International Affairs:

[Comments on Export-Import Bank's Request for Erroneous Payment Waivers]

B-272467.2, Aug 28, 1998

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GAO's authority under 5 U.S.C. 5584, 10 U.S.C. 2774, and 32 U.S.C. 716 to waive claims arising out of erroneous payments to federal employees and members of the uniformed services and National Guard included authority to reconsider waiver actions at the request of the person from whom collection was sought or the agency that made the erroneous payment, and to reverse such actions where appropriate. When this waiver authority was transferred to the Executive Branch agency that made the erroneous payment, pursuant to Pub. L. No. 104-316, 110 Stat. 3826 (1996), the recipient agency received the same authority GAO had previously, including the authority to reverse its own waiver actions when they were based on a material mistake of fact, error of law, fraud, or misrepresentation. The agency's authority also includes authority to reverse a prior GAO waiver action with respect to an agency employee, including reversing a waiver GAO granted, upon showing that GAO's action was based on a material mistake of fact, error of law, fraud, or misrepresentation.