An Act to amend titles 5, 10, and 32, United States Code, to authorize the waiver of claims of the United States arising out of certain erroneous payments, and for other purposes
PL 92-453 (H.R.7614), enacted 10/02/1972

758 
PUBLIC LAW 92-453-OCT. 2, 1972 
[86 STAT. 
Public Law 92-453 
October 2,1972 
[H. R. 7614] 
Uniformed serv-
ices; National 
Guard. 
Erroneous pay-
ments, waiver of 
claims. 
70A Stat. 155; 
76 Stat. 94. 
10 u s e 2771. 
76 Stat. 451; 
80 Stat. 1121. 
AN ACT 
Ti) amend titles 5. lU. and 32. United States Code, to authorize tlie waiver of 
claims of the United States arising out of certain erroneous payments, fnid for 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That chapter 165 of 
title 10, United States Code, is amended— 
(1) by adding the following new section: 
"§ 2774. 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 
tliis section, to or on behalf of a member or former member of the 
uniformed services, as defined in section 101(3) of title 37. the collec-
tion 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 $500; 
"(B) the claim is not the subject of an exception made 
by the Comptroller General in the account of any account-
able 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 ^ood faith on the part of the member or anj^ other person 
havmg 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 
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 
86 STAT. ] 
PUBLIC LAW 92-453-OCT. 2, 1972 
' 
759 
(2) by adding the following new item at the end of the 
analysis: 
"2774. Claims for overpayment of pay and allowances, other than travel and 
transportation allowances." 
SEC. 2. Chapter 7 of title 32, United States Code, is amended— 
7OA stat. 612; 
(1) by adding the following new section: 
^^^usc 701 
*
*
§ 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— 
76 stat. 451; 
"(A) the claim is in an amount aggregating not more than so 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 foUowingthe 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 
; 
. 
'i-
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 
-it ^t 
: Q 
(2) by adding the following new item at the end of the analysis: 
' *'^' 
"716. Claims for overpayment of pay and allowances, other than travel and 
transportation allowances." 
-081 0 - 7 3 - 5 1 
760 
PUBLIC LAW 92.454-OCT. 2, 1972 
[86 STAT. 
80 Stat. 475. 
5 u s e 5501. 
82 Stat. 1212. 
81 Stat. 204. 
SEC. 3. Chapter 55 of title 5, United States Code, is amended as 
follows: 
(1) Section 5584 is amended by— 
(A) adding at the end of the catchline "and allowances, other 
than travel and transportation expenses and allowances and 
relocation expenses"; 
(B) inserting after "pay" in subsection (a) "or allowances, 
other than travel and transportation expenses and allowances and 
relocation expenses payable under section 5724a of this title"; 
(C) striking out "or" at the end of subsection (b) (1); 
(D) adding at the beginning of subsection (b) (2) the words 
"if application for waiver is received in his office," and by striking 
out from subsection (b) (2) "the effective date of this section" 
and inserting "October 21,1968" in place thereof; and 
(E) substituting "; or" for the period at the end of subsection 
(b) (2) and adding a new j^aragraph (3) to subsection (b) to read 
as follows: 
"(3) 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 allowances was discovered or three years 
immediately following the effective date of the amendment 
authorizing the waiver of allowances, whichever is later." 
(2) The analysis is amended by adding "and allowances, other 
than travel and transportation expenses and allowances and relocation 
expenses" after "pay" in item 5584. 
Approved October 2, 1972. 
October 2,1972 
[S. 1031] 
Public Law 92-454 
AN ACT 
To credit certain service rendered by District of Columbia substitute teachers 
for purposes of civil service retirement. 
D.C., substitute 
teachers. 
Civil service 
retirement credit. 
80 Stat. 567; 
84 Stat. 1191. 
83 Stat. 136; 
Ante, p. 144. 
Annuities, re-
computation. 
Repeal. 
D.C 
696. 
Code 31-
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 8332 (b) 
of title 5, United States Code, is amended by— 
(1) striking out the word "and" at the end of paragraph (7); 
(2) striking out the period at the end of paragraph (8) and 
inserting in lieu thereof a semicolon and the word "and"; and 
(3) inserting after paragraph (8) the following new paragraph: 
" (9) subject to sections 8334 (c) and 8339 (h) of this title, service 
as a substitute teacher for the government of the District of Colum-
bia after July 1, 1955, if such service is not credited for bene-
fits under any other retirement system established by a law of 
the United States." 
SEC. 2. An annuity or survivor annuity based on the service of an 
employee or annuitant who performed service described in section 1 of 
this Act shall, upon application to the Civil Service Commission, be 
recomputed, effective on the first day of the first month following the 
date of enactment of this Act, in accordance with section 1 of this 
Act. 
SEC. 3. Section 22 of Public Law 243, 84th Congress, enacted August 
5,1955 (69 Stat. 530), is repealed. 
Approved October 2, 1972. 
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