Request for Waiver of Valid Debt

An employee of the Forest Service asked for relief from liability of a debt owed to the account of the United States which resulted from his receipt of an erroneous overpayment of travel and relocation expenses incident to his appointment with the Forest Service. The record shows that the employee was authorized and reimbursed full transfer of station benefits in connection with his transfer of employment from the U.S. Postal Service to the Forest Service. After administrative review, the Forest Service determined that the employee was not entitled to reimbursement as a transferred employee. Rather, he was only entitled to travel and transportation expenses as a new appointee to a manpower shortage position. This determination was made as legislation excludes the Postal Service from the definition of executive agency and, therefore, Postal Service employees who transfer to executive agencies are considered analogous to new employees. However, the definitive ruling that Postal Service employees be excluded from the definition of executive agency was issued, received, and reviewed at a time subsequent to the employee's travel authorization. In considering the equities of the employee's case, the Forest Service sought the concurrence of the Comptroller General in its proposed decision not to undertake action for repayment by the employee. In a previous decision, GAO held that the erroneous overpayment constituted a valid debt which the employee owed to the account of the United States, and that it could not terminate or waive the employee's indebtedness. However, GAO believed that the employee's claim deserved the consideration of Congress as a meritorious claim. Subsequently, they recommended to Congress that the employee be relieved from liability for an erroneous overpayment of travel and relocation expenses. In accordance, with this action the Forest Service is hereby authorized to suspend further collection action on the employee's debt pending congressional consideration of the report and recommendation for the employee's relief.