An Act to authorize the waiver of claims of the United States arising out of erroneous payments of pay and allowances to certain officers and employees of the legislative branch.
PL 93-359 (S.1803), enacted 07/25/1974

Presidential 
appointee. 
88 STAT. ] 
PUBLIC LAW 93-359-JULY 25, 1974 
393 
(B) by striking out "fourteen" in the second sentence 
thereof and inserting in lieu thereof "fifteen"; 
(C) by striking out "and other severely handicapped indi-
viduals." in paragraph (2) (A) and inserting in lieu thereof 
a period; and 
(D) by redesignating subparagraphs (B) and (C) of 
paragraph (2) as subparagraphs (C) and (D), respectively, 
and inserting after subparagraph (A) the following new 
subparagraph: 
"(B) The President shall appoint one member from persons who 
are not officers or employees of the Government and who are con-
versant with the problems incident to the employment of other severely 
handicapped individuals.". 
(2) Section 1(d) is amended— 
41 use 46. 
(A) by striking out "paragraphs (2) and (3)" in para-
graph (1) and inserting in lieu thereof "paragraphs (2), (3), 
and (4)"; and 
(B) by adding at the end thereof the following new 
paragraph: 
"(4) The member first appointed under paragraph (2) (B) of 
subsection (a) shall be appointed for a term of three years.". 
(3) Section 5 is amended— 
^1 use 48b. 
(A) by inserting after paragraph (4) the following new 
paragraph: 
"(5) The term 'direct labor' includes all work required for 
preparation, processing, and packing of a commodity, or work 
directly relating to the performance of a service, but not super-
vision, administration, inspection, or shipping."; 
(B) by striking out paragraph (6); and 
(C) by redesignating paragraphs (7), (8), and (9) as 
paragraphs (6), (7), and (8), respectively. 
(4) Section 6 is amended to read as follows: 
"SEC. 6. There are authorized to be appropriated to the Committee 
to carry out this Act $240,000 for the fiscal year ending June 30,1974, 
and such sums as may be necessary for the succeeding fiscal years.". 
Approved July 25, 1974. 
Public Law 93-359 
AN ACT 
July 25, 1974 
To authorize the waiver of claims of the United States arising out of erroneous 
41 u s e 48c. 
[S.1803; 
payments of pay and allowances to certain officers and employees of the leg-
islative branch. 
Be it enacted hy the Senate and House of Befresentatives 
of the 
United States of America in CoTigress assembled^ That section 5584 of br^nc^h^^^*^^' 
title 5, United States Code, is amended as follows: 
Overpayment 
(1) Strike out "executive" wherever it appears in such section. 
claims, waiver. 
(2) In subsection (b) (2)— 
(A) immediately after "(2)" insert the following: "except in 
the case of employees of the Government Printing Office, the 
Library of Congress, the Office of the Architect of the Capitol, or 
the Botanic Garden,"; and 
( B) strike out "or" at the end thereof. 
(3) In subsection (b) (3)— 
(A) immediately after " ( 3 ) " insert the following "except in 
the case of employees of the Government Printing Office, the 
394 
PUBLIC LAW 93-359-JULY 25, 1974 
[88 STAT. 
"Agency. 
Vice President, 
Senator or Senate 
employees, waiver 
by Secretary of 
Senate. 
2 u s e 130c. 
Investigation, 
report to Secretary 
of Senate. 
Time limitation. 
Savings provi-
sion. 
Rules and regu-
lations. 
Library of Congress, the Office of the Architect of the Capitol, 
or the Botanic Garden,"; and 
(B) strike out "the effective date of the amendment authorizing 
the waiver of allowances, whichever is later." and insert in lieu 
thereof "October 2, 1972, whichever is later; or". 
(4) At the end of subsection (b), add the following new clause: 
"(4) in the case of employees of the Government Printing 
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 3 years immediately 
following the date on which the erroneous payment of pay or 
allowances was discovered or 3 years immediately following the 
date on which this clause (4) is enacted into law, whichever is 
later." 
(5) At the end of the section, add the following new subsection: 
"(g) For the purpose of this section, 'agency' means— 
" (1) an Executive agency; 
" (2) the Government Printing Office; 
" (3) the Library of Congress; 
" (4) the Office of the Architect of the Capitol; and 
" (5) the Botanic Garden.". 
SEC. 2. (a) 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 the 
date of enactment of this Act, 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, if the 
claim is not the subject of an exception made by the Comptroller 
General in the account of any accountable officer or official. An applica-
tion 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 $500 shall 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) 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) 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 this section. 
(d) An erroneous payment, the collection of which is waived under 
this section, is deemed a valid payment for all purposes. 
(e) This section does not affect any authority under any other law 
to litigate, settle, compromise, or waive any claim of the United States. 
(f) The Secretary of the Senate shall promulgate rules and regula-
tions to carry out the provisions of this section. 
88 STAT. ] 
PUBLIC LAW 93-360-JULY 26, 1974 
395 
2 u s e 130(1. 
Investigation, 
report to Speaker 
of the House, 
SEC. 3. (a) A claim of the United States against a person arising oT^e°m^io°"e''^''^ 
out of an erroneous payment of any pay or allowances, other than waiver by cieVk 
travel and transportation expenses and allowances, on or after the date °^ the House. 
of enactment of this section, to an officer or employee whose pay is dis-
bursed by the Clerk of the House of Representatives, 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 Speaker of the House, if the claim is not the subject of an excep-
tion made by the Comptroller General in the account of any accounta-
ble officer or official. 
(b) An application for waiver of a claim shall be investigated by 
the Clerk of the House of Representatives who shall submit a written 
report of his investigation to the Speaker of the House. 
(c) The Speaker of the House 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 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. 
(d) In the audit and settlement of the 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 this section. 
(e) An erroneous payment, the collection of which is waived under 
this section, is deemed a valid payment for all purposes. 
(f) This section does not affect any authority under any other law 
to litigate, settle, compromise, or waive any claim of the United States. 
(g) The Speaker of the House shall prescribe rules and regulations 
to carry out the provisions of this section. 
Approved July 25, 1974. 
Time limitation. 
Savings provi-
sion. 
Rules and 
regulations. 
Public Law 93-360 
AN ACT 
To amend the National Labor Relations Act to extend its coverage and protection 
to employees of nonprofit hospitals, and for other purposes. 
July 26, 1974 
[S.3203] 
Be it enacted by the /Senate and House of Representatives 
of the 
United /States of America in Congress assemhled, That (a) section 
2(2) of the National Labor Relations Act is amended by striking out 
"or any corporation or association operating a hospital, if no part of 
the net earnings inures to the benefit of any private shareholder or 
individual,". 
(b) Section 2 of such Act is amended by adding at the end thereof 
the following new subsection: 
"(14) The term 'health care institution' shall include any hos-
pital, convalescent hospital, health maintenance organization, 
health clinic, nursing home, extended care facility, or other in-
stitution devoted to the care of sick, infirm, or aged person.". 
(c) The last sentence of section 8(d) of such Act is amended by 
striking out the words "the sixty-day" and inserting in lieu thereof 
"any notice" and by inserting before the words "shall lose" a comma 
and the following: "or who engages in any strike within the appro-
priate period specified in subsection (g) of this section,". 
National Labor 
Relations Act, 
amendments. 
29 u s e 152. 
"Health care 
institution." 
29 u s e 158. 
Post, p. 396.