90–623, § 3(1), (9), Oct. 22, 1968, 82 Stat. 1314, 1315; Pub. L. 96-76, title III, § 313(b), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96-215, § 3, Mar. 25, 1980, 94 Stat. 123; Pub. L. 96-343, § 8, Sept. 8, 1980, 94 Stat. 1128; Pub. L. 96-513, title V, § 516(23), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 97-60, title I, § 131(b), Oct. 14, 1981, 95 Stat. 1005; Pub. L. 97-258, § 3(j), Sept. 13, 1982, 96 Stat. 1065.)

HISTORICAL AND REVISION NOTES

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

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 added 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, § 3(1), substituted “a uniformed service" for "an armed force or of the Public Health Service".

Subsec. (b). Pub. L. 96–215, § 3(1), substituted “a uniformed service" for "an armed force or of the Public Health Service".

Subsec. (c). Pub. L. 96-215, § 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, § 3(3), substituted "from his uniformed service" for "from his armed force or from the Public Health Service".

Subsec. (e). Pub. L. 96-215, § 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, § 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, § 3(9), substituted "change of permanent station" for "permanent change of station".

Subsec. (f). Pub. L. 90-623, § 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, § 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, § 1(6)(B), added subsec. (g), relating to advance payment of the dislocation allowance.

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.

FISCAL YEAR OF RECORDATION OF OBLIGATIONS Pub. L. 94-212, title VII, § 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."

§ 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 concerned.

(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. 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.

(c) Under regulations prescribed by the Secretary concerned, an amount that an enlisted member of the Army or the Air Force 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) of this section, 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.

(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.)

1967-Subsec. (b). Pub. L. 90-83 struck out requirement that, in the case of a member of the Army, the report be made to the 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5514; title 10 section 2775.

§ 1008. Presidential recommendations concerning adjustments and changes in pay and allowances

(a) The President shall direct an annual review of the adequacy of the pays and allowances authorized by this title for members of the uniformed services. Upon completion of this review, but not later than March 31 of each year, the President shall submit to Congress a detailed report summarizing the results of such annual review together with any recommendations for adjustments in the rates of pay and allowances authorized by this title.

(b) Whenever the President considers it appropriate, but in no event later than January 1, 1967, and not less than once each four years thereafter, he shall direct a complete review of the principles and concepts of the compensation system for members of the uniformed services. Upon completion of such review he shall submit a detailed report to Congress summarizing the results of such review together with any recommendations he may have proposing changes in the statutory salary system and other elements of the compensation structure provided members of the uniformed services. (Added Pub. L. 89-132, § 2(a), Aug. 21, 1965, 79 Stat. 546.)

EFFECTIVE DATE

Section effective Sept. 1, 1965, see section 10 of Pub. L. 89-132, set out as an Effective Date of 1965 Amendment note under section 203 of this title.

§ 1009. Adjustments of compensation

(a) Whenever the General Schedule of compensation for Federal classified employees as contained in section 5332 of title 5 is adjusted upward, the President shall immediately make an upward adjustment in the—

(1) monthly basic pay authorized members of the uniformed services by section 203(a) of this title;

(2) basic allowance for subsistence authorized enlisted members and officers by section 402 of this title; and

(3) basic allowance for quarters authorized members of the uniformed services by section 403(a) of this title.

(b) An adjustment under this section shall have the force and effect of law and shall

(1) carry the same effective date as that applying to the compensation adjustments provided General Schedule employees;

(2) be based on the rates of the various elements of compensation as defined in, or made under, section 402 or 403 of this title, or this section; and

(3) subject to subsections (c) and (d) of this section, provide all eligible members with an increase in each element of compensation, set forth in subsection (a) of this section, which is of the same percentage as the overall average percentage increase in the General Schedule rates of basic pay for civilian employees.

(c)(1) Whenever the President determines such action to be in the best interest of the Government, he is authorized to allocate the overall average percentage of any increase described in subsection (b)(3) of this section among the elements of compensation specified in subsection (a) of this section on a percentage basis other than an equal percentage basis; however, the amount allocated to the element of monthly basic pay may not be less than 75 percent of the amount that would have been allocated to the element of basic pay under subsection (b)(3) of this section.

(2) Under regulations prescribed by the President, whenever the President exercises his authority under paragraph (1) of this subsection to allocate the elements of compensation specified in subsection (a) of this section on a percentage basis other than an equal percentage basis, he may pay to each member without dependents who, under section 403(b) or (c) of this title is not entitled to receive a basic allowance for quarters, an amount equal to the difference between (1) the amount of such increase under paragraph (1) of this subsection in the amount of the basic allowance for quarters which, but for section 403(b) or (c) of this title, such member would be entitled to receive, and (2) the amount by which such basic allowance for quarters would have been increased under subsection (b)(3) of this section if the President had not exercised such authority.

(d)(1) Subject to paragraph (2) of this subsection, whenever the President determines such action to be in the best interest of the Government, he may allocate the overall percentage

increase in the element of basic pay that would otherwise be effective after any allocation made under subsection (c) of this section among such pay grade and years-of-service categories as he considers appropriate.

(2) In making any allocation of an overall percentage increase in basic pay under paragraph (1) of this subsection

(A) the amount of the increase in basic pay for any given pay grade and years-of-service category after any allocation made under this subsection or under subsection (c) of this section (or under both such subsections) may not be less than 75 percent of the amount of the increase in the element of basic pay that would otherwise have been effective with respect to such pay grade and years-of-service category under subsection (b)(3) of this section; and

(B) the overall percentage increase in the elements of compensation specified in subsection (a) of this section in the case of any member of the uniformed services with four years or less service may not exceed the overall percentage increase in the General Schedule rates of basic pay for civilian employees.

(e) Whenever the President plans to exercise his authority under subsection (c) or (d) of this section with respect to any anticipated increase in the compensation of members of the uniformed services, he shall advise the Congress, at the earliest practicable time prior to the effective date of such increase, regarding the proposed allocation of such increase.

(f) The allocations of increases made under this section shall be assessed in conjunction with the quadrennial review of military compensation required by section 1008(b), of this title and a full report shall be made to the Congress summarizing the objectives and results of those allocations.

(Added Pub. L. 93-419, § 4, Sept. 19, 1974, 88 Stat. 1152, and amended Pub. L. 94-361, title III, § 303, July 14, 1976, 90 Stat. 925; Pub. L. 96-342, title VIII, § 803, Sept. 8, 1980, 94 Stat. 1091; Pub. L. 96-513, title V, § 516(24), Dec. 12, 1980, 94 Stat. 2939.)

REFERENCES IN TEXT

The General Schedule, referred to in subsecs. (b)(3) and (d)(2)(B), is set out under section 5332 of Title 5, Government Organization and Employees.

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-513, § 516(24)(A), struck out ", United States Code," following “5”. Subsec. (b)(2). Pub. L. 96-513, § 516(24)(B), struck out reference to section 8 of the Act of Dec. 16, 1967 (Pub. L. 90-207).

Subsec. (b)(3). Pub. L. 96-513, § 803(1), substituted "subsections (c) and (d) of this section" for "subsection (c)".

Subsec. (c). Pub. L. 96-342, § 803(2), (3), redesignated existing provision as par. (1), and in par. (1) as so redesignated, inserted "of this section" following "subsection (b)(3)" in two places and following “subsection (a)" and substituted "75 percent" for "75 per centum" and redesignated former subsec. (d) as par. (2), and in par. (2) as so redesignated, substituted "under paragraph (1) of this subsection" for "under subsection

(c)" in two places and inserted "of this section" following "subsection (a)", "subsection (c)", and "subsection (b)(3)", respectively, and "of this title" following "section 403(b) or (c)".

Subsec. (d). Pub. L. 96-342, § 803(3), (4), added subsec. (d) and redesignated former subsec. (d) as (c)(2).

Subsec. (e). Pub. L. 96-342, § 803(5), inserted "or (d) of this section" following "subsection (c)" and struck out "among the different elements of compensation" following "allocation of such increase".

Subsec. (f). Pub. L. 96-342, § 803(6), struck out "among the three elements of compensation" following "under this section" and inserted "of this title" following "section 1008(b)".

1976-Subsec. (b)(3). Pub. L. 94-361, § 303(a), inserted introductory phrase "subject to subsection (c),”. Subsecs. (c) to (f). Pub. L. 94-361, § 303(b), added subsecs. (c) to (f).

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

Section 9 of Pub. L. 93-419 provided that: "This Act [enacting this section, amending sections 101, 203, 402, and 403 of this title, and enacting provisions set out as notes under this section] is effective upon enactment [Sept. 19, 1974]."

PAY INCREASE OF 11.7 PERCENT FOR MEMBERS OF THE UNIFORMED SERVICES EFFECTIVE WITH THE FIRST PAY PERIOD Beginning AFTER SEPTEMBER 30, 1980 Section 801 of Pub. L. 96-342 provided that:

"(a) Any adjustment required under the provisions of section 1009 of title 37, United States Code, relating to adjustments in the compensation of members of the uniformed services, which would otherwise first become effective beginning with any pay period in fiscal year 1981 shall not become effective.

"(b)(1) Subject to the provisions of paragraph (2), each element of compensation specified in section 1009(a) of title 37, United States Code, shall be increased for members of the uniformed services by 11.7 percent effective with the first pay period beginning after September 30, 1980.

"(2) The President may allocate the percentage increase specified under paragraph (1) in the same manner and to the same extent the President is authorized under subsections (c) and (d) of section 1009 of title 37, United States Code, as amended by section 803 of this Act, to allocate any percentage increase described in subsection (b)(3) of section 1009 of such title, except that

"(A) the provisions of subsection (d)(2)(B) of such section shall not apply to this subsection or any action of the President under this subsection; and

"(B) the overall average percentage increase in the elements of compensation specified in subsection (a) of such section in the case of any member of the uniformed services with four years or less service may not exceed 11.7 percent."

LIMITS OF UPWARD ADJustment of CoMPENSATION Pub. L. 94-106, title VIII, § 819, Oct. 7, 1975, 89 Stat. 544, provided that:

"(a) Notwithstanding any other provision of law, the aggregate amount of any upward adjustments in certain elements of compensation of members of the uniformed services required by section 1009 of title 37, United States Code, may not exceed 5 per centum during the period from January 1, 1975, through June 30, 1976, except that no such restriction shall apply unless a 5 per centum restriction on the aggregate amount of upward adjustments of the General Schedule of compensation for Federal classified employees

as contained in section 5332 of title 5, United States Code, is also required during that period.

"(b) No reduction in compensation is required under subsection (a) of any upward adjustment that may have been put into effect under section 1009 of title 37, United States Code, between January 1, 1975, and the date of enactment of this section [Oct. 7, 1975].

"(c) Any upward adjustment in compensation which has been limited by subsection (a) of this section to an amount or amounts less than otherwise would have been in effect shall not be increased subsequent to June 30, 1976

"(1) in order to compensate a member for the difference between the amounts he has received under the provisions of subsection (a) and the amounts he would have otherwise received; or

"(2) except in accordance with the normal procedures and timing which would have been in effect for any such pay increase subsequent to June 30, 1976, without regard to any limitation under subsection (a) of this section."

RATES OF MONTHLY BASIC PAY

Section 5 of Pub. L. 93-419 provided that: "Until the effective date of the first upward adjustment in the rates of monthly basic pay for members of the uniformed services made by the President under section 1009 of title 37, United States Code, as added by section 4 of this Act, after the effective date of this Act [Sept. 19, 1974], the rates of monthly basic pay for members of the uniformed services authorized by section 203(a) of that title are those prescribed by Executive Order 11740 of October 3, 1973, which became effective on October 1, 1973."

RATES OF BASIC ALLOWANCE FOR SUBSISTENCE Section 6 of Pub. L. 93-419 provided that: “Until the effective date of the first upward adjustment in the rates of basic allowance for subsistence for enlisted members and officers made by the President under section 1009 of title 37, United States Code, as added by section 4 of this Act, after the effective date of this Act [Sept. 19, 1974], the rates prescribed under section 402 of title 37, United States Code, as it existed on the date before the effective date of this Act, shall continue in effect."

RATES OF BASIC ALLOWANCE FOR QUARTERS Section 7 of Pub. L. 93-419 provided that: “Until the effective date of the first adjustment in the rates of basic allowance for quarters for members of the uniformed services made by the President under section 1009 of title 37, United States Code, as added by section 4 of this Act, after the effective date of this Act [Sept. 19, 1974], the rates of basic allowance for quarters prescribed in section 403(a) of title 37, United States Code, as it existed on the day before the effective date of this Act, shall continue in effect."

ADJUSTMENT OF PAY RATES EFFECTIVE OCTOBER 1, 1981

Pub. L. 97-60, title I, § 101, Oct. 14, 1981, 95 Stat. 989, provided that:

"INCREASE IN BASIC PAY AND ALLOWANCES "SEC. 101. (a) The adjustment required by section 1009 of title 37, United States Code, in certain elements of the compensation of members of the uniformed services to become effective on October 1, 1981, shall not be made, and no adjustment of the compensation of any member of a uniformed service shall be made pursuant to such section for the period beginning on October 1, 1981, and ending on the date of the enactment of this Act [Oct. 14, 1981]. Effective as of October 1, 1981, the rates for each element of