Title 10 — Armed Forces
Part IV · Chapter 157 — Transportation
§ 2636. Deductions from amounts due carriers
Statutory text
Amounts for Loss or Damage.—
An amount deducted from an amount due a carrier shall be credited as follows:
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.
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.
Simplified Offset for Collection of Claims Not in Excess of the Simplified Acquisition Threshold.—
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, 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.
Regulations prescribed by the Secretary of Defense under subsection (b) of section 3716 of title 31—
shall include provisions to carry out paragraph (1); and
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.
In this subsection, the term “simplified acquisition threshold” has the meaning given that term in section 134 of title 41.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 97–258 § 2(b)(5)(B) · 96 Stat. 1053
Enacted · 10 U.S.C. § 2636
Added Pub. L. 97–258, § 2(b)(5)(B), Sept. 13, 1982, 96 Stat. 1053
Source evidence
Code source credit
Added Pub. L. 97–258, § 2(b)(5)(B), Sept. 13, 1982, 96 Stat. 1053Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Amended · 10 U.S.C. § 2636
Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, text read as follows: “An amount deducted from an amount due a carrier because of loss of or damage to material in transit for a military department shall be credited to the proper appropriation, account, or fund from which the same or similar material may be replaced.”
Source evidence
Code amendment note
Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, text read as follows: “An amount deducted from an amount due a carrier because of loss of or damage to material in transit for a military department shall be credited to the proper appropriation, account, or fund from which the same or similar material may be replaced.”Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.Effective date note
Pub. L. 106–398, § 1 [[div. A], title X, § 1009(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–251, provided that: “Subsections (a)(2) and (b) of section 2636 of title 10, United States Code, as added by subsection (a)(1), shall apply with respect to contracts entered into after the date of the enactment of this Act [Oct. 30, 2000].”Pub. L. 111–350 § 5(b)(43) · 124 Stat. 3677
Substituted · 10 U.S.C. § 2636(b)(3)
Pub. L. 111–350 substituted “section 134 of title 41” for “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 111–350 substituted “section 134 of title 41” for “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))”.Enacted provision · exact public law section
(43) In section 2636(b)(3), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” and substitute “section 134 of title 41”.
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 2636 | 31:489a. | June 25, 1956, ch. 442, § 1, 70 Stat. 336. |
The words “An amount deducted from an amount due” are substituted for “Moneys arising from deductions made from” for clarity. The words “military or naval” and “account of” are omitted as surplus. The words “a military department” are substituted for “the Departments of the Army, Navy, or Air Force” because of 10:101(7). The Department of War was designated the Department 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 (ch. 1041, 70A Stat. 157, 676). The Department of the Air Force is included because of sections 205(a) and 207(a) and (f) of the Act of (ch. 343, 61 Stat. 501, 502), and section 1 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 488).
Editorial Notes
Amendments2000–2011 · 2 rounds
2011
Subsec. (b)(3). Pub. L. 111–350 substituted “section 134 of title 41” for “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))”.
2000
Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, text read as follows: “An amount deducted from an amount due a carrier because of loss of or damage to material in transit for a military department shall be credited to the proper appropriation, account, or fund from which the same or similar material may be replaced.”
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Pub. L. 106–398, § 1 [[div. A], title X, § 1009(b)], , 114 Stat. 1654, 1654A–251, provided that: “Subsections (a)(2) and (b) of section 2636 of title 10, United States Code, as added by subsection (a)(1), shall apply with respect to contracts entered into after the date of the enactment of this Act [].”
Credits
1982–2011 · 3 acts
- 1982Added Pub. L. 97–258, § 2(b)(5)(B), , 96 Stat. 1053
- 2000amended Pub. L. 106–398, § 1 [[div. A], title X, § 1009(a)(1)], , 114 Stat. 1654, 1654A–250
- 2011Pub. L. 111–350, § 5(b)(43), , 124 Stat. 3846.
Show as published
(Added Pub. L. 97–258, § 2(b)(5)(B), , 96 Stat. 1053; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1009(a)(1)], , 114 Stat. 1654, 1654A–250; Pub. L. 111–350, § 5(b)(43), , 124 Stat. 3846.)