(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.
1996—Subsec. (a). Pub. L. 104–316struck 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.
Subsec. (b). Pub. L. 104–186substituted “Chief Administrative Officer” for “Clerk”.
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
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Description of Change
Statutes at Large
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