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U.S. Code as of:
01/19/04
Section 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
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(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.
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