§ 716. Claims for overpayment of pay and allowances, and travel and transportation allowances

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Pub. L. 92–453 § 2(1) · 86 Stat. 758

   Enacted · 32 U.S.C. § 716

   Added Pub. L. 92–453, § 2(1), Oct. 2, 1972, 86 Stat. 759

   Source evidence

   Code source credit
   Added Pub. L. 92–453, § 2(1), Oct. 2, 1972, 86 Stat. 759

   Enacted provision · exact public law section
   (1) by adding the following new section: “§ 716. Claims for overpayment of pay and allowances, other than 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, other than travel and transportation allowances, made before or after the effective date of this section, 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 Comptroller General; 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 76 Stat. 451; 80 Stat. 1121. $500; “(B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official; and “(C) the waiver is made in accordance with standards which the Comptroller General shall prescribe. “(b) The Comptroller General 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 of pay or allowances, other than travel and transportation allowances, was discovered. “(c) A person who has repaid to the United States all or part of Refund. 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?’; and

2. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title V § 515(9) · 94 Stat. 2835

   Substituted · 32 U.S.C. § 716(a)

   Pub. L. 96–513 substituted “October 2, 1972” for “the effective date of this section”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–513 substituted “October 2, 1972” for “the effective date of this section”.

   Enacted provision · exact public law section
   (9) Section 716(a) is amended by striking out “the effective date of this section” and inserting in lieu thereof “October 2, 1972”.

3. 1985

   Pub. L. 99–224 § 3(a)(1) · 99 Stat. 1741

   Substituted · 32 U.S.C. § 716

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) in the section catchline by striking out “other than” and inserting in lieu thereof “and”;

4. 1985

   Pub. L. 99–224 § 3(a)(2) · 99 Stat. 1741

   Substituted · 32 U.S.C. § 716(a)

   Pub. L. 99–224, § 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”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–224, § 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”.

   Enacted provision · exact public law section
   (2) in subsection (a) by striking out “A claim” and all that follows through “October 2, 1972,” and inserting in lieu thereof “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,”; and

5. 1985

   Pub. L. 99–224 § 3(a)(3) · 99 Stat. 1741

   Struck · 32 U.S.C. § 716(b)(2)

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

   Source evidence

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

   Enacted provision · exact public law section
   (3) in subsection (b)(2) by striking out “of pay or allowances, other than travel and transportation allowances,”.

6. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 div. A title VI § 657(c) · 105 Stat. 1290

   Substituted · 32 U.S.C. § 716(a)(2)(A)

   Pub. L. 102–190 substituted “$1,500” for “$500”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 102–190 substituted “$1,500” for “$500”.

   Enacted provision · exact public law section
   (c) Amendment to Title 32.— Section 716(a)(2)(A) of title 32, United States Code, is amended by striking out “$500” and inserting in lieu thereof “$1,500”.

7. 1996

   General Accounting Office Act of 1996

   Pub. L. 104–316 § 116(1)(A) · 110 Stat. 3826

   Substituted · 32 U.S.C. § 716(a)(1)

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

   Source evidence

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

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “Comptroller General” and inserting “Director of the Office of Management and Budget”; and

8. 1996

   General Accounting Office Act of 1996

   Pub. L. 104–316 § 116(1)(B) · 110 Stat. 3826

   1. Inserted · 32 U.S.C. § 716(a)(2)

      Pub. L. 104–316, § 116(1)(B), inserted “and” at end of subpar. (A)

   2. Redesignated · 32 U.S.C. § 716(a)(2)

      Pub. L. 104–316, § 116(1)(B), redesignated subpar. (C) as (B)

   3. Substituted · 32 U.S.C. § 716(a)(2)

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

   4. Struck · 32 U.S.C. § 716(a)(2)

      Pub. L. 104–316, § 116(1)(B), 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”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–316, § 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”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by inserting “and” at the end of subparagraph (A), striking subparagraph (B), redesignating subparagraph (C) as subparagraph (B), and in that subparagraph (as so redesignated), striking “Comptroller General” and inserting “Director of the Office of Management and Budget”; and

9. 1996

   General Accounting Office Act of 1996

   Pub. L. 104–316 § 116(2) · 110 Stat. 3826

   Substituted · 32 U.S.C. § 716(b)

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

   Source evidence

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

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “The Comptroller General” and inserting “The Director of the Office of Management and Budget”.

10. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 671(b)(1) · 120 Stat. 2083

    Substituted · 32 U.S.C. § 716(a)(2)(A)

    Pub. L. 109–364, § 671(b)(1), substituted “$10,000” for “$1,500”

    Source evidence

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

    Enacted provision · exact public law section
    (1) in subsection (a)(2)(A), by striking “$1,500” and inserting “$10,000”; and

    Effective date note
    Amendment by Pub. L. 109–364 effective Mar. 1, 2007, see section 671(c) of Pub. L. 109–364, set out as a note under section 2774 of Title 10, Armed Forces.

11. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 671(b)(2) · 120 Stat. 2083

    Substituted · 32 U.S.C. § 716(b)(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) in subsection (b)(2), by striking “three years” and inserting “five years”.

    Effective date note
    Amendment by Pub. L. 109–364 effective Mar. 1, 2007, see section 671(c) of Pub. L. 109–364, set out as a note under section 2774 of Title 10, Armed Forces.

14 of 14 references resolved to an enrolled provision