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2 U.S.C. § 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

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 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

**(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 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. 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 $1,500 may 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) Prohibition of waiver** 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) 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 w

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Source file: Laws/federal/codes/united-states-code/title-2/section-4593-waiver-by-secretary-of-senate-of-claims-of-united-states-arising-out-of--423154ba5d.md
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Source location: Title 2, Chapter 45, § 4593; chapter-045-congressional-pay-and-benefits.md

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 716 — Claims for overpayment of pay and allowances, and travel and transportation allowances

**(a)** A claim of the United States against a person arising out of an erroneous payment of any pay or allowances made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances, to or on behalf of a member or former member of the National Guard, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by— (1) the Director of the Office of Management and Budget; or (2) the Secretary concerned, as defined in [section 101(5) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101/5&num=0&edition=prelim), when— (A) the claim is in an amount aggregating not more than $10,000; and (B) the waiver is made in accordance with standards which the Director of the Office of Management and Budget shall prescribe. **(b)** The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, 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 member or any other person having an interest in obtaining a waiver of the claim; or (2) if application for waiver is received in his office after the expiration of five years immediately following the date on which the erroneous payment was discovered. **(c)** A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5584 — Claims for overpayment of pay and allowances, and of travel, transportation and relocation expenses and allowances

**(a)** A claim of the United States against a person arising out of an erroneous payment of pay or allowances made on or after July 1, 1960, or arising out of an erroneous payment of travel, transportation or relocation expenses and allowances, to an employee of an agency, 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— (1) the authorized official; (2) the head of the agency when— (A) the claim is in an amount aggregating not more than $1,500; and (B) the waiver is made in accordance with standards which the authorized official shall prescribe; or (3) the Director of the Administrative Office of the United States Courts when the claim is in an amount aggregating not more than $10,000 and involves an officer or employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or any of the courts set forth in [section 610 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section610&num=0&edition=prelim). **(b)** The authorized official or the head of the agency, as the case may be, 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 employee or any other person having an interest in obtaining a waiver of the claim; (2) except in the case of employees of the Government Publishing 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 three years immediately following the date on which the erroneou

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 130c — Transferred

### Statutory Notes #### Codification Section 130c was editorially reclassified as [section 4593 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section4593&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2774 — Claims for overpayment of pay and allowances and of travel and transportation allowances

**(a)** A claim of the United States against a person arising out of an erroneous payment of any pay or allowances made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances, to or on behalf of a member or former member of the uniformed services, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by— (1) the Director of the Office of Management and Budget; or (2) the Secretary concerned, as defined in [section 101(5) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101/5&num=0&edition=prelim), when— (A) the claim is in an amount aggregating not more than $10,000; and (B) the waiver is made in accordance with standards which the Director of the Office of Management and Budget shall prescribe. **(b)** The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, 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 member or any other person having an interest in obtaining a waiver of the claim; or (2) if application for waiver is received in his office after the expiration of five years immediately following the date on which the erroneous payment was discovered. **(c)** A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repai

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 4593 — Waiver by Secretary of Senate of claims of

Page 573 TITLE 2—THE CONGRESS § 4593 1See References in Text note below. 96 Stat. 849; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes CODIFICATION Section was formerly classified to section 60c–1 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 1982—Pub. L. 97–257 inserted reference to the Vice President. 1981—Pub. L. 97–51 substituted ‘‘Senators and officers and employees’’ for ‘‘officers (other than Senators) and employees’’, struck out cl. (1) which provided that all compensation for the month of December be payable on the twentieth of December, inserted ‘‘purposes of title 26 and for’’ after ‘‘For’’ in second sentence, and struck out provisions that, in cases in which officers or em- ployees of the Senate died during the month of Decem- ber and the full compensation of that officer or em- ployee for that month had been disbursed by the Sec- retary of the Senate before the Secretary received no- tice of the death, no recovery could be made of any por- tion of the compensation so disbursed. 1979—Pub. L. 96–38 provided that, in cases in which of- ficers or employees of the Senate die during the month of December and the full compensation of that officer or employee for that month has been disbursed by the Secretary of the Senate before the Secretary receives notice of the death, no recovery shall be made of any portion of the compensation so disbursed. 1971—Cl. (2). Pub. L. 92–136 inserted ‘‘(including any holiday on which the banks of the District of Columbia are closed p

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