10 U.S.C. § 2787 — Reports of survey

Page 2210 TITLE 10—ARMED FORCES § 2785 Pub. L. 117–81, div. A, title VI, § 603(e), Dec. 27, 2021, 135 Stat. 1767.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(3). Pub. L. 117–81 substituted ‘‘sec- tion 452’’ for ‘‘section 474’’. 2013—Subsec. (a)(3). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (a)(3). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘474’’ for ‘‘404’’. 2006—Subsec. (a)(2). Pub. L. 109–364 substituted ‘‘card’’ for ‘‘care’’. 2003—Subsec. (a)(1). Pub. L. 108–136, § 1009(a)(1), sub- stituted ‘‘The Secretary of Defense shall require’’ for ‘‘The Secretary of Defense may require’’. Subsec. (a)(2), (3). Pub. L. 108–136, § 1009(a)(2), (3), added par. (2) and redesignated former par. (2) as (3). Subsecs. (d) to (g). Pub. L. 108–136, § 1009(b), (c)(1), added subsecs. (d) and (e) and redesignated former sub- secs. (d) and (e) as (f) and (g), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2785. Remittance addresses: regulation of alter- ations The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall prescribe regulations setting forth controls on alteration of remittance addresses. Those regu- lations 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 re- questing the disbursement is not altered by any officer or employee of the department au- thorized 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 au- thorized to do so who is not an officer or em- ployee referred to in paragraph (1). (Added Pub. L. 106–65, div. A, title IX, § 933(a)(1), Oct. 5, 1999, 113 Stat. 729.) Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 106–65, div. A, title IX, § 933(b)(2), Oct. 5, 1999, 113 Stat. 730, provided that: ‘‘Regulations under section 2785 of title 10, United States Code, as added by sub- section (a), shall be prescribed not later than 180 days after the date of the enactment of this Act [Oct. 5, 1999].’’ § 2786. Department of Defense payments by elec- tronic transfers of funds: exercise of author- ity for waivers 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 De- fense, the waiver authority provided in para- graph (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. (Added Pub. L. 106–65, div. A, title X, § 1008(a)(1), Oct. 5, 1999, 113 Stat. 737.) Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 106–65, div. A, title X, § 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 other- wise provided by the Secretary of Defense under section 2786 of title 10, United States Code, as added by para- graph (1).’’ § 2787. Reports of survey (a) ACTION ON REPORTS OF SURVEY.—Under reg- ulations prescribed pursuant to subsection (c), any officer of the Army, Navy, Air Force, Ma- rine Corps, or Space Force or any civilian em- ployee 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 lia- ble for loss, spoilage, destruction, or damage is not final until approved by a person designated to do so by the Secretary of a military depart- ment, commander of a combatant command, or Director of a Defense Agency, as the case may be, who has jurisdiction of the person held pecu- niarily liable. The person designated to provide final approval shall be an officer of an armed force, or a civilian employee, under the jurisdic- tion of the official making the designation. (c) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. (Added Pub. L. 107–314, div. A, title X, § 1006(a)(1), Dec. 2, 2002, 116 Stat. 2632; amended Pub. L. 116–283, div. A, title IX, § 924(b)(3)(HH), Jan. 1, 2021, 134 Stat. 3822.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. Page 2211 TITLE 10—ARMED FORCES § 2790 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–314, div. A, title X, § 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 pursu- ant to section 2787 of title 10, United States Code, as added by subsection (a).’’ § 2788. Property accountability: regulations The Secretary of a military department may prescribe regulations for the accounting for the property of that department and the fixing of re- sponsibility for that property. (Added Pub. L. 110–181, div. A, title III, § 375(a), Jan. 28, 2008, 122 Stat. 83.) § 2789. Individual equipment: unauthorized dis- position (a) PROHIBITION.—No member of the armed forces may sell, lend, pledge, barter, or give any clothing, arms, or equipment furnished to such member by the United States to any person other than a member of the armed forces or an officer of the United States who is authorized to receive it. (b) SEIZURE OF IMPROPERLY DISPOSED PROP- ERTY.—If a member of the armed forces has dis- posed of property in violation of subsection (a) and the property is in the possession of a person who is neither a member of the armed forces nor an officer of the United States who is authorized to receive it, that person has no right to or in- terest in the property, and any civil or military officer of the United States may seize the prop- erty, wherever found, subject to applicable regu- lations. Possession of such property furnished by the United States to a member of the armed forces by a person who is neither a member of the armed forces, nor an officer of the United States, is prima facie evidence that the property has been disposed of in violation of subsection (a). (c) DELIVERY OF SEIZED PROPERTY.—If an offi- cer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver the property to a person who is authorized to retain it. (Added Pub. L. 110–181, div. A, title III, § 375(a), Jan. 28, 2008, 122 Stat. 83.) § 2790. Recovery of improperly disposed of De- partment of Defense property (a) PROHIBITION.—No member of the armed forces, civilian employee of the United States Government, contractor personnel, or other per- son may sell, lend, pledge, barter, or give any clothing, arms, articles, equipment, or other military or Department of Defense property ex- cept in accordance with the statutes and regula- tions governing Government property. (b) TRANSFER OF TITLE OR INTEREST INEFFEC- TIVE.—If property has been disposed of in viola- tion of subsection (a), the person holding the property has no right or title to, or interest in, the property. (c) AUTHORITY FOR SEIZURE OF IMPROPERLY DISPOSED OF PROPERTY.—If any person is in the possession of military or Department of Defense property without right or title to, or interest in, the property because it has been disposed of in material violation of subsection (a), any Fed- eral, State, or local law enforcement official may seize the property wherever found. Unless an exception to the warrant requirement under the fourth amendment to the Constitution ap- plies, seizure may be made only— (1) pursuant to— (A) a warrant issued by the district court of the United States for the district in which the property is located, or for the district in which the person in possession of the prop- erty resides or is subject to service; or (B) pursuant to an order by such court, issued after a determination of improper transfer under subsection (e); and (2) after such a court has issued such a war- rant or order. (d) INAPPLICABILITY TO CERTAIN PROPERTY.— Subsections (b) and (c) shall not apply to— (1) property on public display by public or private collectors or museums in secured ex- hibits; or (2) property in the collection of any museum or veterans organization or held in a private collection for the purpose of public display, provided that any such property, the posses- sion of which could undermine national secu- rity or create a hazard to public health or safety, has been fully demilitarized. (e) DETERMINATIONS OF VIOLATIONS.—(1) The district court of the United States for the dis- trict in which the property is located, or the dis- trict in which the person in possession of the property resides or is subject to service, shall have jurisdiction, regardless of the current ap- proximated or estimated value of the property, to determine whether property was disposed of in violation of subsection (a). Any such deter- mination shall be by a preponderance of the evi- dence. (2) Except as provided in paragraph (3), in the case of property, the possession of which could undermine national security or create a hazard to public health or safety, the determination under paragraph (1) may be made after the sei- zure of the property, as long as the United States files an action seeking such determina- tion within 90 days after seizure of the property. If the person from whom the property is seized is found to have been lawfully in possession of the property and the return of the property could undermine national security or create a hazard to public health or safety, the Secretary of Defense shall reimburse the person for the market value for the property. (3) Paragraph (2) shall not apply to any fire- arm, ammunition, or ammunition component, or firearm part or accessory that is not prohib- ited for commercial sale. (f) DELIVERY OF SEIZED PROPERTY.—Any law enforcement official who seizes property under subsection (c) and is not authorized to retain it for the United States shall deliver the property