§4593 — Title 2 The Congress | U.S. Code

Summary

The Secretary of the Senate can forgive (waive) some mistaken pay or allowance payments made on or after July 25, 1974, to the Vice President, a Senator, or a Senate officer or employee paid by the Secretary. Travel and transportation pay are not covered. If collecting the money would be unfair or not in the government’s best interest, the Secretary may cancel the claim. The Financial Clerk must investigate and report. If the amount is more than $1,500, the Comptroller General may also investigate and report. The Secretary cannot waive a claim if there is fraud, misrepresentation, fault, or bad faith, or if the waiver request comes more than 3 years after the error was discovered. Waived amounts must be credited in audits and are treated as valid payments. Other legal powers to settle or sue are unchanged. The Secretary must create rules to carry this out.

Title 2, §4593

The Congress — Source: USLM XML via OLRC

(a)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, on or after July 25, 1974, to the Vice President, a Senator, or to an officer or employee whose pay is disbursed by the Secretary of the Senate, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Secretary of the Senate. An application for waiver shall be investigated by the Financial Clerk of the Senate who shall submit a written report of his investigation to the Secretary of the Senate. An application for waiver of a claim in an amount aggregating more than $1,500 may also be investigated by the Comptroller General of the United States who shall submit a written report of his investigation to the Secretary of the Senate.

(b)The Secretary of the Senate may not exercise his authority under this section to waive any claim—

(1)if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the Vice President, the Senator, the officer or employee, or any other person having an interest in obtaining a waiver of the claim; or

(2)if the application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered.

(c)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 this section.

(d)An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes.

(e)This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.

(f)The Secretary of the Senate shall promulgate rules and regulations to carry out the provisions of this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 130c of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Subsec. (a). Pub. L. 104–316 in first sentence struck out “, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official” after “in part by the Secretary of the Senate”, and in third sentence substituted “$1,500 may also” for “$1,500 shall also”. 1993—Subsec. (a). Pub. L. 103–69 substituted “$1,500” for “$500”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 Amendment Pub. L. 104–316, title I, § 101(e), Oct. 19, 1996, 110 Stat. 3827, provided that: “(1) In general.—Except as provided in paragraph (2), this title [see Tables for classification] shall take effect on the date of enactment of this Act [Oct. 19, 1996]. “(2) Exceptions.—section 103(d), 105(b), and 116 [amending section 5584 of Title 5, Government Organization and Employees, section 2774 of Title 10, Armed Forces, and section 716 of Title 32, National Guard] shall take effect 60 days after the date of enactment of this Act.”

§4593 Waiver by Secretary of Senate of claims of United States arising out of erroneous payments to Vice President, Senator, or Senate employee paid by Secretary of Senate