2 U.S.C. § 4554: Waiver by Speaker of House of…

Summary

The Speaker of the House may forgive all or part of a debt the United States has when an officer or employee paid by the House’s Chief Administrative Officer was paid the wrong amount on or after July 25, 1974 (this does not cover travel or transportation pay). The Speaker can only waive the debt if collecting it would be unfair or not in the government’s best interest. The Chief Administrative Officer must investigate any request and give a written report to the Speaker. The Speaker cannot waive a debt if there are signs of fraud, misrepresentation, fault, or bad faith, or if the waiver request arrives more than 3 years after the mistaken payment was discovered. Audits must give full credit for amounts waived, waived payments count as valid, other legal authorities to handle claims are unchanged, and the Speaker must create rules to run this process.

Title 2, §4554

The Congress, Source: USLM XML via OLRC

(a)Waiver of claim for erroneous payment of pay or allowances

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 an officer or employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives, 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 Speaker of the House.

(b)Investigation and report

An application for waiver of a claim shall be investigated by the Chief Administrative Officer of the House of Representatives who shall submit a written report of his investigation to the Speaker of the House.

(c)Prohibition of waiver

The Speaker of the House 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 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.

(d)Credit for waiver

In the audit and settlement of the 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.

(e)Effect of waiver

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

(f)Construction with other laws

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

(g)Rules and regulations

The Speaker of the House shall prescribe rules and regulations to carry out the provisions of this section.

Notes & Related Subsidiaries

Editorial Notes

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

Amendments

1996—Subsec. (a). Pub. L. 104–316 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” before period at end. Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”. Subsec. (b). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.

§4554 Waiver by Speaker of House of Claims of United States Arising Out of Erroneous Payments to Officers or Employees Paid by Chief Administrative Officer of House

Summary

Title 2, §4554

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata