§ 716. — Claims for overpayment of pay and allowances, and travel and transportation allowances.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 32USC716]
TITLE 32--NATIONAL GUARD
CHAPTER 7--SERVICE, SUPPLY, AND PROCUREMENT
Sec. 716. Claims for overpayment of pay and allowances, and
travel and transportation allowances
(a) A claim of the United States against a person arising out of an
erroneous payment of any pay or allowances made before, on, or after
October 2, 1972, or arising out of an erroneous payment of travel and
transportation allowances, to or on behalf of a member or former member
of the National Guard, the collection of which would be against equity
and good conscience and not in the best interest of the United States,
may be waived in whole or in part by--
(1) the Director of the Office of Management and Budget; or
(2) the Secretary concerned, as defined in section 101(5) of
title 37, when--
(A) the claim is in an amount aggregating not more than
$1,500; and
(B) the waiver is made in accordance with standards which
the Director of the Office of Management and Budget shall
prescribe.
(b) The Director of the Office of Management and Budget or the
Secretary concerned, 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 member or any other person having an
interest in obtaining a waiver of the claim; or
(2) if application for waiver is received in his office after
the expiration of three years immediately following the date on
which the erroneous payment was discovered.
(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
department concerned at the time of the erroneous payment, of the amount
repaid to the United States, if he applies to that department for that
refund within two years following the effective date of the waiver. The
Secretary concerned shall pay from current applicable appropriations
that refund in accordance with this section.
(d) 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.
(e) An erroneous payment, the collection of which is waived under
this section, is considered 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.
(Added Pub. L. 92-453, Sec. 2(1), Oct. 2, 1972, 86 Stat. 759; amended
Pub. L. 96-513, title V, Sec. 515(9), Dec. 12, 1980, 94 Stat. 2937; Pub.
L. 99-224, Sec. 3(a), Dec. 28, 1985, 99 Stat. 1742; Pub. L. 102-190,
div. A, title VI, Sec. 657(c), Dec. 5, 1991, 105 Stat. 1393; Pub. L.
104-316, title I, Sec. 116, Oct. 19, 1996, 110 Stat. 3835.)
Amendments
1996--Subsec. (a)(1). Pub. L. 104-316, Sec. 116(1)(A), substituted
``Director of the Office of Management and Budget'' for ``Comptroller
General''.
Subsec. (a)(2). Pub. L. 104-316, Sec. 116(1)(B), inserted ``and'' at
end of subpar. (A), redesignated subpar. (C) as (B) and substituted
``Director of the Office of Management and Budget'' for ``Comptroller
General'', and struck out former subpar. (B) which read as follows:
``the claim is not the subject of an exception made by the Comptroller
General in the account of any accountable officer or official; and''.
Subsec. (b). Pub. L. 104-316, Sec. 116(2), substituted ``The
Director of the Office of Management and Budget'' for ``Comptroller
General'' in introductory provisions.
1991--Subsec. (a)(2)(A). Pub. L. 102-190 substituted ``$1,500'' for
``$500''.
1985--Pub. L. 99-224, Sec. 3(a)(1), substituted ``and travel'' for
``other than travel'' in section catchline.
Subsec. (a). Pub. L. 99-224, Sec. 3(a)(2), substituted ``made
before, on, or after October 2, 1972, or arising out of an erroneous
payment of travel and transportation allowances'' for ``, other than
travel and transportation allowances, made before or after October 2,
1972''.
Subsec. (b)(2). Pub. L. 99-224, Sec. 3(a)(3), struck out ``of pay or
allowances, other than travel and transportation allowances,'' before
``was discovered''.
1980--Subsec. (a). Pub. L. 96-513 substituted ``October 2, 1972''
for ``the effective date of this section''.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-316 effective 60 days after Oct. 19, 1996,
see section 101(e) of Pub. L. 104-316, set out as a note under section
130c of Title 2, The Congress.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-224 applicable to any claim arising out of
an erroneous payment of travel and transportation allowances made on or
after Dec. 28, 1985, see section 4 of Pub. L. 99-224, set out as a note
under section 5584 of Title 5, Government Organization and Employees.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
