2 USC 1934 – Waiver by Chief of Capitol Police of claims arising out of erroneous payments to officers and employees
(a) Waiver of claim
Subject to the joint approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, the Chief of the United States Capitol Police may waive in whole or in part 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, to an officer, member, or employee of the United States Capitol Police, if the collection of the claim would be against equity and good conscience and not in the best interests of the United States.
(b) Investigation of application; report
Terms Used In 2 USC 1934
- Fraud: Intentional deception resulting in injury to another.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
The Chief shall investigate each application for the waiver of a claim under subsection (a) and shall submit a written report of the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, except that if the aggregate amount of the claim involved exceeds $1,500, the Comptroller General may also investigate the application and submit a written report of the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate.
(c) Prohibition of waiver under certain circumstances
The Chief may not exercise the authority to waive a claim under subsection (a) if—
(1) in the Chief’s 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, member, or employee involved or of any other person having an interest in obtaining a waiver of the claim; or
(2) the Chief receives the application for the waiver after the expiration of the 3-year period that begins on the date on which the erroneous payment of pay or allowances was discovered.
(d) Credit for waiver
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 subsection (a).
(e) Effect of waiver
An erroneous payment, the collection of which is waived under subsection (a), 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
Subject to the approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, the Chief shall promulgate rules and regulations to carry out this section.
(h) Effective date
This section shall apply with respect to payments of pay and allowances made at any time after the Chief became the disbursing officer for the United States Capitol Police pursuant to section 1907(a) of this title.