§ 1007. — Deductions from pay.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC1007]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 19--ADMINISTRATION
Sec. 1007. Deductions from pay
(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) 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 his pay in monthly installments. However, 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 for any month
to less than one-third of his pay for that month.
(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, 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) In this subsection, the term ``armed forces'' does not include
the Coast Guard when it is not operating as a service in the Navy.
(5) 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, Secs. 71,
72, Nov. 2, 1966, 80 Stat. 1124; Pub. L. 90-83, Sec. 5(3), Sept. 11,
1967, 81 Stat. 221; Pub. L. 98-525, title XIII, Sec. 1305, Oct. 19,
1984, 98 Stat. 2613; Pub. L. 99-145, title VI, Sec. 684, Nov. 8, 1985,
99 Stat. 666; Pub. L. 100-180, div. A, title VI, Sec. 633(a), Dec. 4,
1987, 101 Stat. 1105; Pub. L. 101-189, div. A, title III, Sec. 343(a),
Nov. 29, 1989, 103 Stat. 1420; Pub. L. 101-510, div. A, title XV,
Sec. 1533(b), Nov. 5, 1990, 104 Stat. 1735; Pub. L. 102-25, title VII,
Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-484, div.
A, title X, Sec. 1054(a)(7), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 103-
337, div. A, title III, Sec. 371(a), Oct. 5, 1994, 108 Stat. 2735; Pub.
L. 104-106, div. A, title IX, Sec. 913(c)(2), Feb. 10, 1996, 110 Stat.
411; Pub. L. 104-201, div. A, title X, Sec. 1009(c)(1), Sept. 23, 1996,
110 Stat. 2635; Pub. L. 106-65, div. A, title X, Sec. 1066(d)(5), Oct.
5, 1999, 113 Stat. 773; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov.
25, 2002, 116 Stat. 2314; Pub. L. 107-314, div. A, title X,
Sec. 1006(b), Dec. 2, 2002, 116 Stat. 2633.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
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, Sec. 347(4).
Amendments
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, Sec. 1533(b)(1), substituted
``, warrant officer, and limited duty officer'' for ``and warrant
officer''.
Subsec. (i)(2). Pub. L. 101-510, Sec. 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, Sec. 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, Sec. 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
Airmen's Home'' and ``of the Armed Forces Retirement Home'' for ``of the
homes''.
Pub. L. 101-510, Sec. 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, Sec. 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, Sec. 71, substituted ``section
5512 of title 5'' for ``section 82 of title 5''.
Subsec. (c). Pub. L. 89-718, Sec. 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 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
Section 371(d)(1) of Pub. L. 103-337 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
Section 343(b) of Pub. L. 101-189 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
Section 633(b) of Pub. L. 100-180 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, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in title 5 section 5514; title 10
section 1055; title 24 section 419.
