§ 130d. — 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.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC130d]
TITLE 2--THE CONGRESS
CHAPTER 4--OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES
Sec. 130d. 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
(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.
(Pub. L. 93-359, Sec. 3, July 25, 1974, 88 Stat. 395; Pub. L. 104-186,
title II, Sec. 204(76), Aug. 20, 1996, 110 Stat. 1742; Pub. L. 104-316,
title I, Sec. 102(c), Oct. 19, 1996, 110 Stat. 3828.)
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''.
