"(f) This section does not affect any authority under any other statute to litigate, settle, compromise, or waive any claim of the United States." "(g) For the purpose of this section, 'agency' means "(1) an Executive agency; "(2) the Government Printing Office; "(3) the Library of Congress; "(4) the Office of the Architect of the Capitol; and (Added Pub. L. 90-616, § 1 (a), Oct. 21, 1968, 82 Stat. 1212, and amended Pub. L. 92-453, § 3 (1), Oct. 2, 1972, 86 Stat. 760; Pub. L. 93-359, § 1, July 25, 1974, 88 Stat. 393; Pub. L. 96-54, § 2 (a) (35), Aug. 14, 1979, 93 Stat. 383; Pub. L. 99-224, § 1 (a), Dec. 28, 1985, 99 Stat. 1741.) (TITLE 10.-ARMED FORCES) § 2274. 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 uniformed services, as defined in section 101(3) of title 37, 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 $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 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 2 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) În 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. (Added Pub. L. 92–453, § 1(1), Oct. 2, 1972, 86 Stat. 758, and amended Pub. L. 96-513, Title V, § 511(98), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 99-224, § 2(a), Dec. 28, 1985, 99 Stat. 1741.) * [Army] § 4837. Settlement of accounts: remission or cancellation of indebtedness of enlisted members If he considers it in the best interest of the United States, the Secretary may have remitted or cancelled any part of an enlisted member's indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member's honorable discharge. (Aug. 10, 1956, ch. 1041, 70A Stat. 273; Sept. 2, 1958, Pub. L. 85-861, § 33(a)(27), 72 Stat. 1566; Sept. 7, 1962, Pub. L. 87-649, § 14c(10), 76 Stat. 501, Dec. 12, 1980, Pub. L. 96-513, Title V, § 512(24)(A), (B), 94 Stat. 2930.) [Navy] § 6161. Remission of indebtedness of enlisted members upon discharge If he considers it in the best interest of the United States, the Secretary of the Navy may have remitted or cancelled any part of an enlisted member's indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member's honorable discharge. (Added Pub. L. 86-511, § 1(a), June 11, 1960, 74 Stat. 207.) * [Air Force] § 9837. Settlement of accounts: remission or cancellation of indebtedness of enlisted members If he considers it in the best interest of the United States, the Secretary may have remitted or cancelled any part of an enlisted member's indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member's honorable discharge. (Aug. 10, 1956, ch. 1041, 70A Stat. 594; Sept. 2, 1958, Pub. L. 85-861, § 33(a)(45), 72 Stat. 1567; Sept. 7, 1962, Pub. L. 87-649, § 14c(58), 76 Stat. 502; Dec. 12, 1980, Pub. L. 96-513, Title V, § 514(22)(A), (B), 94 Stat. 2936.) * (TITLE 14.-COAST GUARD) § 461. Remission of indebtedness of enlisted members upon charge If he considers it in the best interest of the United States, the Secretary may have remitted or cancelled any part of an enlisted mem ber's indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member's honorable discharge. (Aug. 4, 1949, ch. 393, 63 Stat. 530; Sept. 3, 1954, ch. 1263, § 33(b), 68 Stat. 1238; July 10, 1962, Pub. L. 87-526, § 1(1), 76 Stat. 141; Sept. 7, 1962. Pub. L. 97-649, § 14d(7), as added Nov. 2, 1966, Pub. L. 89-718, § 73(a)(3), 80 Stat. 1124; Nov. 2, 1966, Pub. L. 89-718, § 73(c)(1), 80 Stat. 1124; Sept. 11, 1967, Pub. L. 90-83, § 2, 81 Stat. 220; Oct. 18, 1976, Pub. L. 94-546, § 1(29), 90 Stat. 2521.) $513. Retroactive payment of pay and allowances delayed by administrative error or oversight Under regulations prescribed by the Secretary, the Coast Guard may authorize retroactive payment of pay and allowances, including selective reenlistment bonuses, to enlisted members if entitlement to the pay and allowances was delayed in vesting solely because of an administrative error or oversight. (Added Pub. L. 100-448, Sept. 28, 1988, 102 Stat. 1844, § 13(a).) (TITLE 32.-NATIONAL GUARD) # 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 (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 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 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. (Added Pub. L. 92-453, § 2(1), Oct. 2, 1972, 86 Stat. 759, and amended Pub. L. 96-513, Title V, § 515(9), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 99-224, § 3(a), Dec. 28, 1985, 99 Stat. 1742.) TITLE 37.-PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 403. Basic allowance for quarters * (h) The Secretary concerned, or his designee, may make any determination necessary to administer this section with regard to enlisted members, including determinations of dependency and relationship, and may, when warranted by the circumstances, reconsider and change or modify any such determination. This authority may be redelegated by the Secretary concerned or his designee. Any determination made under this section with regard to enlisted members is final and is not subject to review by any accounting officer of the United States or a court, unless there is fraud or gross negligence. (As amended Pub. L. 90-207, § 1(3), Dec. 16, 1967, 81 Stat. 651; Pub. L. 92-129, title II, § 204, Sept. 28, 1971, 85 Stat. 358; Pub. L. 93-64, title I, § 105, July 9, 1973, 87 Stat. 148; Pub. L. 93-419, § 3(6), Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96-343, § 4(a) (1), (2), Sept. 8, 1980, 94 Stat. 1125; Pub. L. 96-513, title V, § 516(10), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96-579, §§ 6(a)-(c), 7, Dec. 23, 1980, 94 Stat. 3367, 3368; Pub. L. 97-22, § 11(b)(2), July 10, 1981, 95 Stat. 138; Pub. L. 98-94, Title IX, § 907(a), Sept. 24, 1983; 97 Stat. 637; Pub. L. 98-525, Title VI, § 602(c), 604(a), Oct. 19, 1984, 98 Stat. 2534, 2537; Pub. L. 99-145, title VI, § 604(a), 605 (a), Title VIII, § 809(b), Title XIII, § 1303(b)(6), Nov. 8, 1985, 99 Stat. 638, 681, 740; Pub. L. 99-227, § 1, Dec. 28, 1985, 99 Stat. 1745.) (TITLE 38.-VETERANS' BENEFITS) § 3102. Waiver of recovery of claims by the United States (a) There shall be no recovery of payments or overpayments (or any interest thereon) of any benefits under any of the laws administered by the Veterans' Administration whenever the Administrator determines that recovery would be against equity and good conscience, if an application for relief is made within 180 days from the date of notification of the indebtedness by the Administrator to the payee, or within such longer period as the Administrator determines is reasonable in a case in which the payee demonstrates to the satisfaction of the Administrator that such notification was not actually received by such payee within a reasonable period after such date. (b) With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the Administrator may waive payment of an indebtedness to the Veterans' Administration by the veteran (as defined in sections 101 and 1801), or his spouse, following default and loss of the property, where the Administrator determines that collection of such indebtedness would be against equity and good con science. (c) The Administrator may not exercise his authority under subsection (a) or (b) of this section to waive recovery of any payment or the collection of any indebtedness (or any interest thereon) if, in his opinion, there exists in connection with the claim for such waiver an indication of fraud, misrepresentation, material fault, or lack of good faith on the part of the person or persons having an interest in obtaining a waiver of such recovery or the collection of such indebtedness (or any interest thereon). (d) No certifying or disbursing officer shall be liable for any amount paid to any person where the recovery of such amount is waived under subsection (a) or (b). (e) Where the recovery of a payment or overpayment made from the National Service Life Insurance Fund or United States Government Life Insurance Fund is waived under this section, the fund from which the payment was made shall be reimbursed from the National Service Life Insurance appropriation or the military and naval insurance appropriation, as applicable. (Pub. L. 8b 857, Sept. 2, 1958, 72 Stat. 1230; Pub. L. 92-328, Title II, 202(2), June 30, 1972, 86 Stat. 396; Pub. L. 96-466. Title VI, 605(c)(3), Oct 17, 1980, 94 Stat. 2211; Pub. L. 97-306, Title IV, 407(a), Oct. 14, 1982, 96 Stat. 1445.) FEDERAL TORT CLAIMS ACT The provisions of the Federal Tort Claims Act (act of Aug. 2, 1946, 60 Stat. 842) have been restated and codified as a part of title 28 of the United States Code. Title 28 was enacted into positive law by the act of June 25, 1948, ch. 646, § 1, 62 Stat. 869. Since the provisions of the Tort Claims Act as originally enacted have been superseded by the tort claims provisions now contained in the codified title, the relevant provisions of title 28 are included in this booklet. Those sections are as follow: $ 1346. United States as defendant (a) The district courts shall have original jurisdiction, concurrent with the United States Claims Court, of: (1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws; (2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to section 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States. (b) Subject to the provisions of chapter 171 of this title, the district courts, together with the U.S. district court for the District of the Canal Zone and the district court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945, for |