10 U.S.C. § 9840 — Final settlement of officer’s accounts

Page 3582 TITLE 10—ARMED FORCES § 9838 Subsec. (f). Pub. L. 85–861, § 33(a)(45)(B), substituted ‘‘an officer’’ for ‘‘a commissioned officer’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective Dec. 23, 2016, and applicable with respect to debt incurred on or after Oct. 7, 2001, see section 671(b)(5) of Pub. L. 114–328, set out as a note under section 4837 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title X, § 1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c)(7)(C) is effective as of Oct. 17, 2006, and as if included in the John Warner National Defense Au- thorization Act for Fiscal Year 2007, Pub. L. 109–364, as enacted. TERMINATION DATE OF 2006 AMENDMENT Pub. L. 109–163, div. A, title VI, § 683(c)(3), Jan. 6, 2006, 119 Stat. 3324, which provided for termination of amendments by Pub. L. 109–163, § 683(c), amending this section and the analysis to this chapter, on Dec. 31, 2007, and restoration of provisions as in effect on the day before Jan. 6, 2006, was repealed by Pub. L. 109–364, div. A, title VI, § 673(c)(3), Oct. 17, 2006, 120 Stat. 2272. 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. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note pre- ceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. REGULATIONS Secretary of Defense to prescribe regulations re- quired for purposes of this section, as amended by Pub. L. 109–364, not later than Mar. 1, 2007, see section 673(d) of Pub. L. 109–364, set out as a note under section 4837 of this title. § 9838. Settlement of accounts: affidavit of squad- ron commander In the settlement of the accounts of the com- manding officer of a squadron for clothing and other military supplies, his affidavit may be re- ceived to show— (1) that vouchers or squadron books were lost; (2) anything tending to prove that any ap- parent deficiency of those articles was caused by unavoidable accident, or by loss in actual service without his fault; or (3) that all or part of the clothing and sup- plies was properly used. The affidavit may be used as evidence of the facts set forth, with or without other evidence, as determined by the Secretary of the Air Force to be just and proper under the circumstances. (Aug. 10, 1956, ch. 1041, 70A Stat. 595.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9838 ......... 10:1302. R.S. 225 (less 1st sen- tence); added Feb. 27, 1877, ch. 69 (3d par.), 19 Stat. 241. The word ‘‘anything’’ is substituted for the words ‘‘any matter or circumstance’’. The words ‘‘properly used’’ are substituted for the words ‘‘legally used and appropriated’’. The words ‘‘of the case’’ are omitted as surplusage. § 9839. Settlement of accounts: oaths The Secretary of the Air Force may detail any employee of the Department of the Air Force to administer oaths required by law in the settle- ment of an officer’s accounts for clothing and other military supplies. An oath administered under this section shall be without expense to the person to whom it is administered. (Aug. 10, 1956, ch. 1041, 70A Stat. 595.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9839 ......... 10:1303. R.S. 225 (1st sentence). The words ‘‘and other military supplies’’ are sub- stituted for the words ‘‘camp and garrison equipage, quartermaster’s stores, and ordnance’’ to conform to section 9838 of this title. The words ‘‘person to whom administered’’ are substituted for the words ‘‘parties taking them.’’ The words ‘‘for the purpose of’’ are omit- ted as surplusage. § 9840. Final settlement of officer’s accounts Before final payment upon discharge may be made to an officer of the Air Force or the Space Force who has been accountable or responsible for public property, the officer must obtain a certificate of nonindebtedness to the United States from each officer to whom the officer was accountable or responsible for property. The of- ficer must also make an affidavit, certified by the officer’s commanding officer to be correct, that the officer is not accountable or responsible for property to any other officer. An officer who has not been responsible for public property must make an affidavit of that fact, certified by the officer’s commanding officer. Compliance with this section warrants the final payment of the officer concerned. (Aug. 10, 1956, ch. 1041, 70A Stat. 595; Pub. L. 116–283, div. A, title IX, § 923(e)(23), Jan. 1, 2021, 134 Stat. 3819; Pub. L. 117–81, div. A, title X, § 1081(a)(37), Dec. 27, 2021, 135 Stat. 1922.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9840 ......... 10:878. Jan. 12, 1899, ch. 46, § 2, 30 Stat. 784. The words ‘‘Before final payment upon discharge may be made’’ are substituted for the words ‘‘shall warrant their final payment’’. The words ‘‘at any time’’ are omitted as surplusage. The word ‘‘must’’ is substituted for the words ‘‘shall be required * * * to’’. The words ‘‘He must also make’’ are substituted for the words ‘‘accompanied by’’. The words ‘‘from each officer to Page 3583 TITLE 10—ARMED FORCES § 9842 whom he was accountable or responsible for property’’ are substituted for the words ‘‘from only such of the bureaus of the Department of the Army to which the property for which they were accountable or respon- sible pertains’’, since the Air Force does not have or- ganic bureaus created by statute. The words ‘‘that he is not accountable or responsible for property to any other officer’’ are substituted for the words ‘‘accom- panied by the affidavits of officers, of nonaccount- ability, or nonresponsibility to other bureaus of the De- partment of the Army’’ for the same reason. The ref- erence to certificates from the General Accounting Of- fice is omitted as obsolete. The last sentence is sub- stituted for 10:878 (last 18 words). The last proviso of section 2 of the Act of January 12, 1899, ch. 46, 30 Stat. 784, is not contained in 10:878. It is also omitted from the revised section, since it related to authority of mustering officers to administer oaths, and the general authority to administer oaths is now contained in sec- tion 936 of this title (article 136 of the Uniform Code of Military Justice). Editorial Notes AMENDMENTS 2021—Pub. L. 117–81 substituted ‘‘The officer must’’ for ‘‘He must’’. Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’ and substituted ‘‘the officer’’ for ‘‘he’’ wherever appearing and ‘‘the officer’s’’ for ‘‘his’’ in two places. § 9841. Payment of small amounts to public credi- tors When authorized by the Secretary of the Air Force, a disbursing official of Air Force or Space Force subsistence funds may keep a limited amount of those funds in the personal possession and at the risk of the disbursing official to pay small amounts to public creditors. (Added Pub. L. 97–258, § 2(b)(14)(B), Sept. 13, 1982, 96 Stat. 1058; amended Pub. L. 116–283, div. A, title IX, § 923(e)(24), Jan. 1, 2021, 134 Stat. 3820.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9841 ......... 31:493. Mar. 2, 1907, ch. 2511 (pro- viso on p. 1166), 34 Stat. 1166. The words ‘‘Secretary of the Air Force’’ are sub- stituted for ‘‘Secretary of War’’ because of sections 205(a) and 207(a) and (f) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501, 502), and sections 1 and 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 157, 488, 676). For comparable provisions that apply to the Army, see the revision note for 10:4841. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or Space Force’’ after ‘‘official of Air Force’’. § 9842. Settlement of accounts of line officers The Comptroller General shall settle the ac- count of a line officer of the Air Force or the Space Force for pay due the officer even if the officer cannot account for property entrusted to the officer or cannot make a monthly report or return, when the Comptroller General is satis- fied that the inability to account for property or make a report or return was the result of the of- ficer having been a prisoner, or of an accident or casualty of war. (Added Pub. L. 97–258, § 2(b)(14)(B), Sept. 13, 1982, 96 Stat. 1058; amended Pub. L. 116–283, div. A, title IX, § 923(e)(25), Jan. 1, 2021, 134 Stat. 3820.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9842 ......... 31:44 (1st sentence). June 10, 1921, ch. 18, § 304 (1st par. 1st sentence), 42 Stat. 24. 31:95. R.S. § 278. The section is made applicable to the Air Force by section 207(a) and (f) of the Act of July 26, 1947 (ch. 343, 61 Stat. 502). For comparable provisions that apply to the Army, see the revision note for 10:4842. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’.