2 U.S.C. § 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

FEDERAL · 2 U.S.C. · Chapter SUBCHAPTER II—HOUSE OF REPRESENTATIVES

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

2 U.S.C. § 4554

ChapterSUBCHAPTER II—HOUSE OF REPRESENTATIVES

PartB

This text of 2 U.S.C. § 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) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

2 U.S.C. § 4554.

Text

(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.

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(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.

Source Credit

History

(Pub. L. 93–359, §3, July 25, 1974, 88 Stat. 395; Pub. L. 104–186, title II, §204(76), Aug. 20, 1996, 110 Stat. 1742; Pub. L. 104–316, title I, §102(c), Oct. 19, 1996, 110 Stat. 3828.)

Editorial Notes

Editorial Notes

Codification
Section was formerly classified to section 130d of this title prior to editorial reclassification and renumbering as this section.

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".

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Bluebook (online)

2 U.S.C. § 4554, Counsel Stack Legal Research, https://law.counselstack.com/usc/2/4554.