Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1006(a)

37:310c(a).

Oct. 5, 1949, ch. 600, § 1, 63 Stat. 703.

1006(b)

37:319c(b).

Oct. 5, 1949, ch. 600, § 2; added Aug. 30, 1961, Pub. L. 87–188, § 1, 75 Stat. 416.

1006(c)

37:310c–1.

Oct. 5, 1949, ch. 600, § 2, 63 Stat. 704; redesignated as section 3, Aug. 30, 1961, Pub. L. 87–188, § 2, 75 Stat. 416.

1006(d)

37:310d.

1006(e)

37:310c (less (a) and (b)).

1006(f)

14:465.

[None.]

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”.

Editorial Notes
Amendments

2013—Subsec. (g). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below.

2011—Subsec. (g). Pub. L. 112–81, § 631(f)(4)(A) as amended by Pub. L. 112–239, § 1076(a)(9), substituted “477” for “407” and “475a” for “405a”.

2002—Subsec. (f). Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

1998—Subsec. (e). Pub. L. 105–261 designated existing provisions as par. (1) and added par. (2).

1993—Subsec. (c). Pub. L. 103–160 substituted “the Secretary of Defense” for “the President” in first sentence.

1992—Subsec. (c). Pub. L. 102–484 inserted first four sentences and struck out former first and second sentences which read as follows: “Under regulations prescribed by the Secretary concerned, an advance of pay to a member of a uniformed service who is on duty outside the United States, or other place designated by the President, of not more than two months’ basic pay may be made directly to his previously designated dependents who are ordered evacuated by competent authority. An advance of pay under this subsection is not subject to the conditions under which advances of pay may be made under subsection (a) or (b), and may be made only if all dependents of members of the uniformed services are ordered evacuated from the place where the member’s dependents are located.”

1991—Subsec. (c). Pub. L. 102–25 struck out “of this section” after “subsection (a) or (b)”.

Subsec. (d). Pub. L. 102–25 struck out “of this section” after “subsection (a), (b), or (c)”.

Subsec. (e). Pub. L. 102–25 struck out “of this section” after “subsections (a)–(d)”.

1986—Subsec. (j). Pub. L. 99–661 added subsec. (j).

1985—Subsec. (h). Pub. L. 99–145 substituted “subsections (a) and (b) of section 3324” for “section 3324(a) and (b)”.

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 inserted 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.

Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1992 Amendment

Pub. L. 102–484, div. A, title VI, § 602(b), Oct. 23, 1992, 106 Stat. 2420, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect to evacuations on or after June 1, 1991.”

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title VI, § 602(b), Nov. 14, 1986, 100 Stat. 3874, as amended by Pub. L. 100–26, § 3(2), Apr. 21, 1987, 101 Stat. 273, provided that:

“Subsection (j) of section 1006 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay payable for months beginning after the date of the enactment of this Act [Nov. 14, 1986].”

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 475a of this title.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

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.”