37 U.S.C. § 462 — Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment
submitted 15 years ago by Pub. L. 112-81 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 146 words · no verdicts yet
If a service member is paid too much in travel allowances, or paid allowances they were never entitled to, they must pay the money back to the United States — unless a specific exception applies. This debt survives bankruptcy if the bankruptcy is filed within five years of when the debt arose.
(a) Repayment required. Unless the exception below applies, a member* of the uniformed services* (or someone else) who is paid travel and transportation allowances under subchapter I must repay the United States any part of that payment that turns out to be unauthorized, or more than what they were actually entitled to.
(b) Exception. Regulations written under section 464 must spell out when this repayment can be excused.
(c) Effect of bankruptcy. This repayment obligation is treated, for every purpose, as a debt owed to the United States. Filing bankruptcy does not wipe out this debt if the bankruptcy is filed less than five years after the debt arose.
Except as provided in subsection (b), a member* of the uniformed services* or other person who is paid travel and transportation allowances under subchapter I shall repay to the United States any amount of such payment that is determined to be unauthorized or in excess of the applicable authorized amount.
The regulations prescribed under section 464 of this title shall specify procedures for determining the circumstances under which an exception to repayment otherwise required by subsection (a) may be granted.
An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date on which the debt was incurred.
Source credit: (Added Pub. L. 112–81, div. A, title VI, § 631(b), Dec. 31, 2011, 125 Stat. 1459.)
- 2011Enacted · Pub. L. 112-81 · 125 Stat. 1459
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-81 on 2011-12-31.
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