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10 U.S.C. § 2636 — Deductions from amounts due carriers
Federal law — U.S. Code and appendices · legal_authorities
**(a) Amounts for Loss or Damage.—** An amount deducted from an amount due a carrier shall be credited as follows:
(1) If deducted because of loss of or damage to material in transit for a military department, the amount shall be credited to the proper appropriation, account, or fund from which the same or similar material may be replaced.
(2) If deducted as an administrative offset for an overpayment previously made to the carrier under any Department of Defense contract for transportation services or as liquidated damages due under any such contract, the amount shall be credited to the appropriation or account from which payments for the transportation services were made.
**(b) Simplified Offset for Collection of Claims Not in Excess of the Simplified Acquisition Threshold.—**
(1) In any case in which the total amount of a claim for the recovery of overpayments or liquidated damages under a contract described in subsection (a)(2) does not exceed the simplified acquisition threshold, the Secretary of Defense or the Secretary concerned, in exercising the authority to collect the claim by administrative offset under [section 3716 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716&num=0&edition=prelim), may apply paragraphs (2) and (3) of subsection (a) of that section with respect to that collection after (rather than before) the claim is so collected.
(2) Regulations prescribed by the Secretary of Defense under subsection (b) of [section 3716 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716&num=0&edition=prelim)—
(A) shall include provisions to carry out paragraph (1); and
(B) shall provide the carrier for a claim subject to paragraph (1) with an opportunity to offer an al
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Stable record: federal_law:legal_authorities:record_usc_d1db3ce73c5f52689daa37ca
Source file: Laws/federal/codes/united-states-code/title-10/section-2636-deductions-from-amounts-due-carriers--a3d7e85aad.md
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Source location: Title 10, Chapter 157, § 2636; chapter-157-transportation.md
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**(a) Amounts for Loss or Damage.—** An amount deducted from an amount due a carrier shall be credited as follows:
(1) If deducted because of loss of or damage to material in transit for a military department, the amount shall be credited to the proper appropriation, account, or fund from which the same or similar material may be replaced.
(2) If deducted as an administrative offset for an overpayment previously made to the carrier under any Department of Defense contract for transportation services or as liquidated damages due under any such contract, the amount shall be credited to the appropriation or account from which payments for the transportation services were made.
**(b) Simplified Offset for Collection of Claims Not in Excess of the Simplified Acquisition Threshold.—**
(1) In any case in which the total amount of a claim for the recovery of overpayments or liquidated damages under a contract described in subsection (a)(2) does not exceed the simplified acquisition threshold, the Secretary of Defense or the Secretary concerned, in exercising the authority to collect the claim by administrative offset under [section 3716 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716&num=0&edition=prelim), may apply paragraphs (2) and (3) of subsection (a) of that section with respect to that collection after (rather than before) the claim is so collected.
(2) Regulations prescribed by the Secretary of Defense under subsection (b) of [section 3716 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716&num=0&edition=prelim)—
(A) shall include provisions to carry out paragraph (1); and
(B) shall provide the carrier for a claim subject to paragraph (1) with an opportunity to offer an alternative method of repaying the claim (rather than by administrative offset) if the collection of the claim by administrative offset has not already been made.
(3) In this subsection, the term “simplified acquisition threshold” has the meaning given that term in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** After trying to collect a claim from a person under [section 3711(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711/a&num=0&edition=prelim), the head of an executive, judicial, or legislative agency may collect the claim by administrative offset. The head of the agency may collect by administrative offset only after giving the debtor—
(1) written notice of the type and amount of the claim, the intention of the head of the agency to collect the claim by administrative offset, and an explanation of the rights of the debtor under this section;
(2) an opportunity to inspect and copy the records of the agency related to the claim;
(3) an opportunity for a review within the agency of the decision of the agency related to the claim; and
(4) an opportunity to make a written agreement with the head of the agency to repay the amount of the claim.
**(b)** Before collecting a claim by administrative offset, the head of an executive, judicial, or legislative agency must either—
(1) adopt, without change, regulations on collecting by administrative offset promulgated by the Department of Justice, the Government Accountability Office, or the Department of the Treasury; or
(2) prescribe regulations on collecting by administrative offset consistent with the regulations referred to in paragraph (1).
**(c)**
(1)
(A) Except as otherwise provided in this subsection, a disbursing official of the Department of the Treasury, the Department of Defense, the United States Postal Service, the Department of Health and Human Services, or any other government corporation, or any disbursing official of the United States designated by the Secretary of the Treasury, shall offset at least annually the amount of a payment which a payment
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3716
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Federal law — U.S. Code and appendices · legal_authorities
In division B, the term “simplified acquisition threshold” means $250,000.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 134
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procurement of Coverage.—** The Secretary of Defense shall include in a contract for the transportation at Government expense of baggage and household effects for members of the armed forces or civilian employees of the Department of Defense (or both) a clause that requires the carrier under the contract to pay the full replacement value for loss or damage to the baggage or household effects transported under the contract.
**(b) Deduction Upon Failure of Carrier To Settle.—** In the case of a loss or damage of baggage or household effects transported under a contract with a carrier that includes a clause described in subsection (a), the amount equal to the full replacement value for the baggage or household effects shall be deducted from the amount owed by the United States to the carrier under the contract upon a failure of the carrier to settle a claim for such loss or total damage within a reasonable time. The amount so deducted shall be remitted to the claimant, notwithstanding [section 2636 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2636&num=0&edition=prelim).
**(c) Inapplicability of Related Limits.—** The limitations on amounts of claims that may be settled under [section 3721(b) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3721/b&num=0&edition=prelim) do not apply to a carrier’s contractual obligation to pay full replacement value under this section.
**(d) Regulations.—** The Secretary of Defense shall prescribe regulations for administering this section. The regulations shall include policies and procedures for validating and evaluating claims, validating proper claimants, and determining reasonable time for settlement. The regulations may include a requirement
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2636a
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Federal law — U.S. Code and appendices · legal_authorities
Page 2031
TITLE 10—ARMED FORCES
§ 2636a
(2) Assistance may be provided only to the
extent that it does not interfere with the per-
formance of the military mission.
(3) The provision of assistance shall not
cause any increase in funds required for the
operation of the Department of Defense.
(b) No individual (or his estate) who is author-
ized by the Department of Defense to perform
services under a program established pursuant
to subsection (a), and who is acting within the
scope of his duties, shall be liable for injury to,
or loss of property or personal injury or death
which may be caused incident to providing such
services.
(Added Pub. L. 93–155, title VIII, § 814(a), Nov. 16,
1973, 87 Stat. 620; amended Pub. L. 96–513, title V,
§ 511(88), Dec. 12, 1980, 94 Stat. 2928; Pub. L.
107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116
Stat. 2314.)
Editorial Notes
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–296 substituted ‘‘Depart-
ment of Homeland Security’’ for ‘‘Department of
Transportation’’ in introductory provisions.
1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘Depart-
ment of Health and Human Services’’ for ‘‘Department
of Health, Education, and Welfare’’.
Statutory Notes and Related Subsidiaries
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 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.
§ 2636. Deductions from amounts due carriers
(a)
AMOUNTS
FOR
LOSS
OR
DAMAGE.—An
amount deducted from an amount due a car
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2636
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