US Code

Public Law 119-87 (04/30/2026)

32 U.S.C. § 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 , 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)
section 101(5) of title 37 the Secretary concerned, as defined in , when—
(A)
the claim is in an amount aggregating not more than $10,000; 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 five 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.

Pub. L. 92–453, § 2(1)86 Stat. 759 Pub. L. 96–513, title V, § 515(9)94 Stat. 2937 Pub. L. 99–224, § 3(a)99 Stat. 1742 Pub. L. 102–190, div. A, title VI, § 657(c)105 Stat. 1393 Pub. L. 104–316, title I, § 116110 Stat. 3835 Pub. L. 109–364, div. A, title VI, § 671(b)120 Stat. 2270 (Added , , ; amended , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 109–364, § 671(b)(1)2006—Subsec. (a)(2)(A). , substituted “$10,000” for “$1,500”.

Pub. L. 109–364, § 671(b)(2)Subsec. (b)(2). , substituted “five” for “three”.

Pub. L. 104–316, § 116(1)(A)1996—Subsec. (a)(1). , substituted “Director of the Office of Management and Budget” for “Comptroller General”.

Pub. L. 104–316, § 116(1)(B)Subsec. (a)(2). , 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”.

Pub. L. 104–316, § 116(2)Subsec. (b). , substituted “The Director of the Office of Management and Budget” for “Comptroller General” in introductory provisions.

Pub. L. 102–1901991—Subsec. (a)(2)(A). substituted “$1,500” for “$500”.

Pub. L. 99–224, § 3(a)(1)1985—, substituted “and travel” for “other than travel” in section catchline.

Pub. L. 99–224, § 3(a)(2)Subsec. (a). , substituted “made before, on, or after , or arising out of an erroneous payment of travel and transportation allowances” for “, other than travel and transportation allowances, made before or after ”.

Pub. L. 99–224, § 3(a)(3)Subsec. (b)(2). , struck out “of pay or allowances, other than travel and transportation allowances,” before “was discovered”.

Pub. L. 96–5131980—Subsec. (a). substituted “” for “the effective date of this section”.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–364section 671(c) of Pub. L. 109–364section 2774 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.

Effective Date of 1996 Amendment

Pub. L. 104–316section 101(e) of Pub. L. 104–316section 4593 of Title 2Amendment by effective 60 days after , see , set out as a note under , The Congress.

Effective Date of 1985 Amendment

Pub. L. 99–224section 4 of Pub. L. 99–224section 5584 of Title 5Amendment by applicable to any claim arising out of an erroneous payment of travel and transportation allowances made on or after , see , set out as a note under , Government Organization and Employees.

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.