§ 4593. 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

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 § 2 · 88 Stat. 393

   Enacted · 2 U.S.C. § 4593

   Pub. L. 93–359, § 2, July 25, 1974, 88 Stat. 394

   Source evidence

   Code source credit
   Pub. L. 93–359, § 2, July 25, 1974, 88 Stat. 394

   Enacted provision · exact public law section
   Sec. 2. (a) A claim of the United States against a person arising Vice President, Senator or Senate employees, waiver by Secretary of Senate. 2 USC 130c. 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 Act, 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, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official. An application Investigation, report to Secretary of Senate. 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 $500 shall 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) 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 Time limitation. the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered. (c) 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) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. (e) 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. (f) The Secretary of the Senate shall promulgate rules and regulations Rules and regulations. to carry out the provisions of this section.

2. 1993

   Legislative Branch Appropriations Act, 1994

   Pub. L. 103–69 title III § 315 · 107 Stat. 692

   Substituted · 2 U.S.C. § 4593(a)

   Pub. L. 103–69 substituted “$1,500” for “$500”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–69 substituted “$1,500” for “$500”.

   Enacted provision · exact public law section
   Sec. 315. Section 2(a) of the Act of July 25, 1974 (2 U.S.C. 130c(a)) is amended by deleting “$500” and inserting in lieu thereof “$1,500”.

3. 1996

   General Accounting Office Act of 1996

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

   Substituted · 2 U.S.C. § 4593(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Waiver of Erroneous Payments in the Senate.— Section 2(a) of the Act of July 25, 1974 (Public Law 93–359; 88 Stat. 394; 2 U. S. C. 130c(a)) is amended— (1) 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”; and (2) in the third sentence by striking “shall” the first place it appears and inserting “may”.

   Effective date note
   Pub. L. 104–316, title I, § 101(e), Oct. 19, 1996, 110 Stat. 3827, provided that:

3 of 3 references resolved to an enrolled provision