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NASA Ball NASA
Policy
Directive
NPD 9645.2F
Effective Date: August 19, 2019
Expiration Date: August 19, 2024
COMPLIANCE IS MANDATORY
Printable Format (PDF)

(NASA Only)

Subject: Claims for Erroneous Payment of Pay and Allowances, Travel and Transportation, Relocation Expenses, and Allowances

Responsible Office: Office of the Chief Financial Officer



1. POLICY


(a) NASA's policy is to:

(1) Provide the financial management requirements for erroneous payments of pay and allowances, travel and transportation, relocation expenses, and allowances.

(2) Process waivers of claims in accordance with Office of Management and Budget (OMB) Determination Order, Determination with Respect to Transfer of Functions Pursuant to Pub. L. 104-316, that delegates OMB authority to waive erroneous payments to the Executive branch agency that made the erroneous payment.

2. APPLICABILITY

a. This NPD is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers. This language applies to contractors, grant recipients, or parties to agreements only to the extent specified or referenced in the appropriate contracts, grants, or agreements.

b. This directive is applicable to claims of the United States arising out of erroneous payments of pay and allowances, travel and transportation, relocation expenses, and allowances made to or on behalf of NASA employees.

c. This directive only applies to waivers of overpayments on debt covered by the provisions of 5 U.S.C. § 5584. Depending on the nature of the debt, there may be independent statutory authorities that allow waivers, in whole or in part, of the collection of certain debt for money owed for payments received or when an employee is otherwise indebted to the Federal Government. Contact the NSSC Customer Contact Center for further information.

d. This directive does not apply to payments made to other than NASA employees, or an advance made to any employee. See 5 U.S.C. Ch. 57, Subchs. I and II.

e. Administrative claims including, but not limited to, claims for overtime pay, administrative leave, travel time or allowances, or restoration of forfeited annual leave, for which the claimant believes they are entitled by law or regulation and have been denied, are outside the scope of this directive. General procedures for administrative claims against the United States are decided by the Office of Personnel Management. See 5 CFR pt. 178, subpt. A.

f. In this directive, all document citations are assumed to be the latest version, unless otherwise noted.

g. In this directive all mandatory actions (i.e., requirements) are denoted by statements containing the term "shall," the terms "may" or "can" denotes discretionary privilege or permission, "should" denotes a good practice and is recommend but not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.

3. AUTHORITY

a. Claims for Overpayment of Pay and Allowances and of Travel and Transportation Allowances, 10 U.S.C. § 2774.

b. Authority to Settle Claims, 31 U.S.C. § 3702.

c. The National Aeronautics and Space Act, 51 U.S.C. § 20101 et seq.

d. General Accounting Office Act of 1996, Pub. L. 104-316, Claims Settlement.

4. APPLICABLE DOCUMENTS AND FORMS

a. Installation Deduction for Indebtedness to the United States, 5 U.S.C. § 5514.

b. Claims for Overpayment of Pay and Allowances, and of Travel, Transportation, and Relocation Expenses and Allowances, 5 U.S.C. § 5584.

c. OMB Determination Order, Determination with Respect to Transfer of Functions Pursuant to Pub. L. 104-316 (12/17/1996).

5. RESPONSIBILITY

a. The Administrator, or designee, shall:

(1) Provide an individual with the following prior to initiating any proceedings to collect indebtedness:

(a) A minimum of 30 days written notice, informing such individual of the nature and amount of the indebtedness determined by NASA to be due, the intention of NASA to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this subsection.

(b) An opportunity to inspect and copy NASA records relating to the debt.

(c) An opportunity to enter into a written agreement with the Agency, under terms agreeable to the head of the Agency or his designee, to establish a schedule for the repayment of the debt.

(d) An opportunity for a hearing on the determination of the Agency concerning the existence or the amount of the debt.

(e) An opportunity for a hearing, in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to subparagraph 5a(1)(c), concerning the terms of the repayment schedule.

(2) Authorize deductions in accordance with 5 U.S.C. § 5514, excluding routine interagency adjustments.

(3) Exercise waiver authority in accordance with the conditions described in 5 U.S.C. § 5584 and the provisions of Appendix B of this NPD.

b. The Agency Chief Financial Officer is responsible for issuing and maintaining policy and requirements related to claims for erroneous payments.

c. The Executive Director for the NASA Shared Services Center (NSSC) is responsible for the following:

(1) Ensuring compliance with the provisions of 5 U.S.C. § 5584 and the OMB Determination Order.

(2) Ensuring coordination with, and submission for review, by the NSSC's Office of the Chief Counsel, Financial Management Office, and Human Resources Services Division.

(3) Ensuring a recommended action has been taken based on the recommendation of the offices listed in 5.c(2).

6. DELEGATION OF AUTHORITY

a. As delegated by OMB, the NASA Administrator further delegates authority as follows:

(1) The Associate Administrator for Mission Support and the NASA Inspector General (for claims of OIG employees) are delegated the authority to grant waiver, in whole or part, of a claim in any amount when waiver is permitted under 5 U.S.C. § 5584.

(2) The Associate Administrator for Mission Support is further delegated the authority to reconsider denials of waiver by the Executive Director of NSSC.

(3) The Executive Director of NSSC is delegated the authority to:

(a) Grant waiver, in whole or part, of a claim in an amount aggregating not more than $5,000, when waiver is permitted under 5 U.S.C. § 5584.

(b) Deny waiver of a claim in any amount, provided that the employee from whom collection is sought is advised of his/her right to request reconsideration of the denial from the Associate Administrator for Mission Support.

(4) The Associate Administrator for Mission Support and Executive Director of NSSC shall notify the Agency Chief Financial Officer of all waiver decisions.

Note 1: The authority delegated in paragraph 6(a)1 to the Inspector General may be further delegated, and the authority delegated in paragraph 6(a)3 may be redelegated to not more than one immediate subordinate official who reports directly to the Executive Director of NSSC without further power of redelegation. Such a redelegation will identify, by position title, the subordinate official.

Note 2: Officials to whom authority is delegated in this directive will ensure that feedback is provided through official channels to keep the NASA Administrator informed of significant actions, problems, or other matters of substance related to this exercise of the authority delegated hereunder.

7. MEASUREMENT/VERIFICATION

Quality assurance activities and additional analysis of financial and budgetary reports will be used to measure compliance with this NPD.

8. CANCELLATION

a. NPD 9645.2E, Delegation of Authority - To Waive Claims for Erroneous Payment of Pay and Allowances, Travel, Transportation, and Relocation Expenses and Allowances, dated April 11, 2003.

b. NPR 9645.1, Claims for Erroneous Payment of Pay and Allowances, Travel and Transportation, Relocation Expenses and Allowances, September 30, 2008.

/s/ Jim Bridenstine
Administrator


ATTACHMENT: Acronyms

CFR - Code of Federal Regulations

NASA - National Aeronautics and Space Administration

NPD - NASA Policy Directive

NPR - NASA Procedural Requirements

NSSC - NASA Shared Services Center

OCFO - Office of the Chief Financial Officer

OMB - Office of Management and Budget

Pub. L. - Public Law

U.S.C. - United States Code

Appendix B: Provisions

B.1 Generally, a waiver is precluded when an employee, or other person having an interest in obtaining a waiver, receives a significant unexplained increase in pay or allowances, or otherwise knew, or reasonably should have known, that an erroneous payment occurred and failed to make inquiries or bring the matter to the attention of the appropriate officials. Waivers are also precluded if there exists in connection with the claim an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim. A waiver under this standard depends on the facts of the particular case. The facts upon which a waiver is based are recorded in detail in the decision granting the waiver and made a part of the written record.

B.2 Employee hardship or detriment caused by collection is not to be considered in a waiver of erroneous pay or allowances.

B.3 An erroneous travel advance is appropriate for waiver, but only to the extent that the advance was made to cover expenses erroneously authorized; the employee relied on the authorization as proper; and the employee actually spent the advance on the duly authorized, but erroneous, travel orders. In addition, waiver is appropriate only to the extent that an employee is indebted to the Government for repayment of the amount advanced after the advance has been applied to legitimate expenses. For example, if an employee has legitimate expenses, the travel advance will first be applied against the legitimate expenses. Any outstanding amount of the advance left after such application to legitimate expenses can be considered for waiver. Therefore, notice of the right to request waiver will be sent to those employees who still have a net outstanding travel advance, after such advance has been applied to legitimate expenses.

B.4 Debts arising because NASA has to pay commercial carrier excess charges on a Government bill of lading are normally not subject to waiver consideration. These excess charges usually arise because the employee exceeded his or her authorized weight allowance or because the employee obtained extra services or insurance from the carrier. Another reason for the debt could be taxes associated with the services provided by the commercial carrier. The employee's resulting debt to NASA does not arise out of an erroneous payment to the employee and, therefore, is not subject to waiver consideration under 5 U.S.C. § 5584. However, waiver consideration may be appropriate in those cases where there was some Government error involved, such as erroneous orders.

Appendix C: References

C.1 Travel and Subsistence Expenses; Mileage Allowances, 5 U.S.C. ch. 57, subch. I.

C.2 Travel and Transportation Expenses; New Appointees, Student Trainees, and Transferred Employees, 5 U.S.C. ch. 57, subch. II.

C.3 Administrative Claims-Compensation and Leave, Deceased Employee's Accounts and Proceeds of Cancelled Checks for Veterans Benefits Payable to Deceased Beneficiaries, 5 CFR pt. 178, subpt. A.

C.4 Collection by Offset from Indebted Government Employees, 14 CFR § 1261.6.

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