§ 130c. — 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.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC130c]
TITLE 2--THE CONGRESS
CHAPTER 4--OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES
Sec. 130c. 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
(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
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) Prohibition of waiver
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) Credit for waiver
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) Effect of waiver
An erroneous payment, the collection of which is waived under this
section, is deemed a valid payment for all purposes.
(e) 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.
(f) Rules and regulations
The Secretary of the Senate shall promulgate rules and regulations
to carry out the provisions of this section.
(Pub. L. 93-359, Sec. 2, July 25, 1974, 88 Stat. 394; Pub. L. 103-69,
title III, Sec. 315, Aug. 11, 1993, 107 Stat. 713; Pub. L. 104-316,
title I, Sec. 102(b), Oct. 19, 1996, 110 Stat. 3828.)
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''.
Effective Date of 1996 Amendment
Section 101(e) of title I of Pub. L. 104-316 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.--Sections 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.''
