Appendix F to Part 282 - Requests for an Advance Decision
32:2.1.1.1.59.0.1.6.33 : Appendix F
Appendix F to Part 282 - Requests for an Advance Decision
(a) Who May Request an Advance Decision. A disbursing or
certifying official or the Head of a Component may request an
advance decision on a question involving:
(1) A payment the disbursing official or Head of the Component
shall make; or
(2) A voucher presented to a certifying official for
certification.
(b) Who May Render an Advance Decision. The following
officials are authorized to render an advance decision concerning
the matters indicated:
(1) The Secretary of Defense for requests involving claims
under:
(i) 31 U.S.C. 3702 for Uniformed Services members' pay,
allowances, travel, transportation, retired pay, and survivor
benefits, and by carriers for amounts collected from them for loss
or damage to property they transported at Government expense.
(ii) 31 U.S.C. 3702 that are not described in paragraph
(b)(1)(i) of this Appendix and that arise from the activity of a
DoD Component, when there is no other settlement authority
specifically provided by law.
(iii) 10 U.S.C. 2575, 10 U.S.C. 2771, 24 U.S.C. 420, 10 U.S.C.
4712, 10 U.S.C. 9712, 37 U.S.C. 554, and 32 U.S.C. 714. Appendix B
to this part describes these claims.
(2) The Director of the Office of Personnel Management for
requests involving claims for civilian employees' compensation and
leave.
(3) The Administrator of General Services for requests involving
claims for civilian employees' travel, transportation, and
relocation expenses.
(c) Where to Submit a Request. All requests described in
paragraph (b)(1) of this Appendix and all other requests arising
from the activity of a DoD Component (even if addressed to an
official outside the Department of Defense) must be sent through
the General Counsel of the Component concerned to the following
address: General Counsel, Department of Defense, 1600 Defense
Pentagon, Washington, DC 20301-1600.
(d) Content of a Request. Requests for an advance
decision must:
(1) Specifically request an advance decision pursuant to 31
U.S.C. 3529;
(2) Describe all the relevant facts;
(3) Explain the reasons (both factual and legal) the requester
considers the proposed payment to be questionable;
(4) Have attached vouchers, if any, and copies of all other
relevant documents relating to the proposed payment;
(5) Have attached a legal memorandum from the General Counsel of
the Component concerned that discusses the legality of the proposed
payment under the circumstances presented in the request; and
(6) Comply with any other requirements established by the
Director of the Office of Personnel Management or the Administrator
of General Services.
(e) Advance Decisions. The GC, DoD must take action under
paragraphs (e)(1), (e)(2), or (e)(3) of this Appendix, whichever
applies.
(1) If the request is described in paragraph (b)(1) of this
Appendix, the GC, DoD must review the request and issue an advance
decision, unless the GC, DoD elects to proceed under paragraph
(e)(3) of this Appendix.
(i) The GC, DoD must send the decision, through the General
Counsel of the Component concerned, to the requester, and must send
a copy of the decision to the Director, DOHA for publication
according to Appendix A to this part, paragraph (f).
(ii) The decision is controlling in the case; the reliance of
certifying and disbursing officials on it in their disposition of
the case is evidence that those officials have exercised due
diligence in the performance of their duties.
(iii) An advance decision is precedent in similar claims under
this part unless otherwise stated in the decision.
(2) If the request is not described in paragraph (b)(1) of this
Appendix, the GC, DoD must review the request and either:
(i) Forward the request to the appropriate advance decision
authority and notify the requester of that action; or
(ii) Return the request, through the General Counsel of the
Component concerned, to the requester, with a memorandum explaining
that under existing legal authorities a request for an advance
decision is not necessary. After considering the memorandum, the
requester may resubmit the request, through the General Counsel of
the Component concerned, to the GC, DoD. The GC, DoD must forward
the request to the appropriate advance decision authority, and
notify the requester of that action.
(3) If the request is described in paragraph (b)(1) of this
Appendix, and the claim is for not more than $250, the GC, DoD may
refer the request to the General Counsel, Defense Finance and
Accounting Service (DFAS). The General Counsel, DFAS, shall review
the request and issue an advance decision.
(i) The General Counsel, DFAS, must send the decision, through
the General Counsel of the Component concerned, to the requester,
and must send a copy of the decision to the GC, DoD.
(ii) The decision is controlling in the case; the reliance of
certifying and disbursing officials on it in their disposition of
the case is evidence that those officials have exercised due
diligence in the performance of their duties.
(iii) An advance decision issued by the General Counsel, DFAS,
under this paragraph is not precedent in similar claims under this
part.