§2777 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of a military department can order an advance of money to a pay officer or agent up to the department’s total appropriation. The money must come from the department’s account of advances, have the right paperwork, be used only for allowed appropriations, be charged to the correct appropriation and kept within its limit, and be repaid into that advances account. An outstanding charge in that account can be cleared by crediting the account and deducting the amount from an appropriation for advances when either relief has been or may be granted under a law with no removal rule, or the charge has been outstanding for 2 complete fiscal years and the department head certifies it uncollectable. Clearing the charge does not remove the pay officer’s personal financial responsibility.

Title 10, §2777

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of a military department may issue to a disbursing official or agent of the department a requisition for an advance of not more than the total appropriation for the department. The amount advanced shall be—

(1)under an “account of advances” for the department;

(2)on a proper voucher;

(3)only for obligations payable under specific appropriations;

(4)charged to, and within the limits of, each specific appropriation; and

(5)returned to the account of advances.

(b)A charge outstanding in an account of advances of a military department shall be removed by crediting the account of advances of the department and deducting the amount of the charge from an appropriation made available for advances to the department when—

(1)relief has been granted or may be granted later to a disbursing official or agent of the department operating under an account of advances and under a law having no provision for removing charges outstanding in an account of advances; or

(2)the charge has been—

(A)outstanding in the account of advances of the department for 2 complete fiscal years; and

(B)certified by the head of the department as uncollectable.

(c)Subsection (b) does not affect the financial liability of a disbursing official or agent.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 2777(a)31:536, 537.

June 5, 1920, ch. 240 (1st, 2d pars. under heading “Advances to Disbursing Officers”), 41 Stat. 975. 31:539, 540.

June 19, 1878, ch. 312, §§ 1, 2, 20 Stat. 167. 2777(b), (c)31:95b (related to Army, Navy, Air Force).

June 4, 1954, ch. 264, § 1 (related to Army, Navy, Air Force), 68 Stat. 175;

June 6, 1972, Pub. L. 92–310, § 231(gg), 86 Stat. 213. In the section, the words “disbursing official” are substituted for “disbursing officers” for consistency with other titles of the United States Code. In subsection (a), before clause (1), the words “Secretary of a military department” are substituted for “Secretary of the Army” in 31:536 and for “Secretary of the Navy” in 31:539 because of 10:101(7). The title of Secretary of War was changed to Secretary of the Army by section 205(a) of the Act of

July 26, 1947 (ch. 343, 61 Stat. 501), and by section 1 and 53 of the Act of

August 10, 1956 (ch. 1041, 70A Stat. 157, 676). The Secretary of the Air Force is included because of section 205(a) and 207(a) and (f) of the Act of

July 26, 1947 (ch. 343, 61 Stat. 501, 502), and section 1 of the Act of

August 10, 1956 (ch. 1041, 70A Stat. 488). In clause (1), the word “General” in 31:539 is omitted as surplus. In clause (3), the words “and ‘Pay of the Navy’ shall be used only for its legitimate purpose, as provided by law” are omitted as unnecessary. In clause (5), the words “by pay and counterwarrant” in 31:537 and 540 are omitted as unnecessary. In subsection (b), before clause (1), the word “appropriate” is omitted as surplus. The words “deducting the amount of the charge from” are substituted for “debiting” for clarity. In clause (2)(B), the word “concerned” is omitted as surplus. In subsection (c), the words “in any way” and “of the United States” are omitted as surplus.

Editorial Notes

Amendments

1996—Subsec. (b)(2)(B). Pub. L. 104–316 struck out “to the Comptroller General” after “head of the department”. 1984—Subsec. (c). Pub. L. 98–525 struck out “of this section” after “Subsection (b)”.

§2777 Requisitions for advances and removal of charges outstanding in accounts of advances