-CITE-

10 USC CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

.

-HEAD-

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-MISC1-

Sec.

2771. Final settlement of accounts: deceased members.

2772. Share of fines and forfeitures to benefit Armed Forces

Retirement Home.

2773. Designation, powers, and accountability of deputy disbursing

officials.

2773a. Departmental accountable officials.

2774. Claims for overpayment of pay and allowances and of travel

and transportation allowances.

2775. Liability of members assigned to military housing.

2776. Use of receipts of public money for current expenditures.

2777. Requisitions for advances and removal of charges outstanding

in accounts of advances.

(2778. Repealed.)

2779. Use of funds because of fluctuations in currency exchange

rates of foreign countries.

2780. Debt collection.

2781. Availability of appropriations: exchange fees; losses in

accounts.

2782. Damage to real property: disposition of amounts recovered.

2783. Nonappropriated fund instrumentalities: financial management

and use of nonappropriated funds.

2784. Management of purchase cards.

2784a. Management of travel cards.

2785. Remittance addresses: regulation of alterations.

2786. Department of Defense payments by electronic transfers of

funds: exercise of authority for waivers.

2787. Reports of survey.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title X, Sec. 1005(b),

1006(a)(2), 1007(b)(2), 1008(b), Dec. 2, 2002, 116 Stat. 2632-2635,

substituted ''purchase'' for ''credit'' in item 2784 and added

items 2773a, 2784a, and 2787.

1999 - Pub. L. 106-65, div. A, title IX, Sec. 933(a)(2), title

X, Sec. 1008(a)(2), Oct. 5, 1999, 113 Stat. 730, 738, added items

2784 to 2786.

1996 - Pub. L. 104-316, title I, Sec. 105(d), Oct. 19, 1996, 110

Stat. 3830, struck out item 2778 ''Accounts of the military

departments''.

Pub. L. 104-106, div. B, title XXVIII, Sec. 2821(b), Feb. 10,

1996, 110 Stat. 556, added item 2782.

1993 - Pub. L. 103-160, div. A, title XI, Sec. 1182(a)(8)(C),

Nov. 30, 1993, 107 Stat. 1771, added item 2783.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1405(c)(2),

title XV, Sec. 1533(a)(4)(B), Nov. 5, 1990, 104 Stat. 1680, 1734,

substituted ''Retirement Home'' for ''retirement homes'' in item

2772 and struck out item 2782 ''Unobligated balances withdrawn from

availability for obligation: limitations on restoration''.

1989 - Pub. L. 101-189, div. A, title III, Sec. 342(a)(2), title

XVI, Sec. 1603(a)(2), Nov. 29, 1989, 103 Stat. 1420, 1598, added

items 2772 and 2782.

1988 - Pub. L. 100-370, Sec. 1(m)(2), July 19, 1988, 102 Stat.

850, added item 2781.

1987 - Pub. L. 100-26, Sec. 7(j)(7)(C), Apr. 21, 1987, 101 Stat.

283, substituted ''allowances and of'' for ''allowances, and'' in

item 2774.

1986 - Pub. L. 99-661, div. A, title XIII, Sec. 1309(b), Nov.

14, 1986, 100 Stat. 3983, added item 2780.

1985 - Pub. L. 99-224, Sec. 2(b), Dec. 28, 1985, 99 Stat. 1742,

substituted ''and'' for ''other than'' in item 2774.

Pub. L. 99-167, title VIII, Sec. 802(d)(2), Dec. 3, 1985, 99

Stat. 987, substituted ''assigned to military housing'' for ''for

damage to housing and related equipment and furnishings'' in item

2775.

1984 - Pub. L. 98-407, title VIII, Sec. 801(a)(2), Aug. 28, 1984,

98 Stat. 1518, substituted ''members for damage to housing and

related equipment and furnishings'' for ''member for damages to

family housing, equipment, and furnishings'' in item 2775.

1982 - Pub. L. 97-258, Sec. 2(b)(7)(A), (8)(A), Sept. 13, 1982,

96 Stat. 1054, substituted ''Designation, powers, and

accountability of deputy disbursing officials'' for

''Accountability for public money: disbursing officers; agent

officers'' in item 2773 and added items 2776, 2777, 2778, and 2779.

1980 - Pub. L. 96-513, title V, Sec. 511(96), Dec. 12, 1980, 94

Stat. 2928, struck out item 2772 ''Withholding pay of officers''.

Pub. L. 96-418, title V, Sec. 506(b), Oct. 10, 1980, 94 Stat.

1766, added item 2775.

1972 - Pub. L. 92-453, Sec. 1(2), Oct. 2, 1972, 86 Stat. 759,

added item 2774.

1962 - Pub. L. 87-480, Sec. 1(1)(B), June 8, 1962, 76 Stat. 94,

added item 2773.

-CITE-

10 USC Sec. 2771 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2771. Final settlement of accounts: deceased members

-STATUTE-

(a) In the settlement of the accounts of a deceased member of the

armed forces, an amount due from the armed force of which he was a

member shall be paid to the person highest on the following list

living on the date of death:

(1) Beneficiary designated by him in writing to receive such an

amount, if the designation is received, before the deceased

member's death, at the place named in regulations to be

prescribed by the Secretary concerned.

(2) Surviving spouse.

(3) Children and their descendants, by representation.

(4) Father and mother in equal parts or, if either is dead, the

survivor.

(5) Legal representative.

(6) Person entitled under the law of the domicile of the

deceased member.

(b) Designations and changes of designation of beneficiaries

under subsection (a)(1) are subject to regulations to be prescribed

by the Secretary concerned. So far as practicable, these

regulations shall be uniform for the uniformed services.

(c) Payments under subsection (a) shall be made by the Secretary

of Defense.

(d) A payment under this section bars recovery by any other

person of the amount paid.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 155; Pub. L. 85-861, Sec.

1(56), Sept. 2, 1958, 72 Stat. 1461; Pub. L. 86-641, July 12, 1960,

74 Stat. 473; Pub. L. 89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat.

1117; Pub. L. 96-513, title V, Sec. 511(97), Dec. 12, 1980, 94

Stat. 2928; Pub. L. 103-160, div. A, title XI, Sec. 1182(a)(11),

Nov. 30, 1993, 107 Stat. 1771; Pub. L. 104-316, title II, Sec.

202(f), Oct. 19, 1996, 110 Stat. 3842.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2771(a) 2771(b) 10:868 (less June 30, 1906, ch.

proviso). 34:941a 3914, Sec. 1 (last

(less proviso). par. under ''State

10:868 (proviso). or Territorial

34:941a (proviso). Homes for Disabled

Soldiers and

Sailors'');

restated Dec. 7,

1944, ch. 519;

restated Feb. 25,

1946, ch. 35, Sec.

4, 60 Stat. 30.

Feb. 25, 1946, ch.

35, Sec. 1, 60

Stat. 30; Aug. 4,

1949, ch. 393, Sec.

18, 63 Stat. 560.

-------------------------------

In subsections (a) and (b), the words ''General Accounting

Office'' are substituted for the words ''accounting officers'', for

clarity.

In subsection (a), the word ''member'' is substituted for the

words ''officers or enlisted persons'', in 10:868 and 34:941a. The

words ''his legal representative'' are substituted for the words

''a duly appointed legal representative of the estate'', since an

estate, being property and not an entity, has no representative.

The words ''duly appointed'' are omitted as surplusage. The words

''highest on the following list'' are substituted for the words

''following order of precedence'', in 10:868 and 34:941a. Clauses

(1)-(4) are substituted for the words between the first and second

colons of 10:868 and 34:941a. The words ''Surviving spouse'' are

substituted for the words ''widow or widower'' after the words

''First, to''.

In subsection (b), the words ''That this section shall not be so

construed as to prevent'', ''or persons'', and ''actually'', in

10:868 and 34:941a, are omitted as surplusage.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2771(a) 2771(b) 37:361. 37:362. July 12, 1955, ch.

37:365. 37:364 328, Sec. 1-3, 4

(less proviso). (less proviso), 5

(first sentence),

69 Stat. 295, 296.

2771(c) 2771(d) 37:363 (less last

sentence). 37:363

(last sentence).

-------------------------------

In subsection (a), the definition of the term ''Department'', in

37:361, is omitted as unnecessary, since the particular departments

referred to are spelled out in the revised text. The definition of

the term ''uniformed services'', in 37:361, is omitted as covered

by the word ''member'' in this revised section and by sections 3

and 4 of the Act enacting this revised section. Clauses (1)-(6)

are substituted for the last 5 clauses of 37:362. The words

''regulations to be prescribed by the Secretary concerned'' are

substituted for the words ''regulations of the Department

concerned'', since the ''Department'', as such, cannot issue

regulations.

In subsection (a)(2), the words ''surviving spouse'' are

substituted for the words ''widow or widower''. As defined in

section 101(32), ''spouse'' includes a widower.

In subsection (b), the words ''are subject to'' are substituted

for the words ''shall be made under''.

In subsection (c), the word ''Under'' is substituted for the

words ''Subject to''. The words ''rules and'' are omitted as

surplusage.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-316 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows:

''Under such regulations as the Comptroller General may prescribe,

payments under subsection (a) shall be made by the military

department concerned or the Department of Transportation, as the

case may be. Payment under clause (6) of subsection (a) shall be

made -

''(1) upon settlement by the General Accounting Office; or

''(2) as otherwise authorized by the Comptroller General.''

1993 - Subsec. (a). Pub. L. 103-160, Sec. 1182(a)(11)(A), struck

out ''who dies after December 31, 1955'' after ''armed forces'' in

introductory provisions.

Subsec. (b). Pub. L. 103-160, Sec. 1182(a)(11)(B), substituted

''for the uniformed services'' for ''for the armed forces, the

National Oceanic and Atmospheric Administration, and the Public

Health Service''.

1980 - Subsec. (b). Pub. L. 96-513, Sec. 511(97)(A), substituted

''National Oceanic and Atmospheric Administration'' for

''Environmental Science Services Administration''.

Subsec. (c). Pub. L. 96-513, Sec. 511(97)(B), substituted

''Department of Transportation'' for ''Department of the

Treasury''.

1966 - Subsec. (b). Pub. L. 89-718 substituted ''Environmental

Science Services Administration'' for ''Coast and Geodetic

Survey''.

1960 - Subsec. (c). Pub. L. 86-641 substituted provisions

requiring payment under clause (6) of subsection (a) to be made

upon settlement by the General Accounting Office or as otherwise

authorized by the Comptroller General for provisions which

permitted payments under clauses (2) to (6) of subsection (a) to be

made only after settlement by the General Accounting Office.

1958 - Subsec. (a). Pub. L. 85-861 amended subsec. (a) generally

to restrict application of section to members of the armed forces

who die after Dec. 31, 1955, and to permit payment to the

designated beneficiaries, surviving spouse, children and their

descendants, and to parents before payment to the legal

representative.

Subsec. (b). Pub. L. 85-861 substituted provisions relating to

designations and changes of designation of beneficiaries for

provisions which authorized reimbursement of funeral expenses.

Subsecs. (c), (d). Pub. L. 85-861 added subsecs. (c) and (d).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment 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.

REPEALS

The directory language of, but not the amendment made by, Pub. L.

89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit

to this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct.

12, 1982, 96 Stat. 1314.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Public Health Service, see note set

out under section 802 of this title.

-MISC5-

FINAL SETTLEMENT OF ACCOUNTS OF MEMBERS WHO DIED BEFORE JANUARY 1,

1960

Section 29 of Pub. L. 85-861 provided that:

''(a) In the settlement of the accounts of a member of the Army,

Navy, Air Force, or Marine Corps who died before January 1, 1956,

if a demand is not made by his legal representative, the General

Accounting Office may allow any amount due, to the person highest

on the following list living on the date of settlement:

''(1) Surviving spouse.

''(2) Children and their issue, per stirpes.

''(3) Father and mother in equal parts or, if either is dead,

the survivor.

''(4) Brothers and sisters, and their children, per stirpes.

''(b) Reimbursement for funeral expenses may be made from the

amount due the decedent's estate, if the person who paid the

expenses presents a claim for them before settlement by the General

Accounting Office.''

DESIGNATION OF BENEFICIARY MADE BEFORE JANUARY 1, 1956

Section 31 of Pub. L. 85-861 provided that: ''The designation of

a beneficiary made for the purposes of any six months' death

gratuity, including the designation of a person whose right to the

gratuity does not depend upon that designation, and received in the

military department concerned, the Department of the Treasury, the

Department of Commerce, or the Department of Health, Education, and

Welfare, as the case may be, before January 1, 1956, is considered

as the designation of a beneficiary for the purposes of section

2771 of title 10, United States Code (this section), section 714 of

title 32, United States Code, and sections 3 and 4 of this Act

(amending section 857a of Title 33, and section 213a of Title 42),

in the absence of a designation under one of those sections, unless

the member making the designation was missing, missing in action,

in the hands of a hostile force, or interned in a foreign country

any time after July 11, 1955, and before January 1, 1956.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1552 of this title; title

5 section 8316; title 24 section 420; title 32 section 714; title

33 section 3071; title 37 section 501; title 42 section 213a.

-CITE-

10 USC Sec. 2772 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2772. Share of fines and forfeitures to benefit Armed Forces

Retirement Home

-STATUTE-

(a) Deposit Required. - The Secretary of the military department

concerned shall deposit in the Armed Forces Retirement Home Trust

Fund a percentage (determined under subsection (b)) of the

following amounts:

(1) The amount of forfeitures and fines adjudged against an

enlisted member, warrant officer, or limited duty officer of the

armed forces by sentence of a court martial or under authority of

section 815 of this title (article 15) over and above any amount

that may be due from the member, warrant officer, or limited duty

officer for the reimbursement of the United States or any

individual.

(2) The amount of forfeitures on account of the desertion of an

enlisted member, warrant officer, or limited duty officer of the

armed forces.

(b) Determination of Percentage. - The Armed Forces Retirement

Home Board shall determine, on the basis of the financial needs of

the Armed Forces Retirement Home, the percentage of the amounts

referred to in subsection (a) to be deposited in the trust fund

referred to in such subsection.

(c) Application to Coast Guard. - In this section, the term

''armed forces'' does not include the Coast Guard when it is not

operating as a service in the Navy.

-SOURCE-

(Added Pub. L. 101-189, div. A, title III, Sec. 342(a)(1), Nov.

29, 1989, 103 Stat. 1419; amended Pub. L. 101-510, div. A, title

XV, Sec. 1533(a)(3), (4)(A), Nov. 5, 1990, 104 Stat. 1733.)

-MISC1-

PRIOR PROVISIONS

A prior section 2772, act Aug. 10, 1956, ch. 1041, 70A Stat. 156,

authorized withholding of pay of officers of the Army, Navy, Air

Force, or Marine Corps, and is covered by section 1007 of Title 37,

Pay and Allowances of the Uniformed Services, prior to repeal by

Pub. L. 87-649, Sec. 14c(3), Sept. 7, 1962, 76 Stat. 501, effective

Nov. 1, 1962.

AMENDMENTS

1990 - Pub. L. 101-510, Sec. 1533(a)(4)(A), substituted

''Retirement Home'' for ''retirement homes'' in section catchline

and amended text generally, substituting subsecs. (a) to (c)

relating to shares of fines and forfeitures to benefit the Armed

Forces Retirement Home for former subsecs. (a) and (b) relating to

shares of fines and forfeitures to benefit the Soldiers' Home and

the Naval Home.

Pub. L. 101-510, Sec. 1533(a)(3), inserted ''and forfeitures''

after ''fines'' in subsecs. (a)(1)(A) and (b)(1)(A) and substituted

'', warrant officer, or limited duty officer'' for ''or warrant

officer'' wherever appearing.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 1533(a)(3) of Pub. L. 101-510 provided that the amendment

by that section was effective Nov. 5, 1990, prior to repeal by Pub.

L. 107-107, div. A, title XIV, Sec. 1409, Dec. 28, 2001, 115 Stat.

1265.

Amendment by section 1533(a)(4)(A) of Pub. L. 101-510 effective

one year after Nov. 5, 1990, see section 1541 of Pub. L. 101-510,

formerly set out as an Effective Date note under section 401 of

Title 24, Hospitals and Asylums.

EFFECTIVE DATE

Section 342(b) of Pub. L. 101-189 provided that:

''(1) Subsection (a) of section 2772 of such title (10 U.S.C.

2772(a)), as added by subsection (a), shall apply with respect to

fines and forfeitures adjudged after the date of the enactment of

this Act (Nov. 29, 1989).

''(2) Subsection (b) of such section shall apply with respect to

fines and forfeitures adjudged after May 31, 1990.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 24 section 419.

-CITE-

10 USC Sec. 2773 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2773. Designation, powers, and accountability of deputy

disbursing officials

-STATUTE-

(a)(1) Subject to paragraph (3), a disbursing official of the

Department of Defense may designate a deputy disbursing official -

(A) to make payments as the agent of the disbursing official;

(B) to sign checks drawn on disbursing accounts of the

Secretary of the Treasury; and

(C) to carry out other duties required under law.

(2) The penalties for misconduct that apply to a disbursing

official apply to a deputy disbursing official designated under

this subsection.

(3) A disbursing official may make a designation under paragraph

(1) only with the approval of the Secretary of Defense or, in the

case of a disbursing official of a military department, the

Secretary of that military department.

(b)(1) If a disbursing official of the Department of Defense

dies, becomes disabled, or is separated from office, a deputy

disbursing official may continue the accounts and payments in the

name of the former disbursing official until the last day of the 2d

month after the month in which the death, disability, or separation

occurs. The accounts and payments shall be allowed, audited, and

settled as provided by law. The Secretary of the Treasury shall

honor checks signed in the name of the former disbursing official

in the same way as if the former disbursing official had continued

in office.

(2) The deputy disbursing official, and not the former disbursing

official or the estate of the former disbursing official, is liable

for the actions of the deputy disbursing official under this

subsection.

-SOURCE-

(Added Pub. L. 87-480, Sec. 1(1)(A), June 8, 1962, 76 Stat. 94;

amended Pub. L. 97-258, Sec. 2(b)(7)(B), Sept. 13, 1982, 96 Stat.

1054; Pub. L. 104-106, div. A, title IX, Sec. 913(a)(2), Feb. 10,

1996, 110 Stat. 410.)

-MISC1-

Historical and Revision Notes

1982 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2773(a) 10:2773.

31:103a. July 3, 1926, ch.

775, 44 Stat. 888;

June 6, 1972, Pub.

L. 92-310, Sec.

231(bb), 86 Stat.

212.

2773(b) 31:103b. July 31, 1953, ch.

300, 67 Stat. 296;

June 6, 1972, Pub.

L. 92-310, Sec.

231(ff), 86 Stat.

213.

-------------------------------

In the section, the words ''disbursing official'' are substituted

for ''disbursing officer'' for consistency with other titles of the

United States Code. The words ''Secretary of the Treasury'' are

substituted for ''Treasurer of the United States'' because of

section 1(a) of Reorganization Plan No. 26 of 1950 (eff. July 31,

1950, 64 Stat. 1280), restated as section 321 of the revised title

contained in section 1 of the bill. The text of 10:2773 is omitted

as being superseded by 31:103a and 103b.

In subsection (a)(1), before clause (A), the words ''With the

approval of a Secretary of a military department when the Secretary

considers it necessary'' are substituted for ''When, in the opinion

of the Secretary of the Army, Navy, or Air Force, the exigencies of

the service so require . . . with the approval of the head of their

executive department'' in 31:103a because of 10:101(7), to

eliminate unnecessary words, and for consistency. The title of

Secretary of War was changed to Secretary of the Army by section

205(a) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501), and by

sections 1 and 53 of the Act of August 10, 1956 (ch. 1041, 70A

Stat. 157, 676). The Secretary of the Air Force is included because

of sections 205(a) and 207(a) and (f) of the Act of July 26, 1947

(ch. 343, 61 Stat. 501, 502), and section 1 of the Act of August

10, 1956 (ch. 1041, 70A Stat. 488). The words ''deputy disbursing

official'' are substituted for ''deputies'' for clarity. In clause

(A), the words ''to make payments'' are substituted for ''for the

purpose of having them make disbursements'' to eliminate

unnecessary words. In clause (C), the words ''to be performed by

such disbursing officers'' are omitted as unnecessary.

In subsection (a)(2), the words ''deputy disbursing official''

are substituted for ''agent officer'' for clarity and consistency.

In subsection (b)(1), the word ''disabled'' is substituted for

''incapacity'' for consistency in the title. The word ''until'' is

substituted for ''for a period of time not to extend beyond'' to

eliminate unnecessary words.

In subsection (b)(2), the words ''The deputy disbursing official,

and not the former disbursing official or the estate of the former

disbursing official'' are substituted for ''The former disbursing

officer or his estate . . . but the deputy disbursing officer shall

be responsible therefor'' for clarity and because of the

restatement. The word ''liable'' is substituted for ''subject to

any legal liability or penalty'' to eliminate unnecessary words.

The word ''actions'' is substituted for ''official acts and

defaults''. The words ''in the name or in the place of the former

disbursing officer'' are omitted as unnecessary.

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-106, Sec. 913(a)(2)(A)(i),

substituted ''Subject to paragraph (3), a disbursing official of

the Department of Defense'' for ''With the approval of a Secretary

of a military department when the Secretary considers it necessary,

a disbursing official of the military department''.

Subsec. (a)(3). Pub. L. 104-106, Sec. 913(a)(2)(A)(ii), added

par. (3).

Subsec. (b)(1). Pub. L. 104-106, Sec. 913(a)(2)(B), substituted

''the Department of Defense'' for ''any military department''.

1982 - Pub. L. 97-258 substituted provisions authorizing a

disbursing official of a military department to designate a deputy

disbursing official with the same duties and penalties for

misconduct as those of the disbursing official and allowing a

deputy disbursing official to continue the accounts and payments in

the name of a former disbursing official for two months after the

death, disability, or separation of the former disbursing official

for provisions authorizing any officer of an armed force

accountable for public money to entrust it to another officer of an

armed force to make disbursement as his agent, with both officers

pecuniarily responsible to the United States for that money.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 14 section 673.

-CITE-

10 USC Sec. 2773a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2773a. Departmental accountable officials

-STATUTE-

(a) Designation by Secretary of Defense. - The Secretary of

Defense may designate any civilian employee of the Department of

Defense or member of the armed forces under the Secretary's

jurisdiction who is described in subsection (b) as an employee or

member who, in addition to any other potential accountability, may

be held accountable through personal monetary liability for an

illegal, improper, or incorrect payment made (FOOTNOTE 1) the

Department of Defense described in subsection (c). Any such

designation shall be in writing. Any employee or member who is so

designated may be referred to as a ''departmental accountable

official''.

(FOOTNOTE 1) So in original. Probably should be followed by

''by''.

(b) Covered Employees and Members. - An employee or member of the

armed forces described in this subsection is an employee or member

who -

(1) is responsible in the performance of the employee's or

member's duties for providing to a certifying official of the

Department of Defense information, data, or services that are

directly relied upon by the certifying official in the

certification of vouchers for payment; and

(2) is not otherwise accountable under subtitle III of title 31

or any other provision of law for payments made on the basis of

such vouchers.

(c) Pecuniary Liability. - (1) The Secretary of Defense may

subject a departmental accountable official to pecuniary liability

for an illegal, improper, or incorrect payment made by the

Department of Defense if the Secretary determines that such payment

-

(A) resulted from information, data, or services that that

official provided to a certifying official and upon which that

certifying official directly relies in certifying the voucher

supporting that payment; and

(B) was the result of fault or negligence on the part of that

departmental accountable official.

(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 illegal, improper, or incorrect payment is joint

and several with that of any other officer or employee of the

United States or member of the uniformed services who is

pecuniarily liable for such loss.

(d) Certifying Official Defined. - In this section, the term

''certifying official'' means an employee who has the

responsibilities specified in section 3528(a) of title 31.

-SOURCE-

(Added Pub. L. 107-314, div. A, title X, Sec. 1005(a), Dec. 2,

2002, 116 Stat. 2631.)

-CITE-

10 USC Sec. 2774 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2774. Claims for overpayment of pay and allowances and of

travel and transportation allowances

-STATUTE-

(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

$1,500; 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 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.

-SOURCE-

(Added Pub. L. 92-453, Sec. 1(1), Oct. 2, 1972, 86 Stat. 758;

amended Pub. L. 96-513, title V, Sec. 511(98), Dec. 12, 1980, 94

Stat. 2928; Pub. L. 99-224, Sec. 2(a), Dec. 28, 1985, 99 Stat.

1741; Pub. L. 100-26, Sec. 7(j)(7)(A), (B), Apr. 21, 1987, 101

Stat. 283; Pub. L. 102-190, div. A, title VI, Sec. 657(b), Dec. 5,

1991, 105 Stat. 1393; Pub. L. 104-316, title I, Sec. 105(b), Oct.

19, 1996, 110 Stat. 3830.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-316, Sec. 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, Sec. 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, Sec. 7(j)(7)(A), substituted ''allowances

and of'' for ''allowances, and'' in section catchline.

Subsec. (a). Pub. L. 100-26, Sec. 7(j)(7)(B), struck out ''as

defined in section 101(3) of title 37,'' after ''uniformed

services,''.

1985 - Pub. L. 99-224, Sec. 2(a)(1), substituted ''and'' for

''other than'' in section catchline.

Subsec. (a). Pub. L. 99-224, Sec. 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, Sec. 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''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment 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 130c of Title 2, The Congress.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment 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 AMENDMENT

Amendment 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, Sec. 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, Sec. 8060, Sept. 30, 1994, 108 Stat.

2633.

Pub. L. 103-139, title VIII, Sec. 8071, Nov. 11, 1993, 107 Stat.

1457.

Pub. L. 102-396, title IX, Sec. 9100, Oct. 6, 1992, 106 Stat.

1926.

Pub. L. 102-172, title VIII, Sec. 8138, Nov. 26, 1991, 105 Stat.

1212.

-CITE-

10 USC Sec. 2775 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2775. Liability of members assigned to military housing

-STATUTE-

(a)(1) A member of the armed forces shall be liable to the United

States for damage to any family housing unit or unaccompanied

personnel housing unit, or damage to or loss of any equipment or

furnishings of any family housing unit or unaccompanied personnel

housing unit, assigned to or provided such member if (as determined

under regulations prescribed by the Secretary of Defense or the

Secretary of Homeland Security with respect to the Coast Guard when

it is not operating as a service in the Navy) the damage or loss

was caused by the abuse or negligence of the member (or a dependent

of the member) or of a guest of the member (or a dependent of the

member).

(2) A member of the armed forces -

(A) who is assigned or provided a family housing unit; and

(B) who fails to clean satisfactorily that housing unit (as

determined under regulations prescribed by the Secretary of

Defense or the Secretary of Homeland Security with respect to the

Coast Guard when it is not operating as a service in the Navy)

upon termination of the assignment or provision of that housing

unit,

shall be liable to the United States for the cost of cleaning made

necessary as a result of that failure.

(b) The Secretary of Defense, and the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy, may establish limitations on liability

under this section, including (in the case of liability under

subsection (a)(1)) different limitations based upon the degree of

abuse or negligence involved, and may compromise or waive a claim

of the United States under this section.

(c)(1) The Secretary concerned may deduct from a member's pay an

amount sufficient to pay for the cost of any repair or replacement

made necessary as the result of any abuse or negligence referred to

in subsection (a)(1), or the cost of any cleaning made necessary by

a failure to clean satisfactorily a family housing unit referred to

in subsection (a)(2), for which the member is liable. Regulations

implementing this section may also provide for the collection of

amounts owed under this section by any other authorized means.

(2) The final determination of an amount to be deducted from the

pay of an officer of an armed force in accordance with regulations

prescribed under this section shall be deemed to be a special order

authorizing such deduction for the purposes of section 1007 of

title 37.

(d) Amounts received under this section shall be credited to the

family housing operations and maintenance account, in the case of

damage to a family housing unit (or the equipment or furnishings of

a family housing unit) or failure to clean satisfactorily a family

housing unit, or to the operations and maintenance account, in the

case of damage to an unaccompanied personnel housing unit (or the

equipment or furnishings of an unaccompanied personnel housing

unit), of the military department or defense agency concerned, or

the operating expenses account of the Coast Guard, as appropriate.

Amounts so credited shall be available for use for the same

purposes and under the same circumstances as other funds in those

accounts.

(e) The Secretary of Defense, and the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy, shall prescribe regulations to carry out

this section. Such regulations shall include -

(1) regulations for determining the cost of repairs and

replacements made necessary as the result of abuse or negligence

for which a member is liable under subsection (a)(1);

(2) regulations for determining the cost of cleaning made

necessary as a result of the failure to clean satisfactorily for

which a member is liable under subsection (a)(2); and

(3) provisions for limitations of liability, the compromise or

waiver of claims, and the collection of amounts owed under this

section.

-SOURCE-

(Added Pub. L. 96-418, title V, Sec. 506(a), Oct. 10, 1980, 94

Stat. 1765; amended Pub. L. 97-214, Sec. 10(a)(6), July 12, 1982,

96 Stat. 175; Pub. L. 98-407, title VIII, Sec. 801(a)(1), Aug. 28,

1984, 98 Stat. 1517; Pub. L. 99-167, title VIII, Sec.

802(a)-(d)(1), Dec. 3, 1985, 99 Stat. 986; Pub. L. 99-661, div. A,

title XIII, Sec. 1343(a)(19), Nov. 14, 1986, 100 Stat. 3993; Pub.

L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a)(1), (2)(B), (b), (e). Pub. L. 107-296

substituted ''of Homeland Security'' for ''of Transportation''.

1986 - Subsec. (a)(1). Pub. L. 99-661, Sec. 1343(a)(19)(A),

substituted ''(as determined under regulations prescribed by the

Secretary of Defense or the Secretary of Transportation with

respect to the Coast Guard when it is not operating as a service in

the Navy) the'' for ''it is determined, under regulations

prescribed by the Secretary of Defense and the Secretary of

Transportation when the Coast Guard is not operating as a service

in the Navy, that the''.

Subsec. (b). Pub. L. 99-661, Sec. 1343(a)(19)(B), inserted a

comma after ''Secretary of Defense'', substituted ''with respect to

the Coast Guard when it'' for ''when the Coast Guard'', and

inserted a comma after ''Navy''.

Subsec. (e). Pub. L. 99-661, Sec. 1343(a)(19)(C), substituted

''with respect to the Coast Guard when it'' for ''when the Coast

Guard''.

1985 - Pub. L. 99-167, Sec. 802(d)(1), substituted ''assigned to

military housing'' for ''for damage to housing and related

equipment and furnishings'' in section catchline.

Subsec. (a). Pub. L. 99-167, Sec. 802(a), (b)(1), designated

existing provisions as par. (1), and in par. (1) as so designated,

inserted ''and the Secretary of Transportation when the Coast Guard

is not operating as a service in the Navy'', and added par. (2).

Subsec. (b). Pub. L. 99-167, Sec. 802(b)(1), (c)(1), inserted

''and the Secretary of Transportation when the Coast Guard is not

operating as a service in the Navy'' and ''(in the case of

liability under subsection (a)(1))''.

Subsec. (c)(1). Pub. L. 99-167, Sec. 802(c)(2), substituted

''subsection (a)(1), or the cost of any cleaning made necessary by

a failure to clean satisfactorily a family housing unit referred to

in subsection (a)(2),'' for ''subsection (a)''.

Subsec. (d). Pub. L. 99-167, Sec. 802(b)(2), (c)(3), inserted

''or failure to clean satisfactorily a family housing unit'' and

'', or the operating expenses account of the Coast Guard, as

appropriate''.

Subsec. (e). Pub. L. 99-167, Sec. 802(c)(4), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: ''The

Secretary of Defense shall prescribe regulations to carry out the

provisions of this section, including (1) regulations for

determining the cost of repairs and replacements made necessary as

the result of abuse or negligence referred to in subsection (a),

and (2) regulations providing for limitations of liability, the

compromise or waiver of claims, and the collection of amounts owed

under this section.''

1984 - Pub. L. 98-407 substituted ''Liability of members for

damage to housing and related equipment and furnishings'' for

''Liability of member for damages to family housing, equipment, and

furnishings'' in section catchline.

Subsec. (a). Pub. L. 98-407 amended subsec. (a) generally,

inserting references to unaccompanied personnel housing units, and

expanding liability of members of the Armed Forces to include

damages caused by the abuse or negligence of a guest of the member

or of a dependent of the member.

Subsec. (b). Pub. L. 98-407 added subsec. (b). Former subsec. (b)

redesignated (c).

Subsec. (c). Pub. L. 98-407 redesignated former subsec. (b) as

(c), in subsec. (c)(1) as so redesignated substituted reference to

any abuse or negligence for which the member is liable for

reference to any abuse or negligence on the part of such member or

any dependent of such member, inserted provision that regulations

implementing this section may also provide for the collection of

amounts owed under this section by any other authorized means, and

in subsec. (c)(2), as so redesignated, substituted reference to

regulations prescribed under this section for reference to

regulations issued under this section. Former subsec. (c)

redesignated (d).

Subsec. (d). Pub. L. 98-407 redesignated former subsec. (c) as

(d) and substituted provisions requiring that amounts received

under this section be credited either to the family housing

operations and maintenance account of the department or agency

concerned, (in the case of damage to family housing or equipment or

furnishings therein) or the operations and maintenance account of

the department or agency concerned (in the case of damage to an

unaccompanied personnel housing unit or equipment or furnishings

therein) for provisions that amounts deducted from members' pay

under this section had to be credited to the Department of Defense

Military Family Housing Management Account provided for in section

2831 of this title. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 98-407 redesignated former subsec. (d) as

(e)(1), substituted reference to abuse or negligence referred to in

subsec. (a) for reference to abuse or negligence on the part of a

member or dependent of a member, and added par. (2).

1982 - Subsec. (c). Pub. L. 97-214, Sec. 10(a)(6), substituted

''Military Family Housing Management Account provided for in

section 2831 of this title'' for ''family housing management

account established under section 501 of Public Law 87-554 (76

Stat. 236; 42 U.S.C. 1594a-1)''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and

applicable to military construction projects, and to construction

and acquisition of military family housing authorized before, on,

or after such date, see section 12(a) of Pub. L. 97-214, set out as

an Effective Date note under section 2801 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 608 of title VI of

Pub. L. 96-418, set out as an Effective Date of 1980 Amendment note

under section 2675 of this title.

PROMULGATION OF REGULATIONS AND APPLICABILITY OF 1984 AMENDMENTS

Section 801(b) of Pub. L. 98-407 provided that:

''(1) Regulations shall be prescribed under subsection (e) of

section 2775 of title 10, United States Code, as amended by

subsection (a), not later than 180 days after the date of the

enactment of this Act (Aug. 28, 1984). That section shall apply

with respect to the liability of a member under such section for

damage or loss to an unaccompanied personnel housing unit (or the

equipment or furnishings of an unaccompanied personnel housing

unit) or for damage or loss caused by a guest of the member or of a

dependent of the member to a family housing unit (or the equipment

or furnishings of a family housing unit) only in the case of damage

or loss caused on or after the date that such regulations take

effect.

''(2) The authority of the Secretary of Defense under subsection

(b) of such section is applicable to any claim of the United States

under such section, whether such claim arose before, on, or after

the date of the enactment of this Act (Aug. 28, 1984).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2782 of this title.

-CITE-

10 USC Sec. 2776 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2776. Use of receipts of public money for current expenditures

-STATUTE-

Without deposit to the credit of the Secretary of the Treasury

and without withdrawal on money requisitions, a disbursing official

of the Department of Defense may use receipts of public money

charged in the disbursing official's accounts (except receipts to

be credited to river, harbor, and flood control appropriations) for

current expenditures, with necessary bookkeeping adjustments being

made.

-SOURCE-

(Added Pub. L. 97-258, Sec. 2(b)(8)(B), Sept. 13, 1982, 96 Stat.

1055.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2776 31:493a. Aug. 1, 1953, ch.

305, Sec. 611, 67

Stat. 350.

-------------------------------

The words ''disbursing official'' are substituted for ''officer .

. . on disbursing duty'' for consistency with other titles of the

United States Code. The words ''On and after August 1, 1953'' are

omitted as executed. The words ''Secretary of the Treasury'' are

substituted for ''Treasury of the United States'' because of

section 1(a) of Reorganization Plan No. 26 of 1950 (eff. July 31,

1950, 64 Stat. 1280), restated in section 321 of the revised title

contained in section 1 of the bill. The words ''from sales or

other sources'' are omitted as surplus. The words ''with'' and

''being'' are added because of the restatement. The words ''of

appropriations, funds, and accounts to be . . . in the settlement

of their disbursing accounts'' are omitted as unnecessary.

PRIOR PROVISIONS

Act Aug. 1, 1953, cited as the source of this section in the

Historical and Revision Notes above, is known as the Department of

Defense Appropriation Act, 1954. Similar provisions were contained

in the following appropriation acts:

July 10, 1952, ch. 630, title VI, Sec. 613, 66 Stat. 532.

Oct. 18, 1951, ch. 512, title VI, Sec. 613, 65 Stat. 446.

Sept. 6, 1950, ch. 896, Ch. X, title VI, Sec. 615, 64 Stat. 753.

Oct. 29, 1949, ch. 787, title VI, Sec. 618, 63 Stat. 1020.

June 24, 1948, ch. 632, 62 Stat. 651.

July 30, 1947, ch. 357, title I, Sec. 1, 61 Stat. 551.

July 16, 1946, ch. 583, Sec. 1, 60 Stat. 543.

July 3, 1945, ch. 265, Sec. 1, 59 Stat. 386.

June 28, 1944, ch. 303, Sec. 1, 58 Stat. 575.

July 1, 1943, ch. 185, Sec. 1, 57 Stat. 349.

July 2, 1942, ch. 477, Sec. 1, 56 Stat. 613.

June 30, 1941, ch. 262, Sec. 1, 55 Stat. 369.

June 13, 1940, ch. 343, Sec. 1, 54 Stat. 355.

Apr. 26, 1939, ch. 88, Sec. 1, 53 Stat. 597.

June 11, 1938, ch. 347, Sec. 1, 52 Stat. 646.

July 1, 1937, ch. 423, Sec. 1, 50 Stat. 446.

-CITE-

10 USC Sec. 2777 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2777. Requisitions for advances and removal of charges

outstanding in accounts of advances

-STATUTE-

(a) The Secretary of a military department may issue to a

disbursing official or agent of the department a requisition for an

advance of not more than the total appropriation for the

department. The amount advanced shall be -

(1) under an ''account of advances'' for the department;

(2) on a proper voucher;

(3) only for obligations payable under specific appropriations;

(4) charged to, and within the limits of, each specific

appropriation; and

(5) returned to the account of advances.

(b) A charge outstanding in an account of advances of a military

department shall be removed by crediting the account of advances of

the department and deducting the amount of the charge from an

appropriation made available for advances to the department when -

(1) relief has been granted or may be granted later to a

disbursing official or agent of the department operating under an

account of advances and under a law having no provision for

removing charges outstanding in an account of advances; or

(2) the charge has been -

(A) outstanding in the account of advances of the department

for 2 complete fiscal years; and

(B) certified by the head of the department as uncollectable.

(c) Subsection (b) does not affect the financial liability of a

disbursing official or agent.

-SOURCE-

(Added Pub. L. 97-258, Sec. 2(b)(8)(B), Sept. 13, 1982, 96 Stat.

1055; amended Pub. L. 98-525, title XIV, Sec. 1405(43), Oct. 19,

1984, 98 Stat. 2625; Pub. L. 104-316, title I, Sec. 105(c), Oct.

19, 1996, 110 Stat. 3830.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2777(a) 31:536, 537. June 5, 1920, ch.

240 (1st, 2d pars.

under heading

''Advances to

Disbursing

Officers''), 41

Stat. 975.

31:539, 540. June 19, 1878, ch.

312, Sec. 1, 2, 20

Stat. 167.

2777(b), (c) 31:95b (related to June 4, 1954, ch.

Army, Navy, Air 264, Sec. 1

Force). (related to Army,

Navy, Air Force),

68 Stat. 175; June

6, 1972, Pub. L. 92-

310, Sec. 231(gg),

86 Stat. 213.

-------------------------------

In the section, the words ''disbursing official'' are substituted

for ''disbursing officers'' for consistency with other titles of

the United States Code.

In subsection (a), before clause (1), the words ''Secretary of a

military department'' are substituted for ''Secretary of the Army''

in 31:536 and for ''Secretary of the Navy'' in 31:539 because of

10:101(7). The title of Secretary of War was changed to Secretary

of the Army by section 205(a) of the Act of July 26, 1947 (ch. 343,

61 Stat. 501), and by sections 1 and 53 of the Act of August 10,

1956 (ch. 1041, 70A Stat. 157, 676). The Secretary of the Air Force

is included because of sections 205(a) and 207(a) and (f) of the

Act of July 26, 1947 (ch. 343, 61 Stat. 501, 502), and section 1 of

the Act of August 10, 1956 (ch. 1041, 70A Stat. 488). In clause

(1), the word ''General'' in 31:539 is omitted as surplus. In

clause (3), the words ''and 'Pay of the Navy' shall be used only

for its legitimate purpose, as provided by law'' are omitted as

unnecessary. In clause (5), the words ''by pay and

counterwarrant'' in 31:537 and 540 are omitted as unnecessary.

In subsection (b), before clause (1), the word ''appropriate'' is

omitted as surplus. The words ''deducting the amount of the charge

from'' are substituted for ''debiting'' for clarity. In clause

(2)(B), the word ''concerned'' is omitted as surplus.

In subsection (c), the words ''in any way'' and ''of the United

States'' are omitted as surplus.

AMENDMENTS

1996 - Subsec. (b)(2)(B). Pub. L. 104-316 struck out ''to the

Comptroller General'' after ''head of the department''.

1984 - Subsec. (c). Pub. L. 98-525 struck out ''of this section''

after ''Subsection (b)''.

-CITE-

10 USC Sec. 2778 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

(Sec. 2778. Repealed. Pub. L. 104-316, title I, Sec. 105(d), Oct.

19, 1996, 110 Stat. 3830)

-MISC1-

Section, added Pub. L. 97-258, Sec. 2(b)(8)(B), Sept. 13, 1982,

96 Stat. 1055, related to management of accounts of military

departments by Comptroller General.

-CITE-

10 USC Sec. 2779 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2779. Use of funds because of fluctuations in currency

exchange rates of foreign countries

-STATUTE-

(a) Transfers Back to Foreign Currency Fluctuations

Appropriation. - (1) Funds transferred from the appropriation

''Foreign Currency Fluctuations, Defense'' may be transferred back

to the appropriation -

(A) when the funds are not needed to pay obligations incurred

because of fluctuations in currency exchange rates of foreign

countries in the appropriation to which the funds were originally

transferred; and

(B) because of subsequent favorable fluctuations in the rates

or because other funds are, or become, available to pay the

obligations.

(2) A transfer back to the Foreign Currency Fluctuations, Defense

appropriation may not be made after the end of the second fiscal

year after the fiscal year that the appropriation to which the

funds were originally transferred is available for obligation.

(b) Funding for Losses in Military Construction and Family

Housing. - (1) One hundred million dollars, plus $25,000,000 from

Family Housing, Defense, are appropriated to the Secretary of

Defense, to remain available until spent. The appropriation is

available only to provide funds to eliminate losses in military

construction or expenses of family housing for the Department of

Defense caused by fluctuations in currency exchange rates of

foreign countries that changed after a budget request was submitted

to Congress.

(2) Funds provided under this subsection are merged with and are

available for the same purpose and for the same time period as the

appropriation to which they are applied. An authorization or

limitation limiting the amount that may be obligated or spent is

increased to the extent necessary to reflect fluctuations in

exchange rates from those used in preparing the budget submission.

(3) An obligation payable in the currency of a foreign country

may be recorded as an obligation based on exchange rates used in

preparing a budget submission. A change reflecting fluctuations in

the exchange rate may be recorded as a disbursement is made.

(c) Transfers to Military Personnel Accounts. - The Secretary of

Defense may transfer funds to military personnel appropriations for

a fiscal year out of funds available to the Department of Defense

for that fiscal year under the appropriation ''Foreign Currency

Fluctuations, Defense''.

(d) Transfers to Foreign Currency Fluctuations Account. - (1) The

Secretary of Defense may transfer to the appropriation ''Foreign

Currency Fluctuations, Defense'' unobligated amounts of funds

appropriated for operation and maintenance and unobligated amounts

of funds appropriated for military personnel.

(2) Any transfer from an appropriation under paragraph (1) shall

be made not later than the end of the second fiscal year following

the fiscal year for which the appropriation is provided.

(3) Any transfer made pursuant to the authority provided in this

subsection shall be limited so that the amount in the appropriation

''Foreign Currency Fluctuations, Defense'' does not exceed

$970,000,000 at the time the transfer is made.

(e) Conditions of Availability for Transferred Funds. - Amounts

transferred under subsection (c) or (d) shall be merged with and be

available for the same purposes and for the same period as the

appropriations to which transferred.

-SOURCE-

(Added Pub. L. 97-258, Sec. 2(b)(8)(B), Sept. 13, 1982, 96 Stat.

1056; amended Pub. L. 101-510, div. A, title XIII, Sec. 1301(15),

Nov. 5, 1990, 104 Stat. 1668; Pub. L. 104-106, div. A, title IX,

Sec. 911(a)-(c), (e), Feb. 10, 1996, 110 Stat. 406, 407.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2779(a) 31:628-2. July 25, 1979, Pub.

L. 96-38, Sec. 100

(last par. under

heading ''General

Provisions''), 93

Stat. 100.

2779(b) 31:628-3. Nov. 30, 1979, Pub.

L. 96-130, Sec. 100

(par. under heading

''Foreign Currency

Fluctuation,

Construction,

Defense''), 93

Stat. 1019.

-------------------------------

In subsection (a)(1), before clause (A), the words ''during the

current fiscal year or on and after July 25, 1979'' are omitted as

executed. The words ''from an appropriation to which they were

transferred'' are omitted as surplus. In clause (A), the words

''of foreign countries'' are added for consistency.

In subsection (a)(2), the words ''back to the Foreign Currency

Fluctuations, Defense appropriation'' are substituted for

''authorized by this provision'' for clarity.

In subsection (b)(1), the words ''the sum of'', ''which shall be

derived'', and ''to appropriations and funds'' are omitted as

surplus. The word ''only'' is added for clarity. The words ''for

those appropriations or funds'' are omitted as surplus. The words

''available during fiscal year 1980, or thereafter'' are omitted as

executed. The words ''Department of Defense'' are substituted for

''military departments and Defense agencies'' because of 10:101(5).

In subsection (b)(2), the words ''or fund'' are omitted as

surplus. The words ''now or on and after November 30, 1979'' are

omitted as executed. The words ''contained within appropriations

or other provisions of law'', ''hereby'', and ''applicable'' are

omitted as surplus.

In subsection (b)(3), the words ''contracts or other . . .

entered into'' are omitted as surplus.

PRIOR PROVISIONS

Provisions similar to those in subsec. (d) of this section were

contained in Pub. L. 97-377, title I, Sec. 101(c) (title VII, Sec.

791), Dec. 21, 1982, 96 Stat. 1865, which was set out as a note

under section 114 of this title, prior to repeal by Pub. L.

104-106, Sec. 911(d)(2).

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106, Sec. 911(e)(1), inserted

heading.

Subsec. (a)(2). Pub. L. 104-106, Sec. 911(e)(2), substituted

''second fiscal year'' for ''2d fiscal year''.

Subsec. (b). Pub. L. 104-106, Sec. 911(e)(3), inserted heading.

Subsec. (c). Pub. L. 104-106, Sec. 911(a), added subsec. (c).

Subsec. (d). Pub. L. 104-106, Sec. 911(b), added subsec. (d).

Subsec. (e). Pub. L. 104-106, Sec. 911(c), added subsec. (e).

1990 - Subsec. (b)(4). Pub. L. 101-510 struck out par. (4) which

read as follows: ''The Secretary each year shall report to Congress

on funds made available under this subsection.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 911(f) of Pub. L. 104-106 provided that: ''Subsections

(c) and (d) of section 2779 of title 10, United States Code, as

added by subsections (a) and (b), and the repeals made by

subsection (d) (repealing provisions set out as a note under

section 114 of this title), shall apply only with respect to

amounts appropriated for a fiscal year after fiscal year 1995.''

-CITE-

10 USC Sec. 2780 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2780. Debt collection

-STATUTE-

(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

shall apply to any such contract, to the extent not inconsistent

with this subsection.

(b) The Secretary shall disclose to consumer reporting agencies,

in accordance with paragraph (1) of section 3711(e) of title 31,

information concerning any debt described in subsection (a) of more

than $100 that is delinquent by more than 31 days.

-SOURCE-

(Added Pub. L. 99-661, div. A, title XIII, Sec. 1309(a), Nov. 14,

1986, 100 Stat. 3982; amended Pub. L. 104-316, title I, Sec.

115(g)(2)(C), Oct. 19, 1996, 110 Stat. 3835.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-316 substituted ''section

3711(e)'' for ''section 3711(f)''.

CONTRACTS FOR RECOVERY OF INDEBTEDNESS

Pub. L. 101-165, title IX, Sec. 9019, Nov. 21, 1989, 103 Stat.

1133, provided that: ''During the current fiscal year and

hereafter, the Department of Defense may enter into contracts to

recover indebtedness to the United States pursuant to section 3718

of title 31, United States Code.''

-CITE-

10 USC Sec. 2781 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2781. Availability of appropriations: exchange fees; losses in

accounts

-STATUTE-

Amounts appropriated to the Department of Defense may be used for

-

(1) exchange fees; and

(2) losses in the accounts of disbursing officials and agents

in accordance with law.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(m)(1), July 19, 1988, 102 Stat.

849.)

-MISC1-

HISTORICAL AND REVISION NOTES

Section is based on Pub. L. 99-190, Sec. 101(b) (title VIII, Sec.

8006(c)), Dec. 19, 1985, 99 Stat. 1185, 1203.

-CITE-

10 USC Sec. 2782 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2782. Damage to real property: disposition of amounts

recovered

-STATUTE-

Except as provided in section 2775 of this title, amounts

recovered for damage caused to real property under the jurisdiction

of the Secretary of a military department or, with respect to the

Defense Agencies, under the jurisdiction of the Secretary of

Defense shall be credited to the account available for the repair

or replacement of the real property at the time of recovery. In

such amounts as are provided in advance in appropriation Acts,

amounts so credited shall be available for use for the same

purposes and under the same circumstances as other funds in the

account.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2821(a), Feb.

10, 1996, 110 Stat. 556.)

-MISC1-

PRIOR PROVISIONS

A prior section 2782, added Pub. L. 101-189, div. A, title XVI,

Sec. 1603(a)(1), Nov. 29, 1989, 103 Stat. 1597, related to limits

on restoration of unobligated balances withdrawn from availability

for obligation, prior to repeal by Pub. L. 101-510, div. A, title

XIV, Sec. 1405(c)(1), Nov. 5, 1990, 104 Stat. 1680.

-CITE-

10 USC Sec. 2783 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2783. Nonappropriated fund instrumentalities: financial

management and use of nonappropriated funds

-STATUTE-

(a) Regulation of Management and Use of Nonappropriated Funds. -

The Secretary of Defense shall prescribe regulations governing -

(1) the purposes for which nonappropriated funds of a

nonappropriated fund instrumentality of the United States within

the Department of Defense may be expended; and

(2) the financial management of such funds to prevent waste,

loss, or unauthorized use.

(b) Penalties for Violations. - (1) A civilian employee of the

Department of Defense who is paid from nonappropriated funds and

who commits a substantial violation of the regulations prescribed

under subsection (a) shall be subject to the same penalties as are

provided by law for misuse of appropriations by a civilian employee

of the Department of Defense paid from appropriated funds. The

Secretary of Defense shall prescribe regulations to carry out this

paragraph.

(2) The Secretary shall provide in regulations that a violation

of the regulations prescribed under subsection (a) by a person

subject to chapter 47 of this title (the Uniform Code of Military

Justice) is punishable as a violation of section 892 of this title

(article 92 of the Uniform Code of Military Justice).

(c) Notification of Violations. - (1) A civilian employee of the

Department of Defense (whether paid from nonappropriated funds or

from appropriated funds), and a member of the armed forces, whose

duties include the obligation of nonappropriated funds, shall

notify the Secretary of Defense of information which the person

reasonably believes evidences -

(A) a violation by another person of any law, rule, or

regulation regarding the management of such funds; or

(B) other mismanagement or gross waste of such funds.

(2) The Secretary of Defense shall designate civilian employees

of the Department of Defense or members of the armed forces to

receive a notification described in paragraph (1) and ensure the

prompt investigation of the validity of information provided in the

notification.

(3) The Secretary shall prescribe regulations to protect the

confidentiality of a person making a notification under paragraph

(1).

-SOURCE-

(Added Pub. L. 102-484, div. A, title III, Sec. 362(a), Oct. 23,

1992, 106 Stat. 2379, Sec. 2490a; renumbered Sec. 2783 and amended

Pub. L. 103-160, div. A, title XI, Sec. 1182(a)(8)(A), Nov. 30,

1993, 107 Stat. 1771.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-160 renumbered section 2490a of this title as

this section.

Subsec. (b)(2). Pub. L. 103-160, Sec. 1182(a)(8)(A)(i),

substituted ''chapter 47 of this title'' for ''chapter 47 of title

10, United States Code'', ''Justice) is'' for ''Justice), is'', and

''section 892 of this title'' for ''section 892 of such title''.

Subsec. (c)(1). Pub. L. 103-160, Sec. 1182(a)(8)(A)(ii),

substituted ''armed forces'' for ''Armed Forces''.

STANDARDIZATION OF CERTAIN PROGRAMS AND ACTIVITIES OF MILITARY

EXCHANGES

Section 361 of Pub. L. 102-484 provided that:

''(a) Standardization of Exchanges. - The Secretary of Defense

shall standardize among the military departments the following

programs and activities of the military exchanges of the military

departments:

''(1) Accounting (including account titles and item

descriptions).

''(2) Financial reporting formats.

''(3) Automatic data processing and telecommunications data in

order to facilitate the transfer of information among military

exchanges.

''(b) Time and Manner. - The standardization of programs and

activities required by subsection (a) shall be completed not later

than March 31, 1994, and shall be carried out in the most efficient

manner practicable.

''(c) Report. - Not later than March 31, 1993, the Secretary of

Defense shall submit to the Congress a report on other programs and

activities of the military exchanges, if any, that the Secretary

determines can be economically and efficiently managed through

standardization or consolidation under a single nonappropriated

fund instrumentality.''

-CITE-

10 USC Sec. 2784 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2784. Management of purchase cards

-STATUTE-

(a) Management of Purchase Cards. - The Secretary of Defense

shall prescribe regulations governing the use and control of all

purchase cards and convenience checks that are issued to Department

of Defense personnel for official use. Those regulations shall be

consistent with regulations that apply Government-wide regarding

use of purchase cards by Government personnel for official

purposes.

(b) Required Safeguards and Internal Controls. - Regulations

under subsection (a) shall include safeguards and internal controls

to ensure the following:

(1) That there is a record in the Department of Defense of each

holder of a purchase card issued by the Department of Defense for

official use, annotated with the limitations on amounts that are

applicable to the use of each such card by that purchase card

holder.

(2) That the holder of a purchase card and each official with

authority to authorize expenditures charged to the purchase card

are responsible for -

(A) reconciling the charges appearing on each statement of

account for that purchase card with receipts and other

supporting documentation; and

(B) forwarding that statement after being so reconciled to

the designated disbursing office in a timely manner.

(3) That any disputed purchase card charge, and any discrepancy

between a receipt and other supporting documentation and the

purchase card statement of account, is resolved in the manner

prescribed in the applicable Government-wide purchase card

contract entered into by the Administrator of General Services.

(4) That payments on purchase card accounts are made promptly

within prescribed deadlines to avoid interest penalties.

(5) That rebates and refunds based on prompt payment on

purchase card accounts are properly recorded.

(6) That records of each purchase card transaction (including

records on associated contracts, reports, accounts, and invoices)

are retained in accordance with standard Government policies on

the disposition of records.

(7) That periodic reviews are performed to determine whether

each purchase card holder has a need for the purchase card.

(8) That the Inspector General of the Department of Defense,

the Inspector General of the Army, the Naval Inspector General,

and the Inspector General of the Air Force perform periodic

audits to identify -

(A) potentially fraudulent, improper, and abusive uses of

purchase cards;

(B) any patterns of improper card holder transactions, such

as purchases of prohibited items; and

(C) categories of purchases that should be made by means

other than purchase cards in order to better aggregate

purchases and obtain lower prices.

(9) That appropriate training is provided to each purchase card

holder and each official with responsibility for overseeing the

use of purchase cards issued by the Department of Defense.

(10) That the Department of Defense has specific policies

regarding the number of purchase cards issued by various

organizations and categories of organizations, the credit limits

authorized for various categories of card holders, and categories

of employees eligible to be issued purchase cards, and that those

policies are designed to minimize the financial risk to the

Federal Government of the issuance of the purchase cards and to

ensure the integrity of purchase card holders.

(c) Penalties for Violations. - The regulations prescribed under

subsection (a) shall -

(1) provide for appropriate adverse personnel actions or other

punishment to be imposed in cases in which employees of the

Department of Defense violate such regulations or are negligent

or engage in misuse, abuse, or fraud with respect to a purchase

card, including removal in appropriate cases; and

(2) provide that a violation of such regulations by a person

subject to chapter 47 of this title (the Uniform Code of Military

Justice) is punishable as a violation of section 892 of this

title (article 92 of the Uniform Code of Military Justice).

-SOURCE-

(Added Pub. L. 106-65, div. A, title IX, Sec. 933(a)(1), Oct. 5,

1999, 113 Stat. 728; amended Pub. L. 107-314, div. A, title X,

Sec. 1007(a), (b)(1), Dec. 2, 2002, 116 Stat. 2633, 2634.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-314, Sec. 1007(b)(1)(A), substituted

''purchase'' for '' credit'' in section catchline.

Subsec. (a). Pub. L. 107-314, Sec. 1007(a)(1), (b)(1)(B), (C),

substituted ''Purchase'' for ''Credit'' in heading and ''purchase''

for ''credit'' in two places in text and struck out '', acting

through the Under Secretary of Defense (Comptroller),'' after

''Secretary of Defense''.

Subsec. (b)(1) to (6). Pub. L. 107-314, Sec. 1007(b)(1)(C),

substituted ''purchase'' for ''credit'' wherever appearing.

Subsec. (b)(7) to (10). Pub. L. 107-314, Sec. 1007(a)(2), added

pars. (7) to (10).

Subsec. (c). Pub. L. 107-314, Sec. 1007(a)(2), added subsec. (c).

REGULATIONS

Pub. L. 106-65, div. A, title IX, Sec. 933(b)(1), Oct. 5, 1999,

113 Stat. 730, provided that: ''Regulations under section 2784 of

title 10, United States Code, as added by subsection (a), shall be

prescribed not later than 180 days after the date of the enactment

of this Act (Oct. 5, 1999).''

GOVERNMENT CHARGE CARD ACCOUNTS: LIMITATION ON NUMBER; REQUIREMENTS

FOR ISSUANCE; DISCIPLINARY ACTION FOR MISUSE; REPORT

Pub. L. 107-248, title VIII, Sec. 8149, Oct. 23, 2002, 116 Stat.

1572, provided that:

''(a) Limitation on Number of Government Charge Card Accounts

during Fiscal Year 2003. - The total number of accounts for

government purchase charge cards and government travel charge cards

for Department of Defense personnel during fiscal year 2003 may not

exceed 1,500,000 accounts.

''(b) Requirement for Creditworthiness for Issuance of Government

Charge Card. - (1) The Secretary of Defense shall evaluate the

creditworthiness of an individual before issuing the individual a

government purchase charge card or government travel charge card.

''(2) An individual may not be issued a government purchase

charge card or government travel charge card if the individual is

found not credit worthy as a result of the evaluation under

paragraph (1).

''(c) Disciplinary Action for Misuse of Government Charge Card. -

(1) The Secretary shall establish guidelines and procedures for

disciplinary actions to be taken against Department personnel for

improper, fraudulent, or abusive use of government purchase charge

cards and government travel charge cards.

''(2) The guidelines and procedures under this subsection shall

include appropriate disciplinary actions for use of charge cards

for purposes, and at establishments, that are inconsistent with the

official business of the Department or with applicable standards of

conduct.

''(3) The disciplinary actions under this subsection may include

-

''(A) the review of the security clearance of the individual

involved; and

''(B) the modification or revocation of such security clearance

in light of the review.

''(4) The guidelines and procedures under this subsection shall

apply uniformly among the Armed Forces and among the elements of

the Department.

''(d) Report. - Not later than June 30, 2003, the Secretary shall

submit to the congressional defense committees a report on the

implementation of the requirements and limitations in this section,

including the guidelines and procedures established under

subsection (c).''

-CITE-

10 USC Sec. 2784a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2784a. Management of travel cards

-STATUTE-

(a) Disbursement of Travel Allowances Directly to Creditors. -

(1) The Secretary of Defense may require that any part of a travel

or transportation allowance of an employee of the Department of

Defense or a member of the armed forces be disbursed directly to

the issuer of a Defense travel card if the amount is disbursed to

the issuer in payment of amounts of expenses of official travel

that are charged by the employee or member on the Defense travel

card.

(2) For the purposes of this subsection, the travel and

transportation allowances referred to in paragraph (1) are amounts

to which an employee of the Department of Defense is entitled under

section 5702 of title 5 or a member of the armed forces is entitled

under section 404 of title 37.

(b) Offsets for Delinquent Travel Card Charges. - (1) The

Secretary of Defense may require that there be deducted and

withheld from any basic pay payable to an employee of the

Department of Defense or a member of the armed forces any amount

that is owed by the employee or member to a creditor by reason of

one or more charges of expenses of official travel of the employee

or member on a Defense travel card issued by the creditor if the

employee or member -

(A) is delinquent in the payment of such amount under the terms

of the contract under which the card is issued; and

(B) does not dispute the amount of the delinquency.

(2) The amount deducted and withheld from pay under paragraph (1)

with respect to a debt owed a creditor as described in that

paragraph shall be disbursed to the creditor to reduce the amount

of the debt.

(3) The amount of pay deducted and withheld from the pay owed to

an employee or member with respect to a pay period under paragraph

(1) may not exceed 15 percent of the disposable pay of the employee

or member for that pay period, except that a higher amount may be

deducted and withheld with the written consent of the employee or

member.

(4) The Secretary of Defense shall prescribe procedures for

deducting and withholding amounts from pay under this subsection.

The procedures shall be substantially equivalent to the procedures

under section 3716 of title 31.

(c) Offsets of Retired Pay. - In the case of a former employee of

the Department of Defense or a retired member of the armed forces

who is receiving retired pay and who owes an amount to a creditor

by reason of one or more charges on a Defense travel card that were

made before the retirement of the employee or member, the Secretary

may require amounts to be deducted and withheld from any retired

pay of the former employee or retired member in the same manner and

subject to the same conditions as the Secretary deducts and

withholds amounts from basic pay payable to an employee or member

under subsection (b).

(d) Definitions. - In this section:

(1) The term ''Defense travel card'' means a charge or credit

card that -

(A) is issued to an employee of the Department of Defense or

a member of the armed forces under a contract entered into by

the Department of Defense with the issuer of the card; and

(B) is to be used for charging expenses incurred by the

employee or member in connection with official travel.

(2) The term ''disposable pay'', with respect to a pay period,

means the amount equal to the excess of the amount of basic pay

or retired pay, as the case may be, payable for the pay period

over the total of the amounts deducted and withheld from such

pay.

(3) The term ''retired pay'' means -

(A) in the case of a former employee of the Department of

Defense, any retirement benefit payable to that individual, out

of the Civil Service Retirement and Disability Fund, based (in

whole or in part) on service performed by such individual as a

civilian employee of the Department of Defense; and

(B) in the case of a retired member of the armed forces or

member of the Fleet Reserve or Fleet Marine Corps Reserve,

retired or retainer pay to which the member is entitled.

(e) Exclusion of Coast Guard. - This section does not apply to

the Coast Guard.

-SOURCE-

(Added Pub. L. 107-314, div. A, title X, Sec. 1008(a), Dec. 2,

2002, 116 Stat. 2634.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 2785 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2785. Remittance addresses: regulation of alterations

-STATUTE-

The Secretary of Defense, acting through the Under Secretary of

Defense (Comptroller), shall prescribe regulations setting forth

controls on alteration of remittance addresses. Those regulations

shall ensure that -

(1) a remittance address for a disbursement that is provided by

an officer or employee of the Department of Defense authorizing

or requesting the disbursement is not altered by any officer or

employee of the department authorized to prepare the

disbursement; and

(2) a remittance address for a disbursement is altered only if

the alteration -

(A) is requested by the person to whom the disbursement is

authorized to be remitted; and

(B) is made by an officer or employee authorized to do so who

is not an officer or employee referred to in paragraph (1).

-SOURCE-

(Added Pub. L. 106-65, div. A, title IX, Sec. 933(a)(1), Oct. 5,

1999, 113 Stat. 729.)

-MISC1-

REGULATIONS

Pub. L. 106-65, div. A, title IX, Sec. 933(b)(2), Oct. 5, 1999,

113 Stat. 730, provided that: ''Regulations under section 2785 of

title 10, United States Code, as added by subsection (a), shall be

prescribed not later than 180 days after the date of the enactment

of this Act (Oct. 5, 1999).''

-CITE-

10 USC Sec. 2786 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2786. Department of Defense payments by electronic transfers

of funds: exercise of authority for waivers

-STATUTE-

With respect to any Federal payment of funds covered by section

3332(f) of title 31 (relating to electronic funds transfers) for

which payment is made or authorized by the Department of Defense,

the waiver authority provided in paragraph (2)(A)(i) of that

section shall be exercised by the Secretary of Defense. The

Secretary of Defense shall carry out the authority provided under

the preceding sentence in consultation with the Secretary of the

Treasury.

-SOURCE-

(Added Pub. L. 106-65, div. A, title X, Sec. 1008(a)(1), Oct. 5,

1999, 113 Stat. 737.)

-MISC1-

SAVINGS PROVISION

Pub. L. 106-65, div. A, title X, Sec. 1008(a)(3), Oct. 5, 1999,

113 Stat. 738, provided that: ''Any waiver in effect on the date of

the enactment of this Act (Oct. 5, 1999) under paragraph (2)(A)(i)

of section 3332(f) of title 31, United States Code, shall remain in

effect until otherwise provided by the Secretary of Defense under

section 2786 of title 10, United States Code, as added by paragraph

(1).''

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10 USC Sec. 2787 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 165 - ACCOUNTABILITY AND RESPONSIBILITY

-HEAD-

Sec. 2787. Reports of survey

-STATUTE-

(a) Action on Reports of Survey. - Under regulations prescribed

pursuant to subsection (c), any officer of the Army, Navy, Air

Force, or Marine Corps or any civilian employee of the Department

of Defense designated in accordance with those regulations may act

upon reports of surveys and vouchers pertaining to the loss,

spoilage, unserviceability, unsuitability, or destruction of, or

damage to, property of the United States under the control of the

Department of Defense.

(b) Finality of Action. - (1) Action taken under subsection (a)

is final except as provided in paragraph (2).

(2) An action holding a person pecuniarily liable for loss,

spoilage, destruction, or damage is not final until approved by a

person designated to do so by the Secretary of a military

department, commander of a combatant command, or Director of a

Defense Agency, as the case may be, who has jurisdiction of the

person held pecuniarily liable. The person designated to provide

final approval shall be an officer of an armed force, or a civilian

employee, under the jurisdiction of the official making the

designation.

(c) Regulations. - The Secretary of Defense shall prescribe

regulations to carry out this section.

-SOURCE-

(Added Pub. L. 107-314, div. A, title X, Sec. 1006(a)(1), Dec. 2,

2002, 116 Stat. 2632.)

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EFFECTIVE DATE

Pub. L. 107-314, div. A, title X, Sec. 1006(d), Dec. 2, 2002,

116 Stat. 2633, provided that: ''The amendments made by this

section (enacting this section, amending section 1007 of Title 37,

Pay and Allowances of the Uniformed Services, and repealing

sections 4835 and 9835 of this title) shall apply with respect to

the loss, spoilage, unserviceability, unsuitability, or destruction

of, or damage to, property of the United States under the control

of the Department of Defense occurring on or after the effective

date of regulations prescribed pursuant to section 2787 of title

10, United States Code, as added by subsection (a).''

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