§ 701. Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons

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. 1962

   Pub. L. 87–649 · 76 Stat. 451

   Enacted · 37 U.S.C. § 701

   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484

   Source evidence

   Code source credit
   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484

2. 1966

   Pub. L. 89–718 § 67 · 80 Stat. 1113

   Substituted · 37 U.S.C. § 701(d)

   Pub. L. 89–718 substituted “Secretary concerned” for “Chief of Finance (in cases involving the Army) or by the Secretary of the Air Force” in provision for collection erroneously paid allotments

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 89–718 substituted “Secretary concerned” for “Chief of Finance (in cases involving the Army) or by the Secretary of the Air Force” in provision for collection erroneously paid allotments.

   Enacted provision · exact public law section
   Sec. 67. Section 701 (d) of title 37, United States Code, is amended by striking out “Chief of Finance (in cases involving the Army) or by the Secretary of the Air Force.” and inserting in place thereof “Secretary concerned”.

3. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 683(a)(2) · 99 Stat. 583

   Inserted · 37 U.S.C. § 701

   Pub. L. 99–145, § 683(a)(2), inserted reference to Navy and Marine Corps in section catchline

   Source evidence

   Code amendment note
   Pub. L. 99–145, § 683(a)(2), inserted reference to Navy and Marine Corps in section catchline.

   Enacted provision · exact public law section
   (2) The heading of such section is amended to read as follows: “§ 701. Members of the Army, Navy, Air Force, and Marine Corps; contract surgeons”.

4. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 683(a)(1)(A) · 99 Stat. 583

   1. Substituted · 37 U.S.C. § 701(a)

      Pub. L. 99–145, § 683(a)(1)(A), (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”

   2. Substituted · 37 U.S.C. § 701(a)

      Pub. L. 99–145, § 683(a)(1)(A), (C), substituted “commissioned officer of the Army, Navy, Air Force, or Marine Corps” for “commissioned officer of the Army or the Air Force”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–145, § 683(a)(1)(A), (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” and “commissioned officer of the Army, Navy, Air Force, or Marine Corps” for “commissioned officer of the Army or the Air Force”.

   Enacted provision · exact public law section
   (A) by striking out “of the Army or the Air Force” in subsections (a), (c), and (d)(1) and inserting in lieu thereof “of the Army, Navy, Air Force, or Marine Corps”;

5. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 683(a)(1)(B) · 99 Stat. 583

   Inserted · 37 U.S.C. § 701(b)

   Pub. L. 99–145, § 683(a)(1)(B), inserted reference to Navy

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–145, § 683(a)(1)(B), inserted reference to Navy.

   Enacted provision · exact public law section
   (B) by striking out “of the Army or the Air Force” in subsections (b) and (d)(2) and inserting in lieu thereof “of the Army, Navy, or Air Force”; and

6. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 683(a)(1)(A) · 99 Stat. 583

   Inserted · 37 U.S.C. § 701(c)

   Pub. L. 99–145, § 683(a)(1)(A), inserted reference to Navy and Marine Corps

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–145, § 683(a)(1)(A), inserted reference to Navy and Marine Corps.

   Enacted provision · exact public law section
   (A) by striking out “of the Army or the Air Force” in subsections (a), (c), and (d)(1) and inserting in lieu thereof “of the Army, Navy, Air Force, or Marine Corps”;

7. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 683(a)(1)(C) · 99 Stat. 583

   Substituted · 37 U.S.C. § 701(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (C) by striking out “Secretary of the Army or the Secretary of the Air Force, as the case may be” in subsections (a) and (d) and inserting in lieu thereof “Secretary of the military department concerned”.

8. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 683(a)(1)(A) · 99 Stat. 583

   Inserted · 37 U.S.C. § 701(d)(1)

   Pub. L. 99–145, § 683(a)(1)(A), inserted reference to Navy and Marine Corps

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 99–145, § 683(a)(1)(A), inserted reference to Navy and Marine Corps.

   Enacted provision · exact public law section
   (A) by striking out “of the Army or the Air Force” in subsections (a), (c), and (d)(1) and inserting in lieu thereof “of the Army, Navy, Air Force, or Marine Corps”;

9. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 683(a)(1)(B) · 99 Stat. 583

   Inserted · 37 U.S.C. § 701(d)(2)

   Pub. L. 99–145, § 683(a)(1)(B), inserted reference to Navy

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 99–145, § 683(a)(1)(B), inserted reference to Navy.

   Enacted provision · exact public law section
   (B) by striking out “of the Army or the Air Force” in subsections (b) and (d)(2) and inserting in lieu thereof “of the Army, Navy, or Air Force”; and

10. 1991

    Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

    Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

    Struck · 37 U.S.C. § 701(b)

    Pub. L. 102–25 struck out “of this section” after “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.

    Enacted provision · exact public law section
    (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

11. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title VI § 651(a) · 110 Stat. 2422

    1. Added · 37 U.S.C. § 701(d); 37 U.S.C. § 701(e)

       Pub. L. 104–201 added subsecs. (d) and (e)

    2. Struck · 37 U.S.C. § 701(d); 37 U.S.C. § 701(e)

       Pub. L. 104–201 struck out former subsec. (d) which read as follows: “The Secretary of the military department concerned, may allow a—

    Source evidence

    Code amendment note
    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 Marine 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 disbursing 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.”

    Enacted provision · exact public law section
    (a) Allotments Authorized.— Section 701 of title 37, United States Code, is amended by striking out subsection (d) and inserting in lieu thereof the following new subsections: “(d) Regulations. Under regulations prescribed by the Secretary of Defense, a member of the Army, Navy, Air Force, or Marine Corps 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 Secretary 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 authorized so long as the total number of discretionary allotments does not exceed six. “(e) If an allotment made under subsection (d) is paid to the allottee before the disbursing 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.”.

12. 2021

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

    Pub. L. 116–283 § 925(h)(1) · 134 Stat. 3388

    1. Substituted · 37 U.S.C. § 701(a)

       Pub. L. 116–283, § 925(h)(1), (2)(A), substituted “Marine Corps, or Space Force” for “or Marine Corps”

    2. Substituted · 37 U.S.C. § 701(a)

       Pub. L. 116–283, § 925(h)(1), (2)(A), substituted “the officer’s” for “his”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 925(h)(1), (2)(A), substituted “Marine Corps, or Space Force” for “or Marine Corps” and “the officer’s” for “his”.

    Enacted provision · exact public law section
    (1) In general.— Subsections (a), (c), and (d) of section 701 of title 37, United States Code, are each amended by striking “or Marine Corps” and inserting “Marine Corps, or Space Force”.

13. 2021

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

    Pub. L. 116–283 § 925(h)(2)(B) · 134 Stat. 3388

    Substituted · 37 U.S.C. § 701(b)

    Pub. L. 116–283, § 925(h)(2)(B), substituted “the person’s” for “his”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–283, § 925(h)(2)(B), substituted “the person’s” for “his”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking “his” and inserting “the person’s”; and

14. 2021

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

    Pub. L. 116–283 § 925(h)(1) · 134 Stat. 3388

    1. Substituted · 37 U.S.C. § 701(c)

       Pub. L. 116–283, § 925(h)(1), (2)(C), substituted “Marine Corps, or Space Force” for “or Marine Corps”

    2. Substituted · 37 U.S.C. § 701(c)

       Pub. L. 116–283, § 925(h)(1), (2)(C), substituted “the member’s pay, and if the member does so” for “his pay, and if he does so”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 925(h)(1), (2)(C), substituted “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”.

    Enacted provision · exact public law section
    (1) In general.— Subsections (a), (c), and (d) of section 701 of title 37, United States Code, are each amended by striking “or Marine Corps” and inserting “Marine Corps, or Space Force”.

15. 2021

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

    Pub. L. 116–283 § 925(h)(1) · 134 Stat. 3388

    Substituted · 37 U.S.C. § 701(d)

    Pub. L. 116–283, § 925(h)(1), substituted “Marine Corps, or Space Force” for “or Marine Corps”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–283, § 925(h)(1), substituted “Marine Corps, or Space Force” for “or Marine Corps”.

    Enacted provision · exact public law section
    (1) In general.— Subsections (a), (c), and (d) of section 701 of title 37, United States Code, are each amended by striking “or Marine Corps” and inserting “Marine Corps, or Space Force”.

18 of 19 references resolved to an enrolled provision · 1 partial