That the Senate recede from its disagreement to the amendments of the House numbered 2, 3, 4, 5, 6, 7, 8, 9, and 10. WAYNE N. ASPINALL, HAROLD T. JOHNSON, Managers on the Part of the House. HENRY M. JACKSON, CLINTON P. ANDERSON, FRANK CHURCH, ERNEST GRUENING, THOMAS H. KUCHEL, PAUL J. FANNIN, Managers on the Part of the Senate. STATEMENT OF MANAGERS ON THE PART OF THE HOUSE The managers on the part of the House at the conference on the disagreeing votes between the two Houses on the amendments of the House to the bill, S. 20, to provide for a comprehensive review of national water resource problems and programs and for other purposes, submit this statement in explanation of the effect of the language agreed upon and recommended in the accompanying conference report. The language agreed upon is the language of the House with one exception. House amendment No. 1 includes a provision prohibiting appointment to the Commission of retired officers or employees of the United States. The conference committee recommends the removal of this language. Although, therefore, the conference report language contains no restriction on the appointment of a retired officer or retired civilian employee of the United States as a member of the National Water Commission, it is clear that the appointment of retired Federal officials who have been deeply involved in Federal water resources development activities would not be consistent with the administration's stated position on the composition of this Commission. In his testimony before the House committee, Secretary Udall stated: It [the Commission] is an outside Government approach to the problem on the assumption, I think, that when you look at the big water problems that we face in the next 25 or 50 years, that it is wise from time to time not merely to have Government agencies and Government people make studies but to have distinguished outside people who, perhaps, can detach themselves from the vested interests that Government agencies have. The administration's intention as thus stated was the basis for the House amendment. Thus, while removing this language from the legislation, the conference committee was in general agreement that only in unusual circumstances should consideration be given to the appointment of a retired Federal official as a member of the Commission, particularly an official who has had responsibilities closely related to Federal water programs. As agreed upon in conference, this legislation authorizes the establishment of a seven-member National Water Commission to conduct a comprehensive review of national water resource problems and programs and report thereon to the President and to the Congress within 5 years from the date of the act. This is to be a Presidential Commission which, in the President's words, "will be composed of the very best minds in the country" and "will examine our major water problems and develop recommendations, guidelines, and longrange plans for the most effective use of available water resources." (3) The House conferees want to reiterate the position of the House Committee on Interior and Insular Affairs as set out in its report: The job of the National Water Commission will be a difficult one. If the Commission is to be successful in accomplishing its mission, its recommendations must be susceptible of fulfillment. This means that the Commission cannot approach the difficult problems involved in its mission without considering the views of all parties and interests involved. It must therefore work very closely not only with Federal departments and agencies having responsibilities in the water field but also the States and public and private groups which will be affected by its studies and recommendations. The Commission must foster full discussion of the complicated and controversial water issues of this Nation and attempt, through negotiations and understanding, to forge a consensus. While the objective of this review of national water resource problems and programs is to improve water management and provide for maximum and best use of our water resources in the future and to assist in the formulation of consistent and effective national policies, it is not intended that the planning of urgently needed water resources development projects, or recommendations of the executive agencies concerning such projects, be delayed while the work of the Commission is underway. Neither is it intended that the Commission take a position on specific project proposals. 90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session REPORT No. 1863 WAIVER OF CLAIMS FOR OVERPAYMENT OF PAY SEPTEMBER 4, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to printed Mr. UDALL, from the Committee on Post Office and Civil Service, submitted the following REPORT [To accompany H.R. 17954] The Committee on Post Office and Civil Service, to whom was referred the bill (H.R. 17954) to correct certain inequities and relieve certain liabilities arising out of overpayments of compensation to Government employees as a result of administrative error in the application of certain provisions of the Classification Act of 1949, the Federal Employees Salary Act of 1964, and other provisions of law, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. AMENDMENTS The amendments are as follows: Strike out all after the enacting clause and insert in lieu thereof the following: That (a) subchapter VIII of chapter 55 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§ 5584. Claims for overpayment of pay "(a) A claim of the United States against a person arising out of an erroneous payment of pay, on or after July 1, 1960, to an employee of an Executive 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 Comptroller General of the United States; or "(2) the head of the Executive agency when "(A) the claim is in an amount aggregating not more than $500; "(B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable official; and "(C) the waiver is made in accordance with standards which the Comptroller General shall prescribe. "(b) The Comptroller General or the head of the Executive 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; or "(2) after the expiration of 3 years immediately following the date on which the erroneous payment of pay was discovered or 3 years immediately following the effective date of this section, whichever is later. "(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 employing agency at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that employing agency for that refund within 2 years following the effective date of the waiver. The employing agency shall pay that refund in accordance with this section. "(d) In the audit and settlement of the accounts of any accountable 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 statute to litigate, settle, compromise, or waive any claim of the United States.". (b) The table of contents of subchapter VIII of chapter 55 of title 5, United States Code, is amended by inserting the following new item immediately below item 5583: "5584. Claims for overpayment of pay.". Amend the title so as to read: To amend title 5, United States Code, to authorize the waiver, in certain cases, of claims of the United States arising out of erroneous payments of pay to employees of Executive agencies and for other purposes. EXPLANATION OF AMENDMENTS There are two amendments; an amendment to the text, which strikes out all after the enacting clause and inserts a new text, and an amendment to the title. The amendment to the text provides general authority for the Comptroller General or the head of an executive agency to waive, in certain cases, claims of the United States arising out of erroneous payments of pay to employees of executive agencies. The introduced. bill would have waived claims of the United States arising out of erroneous payments of pay in six specific categories or situations. The explanation of the amendment to the text is included in this report under "Explanation of the bill." The amendment ot the title is a technical amendment to conform the title to the amendment ot the text. PURPOSE It is the purpose of this legislation to authorize a systematic procedure for the Comptroller General or the head of an executive agency to waive, in certain cases, claims of the United States arising out of erroneous payments of pay to employees of executive agencies. STATEMENT The bill, as reported with committee amendments, is based on recommendations made by the administration and the General Accounting Office in their reports on the bill as introduced, and on similar recom |