Scope of Waiver Authority (2 U.S.C. 130c)
B-307681: May 2, 2006
- Full Report:
1. The Secretary of the Senate has the authority to waive claims for nonsalary compensation to the same extent that she may waive claims for salary payments. 2 U.S.C. 130c. The phrase "pay or allowances," as used in her waiver authority, includes all forms of remuneration made to an employee in addition to salary. 2. Neither the Secretary nor the U.S. Capitol Police may pay unpaid compensation to an individual employed in violation of the antinepotism statute, 5 U.S.C. 3110. The statute imposes an absolute prohibition on payment. It says that an individual employed in violation of the statute "is not entitled to pay, and money may not be paid from the Treasury" to pay such an individual. In these circumstances, only Congress through private relief legislation may authorize payment of unpaid compensation.