

DEPARTMENT OF THE INTERIOR

Office of Hearings and Appeals


Delegation of Waivers of Erroneous Payments

AGENCY: Office of Hearings and Appeals, Interior.

ACTION: Notice.

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

SUMMARY: The General Accounting Office Act of 1996, Public Law 104-316, 
transferred to the Director of the Office of Management and Budget 
(OMB) the Comptroller General's authority under 5 U.S.C. 5584 to waive 
debts arising out of the erroneous payment of pay and allowances, 
travel, transportation, and relocation benefits made to employees of 
Executive Branch agencies. The OMB Director subsequently delegated the 
authority to waive collection of erroneous payments from civilian 
employees to the Executive Branch agency that made the erroneous 
payment. The Secretary of the Interior is delegating this authority to 
waive collection of erroneous payments from employees of the Department 
of the Interior, to the Office of Hearings and Appeals (OHA) pursuant 
to the regulations found at 43 CFR 4.1(b)(4). This notice announces 
OHA's intent to implement this new authority pursuant to the existing 
regulations establishing ``Special Rules Applicable to Other Appeals 
and Hearings'' in OHA, which are published at 43 CFR Part 4, Subpart G. 
Pending further notice, OHA will use the General Accounting Office's 
standards and procedures applicable to waiver of debts before the 
effective date of the transfer of authority, December 18, 1996, which 
are published in Title 4, CFR, Chapter I, subchapter G.

EFFECTIVE DATE: May 9, 1997.

FOR FURTHER INFORMATION CONTACT: Barry E. Hill, Director, Office of 
Hearings and Appeals, (703) 235-3810.

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 section 101, Public Law 104-316, 110 Stat. 
3826. Subsequently, in a determination order dated December 17, 1996, 
the Director delegated to each Executive Branch agency the authority 
under 5 U.S.C. 5584, to approve the waiver of debts arising from the 
erroneous payment of pay and allowances, or travel, transportation or 
relocation expenses, to employees of that agency. The effect of this 
order is that the Department of the Interior now has the authority to 
waive collection of these erroneous payments. Before the effective date 
of the transfer, these claims were subject to the procedures prescribed 
by the Comptroller General at 4 CFR Chapter I, Subchapter G (1996). 
Until OHA announces otherwise, OHA's policy will be to apply these 
procedures to applications for waiver, with the exception that the 
Director of OHA will consider all waiver applications for amounts over 
$1,500 and all appeals of

[[Page 25968]]

agency determinations on waiver requests of $1,500 or less, in place of 
the General Accounting Office. The Director of OHA will exercise this 
authority in compliance with 43 CFR Part 4, and pursuant to the rules 
enunciated in Subpart G.
    Waiver applications for amounts of $1,500 or less should be sent to 
the agency out of which the erroneous payment arose. For each 
application for waiver of a debt exceeding $1,500, and for an appeal of 
an Agency's decision on a waiver involving less than $1,500, the 
claimant should submit the application directly to OHA in accordance 
with the procedures published at 43 CFR Part 4. Waiver applications for 
amounts over $1,500, as well as requests for review of agency 
determinations on waivers involving less than $1,500, may be sent to: 
Barry E. Hill, Director, Office of Hearings and Appeals, U.S. 
Department of the Interior, 4015 Wilson Boulevard, Room 1111, 
Arlington, Virginia 22203.

    Dated: May 5, 1997.
Barry E. Hill,
Director, Office of Hearings and Appeals.
[FR Doc. 97-12291 Filed 5-9-97; 8:45 am]
BILLING CODE 4310-79-M