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B-307681 1 (2006-05-02)

handle is hein.gao/gaocrptasto0001 and id is 1 raw text is: SGAO Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-307681 May 2, 2006 The Honorable Emily J. Reynolds Secretary of the Senate Subject: Scope of WaiverAuthority (2 US. C §-130c) Dear Ms. Reynolds: This responds to your April 10, 2006, request for our opinion regarding your authority under 2 U.S.C. § 130c to waive a claim for the amount of erroneous salary payments made to a former United States Capitol Police (USCP) employee in violation of the antinepotism statute, 5 U.S.C. § 3110. Section 3110 prohibits a public official from employing a relative in an agency in which he exercises jurisdiction or control and prohibits payment to an individual so employed. Section 130c authorizes you to waive claims for erroneous payments of any pay or allowances to any officer or employee whose pay is disbursed by the Secretary of the Senate, as well as officers or employees whose pay is disbursed by the Chief of the Capitol Police. Specifically, you ask (1) whether your authority under section 130c permits you to waive claims for erroneous payments of nonsalary compensation, and (2) whether you or USCP officials may authorize payment of unpaid compensation under section 130c or any other statute or principle of federal law. For the reasons provided below, we conclude that section 130c permits you to waive claims for erroneous payments of nonsalary compensation to the same extent that you may waive claims for salary payments. However, neither you nor the USCP may authorize payments of any unpaid compensation. BACKGROUND The antinepotism statute provides that A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official.

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