§ 1006. — Advance payments.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC1006]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 19--ADMINISTRATION
Sec. 1006. Advance payments
(a) Under regulations prescribed by the Secretary concerned, a
member of a uniformed service may be paid in advance--
(1) not more than three months' pay of such member upon such
member's change of permanent station; or
(2) the amount of an allotment made from such member's pay to a
dependent if such member is assigned or scheduled for assignment to
sea duty or other duty with a unit or command deployed or to be
deployed outside the United States and the allotment is made by such
member not more than sixty days before the scheduled date of the
assignment of such member to such duty.
(b) Under regulations prescribed by the Secretary concerned, a
member of a uniformed service who is on duty at a distant station where
the pay and emoluments to which he is entitled cannot be disbursed
regularly, may be paid in advance.
(c) Under regulations prescribed by the Secretary concerned, an
advance of pay to a member of a uniformed service who is on duty outside
the United States, or other place designated by the Secretary of
Defense, of not more than two months' basic pay may be made to a member
if the member or the dependents of the member are ordered evacuated by
competent authority. An advance of pay under this subsection is not
subject to the conditions under which advances of pay may be made under
subsection (a) or (b). An advance may be made on the basis of the
evacuation of a member's dependents only if all dependents of members of
the uniformed services are ordered evacuated from the place where the
member's dependents are located. In the case of a member with
dependents, the payment may be made directly to dependents previously
designated by the member. The Secretary concerned or his designee may
waive any right of recovery of not more than one month's basic pay
advanced under this subsection if he finds that recovery of the advance
would be against equity and good conscience or against the public
interest.
(d) If a person to whom an advance of pay is made under subsection
(a), (b), or (c) dies or is separated from his uniformed service, before
liquidation of that advance, the amount remaining unliquidated at the
time of his death or separation shall be credited to the account of the
disbursing officer concerned. However, the unliquidated amount remains a
debt of that person or his estate to the United States.
(e)(1) As far as practicable, regulations for the administration of
subsections (a)-(d) shall be uniform for all of the uniformed services.
(2)(A) Notwithstanding any other provision of law, an obligation for
an advance of pay made pursuant to this section shall be recorded as an
obligation only in the fiscal year in which the entitlement of the
member to the pay accrues.
(B) Current appropriations available for advance payments under this
section may be transferred to the prior fiscal year appropriation
available for the same purpose in the amount of any unliquidated advance
payments that remain at the end of such prior fiscal year. Such
unliquidated advance payments shall then be credited to the current
appropriation.
(f) Under regulations prescribed by the Secretary of Homeland
Security, an advance of pay of not more than three months' pay may be
made to an officer of the Coast Guard who is ordered to sea duty or to
or from shore duty beyond the seas. In addition, the Commandant of the
Coast Guard may direct such advances as he considers necessary and
proper to members of the Coast Guard stationed at distant stations where
the pay and emoluments to which they are entitled cannot be paid
regularly.
(g) Under regulations prescribed by the Secretary concerned, the
dislocation allowance authorized by section 407 of this title for a
member of a uniformed service whose dependents are covered by section
405a(a) of this title may be paid in advance of the evacuation of the
dependents and to the dependents designated by the member.
(h) Notwithstanding subsections (a) and (b) of section 3324 of title
31, the Secretary concerned may, when the last day of the pay period
falls on a Saturday, Sunday, or legal holiday, authorize the payment of
pay and allowances to members of uniformed service under his
jurisdiction on the preceding workday but not more than three days
before the last day of that pay period. If a member dies after he has
received an advance payment under this subsection, but before the last
day of the pay period for which the payment is made, no part of the
amount so advance is recoverable by the United States.
(i) Under regulations prescribed by the Secretary concerned, not
more than one month's pay may be paid in advance to a member of the
Armed Forces Health Professions Scholarship program upon reporting for a
period of active duty required by section 2121(c) of title 10.
(j) Under regulations prescribed by the Secretary concerned, not
more than one month's pay may be paid in advance to a member of the
Senior Reserve Officers' Training Corps who is ordered to field training
or a practice required under section 2109 of title 10.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 89-26, Sec. 1(6),
May 22, 1965, 79 Stat. 117; Pub. L. 89-193, Sept. 21, 1965, 79 Stat.
823; Pub. L. 89-718, Sec. 70, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 90-
623, Sec. 3(1), (9), Oct. 22, 1968, 82 Stat. 1314, 1315; Pub. L. 96-76,
title III, Sec. 313(b), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96-215,
Sec. 3, Mar. 25, 1980, 94 Stat. 123; Pub. L. 96-343, Sec. 8, Sept. 8,
1980, 94 Stat. 1128; Pub. L. 96-513, title V, Sec. 516(23), Dec. 12,
1980, 94 Stat. 2939; Pub. L. 97-60, title I, Sec. 131(b), Oct. 14, 1981,
95 Stat. 1005; Pub. L. 97-258, Sec. 3(j), Sept. 13, 1982, 96 Stat. 1065;
Pub. L. 99-145, title XIII, Sec. 1303(b)(12), Nov. 8, 1985, 99 Stat.
741; Pub. L. 99-661, div. A, title VI, Sec. 602(a), Nov. 14, 1986, 100
Stat. 3874; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6,
1991, 105 Stat. 117; Pub. L. 102-484, div. A, title VI, Sec. 602(a),
Oct. 23, 1992, 106 Stat. 2420; Pub. L. 103-160, div. A, title VI,
Sec. 605(a), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 105-261, div. A,
title VI, Sec. 652, Oct. 17, 1998, 112 Stat. 2051; Pub. L. 107-296,
title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
1006(a)............................... 37:310c(a). Oct. 5, 1949, ch. 600, Sec. 1, 63
Stat. 703.
1006(b)............................... 37:319c(b). Oct. 5, 1949, ch. 600, Sec. 2;
added Aug. 30, 1961, Pub. L. 87-
188, Sec. 1, 75 Stat. 416.
1006(c)............................... 37:310c-1. Oct. 5, 1949, ch. 600, Sec. 2, 63
Stat. 704; redesignated as section
3, Aug. 30, 1961, Pub. L. 87-188,
Sec. 2, 75 Stat. 416.
1006(d)............................... 37:310d.
1006(e)............................... 37:310c (less (a) and (b)).
1006(f)............................... 14:465. [None.]
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In subsections (a) and (b), the words ``a member of an armed force''
are substituted for the words ``commissioned and warrant officers, and
enlisted men of the armed services.'' The words ``Secretary concerned''
are substituted for the words ``heads of the departments concerned'' to
conform to the definition in section 101(5) of this revised title.
In subsection (b), the words ``may be paid in advance'' are
substituted for the words ``may have their pay and emoluments
advanced''.
In subsection (c), the words ``Secretary concerned'' are substituted
for the words ``heads of the departments concerned'' to conform to the
definition in section 101(5) of this revised title. The words ``member
of an armed force'' are substituted for the words ``members of the armed
services''. The words ``who are'' are substituted for the words ``in the
event such dependents are''. The words ``under subsection (a) or (b) of
this section'' are substituted for the words ``in section 310c of this
title'' to reflect the section of this revised title which restates that
section. The words ``dependents of members of the armed forces'' are
substituted for the words ``military dependents.'' The words ``at a
place'' are omitted as surplusage.
In subsection (d), the words ``If a'' are substituted for the words
``In the event the''. The words ``credited to the account'' are
substituted for the words ``passed to credit in the account''.
Amendments
2002--Subsec. (f). Pub. L. 107-296 substituted ``Secretary of
Homeland Security'' for ``Secretary of Transportation''.
1998--Subsec. (e). Pub. L. 105-261 designated existing provisions as
par. (1) and added par. (2).
1993--Subsec. (c). Pub. L. 103-160 substituted ``the Secretary of
Defense'' for ``the President'' in first sentence.
1992--Subsec. (c). Pub. L. 102-484 inserted first four sentences and
struck out former first and second sentences which read as follows:
``Under regulations prescribed by the Secretary concerned, an advance of
pay to a member of a uniformed service who is on duty outside the United
States, or other place designated by the President, of not more than two
months' basic pay may be made directly to his previously designated
dependents who are ordered evacuated by competent authority. An advance
of pay under this subsection is not subject to the conditions under
which advances of pay may be made under subsection (a) or (b), and may
be made only if all dependents of members of the uniformed services are
ordered evacuated from the place where the member's dependents are
located.''
1991--Subsec. (c). Pub. L. 102-25 struck out ``of this section''
after ``subsection (a) or (b)''.
Subsec. (d). Pub. L. 102-25 struck out ``of this section'' after
``subsection (a), (b), or (c)''.
Subsec. (e). Pub. L. 102-25 struck out ``of this section'' after
``subsections (a)-(d)''.
1986--Subsec. (j). Pub. L. 99-661 added subsec. (j).
1985--Subsec. (h). Pub. L. 99-145 substituted ``subsections (a) and
(b) of section 3324'' for ``section 3324(a) and (b)''.
1982--Subsec. (h). Pub. L. 97-258 substituted ``section 3324(a) and
(b) of title 31'' for ``section 3648 of the Revised Statutes (31 U.S.C.
529)'' after ``Notwithstanding''.
1981--Subsec. (i). Pub. L. 97-60 added subsec. (i).
1980--Subsec. (a). Pub. L. 96-343 inserted provision authorizing an
advance payment of the amount of an allotment made from the pay of a
member of the uniformed services to a dependent if the member is
scheduled for duty with a unit deployed outside the United States and
the allotment is made not more than 60 days before the scheduled date of
the assignment.
Pub. L. 96-215, Sec. 3(1), substituted ``a uniformed service'' for
``an armed force or of the Public Health Service''.
Subsec. (b). Pub. L. 96-215, Sec. 3(1), substituted ``a uniformed
service'' for ``an armed force or of the Public Health Service''.
Subsec. (c). Pub. L. 96-215, Sec. 3(1), (2), substituted ``a
uniformed service'' for ``an armed force or of the Public Health
Service'' and ``members of the uniformed services'' for ``members of the
armed forces or of the Public Health Service''.
Subsec. (d). Pub. L. 96-215, Sec. 3(3), substituted ``from his
uniformed service'' for ``from his armed force or from the Public Health
Service''.
Subsec. (e). Pub. L. 96-215, Sec. 3(4), substituted ``uniformed
services'' for ``armed forces and the Public Health Service''.
Subsec. (h). Pub. L. 96-513 substituted ``3648 of the Revised
Statutes (31 U.S.C. 529)'' for ``529 of title 31''.
Pub. L. 96-215, Sec. 3(5), substituted ``a uniformed service'' for
``an armed force or of the Public Health Service''.
1979--Subsecs. (a) to (d) and (h). Pub. L. 96-76 inserted reference
to the Public Health Service.
1968--Subsec. (a). Pub. L. 90-623, Sec. 3(9), substituted ``change
of permanent station'' for ``permanent change of station''.
Subsec. (f). Pub. L. 90-623, Sec. 3(1), substituted ``Secretary of
Transportation'' for ``Secretary of the Treasury''.
1966--Subsec. (h). Pub. L. 89-718 redesignated as subsec. (h) the
subsection relating to advance payment of pay and allowances when the
last day of the pay period falls on a Saturday, Sunday, or legal
holiday, formerly designated as subsec. (g).
1965--Subsec. (c). Pub. L. 89-26, Sec. 1(6)(A), empowered the
Secretary concerned or his designee to waive any right of recovery of
not more than one month's basic pay advanced if he finds that recovery
of the advance would be against equity and good conscience or against
the public interest.
Subsec. (g). Pub. L. 89-193 added subsec. (g) relating to the
payment of pay and allowances when the last day of the pay period falls
on a Saturday, Sunday, or legal holiday.
Pub. L. 89-26, Sec. 1(6)(B), added subsec. (g) relating to advance
payment of the dislocation allowance.
Effective Date of 2002 Amendment
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 1992 Amendment
Section 602(b) of Pub. L. 102-484 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply with respect
to evacuations on or after June 1, 1991.''
Effective Date of 1986 Amendment
Section 602(b) of Pub. L. 99-661, as amended by Pub. L. 100-26,
Sec. 3(2), Apr. 21, 1987, 101 Stat. 273, provided that: ``Subsection (j)
of section 1006 of title 37, United States Code, as added by subsection
(a), shall apply with respect to pay payable for months beginning after
the date of the enactment of this Act [Nov. 14, 1986].''
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
Title 10, Armed Forces.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314
of Pub. L. 96-76, set out as a note under section 206 of Title 42, The
Public Health and Welfare.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government
Organization and Employees.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89-26 effective Feb. 1, 1965, see section 2 of
Pub. L. 89-26, as amended, set out as an Effective Date note under
section 405a of this title.
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, as modified,
set out as a note under section 542 of Title 6.
Fiscal Year of Recordation of Obligations
Pub. L. 94-212, title VII, Sec. 744, Feb. 9, 1976, 90 Stat. 175,
provided that: ``Obligations hereafter incurred for advance payments of
pay and allowances pursuant to section 1006 of title 37, United States
Code, shall be recorded as obligations only in the fiscal year in which
such payments are earned.''
