§ 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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Pub. L. 93–359 § 3 · 88 Stat. 393

   Enacted · 2 U.S.C. § 4554

   Pub. L. 93–359, § 3, July 25, 1974, 88 Stat. 395

   Source evidence

   Code source credit
   Pub. L. 93–359, § 3, July 25, 1974, 88 Stat. 395

   Enacted provision · exact public law section
   Sec. 3. (a) A claim of the United States against a person arising House officers or employees, waiver by Clerk of the House. 2 USC 130d. out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after the date of enactment of this section, to an officer or employee whose pay is disbursed by the Clerk 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, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official. (b) An application for waiver of a claim shall be investigated by Investigation, report to Speaker of the House. the Clerk of the House of Representatives who shall submit a written report of his investigation to the Speaker of the House. (c) 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 Time limitation. the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered. (d) 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) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. (f) This section does not affect any authority under any other law Savings provision. to litigate, settle, compromise, or waive any claim of the United States. (g) The Speaker of the House shall prescribe rules and regulations Rules and regulations. to carry out the provisions of this section.

2. 1996

   House of Representatives Administrative Reform Technical Corrections Act

   Pub. L. 104–186 title II § 204(76) · 110 Stat. 1718

   Substituted · 2 U.S.C. § 4554(a)

   Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.

   Enacted provision · exact public law section
   (76) Subsection (a) and subsection (b) of section 3 of the Act entitled “An Act to authorize the waiver of claims of the United States arising out of erroneous payments of pay and allowances to certain officers and employees of the legislative branch”, approved July 25, 1974 (2 U.S.C. 130d(a) and (b)), are each amended by striking out “Clerk” and inserting in lieu thereof “Chief Administrative Officer”.

3. 1996

   House of Representatives Administrative Reform Technical Corrections Act

   Pub. L. 104–186 title II § 204(76) · 110 Stat. 1718

   Substituted · 2 U.S.C. § 4554(b)

   Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.

   Enacted provision · exact public law section
   (76) Subsection (a) and subsection (b) of section 3 of the Act entitled “An Act to authorize the waiver of claims of the United States arising out of erroneous payments of pay and allowances to certain officers and employees of the legislative branch”, approved July 25, 1974 (2 U.S.C. 130d(a) and (b)), are each amended by striking out “Clerk” and inserting in lieu thereof “Chief Administrative Officer”.

4. 1996

   General Accounting Office Act of 1996

   Pub. L. 104–316 title I § 102(c) · 110 Stat. 3826

   Struck · 2 U.S.C. § 4554(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (c) Waiver of Erroneous Payments in the House of Representatives.— Section 3(a) of the Act of July 25, 1974 (Public Law 93–359; 88 Stat. 395; 2 U. S. C. 130d(a)) is amended, in the first sentence, by striking “, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official”.

4 of 4 references resolved to an enrolled provision