Title 37 — Pay and Allowances of the Uniformed Services
Chapter 11 — Payments to Mentally Incompetent Persons
§ 602. Payments: designation of person to receive amounts due
Statutory text
Active duty pay and allowances, amounts due for accrued or accumulated leave, or retired or retainer pay, that are otherwise payable to a member to whom this chapter applies and who is mentally incapable of managing his affairs, may be paid for that member’s use or benefit to—
a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction;
an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally executed durable power of attorney; or
any person designated by the Secretary concerned, or by any officer to whom he delegates his authority under this section, without the appointment in judicial proceedings of a committee, guardian, or other legal representative.
An individual may not be designated under subsection (a)(3) to receive payments unless a board consisting of at least three qualified medical officers or physicians, one of whom is specially qualified in the treatment of mental disorders, determines that the member is mentally incapable of managing the member’s affairs. Any such board shall be appointed from available medical officers or physicians under his jurisdiction by the head of whichever of the following is providing medical treatment for the member, or by a person designated by that head—
Department of the Army;
Department of the Navy;
Department of the Air Force;
Department of Health and Human Services; or
Department of Veterans Affairs.
If the hospitalization or medical care of the member is not provided by the United States, the board shall be appointed by the Secretary of the department having jurisdiction of the member.
A payment made to a person who is authorized to receive payments under this section discharges the obligation of the United States as to the amount paid.
A person serving in a legal, medical, fiduciary, or other capacity, may not demand or accept a fee, commission, or other charge for any service performed under this chapter, unless a court of competent jurisdiction orders payment of such fee, commission, or other charge.
A person who is designated under subsection (a)(3) to receive payments under this section shall furnish satisfactory assurance that the amounts received by him will be applied to the use and benefit of the incompetent member, and, where the payments may reasonably be expected to be more than $25,000, shall provide a suitable bond to be paid for out of amounts due the incompetent member.
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.
Pub. L. 87–649 · 76 Stat. 451
Enacted · 37 U.S.C. § 602
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 483
Source evidence
Code source credit
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 483Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 516(17) · 94 Stat. 2835
Substituted · 37 U.S.C. § 602(b)(4)
Pub. L. 96–513 substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 96–513 substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.Enacted provision · exact public law section
(17) Section 602(b)(4) is amended by striking out “Department of Health, Education, and Welfare” and inserting in lieu thereof “Department of Health and Human Services”.Effective date note
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.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 div. A title XVI § 1621(b)(1) · 103 Stat. 1352
Substituted · 37 U.S.C. § 602(b)(5)
Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.Enacted provision · exact public law section
(1) Section 602(b)(5) is amended by striking out “Veterans’ Administration” and inserting in lieu thereof “Department of Veterans Affairs”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 645(1) · 130 Stat. 2000
Struck · 37 U.S.C. § 602(a)
Pub. L. 114–328, § 645(1), struck out “, in the opinion of a board of medical officers or physicians,” after “and who”
Substituted · 37 U.S.C. § 602(a)
Pub. L. 114–328, § 645(1), substituted “use or benefit to—
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–328, § 645(1), struck out “, in the opinion of a board of medical officers or physicians,” after “and who” and substituted “use or benefit to—“(1) a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction; “(2) an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally executed durable power of attorney; or “(3) any person designated” for “use or benefit to any person designated”.
Enacted provision · exact public law section
(1) in subsection (a)— (A) by striking “, in the opinion of a board of medical officers or physicians,”; and (B) by striking “use or benefit” and all that follows through “any person designated” and inserting the following: “use or benefit to— “(1) a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction; “(2) an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally executed durable power of attorney; or “(3) any person designated” ;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 645(2) · 130 Stat. 2000
Substituted · 37 U.S.C. § 602(b)
Pub. L. 114–328, § 645(2), in introductory provisions, substituted “An individual may not be designated under subsection (a)(3) to receive payments unless a board consisting” for “The board shall consist”
Inserted · 37 U.S.C. § 602(b)
Pub. L. 114–328, § 645(2), in introductory provisions, inserted “determines that the member is mentally incapable of managing the member’s affairs. Any such board shall be” after “treatment of mental disorders,”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 114–328, § 645(2), in introductory provisions, substituted “An individual may not be designated under subsection (a)(3) to receive payments unless a board consisting” for “The board shall consist” and inserted “determines that the member is mentally incapable of managing the member’s affairs. Any such board shall be” after “treatment of mental disorders,”.Enacted provision · exact public law section
(2) in subsection (b)— (A) by striking “The board shall consist” and inserting “An individual may not be designated under subsection (a)(3) to receive payments unless a board consisting”; and (B) by inserting “determines that the member is mentally incapable of managing the member’s affairs. Any such board shall be” after “treatment of mental disorders,”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 645(3) · 130 Stat. 2000
Substituted · 37 U.S.C. § 602(c)
Pub. L. 114–328, § 645(3), substituted “authorized to receive payments” for “designated”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–328, § 645(3), substituted “authorized to receive payments” for “designated”.Enacted provision · exact public law section
(3) in subsection (c), by striking “designated” and inserting “authorized to receive payments”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 645(4) · 130 Stat. 2000
Inserted · 37 U.S.C. § 602(d)
Pub. L. 114–328, § 645(4), inserted “, unless a court of competent jurisdiction orders payment of such fee, commission, or other charge” before period at end
Source evidence
Code amendment note
Subsec. (d). Pub. L. 114–328, § 645(4), inserted “, unless a court of competent jurisdiction orders payment of such fee, commission, or other charge” before period at end.Enacted provision · exact public law section
(4) in subsection (d), by inserting “, unless a court of competent jurisdiction orders payment of such fee, commission, or other charge” before the period;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 645(5) · 130 Stat. 2000
Redesignated · 37 U.S.C. § 602(e); 37 U.S.C. § 602(f)
Pub. L. 114–328, § 645(5)–(7), redesignated subsec. (f) as (e)
Inserted · 37 U.S.C. § 602(e); 37 U.S.C. § 602(f)
Pub. L. 114–328, § 645(5)–(7), inserted “under subsection (a)(3)” after “who is designated”
Substituted · 37 U.S.C. § 602(e); 37 U.S.C. § 602(f)
Pub. L. 114–328, § 645(5)–(7), substituted “$25,000” for “$1,000”
Struck · 37 U.S.C. § 602(e); 37 U.S.C. § 602(f)
Pub. L. 114–328, § 645(5)–(7), struck out former subsec. (e) which read as follows: “This section does not apply in any case in which a legal committee, guardian, or other representative has been appointed by a court of competent jurisdiction, except as to payments made before the paying agency of the department concerned receives notice of that appointment.”
Source evidence
Code amendment note
Subsecs. (e), (f). Pub. L. 114–328, § 645(5)–(7), redesignated subsec. (f) as (e), inserted “under subsection (a)(3)” after “who is designated” and substituted “$25,000” for “$1,000”, and struck out former subsec. (e) which read as follows: “This section does not apply in any case in which a legal committee, guardian, or other representative has been appointed by a court of competent jurisdiction, except as to payments made before the paying agency of the department concerned receives notice of that appointment.”Enacted provision · exact public law section
(5) by striking subsection (e);
12 of 13 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 602(a) 602(b) | 37:352 (1st sentence, less 31 words before provisos and less provisos).37:352 (last proviso of 1st sentence, 2d sentence, and last sentence). | June 21, 1950, ch. 342, §§ 2, 3 (less 1st 28 words), 64 Stat. 249; Aug. 7, 1959, Pub. L. 86–145, § 1, 73 Stat. 297. |
| 602(c) | 37:352 (31 words before provisos of 1st sentence). | |
| 602(d) | 37:352 (1st proviso of 1st sentence). | |
| 602(e) | 37:352 (2d proviso of 1st sentence). | |
| 602(f) | 37:353 (less 1st 28 words). | |
In subsection (a), the words “or persons” and “or officers” are omitted, since, under section 1 of title 1, “words importing the singular include and apply to several persons, parties, or things”. The words “to whom he delegates his authority under this section” are substituted for the words “as the respective Secretaries may designate for such purposes” to obviate confusion between persons “designated to receive payments and those who perform the Secretary’s functions under the section. The words “the necessity of” are omitted as surplusage.
In subsection (c), the words “or persons” are omitted for the reasons given in the preceding paragraph. The words “discharges the obligation” are substituted for the words “shall constitute a complete discharge”.
In subsection (d), the words “under the authority of” are omitted as surplusage.
In subsection (e), the words “have been” and “including a requirement” are omitted as surplusage. The words “or persons” are omitted for the reason stated in the explanation under subsection (a), above.
Editorial Notes
Amendments1980–2016 · 3 rounds
2016
Subsec. (a). Pub. L. 114–328, § 645(1), struck out “, in the opinion of a board of medical officers or physicians,” after “and who” and substituted “use or benefit to—
“(1) a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction;
“(2) an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally executed durable power of attorney; or
“(3) any person designated”
for “use or benefit to any person designated”.
Subsec. (b). Pub. L. 114–328, § 645(2), in introductory provisions, substituted “An individual may not be designated under subsection (a)(3) to receive payments unless a board consisting” for “The board shall consist” and inserted “determines that the member is mentally incapable of managing the member’s affairs. Any such board shall be” after “treatment of mental disorders,”.
Subsec. (c). Pub. L. 114–328, § 645(3), substituted “authorized to receive payments” for “designated”.
Subsec. (d). Pub. L. 114–328, § 645(4), inserted “, unless a court of competent jurisdiction orders payment of such fee, commission, or other charge” before period at end.
Subsecs. (e), (f). Pub. L. 114–328, § 645(5)–(7), redesignated subsec. (f) as (e), inserted “under subsection (a)(3)” after “who is designated” and substituted “$25,000” for “$1,000”, and struck out former subsec. (e) which read as follows: “This section does not apply in any case in which a legal committee, guardian, or other representative has been appointed by a court of competent jurisdiction, except as to payments made before the paying agency of the department concerned receives notice of that appointment.”
1989
Subsec. (b)(5). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
1980
Subsec. (b)(4). Pub. L. 96–513 substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.