(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.
1996—Subsec. (a). Pub. L. 104–316in 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”.
“(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].
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.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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