10 U.S.C. § 1035 — Deposits of savings

Page 923 TITLE 10—ARMED FORCES § 1035 ‘‘(B) The training of the staffs of the Inspectors General referred to in subparagraph (A) on the con- duct of investigations described in that subpara- graph. ‘‘(2) USE.—Commencing 180 days after prescription of the standards required by paragraph (1), the Inspectors General referred to in that paragraph shall comply with such standards in the conduct of investigations described in that paragraph and in the training of the staffs of such Inspectors General in the conduct of such investigations.’’ NOTICE TO CONGRESS OF CERTAIN DEPARTMENT OF DEFENSE NONDISCLOSURE AGREEMENTS Pub. L. 112–239, div. A, title X, § 1054, Jan. 2, 2013, 126 Stat. 1937, provided that: ‘‘(a) NOTICE REQUIRED.—The Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] notice of any request or requirement for members of the Armed Forces or civilian employees of the Department of De- fense to enter into nondisclosure agreements that could restrict the ability of such members or employees to communicate with Congress. Each such notice shall in- clude the following: ‘‘(1) The basis in law for the agreement. ‘‘(2) An explanation for the restriction of the abil- ity to communicate with Congress. ‘‘(3) A description of the category of individuals re- quested or required to enter into the agreement. ‘‘(4) A copy of the language contained in the agree- ment. ‘‘(b) TIMING OF NOTIFICATION.— ‘‘(1) REQUESTS OR REQUIREMENTS BEFORE DATE OF EN- ACTMENT.—In the case of nondisclosure agreements described in subsection (a) that members or employ- ees were first requested or required to enter into on or before the date of the enactment of this Act [Jan. 2, 2013], the notice required by subsection (a) shall be submitted not later than 60 days after the date of en- actment. ‘‘(2) REQUESTS OR REQUIREMENTS AFTER DATE OF EN- ACTMENT.—In the case of nondisclosure agreements described in subsection (a) that members or employ- ees were first requested or required to enter into after the date of the enactment of this Act, the no- tice required by subsection (a) shall be submitted not later than 30 days after the date on which the Sec- retary first requests or requires that the members or employees enter into the agreements.’’ WHISTLEBLOWER PROTECTIONS FOR MEMBERS OF ARMED FORCES Pub. L. 102–190, div. A, title VIII, § 843, Dec. 5, 1991, 105 Stat. 1449, provided that: ‘‘(a) REGULATIONS REQUIRED.—The Secretary of De- fense shall prescribe regulations prohibiting members of the Armed Forces from taking or threatening to take any unfavorable personnel action, or withholding or threatening to withhold a favorable personnel ac- tion, as a reprisal against any member of the Armed Forces for making or preparing a lawful communica- tion to any employee of the Department of Defense or any member of the Armed Forces who is assigned to or belongs to an organization which has as its primary re- sponsibility audit, inspection, investigation, or en- forcement of any law or regulation. ‘‘(b) VIOLATIONS BY PERSONS SUBJECT TO THE UCMJ.— The Secretary shall provide in the regulations that a violation of the prohibition by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is punishable as a violation of section 892 of such title (article 92 of the Uniform Code of Military Justice). ‘‘(c) DEADLINE.—The regulations required by this sec- tion shall be prescribed not later than 180 days after the date of the enactment of this Act [Dec. 5, 1991].’’ REPORT ON ACTIVITIES OF INSPECTOR GENERAL Pub. L. 100–456, div. A, title VIII, § 846(c), Sept. 29, 1988, 102 Stat. 2030, directed Inspector General of De- partment of Defense (and Inspector General of Depart- ment of Transportation with respect to Coast Guard) to submit, not later than Feb. 1, 1990, a report to Congress on activities of Inspector General under this section, with that report to include, in the case of each case handled by Inspector General under this section, a de- scription of (A) nature of allegation described in sub- sec. (c) of this section; (B) evaluation and recommenda- tion of Inspector General with respect to allegation; (C) any action of appropriate board for correction of mili- tary records with respect to allegation; (D) if allega- tion was determined to be meritorious, any corrective action taken; and (E) views of member or former mem- ber of armed forces making allegation (determined on basis of interview under subsec. (f) of this section) on disposition of case. § 1035. Deposits of savings (a) Under joint regulations prescribed by the Secretaries concerned, a member of the armed forces who is on a permanent duty assignment outside the United States or its possessions may deposit during that tour of duty not more than his unallotted current pay and allowances in amounts of $5 or more, with any branch, office, or officer of a uniformed service. Amounts so de- posited shall be deposited in the Treasury and kept as a separate fund, and shall be accounted for in the same manner as public funds. (b) Interest at a rate prescribed by the Presi- dent, not to exceed 10 percent a year, will accrue on amounts deposited under this section. How- ever, the maximum amount upon which interest may be paid under this subsection to any mem- ber is $10,000, except that such limitation shall not apply to deposits made on or after Sep- tember 1, 1966, in the case of those members in a missing status during the Vietnam conflict, the Persian Gulf conflict, or a contingency oper- ation. Interest under this subsection shall ter- minate 90 days after the member’s return to the United States or its possessions. (c) Except as provided in joint regulations pre- scribed by the Secretaries concerned, payments of deposits, and interest thereon, may not be made to the member while he is on duty outside the United States or its possessions. (d) An amount deposited under this section, with interest thereon, is exempt from liability for the member’s debts, including any indebted- ness to the United States or any instrumen- tality thereof, and is not subject to forfeiture by sentence of a court-martial. (e) The Secretary concerned, or his designee, may in the interest of a member who is in a missing status or his dependents, initiate, stop, modify, and change allotments, and authorize a withdrawal of deposits, made under this section, even though the member had an opportunity to deposit amounts under this section and elected not to do so. Interest may be computed from the day the member entered a missing status, or September 1, 1966, whichever is later. (f) The Secretary of Defense may authorize a member of the armed forces who is on a tem- porary duty assignment outside of the United States or its possessions in support of a contin- gency operation to make deposits of unallotted current pay and allowances during that duty as provided in subsection (a). The Secretary shall prescribe regulations establishing standards and procedures for the administration of this sub- section. Page 924 TITLE 10—ARMED FORCES § 1035 (g) In this section: (1) The term ‘‘missing status’’ has the mean- ing given that term in section 551(2) of title 37. (2) The term ‘‘Vietnam conflict’’ means the period beginning on February 28, 1961, and end- ing on May 7, 1975. (3) The term ‘‘Persian Gulf conflict’’ means the period beginning on January 16, 1991, and ending on the date thereafter prescribed by Presidential proclamation or by law. (Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 89–538, § 1(1), Aug. 14, 1966, 80 Stat. 347; Pub. L. 90–122, § 1, Nov. 3, 1967, 81 Stat. 361; Pub. L. 91–200, Feb. 26, 1970, 84 Stat. 16; Pub. L. 98–525, title XIV, § 1405(20), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99–661, div. A, title XIII, § 1343(a)(3), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 102–25, title III, § 310, Apr. 6, 1991, 105 Stat. 84; Pub. L. 102–190, div. A, title VI, § 639, Dec. 5, 1991, 105 Stat. 1384.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1035(a) ..... 10:908(a) (less words after last semicolon). 34:937 (less words after last semicolon). July 15, 1954, ch. 513, §§ 1–3, 68 Stat. 485. 1035(b) ..... 10:908b (1st 20, and last 13, words). 34:938 (1st 20, and last 13, words). 1035(c) ..... 10:908a (words after last semicolon). 10:908b (less 1st 20, and last 13, words). 34:937 (words after last semicolon). 34:938 (less 1st 20, and last 13, words). 1035(d) ..... 10:908c. 34:939. In subsection (a), the words ‘‘in amounts of $5 or more’’ are substituted for the words ‘‘in sums not less than $5’’. 10:908a (words before 1st semicolon of last sen- tence) and 34:937 (words before 1st semicolon of last sentence) are omitted as covered by subsection (c). In subsection (b), the word ‘‘accrues’’ is substituted for the words ‘‘shall be paid’’. In subsection (c), the words ‘‘not less than $5’’ are omitted as surplusage. Editorial Notes AMENDMENTS 1991—Subsec. (b). Pub. L. 102–190, § 639(a), substituted ‘‘, the Persian Gulf conflict, or a contingency oper- ation’’ for ‘‘or during the Persian Gulf conflict’’ before period at end of second sentence and struck out at end ‘‘For purposes of this subsection, the Vietnam conflict begins on February 28, 1961, and ends on May 7, 1975, and the Persian Gulf conflict begins on January 16, 1991, and ends on the date thereafter prescribed by Presidential proclamation or by law.’’ Pub. L. 102–25, § 310(a), (c)(1), struck out ‘‘, as defined in section 551(2) of title 37,’’ after ‘‘missing status’’, in- serted ‘‘or during the Persian Gulf conflict’’ before pe- riod at end of second sentence, and substituted ‘‘May 7, 1975, and the Persian Gulf conflict begins on January 16, 1991, and ends on the date thereafter prescribed by Presidential proclamation or by law’’ for ‘‘the date des- ignated by the President by Executive order as the date of the termination of combatant activities in Viet- nam’’. Subsec. (e). Pub. L. 102–25, § 310(c)(2), struck out ‘‘(as defined in section 551(2) of title 37)’’ after ‘‘in a missing status’’. Subsec. (f). Pub. L. 102–190, § 639(b), added subsec. (f) and redesignated former subsec. (f) as (g). Pub. L. 102–25, § 310(b), added subsec. (f). Subsec. (g). Pub. L. 102–190, § 639(b)(1), (c), redesig- nated subsec. (f) as (g) and amended it generally. Prior to amendment, subsec. (g) read as follows: ‘‘In this sec- tion, the term ‘missing status’ has the meaning given such term in section 551(2) of title 37.’’ 1986—Subsec. (a). Pub. L. 99–661 substituted ‘‘armed forces’’ for ‘‘armed force’’. 1984—Subsec. (b). Pub. L. 98–525 substituted ‘‘percent’’ for ‘‘per centum’’, ‘‘subsection’’ for ‘‘Act’’ after ‘‘paid under this’’, and ‘‘90’’ for ‘‘ninety’’. 1970—Subsec. (b). Pub. L. 91–200 permitted accrual of interest on savings above $10,000 ceiling in case of sol- diers involved in Vietnam conflicts who have made de- posits on or after Sept. 1, 1966, and who are in missing status contemplated by section 551(2) of Title 37, and set out duration of Vietnam conflict as starting Feb. 28, 1961, and ending on the date that the President may designate by Executive order. 1967—Subsec. (e). Pub. L. 90–122 added subsec. (e). 1966—Subsec. (a). Pub. L. 89–538 permitted not only enlisted personnel but any member of the armed forces, provided he is on permanent duty outside the United States, to participate in the savings program organized under this section and changed the fund into which such savings deposits are made. Subsec. (b). Pub. L. 89–538 changed rate of interest from 4 per centum per annum to a rate prescribed by the President, not to exceed 10 per centum per annum, did away with the necessity that amounts be on deposit for six months or more, set a maximum of $10,000 upon which interest shall be paid, and provided for termi- nation of interest 90 days after the member’s return to the United States or its possessions. Subsec. (c). Pub. L. 89–538 substituted provisions that, unless changed by joint regulations of the Secretaries concerned, payments of deposits and interest may not be made to the individual while stationed outside of the United States, for provisions that payment of deposits and interest could be made only to the member upon discharge, or before discharge as prescribed by the Sec- retary concerned, or to the member’s heirs or legal rep- resentatives. Subsec. (d). Pub. L. 89–538 reenacted subsec. (d) sub- stantially without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1967 AMENDMENT Pub. L. 90–122, § 2, Nov. 3, 1967, 81 Stat. 361, provided that: ‘‘This Act [amending this section] becomes effec- tive as of September 1, 1966.’’ SAVINGS PROGRAM FOR OVERSEAS PERSONNEL Pub. L. 101–510, div. A, title XI, § 1114, Nov. 5, 1990, 104 Stat. 1636, as amended by Pub. L. 102–25, title III, § 314(1), (3), Apr. 6, 1991, 105 Stat. 86, directed the Sec- retary of Defense to prescribe regulations establishing standards and procedures for the administration of a program to authorize members of the Armed Forces serving outside the United States during the Persian Gulf conflict to make deposits of unallotted current pay and allowances and to earn interest under this sec- tion. ADJUSTMENT OF DEPOSIT ACCOUNTS OF CERTAIN ENLISTED MEN Pub. L. 89–738, Nov. 2, 1966, 80 Stat. 1165, provided: ‘‘That the Secretary of a military department or his designee, shall adjust the deposit account of any en- listed member or former enlisted member of the Army, Navy, Air Force, or Marine Corps, as the case may be, who, after July 14, 1954, and before the effective date of this Act [Nov. 2, 1966], upon discharge and immediate reenlistment or retirement and immediate recall to ac- tive duty, continued, without withdrawal and rede- posit, his account for deposits made under section 1035 of title 10, United States Code, or prior laws author- izing enlisted members’ deposits, to show that his de- posits and interest accrued thereon were withdrawn Page 925 TITLE 10—ARMED FORCES § 1037 and redeposited on the date of such reenlistment or re- call to active duty. ‘‘SEC. 2. The Secretary of the military department concerned, or his designee, shall pay to a former en- listed member described in section 1 of this Act any amount found due as a result of the adjustment pre- scribed by that section if he submits an application within two years following the date of enactment of this Act [Nov. 2, 1966]. If the member is currently serv- ing on active duty and has an active deposit account, the amount due him will automatically be credited to such account. In the case of a deceased member, appli- cation under this section shall be made within two years following the date of enactment of this Act [Nov. 2, 1966] by the person determined to be eligible under section 2771 of Title 10, United States Code. ‘‘SEC. 3. All payments heretofore made which would, but for the fact of such payment, be payable under this Act are validated. However, if such a payment has been repaid to the United States, the fact of payment shall not affect entitlement under this Act.’’ RATES OF INTEREST ON DEPOSITS MADE BEFORE AUG. 14, 1966 Pub. L. 89–538, § 2, Aug. 14, 1966, 80 Stat. 347, provided that: ‘‘(a) Notwithstanding the first section of this Act [amending this section], an amount on deposit under section 1035 of title 10, United States Code, on the date of enactment of this Act [Aug. 14, 1966], shall accrue in- terest at the rate and under the conditions in effect on the day before the date of enactment of this Act [Aug. 14, 1966], until the member’s current enlistment termi- nates or earlier, as may be jointly prescribed by the Secretaries concerned. However, a member who is on a permanent duty assignment outside the United States or its possessions on the date of enactment of this Act [Aug. 14, 1966], or who reports for that duty on or after that date but before the termination of his current en- listment, will be entitled to interest on such deposit, on and after that date, at the rate and under the condi- tions prescribed pursuant to section 1 [amending this section]. Payments of deposits, and interest thereon, may be made to the member’s heirs or legal representa- tives. ‘‘(b) Any amounts deposited between May 4, 1966, and the date of enactment of this Act [Aug. 14, 1966] while a member was assigned to permanent duty within the United States and its possessions, and any amounts de- posited between May 4, 1966, and the date of enactment of this Act [Aug. 14, 1966] by a member on permanent duty assignment outside the United States and its pos- sessions which are in excess of his unallotted pay and allowances for that period, shall accrue interest at the rate in effect before enactment of this Act.’’ EXTENSION OF COVERAGE TO PUBLIC HEALTH SERVICE AND COAST AND GEODETIC SURVEY PERSONNEL; RULES AND REGULATIONS Pub. L. 89–538, § 3(c), Aug. 14, 1966, 80 Stat. 348, pro- vided that: ‘‘Regulations prescribed by the Secretary of Commerce and the Secretary of Health, Education, and Welfare [now Health and Human Services] under sub- sections (a) and (b) [extending savings deposits benefits to commissioned officers of the Public Health Service and the Coast and Geodetic Survey (now the National Oceanic and Atmospheric Administration), respec- tively] shall be prescribed jointly with regulations pre- scribed by the Secretaries concerned under section 1035 of title 10, United States Code.’’ PUBLIC HEALTH SERVICE Authority vested by this section in ‘‘the Secretary concerned’’ to be exercised with respect to commis- sioned officers of the Public Health Service, by the Sec- retary of Health and Human Services or his designee, see section 213a of Title 42, The Public Health and Wel- fare. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Authority vested by this chapter in ‘‘the Secretary concerned’’ to be exercised, with respect to commis- sioned officer corps of the National Oceanic and Atmos- pheric Administration, by Secretary of Commerce or Secretary’s designee, see section 3071 of Title 33, Navi- gation and Navigable Waters. Executive Documents EX. ORD. NO. 11298. INTEREST RATE Ex. Ord. No. 11298, Aug. 14, 1966, 31 F.R. 10915, pro- vided: By virtue of the authority vested in me by Section 1035 of Title 10 of the United States Code, as amended by the Act of August 14, 1966, I hereby prescribe that amounts deposited by members of the uniformed serv- ices under that Section shall accrue interest at the rate of ten percent per annum, compounded quarterly. This order shall be effective September 1, 1966. LYNDON B. JOHNSON. [§ 1036. Repealed. Pub. L. 113–66, div. A, title VI, § 621(a)(2)(A), Dec. 26, 2013, 127 Stat. 783] Section, added Pub. L. 86–160, § 1(1), Aug. 14, 1959, 73 Stat. 358; amended Pub. L. 98–94, title IX, § 913(a), Sept. 24, 1983, 97 Stat. 640, provided for transportation and travel allowances for escorts for dependents of mem- bers. § 1037. Counsel before foreign judicial tribunals and administrative agencies; court costs and bail (a) Under regulations to be prescribed by him, the Secretary concerned may employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation, before the judicial tribunals and administrative agen- cies of any foreign nation, of persons subject to the Uniform Code of Military Justice and of per- sons not subject to the Uniform Code of Military Justice who are employed by or accompanying the armed forces in an area outside the United States and the territories and possessions of the United States, the Northern Mariana Islands, and the Commonwealth of Puerto Rico. So far as practicable, these regulations shall be uniform for all armed forces. (b) The person on whose behalf a payment is made under this section is not liable to reim- burse the United States for that payment, un- less he is responsible for forfeiture of bail pro- vided under subsection (a). (c) Appropriations available to the military department concerned or the Department of Homeland Security, as the case may be, for the pay of persons under its jurisdiction may be used to carry out this section. (Added Pub. L. 85–861, § 1(24)(A), Sept. 2, 1958, 72 Stat. 1445; amended Pub. L. 96–513, title I, § 511(31), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 99–145, title VI, § 681(a), Nov. 8, 1985, 99 Stat. 665; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1037(a) ..... 50:751. 50:752. July 24, 1956, ch. 689 (less § 3), 70 Stat. 630. 1037(b) ..... 50:754. 1037(c) ..... 50:755.