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COMPTROLLER GENERAL OF THE-UNITED STATES
WASHINGTON. D.C. .0548
B-197290 March 17, 1980
The Honorable Peter W. Rodino, Jr.
Chairman, Committee on the Judiciary
House of Representatives '5 i sSO
Dear Mr. Chairman: y- A
By letter of December 18, 1979, you requestedr/ -Iews on
H.R. 224] 96th Congress, 1st Session, a bill [t]o provide for
equitable waiver in the compromise and collection of Federal
claims.
N
The purpose of the Waiver Acts--5 U.S.C. § 5584, 10 U.S.C.
§ 2774 and 32 U.S.C. § 716--is to allow the waiver, either in
whole or in part, of a claim of the United States against an em-
ployee or former employee of a Federal agency or a member or
former member of the military service or National Guard arising
out of an erroneous payment of pay or allowances, the collection
of which would be against equity and good conscience and not in
the best interests of the United States.
The present bill is the successor to a bill, H. R. 13393,
originally introduced in the 94th Congress, 2d Session, at the
request of the General Accounting Office. We continue to
.believe that the bill should be passed to improve the waiver
process. In addition, we now recommend in section II of this
(report that the bill be expanded to allow waiver of overpay-
ments of travel and transportation expenses and allowances
and relocation expenses. And, should the Congress adopt our
recommendation to include travel, transportation, and reloca-
tion claims under the purview of the waiver statutes, we are
offering an alternative proposal in section III that would allow
agencies to consider all waiver claims without regard to any
monetary limitation. These objectives are discussed below.
I. MONETARY LIMITATION ON AGENCY WAIVER AUTHORITY
Under the present laws and regulations authorizing waiver
.of erroneous payments of pay and allowances, cases which have
been considered and recommended for waiver by an agency pur-
suant to standards prescribed by th6 Comptroller General must
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