http://www.fws.gov/policy/fws_col.gif033 FW 4, Claims By and Against the U.S.


FWM#:      283 (new)
Date:         December 20, 1996
Series:       Delegations
Part 033:   General Administrative Redelegations
Originating Office: Division of Policy and Directives Management



4.1 Redelegation. The authority delegated to the Director pursuant to 242 DM 2 (also published as 031 FW 2) and 205 DM 6-7 as they pertain to claims by and against the United States is redelegated below.

4.2 Waiver of Claims for Erroneous Payments Made to Employees.

A. Authority. Regional Directors and the Assistant Director - Policy, Budget and Administration, after following the provisions of 5 U.S.C. 5584 and 4 CFR 91-93 for claims arising out of erroneous payments of pay and allowances to employees, are authorized to:

(1) Waive, in whole or part, claims in an amount aggregating not more than $1,500 (205 DM 6.5); or

(2) Deny applications for waiver of claims in any amounts (paid under Federal funds) (205 DM 6.5); and advise employees of their right to appeal the denial to the Comptroller General when the amount denied aggregates more that $500 (205 DM 6.5C); or

(3) When in doubt as to whether waiver action is proper and the claim is in an amount aggregating $1,500 or less without regard to any repayment, refer the report of investigation together with a recommendation to the Claims Division of the U.S. General Accounting Office (205 DM 6.5B).

B. Limitations. Recommendations to waive claims for amounts aggregating more than $1,500 must be referred to the Comptroller General together with the report of investigation (205 DM 6.5A).

4.3 Suspension or Termination of Collection Activity for Claims.

A. Authority. The Assistant Director - Policy, Budget and Administration is authorized, pursuant to the provisions of 31 U.S.C. 3711(a), 4 CFR 103-104, and 344 DM, to suspend or terminate collection action for claims of the United States for money or property arising out of Service activities, prior to the referral of the claims to the General Accounting Office or to the Department of Justice for litigation (205 DM 7.1).

B. Limitations.

(1) If the Service's receivable balance is less than $50 million, suspension or termination of collection actions for amounts in excess of $10,000, exclusive of interest, penalties, or administrative charges, will be referred to the Solicitor for concurrance (205 DM 7.1A).

(2) If the Service's receivable balance exceeds $50 million, suspension or termination of collection actions for amounts in excess of $25,000, exclusive of interest, penalties, or administrative charges, will be referred to the Solicitor for concurrance (205 DM 7.1B).

(3) If the Service has an uncorrected material weakness related to debt management pursuant to the Federal Manager's Financial Integrity Act, suspension or termination of collection actions for amounts in excess of $2,000, exclusive of interest, penalties, or administrative charges, will be referred to the Solicitor for concurrance (205 DM 7.1C).

(4) Suspension or termination of collection actions for amounts in excess of $100,000, exclusive of interest, penalties, or administrative charges, is reserved to the Solicitor and will be referred by the Solicitor to the Department of Justice (205 DM 7.1D).

4.4 Compromise of Claims. Authority to compromise claims of the United States up to the monetary limits established by law, arising out of the activities of the Department or any of its bureaus or offices, is reserved to the Solicitor (205 DM 7.2).


For additional information regarding this Web page, contact Krista Bibb, in the Division of Policy and Directives Management, at Krista_Bibb@fws.gov 


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