§ 9837. Settlement of accounts: remission or cancellation of indebtedness of members

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 594 · 70A Stat. 594

   Enacted · 10 U.S.C. § 9837

   Aug. 10, 1956, ch. 1041, 70A Stat. 594

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 594

2. 1958

   Pub. L. 85–861 § 33(a)(45)(A) · 72 Stat. 1437

   Substituted · 10 U.S.C. § 9837(b)

   Pub. L. 85–861, § 33(a)(45)(A), substituted “his pay for that month” for “his basic pay for that month”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 85–861, § 33(a)(45)(A), substituted “his pay for that month” for “his basic pay for that month”.

   Enacted provision · exact public law section
   (A) by striking out the word “basic” in subsection (b); and

3. 1958

   Pub. L. 85–861 § 33(a)(45)(B) · 72 Stat. 1437

   Substituted · 10 U.S.C. § 9837(f)

   Pub. L. 85–861, § 33(a)(45)(B), substituted “an officer” for “a commissioned officer” in two places

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 85–861, § 33(a)(45)(B), substituted “an officer” for “a commissioned officer” in two places.

   Enacted provision · exact public law section
   (B) by striking out the words “a commissioned” wherever they appear in subsection (f) and by inserting the word “an” in place thereof.

4. 1962

   Pub. L. 87–649 § 14c(58) · 76 Stat. 451

   Repealed · 10 U.S.C. § 9837

   Pub. L. 87–649 repealed subsecs. (a) to (c) and (e) to (g) which related to deductions from pay. See subsecs. (b) to (g) of section 1007 of Title 37, Pay and Allowances of the Uniformed Services

   Source evidence

   Code amendment note
   Pub. L. 87–649 repealed subsecs. (a) to (c) and (e) to (g) which related to deductions from pay. See subsecs. (b) to (g) of section 1007 of Title 37, Pay and Allowances of the Uniformed Services.

5. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title V § 514(22)(A) · 94 Stat. 2835

   1. Substituted · 10 U.S.C. § 9837

      Pub. L. 96–513 substituted “remission or cancellation of indebtedness of enlisted members” for “deductions from pay” in section catchline

   2. Struck · 10 U.S.C. § 9837

      Pub. L. 96–513 struck out designation “(d)” before “If he”

   Source evidence

   Code amendment note
   Pub. L. 96–513 substituted “remission or cancellation of indebtedness of enlisted members” for “deductions from pay” in section catchline, and struck out designation “(d)” before “If he”.

   Enacted provision · exact public law section
   (A) Section 9837 is amended by striking out “(d)”.

6. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title VI § 683(c)(1) · 119 Stat. 3136

   Amended · 10 U.S.C. § 9837

   Pub. L. 109–163 amended section catchline and text generally. Prior to amendment, text read as follows: “If he considers it in the best interest of the United States, the Secretary may have remitted or cancelled any part of an enlisted member’s indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member’s honorable discharge.”

   Source evidence

   Code amendment note
   Pub. L. 109–163 amended section catchline and text generally. Prior to amendment, text read as follows: “If he considers it in the best interest of the United States, the Secretary may have remitted or cancelled any part of an enlisted member’s indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member’s honorable discharge.”

   Enacted provision · exact public law section
   (1) Authority.— Section 9837 of title 10, United States Code, is amended to read as follows: “§ 9837. Settlement of accounts: remission or cancellation of indebtedness of members “(a) In General.— If the Secretary considers it to be in the best interest of the United States, the Secretary may have remitted or cancelled any part of the indebtedness of a member of the Air Force on active duty, or a member of a reserve component of the Air Force in an active status, to the United States or any instrumentality of the United States incurred while the member was serving on active duty. “(b) Period of Exercise of Authority.— The Secretary may exercise the authority in subsection (a) with respect to a member— “(1) while the member is on active duty or in active status, as the case may be; “(2) if discharged from the armed forces under honorable conditions, during the one-year period beginning on the date of such discharge; or “(3) if released from active status in a reserve component, during the one-year period beginning on the date of such release. “(c) Retroactive Applicability to Certain Debts.— The authority in subsection (a) may be exercised with respect to any debt covered by that subsection that is incurred on or after October 7, 2001. “(d) Regulations.— This section shall be administered under regulations prescribed by the Secretary of Defense.” .

7. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 673(e)(3) · 120 Stat. 2083

   1. Substituted · 10 U.S.C. § 9837(a)

      Pub. L. 109–364, § 673(e)(3), substituted “The Secretary of the Air Force” for “If the Secretary considers it to be in the best interest of the United States, the Secretary”

   2. Inserted · 10 U.S.C. § 9837(a)

      Pub. L. 109–364, § 673(e)(3), inserted before period at end “, but only if the Secretary considers such action to be in the best interest of the United States”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–364, § 673(e)(3), substituted “The Secretary of the Air Force” for “If the Secretary considers it to be in the best interest of the United States, the Secretary” and inserted before period at end “, but only if the Secretary considers such action to be in the best interest of the United States”.

   Enacted provision · exact public law section
   (3) Secretary of the air force.— Subsection (a) of section 9837 of such title, as amended by subsection (c)(1), is further amended— (A) by striking “If the” and all that follows through “States, the Secretary” and inserting “The Secretary of the Air Force”; and (B) by inserting before the period at the end “, but only if the Secretary considers such action to be in the best interest of the United States”.

8. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 673(c)(1) · 120 Stat. 2083

   1. Amended · 10 U.S.C. § 9837(a)

      Pub. L. 109–364, § 673(c)(1), as amended by Pub. L. 110–181

   2. Substituted · 10 U.S.C. § 9837(a)

      Pub. L. 109–364, § 673(c)(1), as substituted “of a person to the United States or any instrumentality of the United States incurred while the person was serving on active duty as a member of the Air Force” for “of a member of the Air Force on active duty, or a member of a reserve component of the Air Force in an active status, to the United States or any instrumentality of the United States incurred while the member was serving on active duty”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–364, § 673(c)(1), as amended by Pub. L. 110–181, substituted “of a person to the United States or any instrumentality of the United States incurred while the person was serving on active duty as a member of the Air Force” for “of a member of the Air Force on active duty, or a member of a reserve component of the Air Force in an active status, to the United States or any instrumentality of the United States incurred while the member was serving on active duty”.

   Enacted provision · exact public law section
   (1) Coverage of all members and former members.— Subsection (a) of section 9837 of title 10, United States Code, is amended by striking “of a member” and all that follows through “on active duty” and inserting “of a person to the United States or any instrumentality of the United States incurred while the person was serving on active duty as a member of the Air Force”.

9. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 673(c)(2) · 120 Stat. 2083

   1. Redesignated · 10 U.S.C. § 9837(b)(d)

      Pub. L. 109–364, § 673(c)(2), redesignated subsecs. (c) and (d) as (b) and (c), respectively

   2. Struck · 10 U.S.C. § 9837(b)(d)

      Pub. L. 109–364, § 673(c)(2), struck out heading and text of former subsec. (b). Text read as follows: “The Secretary may exercise the authority in subsection (a) with respect to a member—

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 109–364, § 673(c)(2), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out heading and text of former subsec. (b). Text read as follows: “The Secretary may exercise the authority in subsection (a) with respect to a member—

   “(1) while the member is on active duty or in active status, as the case may be; “(2) if discharged from the armed forces under honorable conditions, during the one-year period beginning on the date of such discharge; or “(3) if released from active status in a reserve component, during the one-year period beginning on the date of such release.”

   Enacted provision · exact public law section
   (2) Repeal of limitation on time for exercise of authority.— Such section is further amended— (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

10. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title X § 1063(c)(7)(C) · 122 Stat. 3

    Changed · 10 U.S.C. § 9837(a)

    Pub. L. 110–181 made technical correction to directory language of Pub. L. 109–364, § 673(c)(1). See 2006 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–181 made technical correction to directory language of Pub. L. 109–364, § 673(c)(1). See 2006 Amendment note below.

    Enacted provision · exact public law section
    (C) in subsection (c)(1), by inserting “the second place it appears” before “and inserting”.

11. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title VI § 671(b)(3) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 9837(a)

    Pub. L. 114–328 substituted “as a member of the Air Force, whether as a regular or a reserve in active status” for “on active duty as a member of the Air Force”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–328 substituted “as a member of the Air Force, whether as a regular or a reserve in active status” for “on active duty as a member of the Air Force”.

    Enacted provision · exact public law section
    (3) Air force.— Section 9837(a) of such title is amended by striking “on active duty as a member of the Air Force” and inserting “as a member of the Air Force, whether as a regular or a reserve in active status”.

    Effective date note
    Amendment by Pub. L. 114–328 effective Dec. 23, 2016, and applicable with respect to debt incurred on or after Oct. 7, 2001, see section 671(b)(5) of Pub. L. 114–328, set out as a note under section 4837 of this title.

12. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 923(e)(22) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 9837(a)

    Pub. L. 116–283 inserted “or the Space Force” after “member of the Air Force”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283 inserted “or the Space Force” after “member of the Air Force”.

    Enacted provision · exact public law section
    (22) Settlement of accounts: remission or cancellation of indebtedness of members.— Section 9837(a) of such title is amended by inserting “or the Space Force” after “member of the Air Force”.

14 of 16 references resolved to an enrolled provision · 2 partial