§1934 — Title 2 The Congress | U.S. Code

Summary

The Chief of the U.S. Capitol Police can forgive all or part of money the government would otherwise try to collect after a mistaken payment of pay or allowances to a Capitol Police officer or employee, but not for travel or transportation pay. Both the Chief Administrative Officer of the House and the Secretary of the Senate must agree before the Chief can do this. The Chief must investigate each request and send a written report to those two officials. If the total claim is over $1,500, the Comptroller General may also investigate and report. The Chief cannot forgive the debt if there are signs of fraud, misrepresentation, fault, or bad faith, or if the request is made more than 3 years after the error was discovered. Forgiven amounts count as valid payments in audits. The Chief must create rules for this, with approval from the House and Senate officials. This applies to payments made after the Chief became the Capitol Police disbursing officer.

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.

Editorial Notes

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

§1934 Waiver by Chief of Capitol Police of Claims Arising Out of Erroneous Payments to Officers and Employees

Summary

Title 2, §1934

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Editorial Notes

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