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10 U.S.C. § 2774 — Claims for overpayment of pay and allowances and of travel and transportation allowances
Federal law — U.S. Code and appendices · legal_authorities
**(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 uniformed services, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101/5&num=0&edition=prelim), 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 repai
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Source file: Laws/federal/codes/united-states-code/title-10/section-2774-claims-for-overpayment-of-pay-and-allowances-and-of-travel-and-transport--f33f8be9f6.md
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Source location: Title 10, Chapter 165, § 2774; chapter-165-accountability-and-responsibility.md
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**(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 uniformed services, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101/5&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101/5&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 716
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A claim of the United States against a person arising out of an erroneous payment of pay or allowances made on or after July 1, 1960, or arising out of an erroneous payment of travel, transportation or relocation expenses and allowances, to an employee of an 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 authorized official;
(2) the head of the agency 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 authorized official shall prescribe; or
(3) the Director of the Administrative Office of the United States Courts when the claim is in an amount aggregating not more than $10,000 and involves an officer or employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or any of the courts set forth in [section 610 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section610&num=0&edition=prelim).
**(b)** The authorized official or the head of the 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;
(2) except in the case of employees of the Government Publishing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office, after the expiration of three years immediately following the date on which the erroneou
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5584
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Waiver of claim for erroneous payment of pay or allowances** 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 expenses and allowances, on or after July 25, 1974, to the Vice President, a Senator, or to an officer or employee whose pay is disbursed by the Secretary of the Senate, 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 the Secretary of the Senate. An application for waiver shall be investigated by the Financial Clerk of the Senate who shall submit a written report of his investigation to the Secretary of the Senate. An application for waiver of a claim in an amount aggregating more than $1,500 may also be investigated by the Comptroller General of the United States who shall submit a written report of his investigation to the Secretary of the Senate.
**(b) Prohibition of waiver** The Secretary of the Senate 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 Vice President, the Senator, the officer or employee, or any other person having an interest in obtaining a waiver of the claim; or
(2) if the application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered.
**(c) Credit for waiver** 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 w
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 4593
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to paragraph (2), the Secretary of Defense shall enter into one or more contracts with a person for collection services to recover indebtedness owed to the United States (arising out of activities related to Department of Defense) that is delinquent by more than three months.
(2) The authority of the Secretary to enter into a contract under this section for any fiscal year is subject to the availability of appropriations.
(3) Any such contract shall provide that the person submit to the Secretary a status report on the person’s success in collecting such debts at least once each six months. [Section 3718 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3718&num=0&edition=prelim) shall apply to any such contract, to the extent not inconsistent with this subsection.
**(b)**
(1) Except as provided in paragraph (2), the Secretary of Defense shall disclose to consumer reporting agencies, in accordance with paragraph (1) of [section 3711(e) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711/e&num=0&edition=prelim), information concerning any debt described in subsection (a) of more than $100 that is delinquent by more than 31 days.
(2) No disclosure shall be made under paragraph (1) with respect to an indebtedness while a decision regarding waiver of collection of the indebtedness is pending under [section 2774 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2774&num=0&edition=prelim) or [section 716 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section716&num=0&edition=prelim), or while a decision regarding remission or cancellation of the indebtedness is pending under section 7837, 8271, o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2780
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Government Accountability Office is an instrumentality of the United States Government independent of the executive departments.
**(b)** The head of the Office is the Comptroller General of the United States. The Office has a Deputy Comptroller General of the United States.
**(c)** The Comptroller General may adopt a seal for the Office.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 702
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Federal law — U.S. Code and appendices · legal_authorities
Page 2202
TITLE 10—ARMED FORCES
§ 2773b
law for payments made on the basis of such
vouchers.
(c) PECUNIARY LIABILITY.—(1) The Secretary of
Defense may subject a departmental account-
able official to pecuniary liability for an illegal,
improper, or incorrect payment made by the De-
partment of Defense if the Secretary determines
that such payment—
(A) resulted from information, data, or serv-
ices that that official provided to a certifying
official and upon which that certifying official
directly relies in certifying the voucher sup-
porting that payment; and
(B) was the result of fault or negligence on
the part of that departmental accountable of-
ficial.
(2) Pecuniary liability under this subsection
shall apply in the same manner and to the same
extent as applies to an official accountable
under subtitle III of title 31.
(3) Any pecuniary liability of a departmental
accountable official under this subsection for a
loss to the United States resulting from an ille-
gal, improper, or incorrect payment is joint and
several with that of any other officer or em-
ployee of the United States or member of the
uniformed services who is pecuniarily liable for
such loss.
(d) CERTIFYING OFFICIAL DEFINED.—In this sec-
tion, the term ‘‘certifying official’’ means an
employee who has the responsibilities specified
in section 3528(a) of title 31.
(Added Pub. L. 107–314, div. A, title X, § 1005(a),
Dec. 2, 2002, 116 Stat. 2631; amended Pub. L.
109–163, div. A, title X, § 1056(c)(8), Jan. 6, 2006,
119 Stat. 3440.)
Editorial Notes
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–163 inserted ‘‘by’’ after
‘‘incorrect payment made’’.
§ 2773b. Parking of funds: prohibition; penalties
(a) PROHIBITION.—An officer or employee of the
Department of Defense may not direct
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2774
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