[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Rules and Regulations]
[Page 57425-57427]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se06-15]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 281
[DOD-2006-OS-132]
RIN 0790-AG47
Settling Personnel and General Claims and Processing Advance
Decision Requests
AGENCY: Department of Defense.
ACTION: Final rule.
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SUMMARY: This rule identifies policy and assigns responsibilities for
settling personnel and general claims and for processing requests for
an advance decision. The Legislative Branch Appropriations Act of 1996
transferred to the Director of the Office of Management and Budget
(OMB) the Comptroller General's authority to settle claims. The OMB
Director subsequently delegated some of these authorities to the
Department of Defense (DoD). Later, the General Accounting Office Act
of 1996 codified many of these delegations to the Secretary of Defense
and others and transferred to the OMB Director the authority of the
Comptroller General to waive uniformed service member and employee
debts arising out of the erroneous payment of pay or allowances
exceeding $1,500. The OMB Director subsequently delegated the authority
to waive such debts of uniformed service members and DoD employees to
the Secretary of Defense. The Secretary of Defense further delegated
his claims settlement and waiver authorities to the General Counsel.
This rule implements the reassignment of the Comptroller General's
former duties within the Department of Defense with little impact on
the public.
On Thursday, November 14, 2002, the Department of Defense published
appropriate proposed rules with request for public comments. Formatting
and editorial changes were made to create this final document,
including acknowledging that the Coast Guard is now part of the
Department of Homeland Security rather than the Department of
Transportation. Although these changes were made in 2003, the request
for publication of these regulations was inadvertently misplaced until
now.
Effective Date: September 29, 2006.
FOR FURTHER INFORMATION CONTACT: Michael Hipple, 703-696-8510.
SUPPLEMENTARY INFORMATION: On Thursday, November 14, 2002, (67 FR
68964), the Department of Defense published 32 CFR part 281 along with
parts 282, 283, and 284 as proposed rules with request for public
comments. No public comments were received on part 281. Formatting and
editorial changes were made to create this final document. A decision
was made in 2003 to publish the final rules for parts 281 and 282 at
the same time. Addressing internal comments and coordinating editorial
changes throughout the Department of Defense on part 282 took until
June 2004. In the interim, the request for final publication of part
281 was inadvertently misplaced.
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 281 is not economically
significant regulatory actions and will not significantly affect a
substantial number of small entities.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that 32 CFR part 281 does not contain a
Federal mandate that may result in the expenditure by State, local and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 281 is not subject to the
``Regulatory Flexibility Act'' (5 U.S.C. 601) because, if promulgated,
they would not have a significant economic impact on a substantial
number of small entities. These rules affect members of the Uniformed
Services, Federal employees and transportation carriers. 32 CFR part
281 establishes policies and assigns responsibilities for settling
these claims. The same minimal requirements for submitting a claim are
applicable to members and transportation carriers.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that these parts do not impose any reporting
or recordkeeping requirements under the Paperwork Reduction Act of
1995.
Executive Order 13132, ``Federalism''
It has been certified that these parts do not have federalism
implications, as set forth in Executive Order 13132. These parts do not
have substantial direct effects on: The States; the relationship
between the National
[[Page 57426]]
Government and the States; or the distribution of power and
responsibilities among various levels of government.
List of Subjects in 32 CFR Part 281
Administrative practice and procedure, Armed Forces, Claims.
0
Accordingly, 32 CFR chapter 1, subchapter M is amended to add part 281
to read as follows:
PART 281--SETTLING PERSONNEL AND GENERAL CLAIMS AND PROCESSING
ADVANCE DECISION REQUESTS
Sec.
281.1 Purpose.
281.2 Applicability and scope.
281.3 Definitions.
281.4 Policy.
281.5 Responsibilities.
Appendix to Part 281--Claims Description.
Authority: 10 U.S.C. 2575, 2771, 4712, 9712; 24 U.S.C. 420; 31
U.S.C. 3529, 3702; 32 U.S.C. 714; 37 U.S.C. 554.
Sec. 281.1 Purpose.
This part establishes policy and assigns responsibilities for
settling personnel and general claims (under 31 U.S.C. 3702; 10 U.S.C.
2575, 2771, 4712, and 9712; 24 U.S.C. 420; 37 U.S.C. 554, and 32 U.S.C.
714) and for processing requests for an advance decision under 31
U.S.C. 3529.
Sec. 281.2 Applicability and scope.
This part applies to:
(a) The Office of the Secretary of Defense, the Military
Departments, the Chairman of the Joint Chiefs of Staff, the Combatant
Commands, the Office of the Inspector General of the Department of
Defense, the Defense Agencies, the DoD Field Activities, and all other
organizational entities in the Department of Defense (hereafter
referred to collectively as ``the DoD Components'').
(b) The Coast Guard, when it is not operating as a Service in the
Navy under agreement with the Department of Homeland Security, and the
Commissioned Corps of the Public Health Service (PHS) and the National
Oceanic and Atmospheric Administration (NOAA), under agreements with
the Departments of Health and Human Services and Commerce (hereafter
referred to collectively as ``the non-DoD Components'').
Sec. 281.3 Definitions.
Armed Forces. The Army, the Navy, the Air Force, the Marine Corps,
and the Coast Guard.
Claim. A demand for money or property under 31 U.S.C. 3702; 10
U.S.C. 2575, 2771, 4712, and 9712; 24 U.S.C. 420; 37 U.S.C. 554, and 32
U.S.C. 714.
Secretary concerned. The Secretary of the Army, addressing matters
concerning the Army. The Secretary of the Navy, addressing matters
concerning the Navy, the Marine Corps, and the Coast Guard when it is
operating as a Service in the Navy. The Secretary of the Air Force,
addressing matters concerning the Air Force. The Secretary of Homeland
Security, addressing matters concerning the Coast Guard when it is not
operating as a Service in the Navy. The Secretary of Health and Human
Services, addressing matters concerning the PHS. The Secretary of
Commerce, addressing matters concerning the NOAA.
Settlement. A claim and the amount due that is administratively
determined to be valid.
Uniformed Services. The Army, the Navy, the Air Force, the Marine
Corps, the Coast Guard, and the Commissioned Corps of the PHS and the
NOAA.
Sec. 281.4 Policy.
It is DoD policy that:
(a) The claim settlement and advance decision authorities that, by
statute or delegation, are vested in the Department of Defense or the
Secretary of Defense shall be exercised by the officials designated in
this part. The appendix to this part describes the claims included
under these functional authorities.
(b) Claims shall be settled and advance decisions shall be rendered
in accordance with pertinent statutes and regulations, and after
consideration of other relevant authorities.
Sec. 281.5 Responsibilities.
(a) The General Counsel of the Department of Defense shall:
(1) Settle claims that the Secretary of Defense is authorized to
settle under 31 U.S.C. 3702; 10 U.S.C. 2575, 2771, 4712, and 9712; 24
U.S.C. 420; 37 U.S.C. 554, and 32 U.S.C. 714.
(2) Consider, and grant or deny, a request under 31 U.S.C. 3702 to
waive the time limit for submitting certain claims.
(3) Render advance decisions under 31 U.S.C. 3529 that the
Secretary of Defense is authorized to render, and oversee the
submission of requests for an advance decision arising from the
activity of a DoD Component that are addressed to officials outside the
Department of Defense.
(4) Develop overall claim settlement and advance decision policies;
and promulgate procedures for settling claims, processing requests for
an advance decision (including overseeing the submission of requests
for an advance decision arising from the activity of a DoD Component
that are addressed to officials outside the Department of Defense), and
rendering advance decisions. Procedures for settling claims shall
include an initial determination process and a process to appeal an
initial determination.
(b) The Heads of the DoD Components shall:
(1) Establish procedures within their organization for processing
claims and for submitting requests for an advance decision arising from
it's activity in accordance with this part and responsibilities
promulgated under paragraph (a)(4) of this section.
(2) Pay claims under 10 U.S.C. 2771 and 32 U.S.C. 714, if
applicable.
(3) Ensure compliance with this part and policies and
responsibilities promulgated under (a)(4) of this section.
(c) The Heads of the Non-DoD Components, concerning claims arising
from that Component's activity under 31 U.S.C. 3702, 10 U.S.C. 2575, 10
U.S.C. 2771 or 37 U.S.C. 554, shall:
(1) Establish procedures within their organization for processing
claims and for submitting requests for an advance decision in
accordance with this part and responsibilities promulgated under
paragraph (a)(4) of this section.
(2) Pay claims under 10 U.S.C. 2771, if applicable.
Appendix to Part 281--Claims Description
The Secretary of Defense is authorized to perform the claim
settlement and advance decision functions for claims under the
following statutes:
(a) 31 U.S.C. 3702, concerning claims in general when there is no
other settlement authority specifically provided for by law.\1\
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\1\ This includes claims involving Uniformed Services members'
pay, allowances, travel, transportation, payment for unused accrued
leave, retired pay, and survivor benefits, and claims for refunds by
carriers for amounts collected from them for loss or damage to
property they transported at Government expense; also included are
other claims arising from the activity of a DoD Component. However,
the Director of the Office of Personnel Management performs these
functions for claims involving civilian employees' compensation and
leave; and the Administrator of General Services performs these
functions for claims involving civilian employees' travel,
transportation, and relocation expenses.
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(b) 10 U.S.C. 2575, concerning the disposition of unclaimed
personal property on a military installation.
(c) 10 U.S.C. 2771, concerning the final settlement of accounts of
deceased members of the armed forces (but not the National Guard).\2\
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\2\ Claims under this statute are actually settled under the
authority in 31 U.S.C. 3702 because there is no specific settlement
authority in the statute.
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[[Page 57427]]
(d) 24 U.S.C. 420, 10 U.S.C. 4712, and 10 U.S.C. 9712, concerning
the disposition of the effects of a deceased person who was subject to
military law at a place or command under the jurisdiction of the Army
or Air Force or of deceased residents of the Armed Forces Retirement
Home.
(e) 37 U.S.C. 554, concerning the sale of personal property of
members of the Uniformed Services who are in a missing status.
(f) 32 U.S.C. 714, concerning the final settlement of accounts of
deceased members of the National Guard.\2\
Dated: September 25, 2006.
L.M. Bynum,
OSD Federal Register Liason Officer, DOD.
[FR Doc. E6-16034 Filed 9-28-06; 8:45 am]
BILLING CODE 5001-06-P