Title 2The CongressRelease 119-73

§1934 Waiver by Chief of Capitol Police of claims arising out of erroneous payments to officers and employees

Title 2 › Chapter CHAPTER 29— - CAPITOL POLICE › Subchapter SUBCHAPTER I— - ORGANIZATION AND ADMINISTRATION › Part Part B— - Compensation and Other Personnel Matters › § 1934

Last updated Apr 6, 2026|Official source

Summary

The Chief of the U.S. Capitol Police can forgive all or part of money the government tries to collect when an officer or employee was paid by mistake. The Chief must get approval from the Chief Administrative Officer of the House and the Secretary of the Senate. This rule covers pay and allowances but not travel or transportation pay. The Chief can only forgive a claim if collecting it would be unfair and not in the government's best interest. The Chief must investigate every request and send a written report of the facts to the House and Senate officials. If the claim is more than $1,500, the Comptroller General may also investigate and report. The Chief cannot forgive a claim if there is any sign of fraud, lying, fault, or bad faith, or if the request comes more than 3 years after the mistake was found. Forgiven amounts count as credit in audits and are treated as valid payments. The Chief must write rules to run this process with the same approvals. This applies to payments made after the Chief became the disbursing officer for the U.S. Capitol Police.

Full Legal Text

Title 2, §1934

The Congress — Source: USLM XML via OLRC

(a)Subject to the joint approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, the Chief of the United States Capitol Police may waive in whole or in part a claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, to an officer, member, or employee of the United States Capitol Police, if the collection of the claim would be against equity and good conscience and not in the best interests of the United States.
(b)The Chief shall investigate each application for the waiver of a claim under subsection (a) and shall submit a written report of the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, except that if the aggregate amount of the claim involved exceeds $1,500, the Comptroller General may also investigate the application and submit a written report of the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate.
(c)The Chief may not exercise the authority to waive a claim under subsection (a) if—
(1)in the Chief’s opinion, there exists in connection with the claim an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer, member, or employee involved or of any other person having an interest in obtaining a waiver of the claim; or
(2)the Chief receives the application for the waiver after the expiration of the 3-year period that begins on the date on which the erroneous payment of pay or allowances was discovered.
(d)In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under subsection (a).
(e)An erroneous payment, the collection of which is waived under subsection (a), is deemed a valid payment for all purposes.
(f)This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.
(g)Subject to the approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, the Chief shall promulgate rules and regulations to carry out this section.
(h)This section shall apply with respect to payments of pay and allowances made at any time after the Chief became the disbursing officer for the United States Capitol Police pursuant to section 1907(a) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.

Reference

Citations & Metadata

Citation

2 U.S.C. § 1934

Title 2The Congress

Last Updated

Apr 6, 2026

Release point: 119-73