[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1344]
[[Page Unknown]]
[Federal Register: January 20, 1994]
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DEPARTMENT OF THE TREASURY
[Treasury Directive Number: 34-01]
Waiver of Claims for Erroneous Payments
Dates: January 6, 1994.
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. Page
2 TD 34-01
c. Waiver of a claim in the aggregated amount of more than $1,500
shall be submitted to GAO 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 delegate this
authority, in writing, to a deputy or assistant bureau head, or to
Bureau Chief Financial Officer or equivalent.
7. Responsibilities. The Deputy Assistant Secretary
(Administration), the heads of bureaus, the Inspector General, their
deputy or assistant, 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. Cancellations. The following directives have been superseded.
a. TD 12-01, ``Waiver of Claims for Erroneous Payment,'' dated
February 13, 1989, is superseded.
b. TD 34-01, ``Debt Claims Due the Department of the Treasury,''
dated December 15, 1980, 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. Office of Primary Interest. Office of Accounting and Internal
Control, Office of the Deputy Chief Financial Officer, Office of the
Assistant Secretary (Management)/Chief Financial Officer.
George Munoz,
Assistant Secretary (Management)/Chief Financial Officer.
[FR Doc. 94-1344 Filed 1-19-94; 8:45 am]
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