[Federal Register Volume 65, Number 102 (Thursday, May 25, 2000)]
[Rules and Regulations]
[Pages 33737-33738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13192]



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  Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules 
and Regulations  

[[Page 33737]]



GENERAL ACCOUNTING OFFICE

4 CFR Chapter I


Claims, Waiver of Claims and Transportation Issues

AGENCY: General Accounting Office.

ACTION: Final rule.

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SUMMARY: The General Accounting Office (GAO) is removing regulations 
which relate to the settlement of claims, settlement of accounts of 
deceased and incompetent individuals, transportation transactions, and 
waiver of claims for erroneous payments. The Legislative Branch 
Appropriations Act of 1996 transferred these functions to the executive 
branch, but these regulations were kept for a transition period. This 
final rule eliminates these regulations as unnecessary because the 
functions are no longer carried out by GAO but have been transferred to 
other federal agencies.

DATES: Effective May 25, 2000.

FOR FURTHER INFORMATION CONTACT: Barry L. Shillito, 202-512-4663; 
[email protected].

SUPPLEMENTARY INFORMATION:

Claims Settlements Authority

    In Subchapter C (Claims; General), Parts 30-36 set out the 
Comptroller General's regulations for the settlement of (1) claims and 
(2) accounts of certain deceased and incompetent individuals. The 
Legislative Branch Appropriations Act of 1996, Public Law 104-53, sec. 
211(a), 109 Stat. 514, 535 (1996), transferred certain of the 
Comptroller General's authority to settle claims and accounts to the 
Director of the Office of Management and Budget (OMB), and provided for 
the Director of OMB to delegate this authority to other appropriate 
agencies. The Director of OMB delegated his authority to several 
executive branch agencies. Subsequently, the General Accounting Office 
Act of 1996, Public Law 104-316, 110 Stat. 3826 (1996), set out in 
detail, among other things, the authority given to the Director of OMB 
and other heads of agencies to settle the claims and accounts formerly 
subject to settlement by the Comptroller General. Section 202(n) of the 
GAO Act of 1996 made a conforming amendment to 31 U.S.C. 732 to set out 
the executive branch agencies to whom the Director of OMB delegated the 
authority to settle claims formerly within the authority of the 
Comptroller General. Additionally, section 103(c) of the GAO Act of 
1996 transferred the Comptroller General's authority to promulgate 
regulations with respect to the designation of beneficiaries for 
certain deceased and incompetent persons to various specified officials 
in the three branches of government.
    The Director of OMB delegated to the Director of the Office of 
Personnel Management (OPM) the authority to settle claims against the 
United States involving Federal employee compensation and leave, 
deceased employees' compensation, and proceeds of canceled checks 
payable to deceased beneficiaries. Individuals with these types of 
claims should no longer contact GAO but should contact OPM.
    The Director of OMB delegated to the Administrator of General 
Services the authority to settle claims involving expenses incurred by 
Federal civilian employees for official travel and transportation and 
for relocation expenses incident to transfers of official duty station. 
Individuals with these type of claims should no longer contact GAO but 
should contact the General Services Administration.
    OMB delegated to the Secretary of Defense the authority to settle 
claims for military pay, allowances, travel, transportation, retired 
pay, and survivor benefits as well as claims by transportation carriers 
involving amounts collected from them for loss or damage incurred to 
property incident to shipment at Government expense. Individuals with 
these types of claims should no longer contact GAO but should contact 
the Department of Defense.
    Accordingly, the Comptroller General no longer has the authority to 
prescribe the regulations in 4 CFR parts 30-32, regarding claims 
settlement, and parts 33-36, regarding settlement of accounts for 
certain deceased and incompetent persons.

Transportation

    Sections 125 and 127(d) of the GAO Act of 1996, transferred the 
Comptroller General's authority to promulgate regulations for 
transportation transactions for use of U.S. flag carriers pursuant to 
the Merchant Marine Act of 1936, 46 U.S.C. 1241a, and the Fly America 
Act, 49 U.S.C. 40118(c), to the Administrator of General Services. 
Accordingly, the Comptroller General no longer has authority to 
prescribe the regulations found at 4 CFR part 52. With the removal of 
part 52, there is no further need for 4 CFR part 51.
    Section 202(o)(2) of the GAO Act of 1996 transferred the 
Comptroller General's authority to promulgate regulations governing the 
review of GSA transportation settlement actions pursuant to 31 U.S.C. 
3726(g)(1) to the Administrator of General Services. Accordingly the 
Comptroller General no longer has authority to prescribe the 
regulations found at 4 CFR part 53.
    Section 202(o)(1) of the GAO Act of 1996, 110 Stat. 3826, 3844 
(1996), removed the Comptroller General's authority to jointly 
prescribe standards, with the Secretary of Treasury, for advance 
payment of charges for transportation services pursuant to 31 U.S.C. 
3726(f). Accordingly, the Comptroller General no longer has authority 
to prescribe the regulations found at 4 CFR part 56.
    Given the above discussion, there is no long current need for a 
subchapter devoted to transportation (Subchapter D).

Waiver

    Sections 103 of the GAO Act of 1996 transferred the Comptroller 
General's authority to waive claims against civilian employees arising 
out of erroneous payments of pay and allowances, travel, transportation 
and relocation benefits to the head of an agency with respect to a 
legislative branch employee, or to the Director of OMB with respect to 
any other agency or employee. Further, the Comptroller General's 
authority over such claims against members of the military and the 
National Guard was transferred to the Director of OMB by sections 
105(b) and 116 of the GAO Act of 1996. The Director of OMB has 
delegated his authority to the head of the agency that

[[Page 33738]]

made the erroneous payment. Accordingly the Comptroller General no 
longer has authority to promulgate the regulations at 4 CFR parts 91 
and 92 (Subchapter G--Standards for waiver of claims for erroneous 
payments of pay and allowances, and of travel, transportation, and 
relocation expenses and allowances). Individuals seeking a waiver 
should no longer contact GAO but should direct a request for waiver to 
their employing agency.
    Accordingly, as set forth in the preamble and under the authority 
of Public Law 104-53, sec. 211(a), 109 Stat. 535, and secs. 103(c), 
103(d), 105(b), 116, 125, and 127 of Public Law 104-316, 110 Stat. 
3826, GAO amends 4 CFR Chapter I as follows:
    1. Subchapter C, consisting of parts 30 through 36, Subchapter D, 
consisting of parts 51 through 53 and part 56, and Subchapter G, 
consisting of parts 91 through 93, are removed and reserved.

    Dated: May 19, 2000.
Robert P. Murphy,
General Counsel, General Accounting Office.
[FR Doc. 00-13192 Filed 5-24-00; 8:45 am]
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