B-307529, United States Capitol Police--Waiver of Erroneous Salary Payments, March 28, 2006

B-307529 Mar 28, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights The transfer of the disbursing authority for United States Capitol Police (USCP) employees from the Secretary of the Senate and the Chief Administrative Officer of the House to the Chief of Police did not also transfer the authority to waive collection of erroneous payments, because Public Law 108-7 only transferred the functions, duties, and authorities of the Secretary and the Chief Administrative Officer as disbursing officers, and waiver of erroneous payments is not a function of a disbursing officer. Authority to waive erroneous payments made to USCP employees remains with the Speaker of the House and the Secretary of the Senate. To avoid implementation problems, GAO recommends that Congress consider addressing this issue to ensure equitable and efficient consideration of USCP employees' applications for waiver. View Decision B-307529, United States Capitol Police--Waiver of Erroneous Salary Payments, March 28, 2006 B-307529 March 28, 2006 The Honorable Trent Lott Chairman Committee on Rules and Administration United States Senate Subject: United States Capitol Police—Waiver of Erroneous Salary Payments Dear Mr. Chairman: This responds to your request of March 6, 2006, for our legal opinion with regard to the waiver of erroneous salary payments to an employee of the United States Capitol Police (USCP). Specifically, you asked us: (1) Is the waiver authority a –function, duty, or authority— of a disbursing officer that was transferred to the Capitol Police Chief as a result of Public Law 108-7? (2) If not, then does the waiver authority remain with the Secretary of the Senate and the Speaker of the House? (3) If the waiver authority remains with the Secretary of the Senate and the Speaker of the House, then what is the procedure by which they exercise this authority? This issue arose because the USCP appears to have made salary payments to an employee in violation of 5 U.S.C. sect. 3110.[1] As we explain below, waiving erroneous payments is not a statutory function, duty, or authority of a disbursing officer. The authority to waive erroneous payments must be explicit in statute. Therefore, the passage of Public Law 108-7 did not transfer the waiver authority for USCP employees, and the Speaker of the House and the Secretary of the Senate have concurrent authority to waive erroneous payments to USCP employees. To avoid implementation problems, we recommend that Congress consider addressing the issue of the concurrent waiver authority to reduce duplication of effort and the potential for conflicting results. BACKGROUND Since 1974, the Secretary of the Senate and the Speaker of the House have had the authority to waive the collection of erroneous payments of salary or allowances for employees of the Senate and the House, respectively. 2 U.S.C. sections 130c, 130d. Under this statutory authority, the Secretary and the Speaker may waive erroneous payments if collection would be against equity and good conscience and not in the best interests of the United States. 2 U.S.C. sections 130c(a), 130d(a). Prior to 2003, USCP employees were considered employees of either the House of Representatives or the Senate and their salaries were disbursed by either the Chief Administrative Officer of the House or the Secretary of the Senate. See, e.g., Pub. L. No. 107-68, 115 Stat. 560, 575 (Nov. 12, 2001). Therefore, before 2003, USCP employees who received an erroneous payment could apply for waiver to either the Speaker of the House or the Secretary of the Senate, depending on whether the Chief Administrative Officer or the Secretary disbursed their salary. In 2003, Congress designated the Chief of Police as the single disbursing officer for the USCP. Pub. L. No. 108-7, div. H, title I, sect. 1018, 117 Stat. 11, 366-69 (Feb. 20, 2003), 2 U.S.C. sect. 1907. This provision stated: –Any statutory function, duty, or authority of the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate as disbursing officers for the Capitol Police shall transfer to the Chief of the Capitol Police as the single disbursing officer for the Capitol Police.— 2 U.S.C. sect. 1907(a)(2). The same statute also granted the Chief the authority to hire USCP employees, who are no longer considered to be House or Senate employees. 2 U.S.C. sect. 1907(e). ANALYSIS (1) Is the waiver authority a –function, duty, or authority— of a disbursing officer that was transferred to the Capitol Police Chief as a result of Public Law 108-7? In designating the Chief of Police as the single disbursing officer for the USCP, Congress transferred all statutory functions, duties, and authorities of the Chief Administrative Officer and the Secretary –as disbursing officers for the Capitol Police.— 2 U.S.C. sect. 1907(a)(2).