cretion, to rent or lease". The word "needed" is substituted for the word "required".

In subsection (b), the words "At any time" are inserted for clarity. The word "may" is substituted for the words "is authorized". The word "agency" is substituted for the word "branch". Clause (3) is inserted for clarity. The word "determine" is substituted for the word "ascertain". The words "out of funds appropriated for the payment of rent by" are substituted for the words "within the limits of the appropriations for rent made by any act making appropriations for". The word "is" is substituted for the word "be". The words "so ascertained" and "in the manner provided by sections 41 (20) and 250 of Title 28" are omitted as surplusage, since those sections were repealed in 1948 and replaced by sections 1346, 1491, 1496, 1501, 1503, 2401, 2402, and 2501 of that title.

The revised section is inserted for clarity, and is based on usage in the source laws for this revised chapter.

§ 9802. Damage by United States vessels; towage and salvage of United States vessels.

(a) Under the direction of the Secretary of Defense, the Secretary of the Air Force may settle or compromise a claim against the United States for

(1) damage caused by a vessel of, or in the service of the Department of the Air Force; or

(2) compensation for towage and salvage service, including contract salvage, rendered to a vessel of, or in the service of, the Department of the Air Force.

(b) If a claim under subsection (a) is settled or compromised for $500,000 or less, the Secretary of the Air Force may pay it. If it is settled or compromised for more than $500,000, he shall certify it to Congress.

(c) In any case where the amount to be paid is not more than $10,000, the Secretary of the Air Force may delegate his authority under subsection (a) to any person in the Department of the Air Force designated by him. (Aug. 10, 1956, ch. 1041, 70A Stat. 592; July 7, 1965, Pub. L. 89–67, 79 Stat. 212.)

47-500 0-71-vol. 2- -61

1965 Subsec. (c). Pub. L. 89-67 substituted "$10,000" for "$1,000."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9806 of this title. § 9803. Admiralty claims by United States.

(a) Under the direction of the Secretary of Defense, the Secretary of the Air Force may settle, or compromise, and receive payment of a claim by the United States for damage to property under the jurisdiction of the Department of the Air Force or property for which the Department has assumed an obligation to respond for damage, if—

(1) the claim is

(A) of a kind that is within the admiralty jurisdiction of a district court of the United States; or

(B) for damage caused by a vessel or floating object; and

(2) the amount to be received by the United States is not more than $500,000.

(b) In exchange for payment of an amount found to be due the United States under subsection (a), the Secretary of the Air Force may execute a release of the claim on behalf of the United States. Amounts received under this section shall be covered into the Treasury.

(c) In any case where the amount to be received by the United States is not more than $10,000, the Secretary of the Air Force may delegate his authority under subsections (a) and (b) to any person in the Department of the Air Force designated by him. (Aug. 10, 1956, ch. 1041, 70A Stat. 592; July 7, 1965, Pub. L. 89-67, 79 Stat. 212.)

within the admiralty jurisdiction" are substituted for the words "cognizable in admiralty". Clause (2) is substituted for 10: 1862 (last proviso of last sentence). 10: 1862 (1st proviso of last sentence) is omitted as unnecessary, since other applicable claims laws are restated in this title. The words "by contract or otherwise" are omitted as surplusage.

In subsection (b), the words "of the United States as miscellaneous receipts" and "to deliver" are omitted as surplusage.

AMENDMENTS

1965 Subsec. (c). Pub. L. 89-67 substituted "$10,000" for "81,000."

CROSS REFERENCES

Admiralty and maritime jurisdiction, see Const. Art. 3, § 2, cl. 1; section 1333 of Title 28, Judiciary and Judicial Procedure, and section 740 of Title 46, Shipping.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9806 of this title.

§ 9804. Salvage claims by United States.

Under the direction of the Secretary of Defense, the Secretary of the Air Force may settle, or compromise, and receive payment of a claim by the United States for salvage services performed by the Department of the Air Force for any vessel. Amounts received under this section shall be covered into the Treasury. (Aug. 10, 1956, ch. 1041, 70A Stat. 592.) HISTORICAL AND REVISION NOTES

Sec.

Chapter 953.-ACCOUNTABILITY AND RESPONSIBILITY

9831. Custody of departmental records and property. 9832. Property accountability: regulations. 9835. Reports of survey.

9836. Individual equipment: unauthorized disposition. 9837. Settlement of accounts: deductions from pay. 9838. Settlement of accounts: affidavit of squadron commander.

9839. Settlement of accounts: oaths.

9840. Final settlement of officer's accounts.

AMENDMENTS

1962-Pub. L. 87-480, § 1(5), June 8, 1962, 76 Stat. 94, struck out item 9833.

CROSS REFERENCES

Audit and settlement of accounts, see section 71 et seq. of Title 31, Money and Finance.

Federal records, maintenance of, see section 2101 et seq. of Title 44, Public Printing and Documents.

General Accounting Office, see section 41 et seq. of Title 31.

General military law provisions, see sections 2771, 2773 of this title.

Property records, see section 2701 of this title.

§ 9831. Custody of departmental records and property. The Secretary of the Air Force has custody and charge of all books, records, papers, furniture, fixtures, and other property under the lawful control of the executive part of the Department of the Air Force. (Aug. 10, 1956, ch. 1041, 70A Stat. 593.)

HISTORICAL AND REVISION NOTES

§ 9805. Repealed. Pub. L. 86-533, § 1(7)(A), June 29, 1960, 74 Stat. 246.

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 592, related to reports to the Congress with respect to claims under sections 9802, 9803, and 9804 of this title.

§ 9806. Settlement or compromise: final and conclusive. Notwithstanding any other provision of law, upon acceptance of payment the settlement or compromise of a claim under section 9802 or 9803 of this title is final and conclusive. (Aug. 10, 1956, ch. 1041, 70A Stat. 593.)

The words "under the lawful control of the executive part of the Department of the Air Force" are substituted for the words "appertaining to the Department".

CROSS REFERENCES

Federal records, maintenance of, see section 2101 et seq. of Title 44, Public Printing and Documents.

§ 9832. Property accountability: regulations.

The Secretary of the Air Force may prescribe regulations for the accounting for Air Force property and the fixing of responsibility for that property. (Aug. 10, 1956, ch. 1041, 70A Stat. 593.)

HISTORICAL AND REVISION NOTES

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 the Air Force. (b) Action taken under subsection (a) is final, except that action holding a person pecuniarily liable for loss, spoilage, destruction, or damage is not final until approved by the Secretary or an officer of the Air Force designated by him. (Aug. 10, 1956, ch. 1041, 70A Stat. 593.)

§ 9836. Individual equipment: unauthorized disposition.

(a) No enlisted member of the Air Force may sell, lend, pledge, barter, or give any clothing, arms, or equipment furnished him by the United States to any person other than a member of the Air Force, or an officer of the United States, authorized to receive it.

(b) If a member of the Air Force has disposed of property in violation of subsection (a) and it is in the possession of a person who is neither a member of the Air Force, nor an officer of the United States, authorized to receive it, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found. Possession of such property furnished by the United States to a member of the Air Force, by a person who is neither a member of the Air Force nor an officer of the United States, is prima facie evidence that it has been disposed of in violation of subsection (a).

(c) If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, he shall deliver it to a person who is authorized to retain it. (Aug. 10, 1956, ch. 1041, 70A Stat. 594.)

In subsections (a) and (b), the words "enlisted member" and "member" are substituted for the word "soldier", in 10: 1316 and 1317.

In subsection (b), the first 16 words of the first sentence are inserted for clarity. The words "authorized to receive it" are substituted for the words "duly authorized", in 10: 1316. The words "such property furnished by the United States" are substituted for the words "any such clothes, arms, military outfits, or accouterments", in 10: 1316.

In subsection (c), the first 19 words are inserted for clarity. The words "person who is authorized to retain it" are substituted for the words "quartermaster [,] or other officer authorized to receive the same", in 10: 1316 and 1317.

Federal offenses

CROSS REFERENCES

Embezzlement and theft of public property, see section 641 of Title 18, Crimes and Criminal Procedure.

Malicious mischief, government property, see section 1361 of Title 18.

Purchase or receipt of military property, see section 1024 of Title 18.

§ 9837. Settlement of accounts: deductions from pay. (a)-(c) Repealed. Pub. L. 87-649, § 14c(58), Sept. 7, 1962, 76 Stat. 502.

(d) If he considers it in the best interest of the United States, the Secretary may have remitted or cancelled any part of an enlisted member's indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member's honorable discharge. (Aug. 10, 1956. ch. 1041, 70A Stat. 594; Sept. 2, 1958, Pub. L. 85-861, § 33 (a) (45), 72 Stat. 1567; Sept. 7, 1962, Pub. L. 87-649, § 14c (58), 76 Stat. 502.)

In subsection (a), the words "sold to the member on credit under section 9621 (a) (1) of this title" are substituted for the words "articles designated by the inspectors general of the Army, and sold to him on credit by officers of the Quartermaster Corps", in 10: 875. The words "at cost prices" are omitted to reflect section 9623 of this title.

In subsection (b), the last sentence is substituted for 10: 875a (1st and 2d provisos). The words "on current payrolls" are omitted as surplusage.

In subsection (c), the words "Subject to subsection (b)" are substituted for the words "in the proportions hereinbefore indicated".

In subsection (d), the words "If he considers it in the best interests of the United States" are substituted for the words "when in his opinion the interests of the Government are best served by such action". The words "before, or at the time of" are substituted for the words "either on or prior thereto".

In subsection (e), the words "member" and "his" are substituted for the words "officer or soldier". The words "or implement" are omitted as surplusage.

In subsection (f), the words "or if an article of military supply with whose issue a commissioned officer is charged is damaged" are substituted for 10: 872 (last sentence). The words "that he was not at fault" are substituted for the words "that said deficiency [such damage] was not occasioned by any fault on his part".

In subsection (g), the words "bought on credit under section 9621 (a) (1) of this title" are substituted for the words "designated by the officers of the InspectorGeneral's Department of the Army and purchased on credit from commissaries of subsistence".

AMENDMENTS

1962-Pub. L. 87-649 repealed subsecs. (u)-(c) and (e)-(g), which related to deductions from pay, and are now covered by subsecs. (b)-(g), respectively, of section 1007 of Title 37, Pay and Allowances of the Uniformed Services.

1958 Subsec. (b). Pub. L. 85-861, § 33 (a) (45) (A), substituted "his pay for that month" for "his basic pay for that month".

Subsec. (f). Pub. L. 85-861, § 33 (a) (45) (B), substituted "an officer" for "a commissioned officer" in two instances.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section 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.

Property returns by officers, see sections 89-92 of Title 31, Money and Finance.

Public accounts to be settled in General Accounting Office, rendition of current accounts, see sections 72 and 78 of Title 31.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5514.

§ 9838. Settlement of accounts: affidavit of squadron commander.

In the settlement of the accounts of the commanding officer of a squadron for clothing and other military supplies, his affidavit may be received to show

(1) that vouchers or squadron books were lost; (2) anything tending to prove that any apparent 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 supplies 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.)

§ 9840. Final settlement of officer's accounts.

Before final payment upon discharge may be made to an officer of the Air Force who has been accountable or responsible for public property, he must obtain a certificate of nonindebtedness to the United States from each officer to whom he was accountable or responsible for property. He must also make an affidavit, certified by his commanding officer to be correct, that he 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 his commanding officer. Compliance with this section warrants the final payment of the officer concerned. (Aug. 10, 1956, ch. 1041, 70A Stat. 595.) HISTORICAL AND REVISION NOTES

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 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 responsible pertains". since the Air Force does not have organic bureaus created by statute. The words "that he is not accountable or responsible for property to any other officer" are substituted for the words "accompanied by the affidavits of officers, of nonaccountability, or nonresponsibility to other bureaus of the Department of the Army" for the same reason. The reference to certificates from the General Accounting Office is omitted as obsolete. The last sentence is substituted 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 section 936 of this title (article 136 of the Uniform Code of Military Justice).

PETITION For reheaRING, MODIFICATION, OR RECONSIDERATION 49. Filing.

50. Contents.

51. Oral argument.

52. Filing.

PETITION FOR NEW TRIAL

53. Notice of reference.

54. Additional investigation.

55. Answer.

56. Briefs.

57. Oral argument.

58. Issuance.

59. Petition denied.

60. Filing.

MANDATES

OPINIONS

61. Reproduction and distribution.

GENERAL

RULE 1. NAME

The Court adopts "United States Court of Military Appeals" as the title of the Court.

RULE 2. SEAL

The seal of the Court is of the following description: In front of a silver sword, point up, a gold and silver balance supporting a pair of silver scales, encircled by an open wreath of oak leaves, green with gold acorns; all on a grey blue background and within a dark blue band edged in gold and inscribed "UNITED STATES COURT OF MILITARY APPEALS" in gold letters. (E.O. 10295, September 28, 1951, 16 F.R. 10011; 3 CFR 1951 Supp.)

RULE 3. JURISDICTION

The Court will review the record in the following cases: (a) General or flag officers; death sentences.

All cases in which the sentence, as affirmed by a board of review, affects a general or flag officer, or extends to death;

(b) Certified by The Judge Advocate General.

All cases reviewed by a board of review which The Judge Advocate General forwards by Certificate for Review to the Court; and,

(c) Petitioned by the accused.

All cases reviewed by a board of review in which, upon petition of the accused and on good cause shown, the Court has granted a review, except those reviewed under Article 69.

RULE 4. SCOPE OF REVIEW

The Court will act only with respect to the findings and sentence as approved by the convening or reviewing authority, and as affirmed or as set aside as incorrect in law by a board of review. In those cases which The Judge Advocate General forwards to the Court by Certificate For Review, action need be taken only with respect to the issues raised by him. In a case reviewed upon petition of the accused, action need be taken only with respect to issues specified by the Court in the grant of review. The Court may, in any case, however, review other matters of law which materially affect the rights of the parties. The points raised in the Court will involve only errors in law.