§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 Transportation, 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 or the Air Force, 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, §§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 .)

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, §347(4).

Amendments

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 Airmen's 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 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, 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]."

Section Referred to in Other Sections

This section is referred to in title 5 section 5514; title 10 section 1055; title 24 section 419.