10 U.S.C. § 2780 — Debt collection

Page 2207 TITLE 10—ARMED FORCES § 2780 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, § 100 (last par. under heading ‘‘Gen- eral Provisions’’), 93 Stat. 100. 2779(b) ..... 31:628–3. Nov. 30, 1979, Pub. L. 96–130, § 100 (par. under heading ‘‘Foreign Cur- rency Fluctuation, Construction, De- fense’’), 93 Stat. 1019. In subsection (a)(1), before clause (A), the words ‘‘dur- ing the current fiscal year or on and after July 25, 1979’’ are omitted as executed. The words ‘‘from an appro- priation to which they were transferred’’ are omitted as surplus. In clause (A), the words ‘‘of foreign coun- tries’’ are added for consistency. In subsection (a)(2), the words ‘‘back to the Foreign Currency Fluctuations, Defense appropriation’’ are sub- stituted 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 fis- cal 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. Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsec. (d) of this sec- tion were contained in Pub. L. 97–377, title I, § 101(c) [title VII, § 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, § 911(d)(2). AMENDMENTS 1996—Subsec. (a). Pub. L. 104–106, § 911(e)(1), inserted heading. Subsec. (a)(2). Pub. L. 104–106, § 911(e)(2), substituted ‘‘second fiscal year’’ for ‘‘2d fiscal year’’. Subsec. (b). Pub. L. 104–106, § 911(e)(3), inserted head- ing. Subsec. (c). Pub. L. 104–106, § 911(a), added subsec. (c). Subsec. (d). Pub. L. 104–106, § 911(b), added subsec. (d). Subsec. (e). Pub. L. 104–106, § 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title IX, § 911(f), Feb. 10, 1996, 110 Stat. 407, 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 sub- section (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.’’ § 2780. Debt collection (a)(1) Subject to paragraph (2), the Secretary of Defense shall enter into one or more con- tracts with a person for collection services to re- cover 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 appropria- tions. (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)(1) Except as provided in paragraph (2), the Secretary of Defense shall disclose to consumer reporting agencies, in accordance with para- graph (1) of section 3711(e) of title 31, informa- tion concerning any debt described in subsection (a) of more than $100 that is delinquent by more than 31 days. (2) No disclosure shall be made under para- graph (1) with respect to an indebtedness while a decision regarding waiver of collection of the indebtedness is pending under section 2774 of this title or section 716 of title 32, or while a de- cision regarding remission or cancellation of the indebtedness is pending under section 7837, 8271, or 9837 of this title, unless the Secretary con- cerned (as defined in section 101(5) of title 37) de- termines that disclosure under that paragraph pending such decision is in the best interests of the United States. (Added Pub. L. 99–661, div. A, title XIII, § 1309(a), Nov. 14, 1986, 100 Stat. 3982; amended Pub. L. 104–316, title I, § 115(g)(2)(C), Oct. 19, 1996, 110 Stat. 3835; Pub. L. 109–364, div. A, title VI, § 672(a), Oct. 17, 2006, 120 Stat. 2270; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(2). Pub. L. 115–232 substituted ‘‘sec- tion 7837, 8271, or 9837’’ for ‘‘section 4837, 6161, or 9837’’. 2006—Subsec. (b). Pub. L. 109–364 designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2), the Secretary of Defense’’ for ‘‘The Secretary’’, and added par. (2). 1996—Subsec. (b). Pub. L. 104–316 substituted ‘‘section 3711(e)’’ for ‘‘section 3711(f)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title VI, § 672(b), Oct. 17, 2006, 120 Stat. 2270, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section] shall take effect on March 1, 2007. ‘‘(2) APPLICATION TO PRIOR ACTIONS.—Paragraph (2) of section 2780(b) of title 10, United States Code, as added by subsection (a), shall not be construed to apply to or invalidate any action taken under such section before March 1, 2007.’’ Page 2208 TITLE 10—ARMED FORCES § 2781 CONTRACTS FOR RECOVERY OF INDEBTEDNESS Pub. L. 101–165, title IX, § 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.’’ § 2781. Availability of appropriations: exchange fees; losses in accounts Amounts appropriated to the Department of Defense may be used for— (1) exchange fees; and (2) losses in the accounts of disbursing offi- cials and agents in accordance with law. (Added Pub. L. 100–370, § 1(m)(1), July 19, 1988, 102 Stat. 849.) HISTORICAL AND REVISION NOTES Section is based on Pub. L. 99–190, § 101(b) [title VIII, § 8006(c)], Dec. 19, 1985, 99 Stat. 1185, 1203. § 2782. Damage to real property: disposition of amounts recovered 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 ac- count available for the repair or replacement of the real property at the time of recovery. In such amounts as are provided in advance in ap- propriation Acts, amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in the account. (Added Pub. L. 104–106, div. B, title XXVIII, § 2821(a), Feb. 10, 1996, 110 Stat. 556.) Editorial Notes PRIOR PROVISIONS A prior section 2782, added Pub. L. 101–189, div. A, title XVI, § 1603(a)(1), Nov. 29, 1989, 103 Stat. 1597, re- lated to limits on restoration of unobligated balances withdrawn from availability for obligation, prior to re- peal by Pub. L. 101–510, div. A, title XIV, § 1405(c)(1), Nov. 5, 1990, 104 Stat. 1680. § 2783. Nonappropriated fund instrumentalities: financial management and use of non- appropriated funds (a) REGULATION OF MANAGEMENT AND USE OF NONAPPROPRIATED FUNDS.—The Secretary of De- fense shall prescribe regulations governing— (1) the purposes for which nonappropriated funds of a nonappropriated fund instrumen- tality of the United States within the Depart- ment 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 com- mits 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 appro- priated funds. The Secretary of Defense shall prescribe regulations to carry out this para- graph. (2) The Secretary shall provide in regulations that a violation of the regulations prescribed under subsection (a) by a person subject to chap- ter 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 appro- priated funds), and a member of the armed forces, whose duties include the obligation of nonappropriated funds, shall notify the Sec- retary of Defense of information which the per- son 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 ci- vilian employees of the Department of Defense or members of the armed forces to receive a no- tification described in paragraph (1) and ensure the prompt investigation of the validity of infor- mation provided in the notification. (3) The Secretary shall prescribe regulations to protect the confidentiality of a person mak- ing a notification under paragraph (1). (Added Pub. L. 102–484, div. A, title III, § 362(a), Oct. 23, 1992, 106 Stat. 2379, § 2490a; renumbered § 2783 and amended Pub. L. 103–160, div. A, title XI, § 1182(a)(8)(A), Nov. 30, 1993, 107 Stat. 1771.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–160 renumbered section 2490a of this title as this section. Subsec. (b)(2). Pub. L. 103–160, § 1182(a)(8)(A)(i), sub- stituted ‘‘chapter 47 of this title’’ for ‘‘chapter 47 of title 10, United States Code’’, ‘‘Justice) is’’ for ‘‘Jus- tice), is’’, and ‘‘section 892 of this title’’ for ‘‘section 892 of such title’’. Subsec. (c)(1). Pub. L. 103–160, § 1182(a)(8)(A)(ii), sub- stituted ‘‘armed forces’’ for ‘‘Armed Forces’’. Statutory Notes and Related Subsidiaries STANDARDIZATION OF CERTAIN PROGRAMS AND ACTIVITIES OF MILITARY EXCHANGES Pub. L. 102–484, div. A, title III, § 361, Oct. 23, 1992, 106 Stat. 2379, directed the Secretary of Defense to stand- ardize among the military departments the accounting, financial reporting formats, and automatic data proc- essing and telecommunications data transfer of infor- mation by no later than Mar. 31, 1994, and report to Congress, no later than Mar. 31, 1993, on other programs and activities that could be standardized or consoli- dated. [§ 2784. Renumbered § 4754] § 2784a. Management of travel cards (a) DISBURSEMENT OF TRAVEL ALLOWANCES DI- RECTLY TO CREDITORS.—(1) The Secretary of De- fense shall require that any part of a travel or transportation allowance of an employee of the Department of Defense or a member of the