37-U.S.C.-1007
§1007 – Deductions From Pay
Pathway
Title 37 > Chapter 19 > Section 1007
Details
- Reference: Section 1007
- Legend: §1007 – Deductions From Pay
- USCode Year: 2013
Provision Content
(a) The pay of an officer of an armed force may be withheld, under section 5512 of title 5, only for an indebtedness to the United States admitted by the officer or shown by the judgment of a court, or upon a special order issued in the discretion of the Secretary of Defense (or the Secretary of Homeland Security, in the case of an officer of the Coast Guard when the Coast Guard is not operating as a service in the Navy), or upon the denial of relief of an officer pursuant to section 3527 of title 31.
(b) An amount due to the United States from an enlisted member of the Army or the Air Force for articles sold to him on credit under section 4621(a)(1) or 9621(a)(1) of title 10, as the case may be, shall be deducted from the next pay due him after the sale is reported.
(c)(1) Under regulations prescribed by the Secretary concerned, an amount that a member of the uniformed services is administratively determined to owe the United States or any of its instrumentalities may be deducted from the members pay in monthly installments.
(2) After the deduction of pay forfeited by the sentence of a court-martial, if any, or otherwise authorized by law to be withheld, the deductions authorized by this section may not reduce the pay actually received by a member of the uniformed services for any month to less than one-third of the members pay for that month.
(3)(A) If the indebtedness of a member of the uniformed services to the United States is due to the overpayment of pay or allowances to the member through no fault of the member, the amount of the overpayment shall be recovered in monthly installments. The amount deducted from the pay of the member for a month to recover the overpayment amount may not exceed 15 percent of the members pay for that month unless the member requests or consents to collection of the overpayment at an accelerated rate.
(B) In all cases described in subparagraph (A), the Secretary concerned shall provide a reasonable opportunity for the member to request a delay in the imposition of the repayment requirement to recover the indebtedness. Before beginning collection efforts, the Secretary concerned shall consider the reasons provided by the member for the requested delay, including the financial ability of the member to repay the indebtedness, and the hardship that immediate collection would impose on the member and the members dependents.
(4)(A) If a member of the uniformed services, through no fault of the member, incurs a wound, injury, or illness while in the line of duty in a combat operation or combat zone designated by the President or the Secretary of Defense, any overpayment of pay or allowances made to the member while the member recovers from the wound, injury, or illness may not be deducted from the members pay until—
(i) the member is notified of the overpayment; and
(ii) the later of the following occurs:
(I) The end of the 180-day period beginning on the date of the completion of the tour of duty of the member in the combat operation or combat zone.
(II) The end of the 90-day period beginning on the date of the reassignment of the member from a military treatment facility or other medical unit outside of the theater of operations.
(B) Subparagraph (A) shall not apply if the member, after receiving notification of the overpayment, requests or consents to initiation at an earlier date of the collection of the overpayment of the pay or allowances.
(d) Subject to subsection (c), an amount due the United States from an enlisted member of the Army or the Air Force may be deducted from his pay on final statement, or from his savings on his clothing allowance.
(e) The amount of any damage, or cost of repairs, to arms or equipment caused by the abuse or negligence of a member of the Army, Navy, Air Force, or Marine Corps, as the case may be, who had the care of, or was using, the property when it was damaged, shall be deducted from his pay.
(f) If, upon final settlement of the accounts of an officer of the Army or the Air Force charged with the issue of an article of military supply, there is a deficiency of that article, or if an article of military supply with whose issue an officer is charged is damaged, the value of the lost article or the amount of the damage shall be charged against the officer and deducted from his monthly pay, unless he shows to the satisfaction of the Secretary of the Army or the Secretary of the Air Force, as the case may be, by one or more affidavits setting forth the circumstances, that he was not at fault.
(g) An amount due the United States from an officer of the Army or the Air Force for rations bought on credit, and for articles bought on credit under section 4621(a)(1) or 9621(a)(1) of title 10, shall be deducted from the next pay due that officer after the sale is reported.
(h)(1) Upon request by a service relief society and subject to paragraph (2), an amount owed by a member of the uniformed services to the relief society may be deducted from the pay on final statement of such member and paid to that relief society.
(2) An amount may not be deducted under paragraph (1) from the pay of a member unless the Secretary concerned makes a determination of the amount owed in accordance with the regulations prescribed under subsection (c). Any amount determined to be owed to a service relief society under this paragraph shall be considered an amount that the member is administratively determined to owe the United States under subsection (c) and shall be collectible in accordance with such subsection.
(3) The Secretaries concerned shall prescribe regulations to carry out this subsection.
(4) In this subsection, the term service relief society means the Army Emergency Relief, the Air Force Aid Society, the Navy Relief Society, or the Coast Guard Mutual Assistance.
(i)(1) There shall be deducted each month from the pay of each enlisted member, warrant officer, and limited duty officer of the armed forces on active duty an amount (determined under paragraph (3)) not to exceed $1.00.
(2) Amounts deducted under paragraph (1) shall be deposited in the Armed Forces Retirement Home Trust Fund.
(3) The Secretary of Defense or, in the case of the Coast Guard, the Commandant, after consultation with the Armed Forces Retirement Home Board, shall determine from time to time the amount to be deducted under paragraph (1) from the pay of enlisted members, warrant officers, and limited duty officers on the basis of the financial needs of the Armed Forces Retirement Home. The amount to be deducted may be fixed at different amounts on the basis of grade or length of service, or both.
(4) This subsection does not apply to an enlisted member, warrant officer, or limited duty officer of a reserve component.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 491; Pub. L. 89–718, §§71, 72, Nov. 2, 1966, 80 Stat. 1124; Pub. L. 90–83, §5(3), Sept. 11, 1967, 81 Stat. 221; Pub. L. 98–525, title XIII, §1305, Oct. 19, 1984, 98 Stat. 2613; Pub. L. 99–145, title VI, §684, Nov. 8, 1985, 99 Stat. 666; Pub. L. 100–180, div. A, title VI, §633(a), Dec. 4, 1987, 101 Stat. 1105; Pub. L. 101–189, div. A, title III, §343(a), Nov. 29, 1989, 103 Stat. 1420; Pub. L. 101–510, div. A, title XV, §1533(b), Nov. 5, 1990, 104 Stat. 1735; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title X, §1054(a)(7), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 103–337, div. A, title III, §371(a), Oct. 5, 1994, 108 Stat. 2735; Pub. L. 104–106, div. A, title IX, §913(c)(2), Feb. 10, 1996, 110 Stat. 411; Pub. L. 104–201, div. A, title X, §1009(c)(1), Sept. 23, 1996, 110 Stat. 2635; Pub. L. 106–65, div. A, title X, §1066(d)(5), Oct. 5, 1999, 113 Stat. 773; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title X, §1006(b), Dec. 2, 2002, 116 Stat. 2633; Pub. L. 109–364, div. A, title VI, §674, Oct. 17, 2006, 120 Stat. 2272; Pub. L. 111–84, div. A, title VI, §661(a)–(c), Oct. 28, 2009, 123 Stat. 2370; Pub. L. 111–281, title II, §205(b)(2), Oct. 15, 2010, 124 Stat. 2911.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1007(a) | 10:2772. | [None.] |
| 14:461(b). | [None.] | |
| 1007(b) | 10:4837(a). | [None.] |
| 10:9837(a). | [None.] | |
| 1007(c) | 10:4837(b). | [None.] |
| 10:9837(b). | [None.] | |
| 1007(d) | 10:4837(c). | [None.] |
| 10:9837(c). | [None.] | |
| 1007(e) | 10:4837(e). | [None.] |
| 10:9837(e). | [None.] | |
| 1007(f) | 10:4837(f). | [None.] |
| 10:9837(f). | [None.] | |
| 1007(g) | 10:4837(g). | [None.] |
| 10:9837(g). | [None.] |
Prior Provisions
Provisions similar to those in subsec. (i) of this section were contained in section 44c of Title 24, Hospitals and Asylums, prior to repeal by Pub. L. 101–189, §347(4).
Amendments
2010—Subsec. (i)(3). Pub. L. 111–281, §205(b)(2)(A), inserted or, in the case of the Coast Guard, the Commandant after Secretary of Defense.
Subsec. (i)(4), (5). Pub. L. 111–281, §205(b)(2)(B), (C), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: In this subsection, the term ‘armed forces’ does not include the Coast Guard when it is not operating as a service in the Navy.
2009—Subsec. (c)(3). Pub. L. 111–84, §661(a), (b), designated existing provisions as subpar. (A), substituted 15 percent for 20 percent, and added subpar. (B).
Subsec. (c)(4). Pub. L. 111–84, §661(c), amended par. (4) generally. Prior to amendment, text read as follows: If a member of the uniformed services is injured or wounded under the circumstances described in section 310(a)(2)(C) of this title or, while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense, any overpayment of pay or allowances made to the member while the member recovers from the wound, injury, or illness may not be deducted from the members pay until—
(A) the end of the 90-day period beginning on the date on which the member is notified of the overpayment; or
(B) such earlier date as may be requested or agreed to by the member.
2006—Subsec. (c). Pub. L. 109–364 designated existing provisions as pars. (1) and (2), in pars. (1) and (2) substituted the members pay for his pay, in par. (2) substituted After for However, after and inserted by a member of the uniformed services after actually received, and added pars. (3) and (4).
2002—Subsec. (a). Pub. L. 107–296 substituted of Homeland Security for of Transportation.
Subsec. (e). Pub. L. 107–314 substituted Army, Navy, Air Force, or Marine Corps for Army or the Air Force.
1999—Subsec. (b). Pub. L. 106–65 struck out at end An amount due the United States from an enlisted member of the Army or the Air Force for tobacco sold to him by the United States under section 4623 or 9623 of title 10 shall be deducted from his pay in the manner provided for the settlement of clothing accounts.
1996—Subsec. (a). Pub. L. 104–201 inserted (or the Secretary of Transportation, in the case of an officer of the Coast Guard when the Coast Guard is not operating as a service in the Navy) after Secretary of Defense.
Pub. L. 104–106 substituted Secretary of Defense, or upon the denial of relief of an officer pursuant to section 3527 of title 31 for Secretary concerned.
1994—Subsec. (i)(1). Pub. L. 103–337 substituted $1.00 for 50 cents.
1992—Subsec. (i)(3). Pub. L. 102–484 substituted , warrant officers, and limited duty officers for and warrant officers.
1991—Subsec. (d). Pub. L. 102–25 struck out of this section after subsection (c).
1990—Subsec. (i)(1). Pub. L. 101–510, §1533(b)(1), substituted , warrant officer, and limited duty officer for and warrant officer.
Subsec. (i)(2). Pub. L. 101–510, §1533(b)(2), added par. (2) and struck out former par. (2) which read as follows: Amounts deducted under paragraph (1) shall be—
(A) deposited in the Soldiers’ Home, permanent fund, in the case of deductions from the pay of enlisted members and warrant officers in the Army and Air Force; and
(B) credited to the funds available for the operation of the Naval Home, in the case of deductions from the pay of enlisted members and warrant officers in the Navy, Marine Corps, or Coast Guard (when it is operating as a service in the Navy).
Subsec. (i)(2)(B). Pub. L. 101–510, §1533(b)(1), which directed amendment of subpar. (B) by substituting , warrant officer, and limited duty officer for and warrant officer, could not be executed because the words and warrant officer did not appear.
Subsec. (i)(3). Pub. L. 101–510, §1533(b)(3), substituted Armed Forces Retirement Home Board for Governor of the Naval Home and the board of commissioners for the United States Soldiers’ and Airmens Home and of the Armed Forces Retirement Home for of the homes.
Pub. L. 101–510, §1533(b)(1), which directed amendment of par. (3) by substituting , warrant officer, and limited duty officer for and warrant officer, could not be executed because the words and warrant officer did not appear.
Subsec. (i)(5). Pub. L. 101–510, §1533(b)(4), substituted , warrant officer, or limited duty officer for or warrant officer.
1989—Subsec. (i). Pub. L. 101–189 added subsec. (i).
1987—Subsec. (h). Pub. L. 100–180 added subsec. (h).
1985—Subsec. (c). Pub. L. 99–145 substituted uniformed services for armed forces.
1984—Subsec. (c). Pub. L. 98–525 substituted a member of the armed forces for an enlisted member of the Army or the Air Force.
1967—Subsec. (b). Pub. L. 90–83 struck out requirement that, in case of a member of the Army, the report be made to Chief of Finance.
1966—Subsec. (a). Pub. L. 89–718, §71, substituted section 5512 of title 5 for section 82 of title 5.
Subsec. (c). Pub. L. 89–718, §72, substituted pay for basic pay as the amount which cannot be reduced below one-third through deductions from enlisted men of the Army or Air Force who have been administratively determined to owe the United States, payable by deductions in monthly installments.
Effective Date of 2009 Amendment
Pub. L. 111–84, div. A, title VI, §661(d), Oct. 28, 2009, 123 Stat. 2370, provided that: The amendments made by this section [amending this section] shall apply only with respect to an overpayment of pay or allowances made to a member of the uniformed services after the date of the enactment of this Act [Oct. 28, 2009].
Effective Date of 2002 Amendments
Amendment by Pub. L. 107–314 applicable with respect to loss, spoilage, unserviceability, unsuitability, or destruction of, or damage to, property of United States under control of Department of Defense occurring on or after effective date of regulations prescribed pursuant to section 2787 of Title 10, Armed Forces, see section 1006(d) of Pub. L. 107–314, set out as an Effective Date note under section 2787 of Title 10.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1994 Amendment
Pub. L. 103–337, div. A, title III, §371(d)(1), Oct. 5, 1994, 108 Stat. 2735, provided that: (1) The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1995, and apply to years that begin on or after that date.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–510 effective one year after Nov. 5, 1990, see section 1541 of Pub. L. 101–510, formerly set out as an Effective Date note under section 401 of Title 24, Hospitals and Asylums.
Effective Date of 1989 Amendment
Pub. L. 101–189, div. A, title III, §343(b), Nov. 29, 1989, 103 Stat. 1421, provided that:
(1) Except as provided in paragraph (2), subsection (i) of section 1007 of title 37, United States Code, as added by subsection (a), shall take effect on the first day of the first month beginning after the date of the enactment of this Act [Nov. 29, 1989].
(2) With respect to deductions from the pay of an enlisted member or warrant officer in the Navy, Marine Corps, or Coast Guard (when it is operating as a service in the Navy), such subsection shall take effect on October 1, 1990.
Effective Date of 1987 Amendment
Pub. L. 100–180, div. A, title VI, §633(b), Dec. 4, 1987, 101 Stat. 1106, provided that: Subsection (h) of section 1007 of title 37, United States Code (as added by subsection (a)), shall apply with respect to debts incurred by members of the uniformed services after the date of the enactment of this Act [Dec. 4, 1987].
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, set out as a note under section 542 of Title 6.
U.S. Encyclopedia of Law Coverage
37-U.S.C.-902 in the Legal Encyclopedia: Uniformed Services
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37-U.S.C.-801 in the Legal Encyclopedia: Payments
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