Page:United States Statutes at Large Volume 88 Part 1.djvu/438

 394

"Agency.

Vice President, Senator or Senate employees, waiver by Secretary of Senate. 2 USC 130c.

Investigation, report to Secretary of Senate.

Time limitation.

Savings provision. Rules and regulations.

PUBLIC LAW 93-359-JULY 25, 1974

[88 STAT.

Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden,"; and (B) strike out "the effective date of the amendment authorizing the waiver of allowances, whichever is later." and insert in lieu thereof "October 2, 1972, whichever is later; or". (4) At the end of subsection (b), add the following new clause: "(4) in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if 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 or 3 years immediately following the date on which this clause (4) is enacted into law, whichever is later." (5) At the end of the section, add the following new subsection: " (g) For the purpose of this section, 'agency' means— " (1) an Executive agency; " (2) the Government Printing Office; " (3) the Library of Congress; " (4) the Office of the Architect of the Capitol; and " (5) the Botanic Garden.". SEC. 2. (a) 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 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 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 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 to litigate, settle, compromise, or waive any claim of the United States. (f) The Secretary of the Senate shall promulgate rules and regulations to carry out the provisions of this section.

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