republic-os/legal/us/code/title-37/chapter-13/section-701.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	37 U.S.C. § 701	Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons	us	united_states_code	code_section	37	PAY AND ALLOWANCES OF THE UNIFORMED SERVICES	13	ALLOTMENTS AND ASSIGNMENTS OF PAY	701	37 U.S.C. § 701	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc37@119-100.zip	/us/usc/t37/s701	data/legal/raw/us/code/title-37/usc37.xml	71d07e4444ed2f24c9bfec6ad5d42d51b3928c22bbce46009b6cbdb99cf38aa0	e0a35eb7ef12b7ff3b62c2d230c815f864ad090f207afa5aca869467bb414b1c	f7bb5dad36bc66d1c179fcce4be88ababb93422afc6b6585db653538b7485dc1	2026-07-04	official	legal us-code

37 U.S.C. § 701 - Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons

Text

(a) Under regulations prescribed by the Secretary of the military department concerned, a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force may transfer or assign the officer’s pay account, when due and payable.

(b) A contract surgeon, or contract dental surgeon, 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 assign the member’s pay, and if the member does so, the assignment is void.

(d) Under regulations prescribed by the Secretary 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 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.

(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, 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.)

Notes

Historical and Revision Notes Revised sectionSource (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

Amendments2021—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”. 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), 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”. 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 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.” 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), 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”. Subsec. (b). Pub. L. 99–145, § 683(a)(1)(B), inserted reference to Navy. Subsec. (c). Pub. L. 99–145, § 683(a)(1)(A), inserted reference 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 “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.

Statutory Notes and Related Subsidiaries

RegulationsPub. 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.”