Title 10 — Armed ForcesRelease 119-73
§2774 Claims for overpayment of pay and allowances and of travel and transportation allowances
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 165— - ACCOUNTABILITY AND RESPONSIBILITY › § 2774
Summary
Federal officials can cancel (waive) a U.S. claim for a mistaken pay, allowance, or travel payment to a member or former member of the armed forces made before, on, or after October 2, 1972, when collecting the money would be unfair or not in the nation’s interest. The Director of the Office of Management and Budget (OMB) can waive such claims. The military department’s Secretary involved can also waive claims of $10,000 or less if they follow OMB’s rules. Waivers are not allowed if there is fraud, misrepresentation, fault, or lack of good faith, or if the waiver request comes more than five years after the error was found. If someone repaid money that is later waived, they can ask the department that originally paid them for a refund within two years after the waiver takes effect. Audits must show credit for waived amounts, and a waived mistaken payment is treated as a valid payment. This does not change other legal powers to handle or settle claims.
Full Legal Text
Title 10, §2774
Armed Forces — Source: USLM XML via OLRC
(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, 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2006—Subsec. (a)(2)(A). Pub. L. 109–364, § 671(a)(1), substituted “$10,000” for “$1,500”. Subsec. (b)(2). Pub. L. 109–364, § 671(a)(2), substituted “five years” for “three years”. 1996—Subsec. (a). Pub. L. 104–316, § 105(b)(1), substituted “Director of the Office of Management and Budget” for “Comptroller General” in par. (1), and in par. (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”. Subsec. (b). Pub. L. 104–316, § 105(b)(2), substituted “Director of the Office of Management and Budget” for “Comptroller General”. 1991—Subsec. (a)(2)(A). Pub. L. 102–190 substituted “$1,500” for “$500”. 1987—Pub. L. 100–26, § 7(j)(7)(A), substituted “allowances and of” for “allowances, and” in section catchline. Subsec. (a). Pub. L. 100–26, § 7(j)(7)(B), struck out “as defined in section 101(3) of title 37,” after “uniformed services,”. 1985—Pub. L. 99–224, § 2(a)(1), substituted “and” for “other than” in section catchline. Subsec. (a). Pub. L. 99–224, § 2(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”. Subsec. (b)(2). Pub. L. 99–224, § 2(a)(3), struck out “of pay or allowances, other than travel and transportation allowances,” after “payment”. 1980—Subsec. (a). Pub. L. 96–513 substituted “
October 2, 1972” for “the
Effective Date
of this section”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2006 Amendment Pub. L. 109–364, div. A, title VI, § 671(c), Oct. 17, 2006, 120 Stat. 2270, provided that: “The
Amendments
made by this section [amending this section and section 716 of Title 32, National Guard] shall take effect on March 1, 2007.”
Effective Date
of 1996 AmendmentAmendment by Pub. L. 104–316 effective 60 days after Oct. 19, 1996, see section 101(e) of Pub. L. 104–316, set out as a note under section 4593 of Title 2, The Congress.
Effective Date
of 1985 AmendmentAmendment by Pub. L. 99–224 applicable to any claim arising out of an erroneous payment of travel and transportation allowances made on or after Dec. 28, 1985, see section 4 of Pub. L. 99–224, set out as a note under section 5584 of Title 5, Government Organization and Employees.
Effective Date
of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. Cancellation of Debts Up To $2,500 of Uniformed Service Members Incurred in Connection With Operation Desert Shield/Storm Pub. L. 104–61, title VIII, § 8052, Dec. 1, 1995, 109 Stat. 662, provided that: “Notwithstanding any other provision of law, the Secretary of Defense may, when he considers it in the best interest of the United States, cancel any part of an indebtedness, up to $2,500, that is or was owed to the United States by a member or former member of a uniformed service if such indebtedness, as determined by the Secretary, was incurred in connection with Operation Desert Shield/Storm: Provided, That the amount of an indebtedness previously paid by a member or former member and cancelled under this section shall be refunded to the member.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 103–335, title VIII, § 8060, Sept. 30, 1994, 108 Stat. 2633. Pub. L. 103–139, title VIII, § 8071, Nov. 11, 1993, 107 Stat. 1457. Pub. L. 102–396, title IX, § 9100, Oct. 6, 1992, 106 Stat. 1926. Pub. L. 102–172, title VIII, § 8138, Nov. 26, 1991, 105 Stat. 1212.
Reference
Citations & Metadata
Citation
10 U.S.C. § 2774
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73