37 U.S.C. § 701 — Members of the Army, Navy, Air Force, Ma-

Page 229 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 701 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 603 .......... 37:353 (1st 28 words). June 21, 1950, ch. 342, § 3 (1st 28 words), 64 Stat. 249; Aug. 7, 1959, Pub. L. 86–145, § 2, 73 Stat. 297. The words ‘‘effectively’’ and ‘‘provisions of’’ are omit- ted as surplusage. Editorial Notes AMENDMENTS 1989—Pub. L. 101–189 substituted ‘‘Secretary of Vet- erans Affairs’’ for ‘‘Administrator of Veterans’ Af- fairs’’. § 604. Determination of Secretary final The determination as to the person authorized to receive a payment under section 602 of this title is final and is not subject to review by an official of the United States or a court. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 89–718, § 66, Nov. 2, 1966, 80 Stat. 1123.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 604 .......... 37:354. June 21, 1950, ch. 342, § 4, 64 Stat. 250. The words ‘‘or persons’’ are omitted for the reasons stated in the revision note for section 602(a) of this re- vised title. The words ‘‘made by the respective secre- taries, or by their duly designated subordinates’’ and the words ‘‘and conclusive’’ are omitted as surplusage. Editorial Notes AMENDMENTS 1966—Pub. L. 89–718 struck out ‘‘the’’ before ‘‘Sec- retary’’ in section catchline. CHAPTER 13—ALLOTMENTS AND ASSIGNMENTS OF PAY Sec. 701. Members of the Army, Navy, Air Force, Ma- rine Corps, and Space Force; contract sur- geons. [702. Repealed.] 703. Allotments: members of Coast Guard. 704. Allotments: officers of Public Health Service. [705. Repealed.] 706. Allotments: commissioned officers of the Na- tional Oceanic and Atmospheric Adminis- tration. 707. Allotments: members of the National Guard. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title IX, § 925(h)(4), Jan. 1, 2021, 134 Stat. 3828, substituted ‘‘Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons’’ for ‘‘Members of the Army, Navy, Air Force, and Marine Corps; contract surgeons’’ in item 701. 1990—Pub. L. 101–510, div. A, title XIV, § 1484(f)(1), Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in all capital letters. 1985—Pub. L. 99–145, title VI, § 683(a)(3), (b)(2), Nov. 8, 1985, 99 Stat. 665, 666, included reference to the Navy and Marine Corps in item 701, and struck out item 702 ‘‘Allotments: officers of Navy or Marine Corps’’ and item 705 ‘‘Assignments: enlisted members of naval serv- ice’’. 1980—Pub. L. 96–513, title V, § 516(18)(C), Dec. 12, 1980, 94 Stat. 2939, substituted ‘‘Allotments: commissioned officers of the National Oceanic and Atmospheric Ad- ministration’’ for ‘‘Commissioned officers of Environ- mental Science Services Administration’’ in item 706. 1974—Pub. L. 93–289, § 11(c), May 24, 1974, 88 Stat. 173, added item 707. 1966—Pub. L. 89–718, § 49(a)(3), Nov. 2, 1966, 80 Stat. 1121, substituted ‘‘Environmental Science Services Ad- ministration’’ for ‘‘Coast and Geodetic Survey’’ in item 706. § 701. Members of the Army, Navy, Air Force, Ma- rine Corps, and Space Force; contract sur- geons (a) Under regulations prescribed by the Sec- retary of the military department concerned, a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force may trans- fer or assign the officer’s pay account, when due and payable. (b) A contract surgeon, or contract dental sur- geon, of the Army, Navy, or Air Force, on duty in Alaska, Hawaii, the Philippine Islands, or Puerto Rico, may transfer or assign the person’s pay account, when due and payable, under the regulations prescribed under subsection (a). (c) An enlisted member of the Army, Navy, Air Force, Marine Corps, or Space Force may not as- sign the member’s pay, and if the member does so, the assignment is void. (d) Under regulations prescribed by the Sec- retary of Defense, a member of the Army, Navy, Air Force, Marine Corps, or Space Force and a contract surgeon of the Army, Navy, or Air Force may make allotments from the pay of the member or surgeon for the purpose of supporting relatives or for any other purpose that the Sec- retary considers proper. Such allotments may include a maximum of six allotments considered to be discretionary under such regulations. For a member or former member entitled to retired or retainer pay, a maximum of six discretionary allotments authorized during active military service may be continued into retired status, and new discretionary allotments may be au- thorized so long as the total number of discre- tionary allotments does not exceed six. (e) If an allotment made under subsection (d) is paid to the allottee before the disbursing offi- cer receives a notice of discontinuance from the officer required by regulation to furnish the no- tice, the amount of the allotment shall be cred- ited to the disbursing officer. If an allotment is erroneously paid because the officer required by regulation to so report failed to report the death of the allotter or any other fact that makes the allotment not payable, the amount of the pay- ment not recovered from the allottee shall, if practicable, be collected by the Secretary con- cerned from the officer who failed to make the report. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 89–718, § 67, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 99–145, title VI, § 683(a)(1), (2), Nov. 8, 1985, 99 Stat. 665; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–201, div. A, Page 230 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 702 title VI, § 651(a), Sept. 23, 1996, 110 Stat. 2582; Pub. L. 116–283, div. A, title IX, § 925(h)(1)–(3), Jan. 1, 2021, 134 Stat. 3828.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 701(a) ...... 10:3689(a). [None.] 10:8689(a). [None.] 701(b) ...... 10:3689(b) [None.] 10:8689(b). [None.] 701(c) ...... 10:3689(c). [None.] 10:8689(c). [None.] 701(d) ...... 10:3689(d). [None.] 10:8689(d). [None.] Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 925(h)(1), (2)(A), substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Ma- rine Corps’’ and ‘‘the officer’s’’ for ‘‘his’’. Subsec. (b). Pub. L. 116–283, § 925(h)(2)(B), substituted ‘‘the person’s’’ for ‘‘his’’. Subsec. (c). Pub. L. 116–283, § 925(h)(1), (2)(C), sub- stituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’ and ‘‘the member’s pay, and if the member does so’’ for ‘‘his pay, and if he does so’’. Subsec. (d). Pub. L. 116–283, § 925(h)(1), substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 1996—Subsecs. (d), (e). Pub. L. 104–201 added subsecs. (d) and (e) and struck out former subsec. (d) which read as follows: ‘‘The Secretary of the military department concerned, may allow a— ‘‘(1) member of the Army, Navy, Air Force, or Ma- rine Corps; or ‘‘(2) contract surgeon of the Army, Navy, or Air Force; to make allotments from his pay for the support of his relatives, or for any other purpose that the Secretary concerned considers proper. If an allotment made under this subsection is paid to the allottee before the dis- bursing officer receives a notice of discontinuance from the officer required by regulation to furnish the notice, the amount of the allotment shall be credited to the disbursing officer. If an allotment is erroneously paid because the officer required by regulation to so report failed to report the death of the allotter or any other fact that makes the allotment not payable, the amount of the payment not recovered from the allottee shall, if practicable, be collected by the Secretary concerned, from the officer who failed to make the report.’’ 1991—Subsec. (b). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsection (a)’’. 1985—Pub. L. 99–145, § 683(a)(2), inserted reference to Navy and Marine Corps in section catchline. Subsec. (a). Pub. L. 99–145, § 683(a)(1)(A), (C), sub- stituted ‘‘Secretary of the military department con- cerned’’ for ‘‘Secretary of the Army or the Secretary of the Air Force, as the case may be’’ and ‘‘commissioned officer of the Army, Navy, Air Force, or Marine Corps’’ for ‘‘commissioned officer of the Army or the Air Force’’. Subsec. (b). Pub. L. 99–145, § 683(a)(1)(B), inserted ref- erence to Navy. Subsec. (c). Pub. L. 99–145, § 683(a)(1)(A), inserted ref- erence to Navy and Marine Corps. Subsec. (d). Pub. L. 99–145, § 683(a)(1)(C), substituted ‘‘Secretary of the military department concerned’’ for ‘‘Secretary of the Army or the Secretary of the Air Force, as the case may be’’. Subsec. (d)(1). Pub. L. 99–145, § 683(a)(1)(A), inserted reference to Navy and Marine Corps. Subsec. (d)(2). Pub. L. 99–145, § 683(a)(1)(B), inserted reference to Navy. 1966—Subsec. (d). Pub. L. 89–718 substituted ‘‘Sec- retary concerned’’ for ‘‘Chief of Finance (in cases in- volving the Army) or by the Secretary of the Air Force’’ in provision for collection erroneously paid al- lotments. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 104–201, div. A, title VI, § 651(b), Sept. 23, 1996, 110 Stat. 2582, provided that: ‘‘The Secretaries of the military departments shall prescribe regulations under subsection (d) of section 701 of title 37, United States Code, as added by subsection (a), not later than October 1, 1997.’’ [§ 702. Repealed. Pub. L. 99–145, title VI, § 683(b)(1), Nov. 8, 1985, 99 Stat. 665] Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484, au- thorized allotments by officers of Navy and Marine Corps for support of family or relatives, for personal savings, and for other purposes. See section 701 of this title. § 703. Allotments: members of Coast Guard Members of the Coast Guard may, under regu- lations prescribed by the Secretary of Homeland Security, make allotments from their pay and allowances. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 703 .......... 14:464. [None.] The words ‘‘members of the Coast Guard’’ are sub- stituted for the words ‘‘officers and enlisted men’’, since together they compose the entire membership. Editorial Notes AMENDMENTS 2002—Pub. L. 107–296 substituted ‘‘Secretary of Home- land Security’’ for ‘‘Secretary of Transportation’’. 1968—Pub. L. 90–623 substituted ‘‘Secretary of Trans- portation’’ for ‘‘Secretary of the Treasury’’. Statutory Notes and Related Subsidiaries 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 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 an Effec- tive Date of 1968 Amendment note under section 5334 of Title 5, Government Organization and Employees. § 704. Allotments: officers of Public Health Serv- ice Commissioned officers of the Public Health Service who are on active duty may, under regu- lations prescribed by the President, make allot- ments from their pay. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485.)