US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 1035

Deposits of savings

(a)
Under joint regulations prescribed by the Secretaries concerned, a member of the armed forces who is on a permanent duty assignment outside the United States or its possessions may deposit during that tour of duty not more than his unallotted current pay and allowances in amounts of $5 or more, with any branch, office, or officer of a uniformed service. Amounts so deposited shall be deposited in the Treasury and kept as a separate fund, and shall be accounted for in the same manner as public funds.
(b)
Interest at a rate prescribed by the President, not to exceed 10 percent a year, will accrue on amounts deposited under this section. However, the maximum amount upon which interest may be paid under this subsection to any member is $10,000, except that such limitation shall not apply to deposits made on or after , in the case of those members in a missing status during the Vietnam conflict, the Persian Gulf conflict, or a contingency operation. Interest under this subsection shall terminate 90 days after the member’s return to the United States or its possessions.
(c)
Except as provided in joint regulations prescribed by the Secretaries concerned, payments of deposits, and interest thereon, may not be made to the member while he is on duty outside the United States or its possessions.
(d)
An amount deposited under this section, with interest thereon, is exempt from liability for the member’s debts, including any indebtedness to the United States or any instrumentality thereof, and is not subject to forfeiture by sentence of a court-martial.
(e)
The Secretary concerned, or his designee, may in the interest of a member who is in a missing status or his dependents, initiate, stop, modify, and change allotments, and authorize a withdrawal of deposits, made under this section, even though the member had an opportunity to deposit amounts under this section and elected not to do so. Interest may be computed from the day the member entered a missing status, or , whichever is later.
(f)
The Secretary of Defense may authorize a member of the armed forces who is on a temporary duty assignment outside of the United States or its possessions in support of a contingency operation to make deposits of unallotted current pay and allowances during that duty as provided in subsection (a). The Secretary shall prescribe regulations establishing standards and procedures for the administration of this subsection.
(g)
In this section:
(1)
section 551(2) of title 37 The term “missing status” has the meaning given that term in .
(2)
The term “Vietnam conflict” means the period beginning on , and ending on .
(3)
The term “Persian Gulf conflict” means the period beginning on , and ending on the date thereafter prescribed by Presidential proclamation or by law.

Aug. 10, 1956, ch. 104170A Stat. 80Pub. L. 89–538, § 1(1)80 Stat. 347Pub. L. 90–122, § 181 Stat. 361Pub. L. 91–20084 Stat. 16Pub. L. 98–525, title XIV, § 1405(20)98 Stat. 2623Pub. L. 99–661, div. A, title XIII, § 1343(a)(3)100 Stat. 3992Pub. L. 102–25, title III, § 310105 Stat. 84Pub. L. 102–190, div. A, title VI, § 639105 Stat. 1384(, ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1035(a)

10:908(a) (less words after last semicolon).

34:937 (less words after last semicolon).

July 15, 1954, ch. 513, §§ 1–3, 68 Stat. 485.

1035(b)

10:908b (1st 20, and last 13, words).

 

34:938 (1st 20, and last 13, words).

1035(c)

10:908a (words after last semicolon).

 

10:908b (less 1st 20, and last 13, words).

 

34:937 (words after last semicolon).

 

34:938 (less 1st 20, and last 13, words).

1035(d)

10:908c.

 

34:939.

In subsection (a), the words “in amounts of $5 or more” are substituted for the words “in sums not less than $5”. 10:908a (words before 1st semicolon of last sentence) and 34:937 (words before 1st semicolon of last sentence) are omitted as covered by subsection (c).

In subsection (b), the word “accrues” is substituted for the words “shall be paid”.

In subsection (c), the words “not less than $5” are omitted as surplusage.

Editorial Notes

Amendments

Pub. L. 102–190, § 639(a)1991—Subsec. (b). , substituted “, the Persian Gulf conflict, or a contingency operation” for “or during the Persian Gulf conflict” before period at end of second sentence and struck out at end “For purposes of this subsection, the Vietnam conflict begins on , and ends on , and the Persian Gulf conflict begins on , and ends on the date thereafter prescribed by Presidential proclamation or by law.”

Pub. L. 102–25, § 310(a)section 551(2) of title 37, (c)(1), struck out “, as defined in ,” after “missing status”, inserted “or during the Persian Gulf conflict” before period at end of second sentence, and substituted “, and the Persian Gulf conflict begins on , and ends on the date thereafter prescribed by Presidential proclamation or by law” for “the date designated by the President by Executive order as the date of the termination of combatant activities in Vietnam”.

Pub. L. 102–25, § 310(c)(2)section 551(2) of title 37Subsec. (e). , struck out “(as defined in )” after “in a missing status”.

Pub. L. 102–190, § 639(b)Subsec. (f). , added subsec. (f) and redesignated former subsec. (f) as (g).

Pub. L. 102–25, § 310(b), added subsec. (f).

Pub. L. 102–190, § 639(b)(1)section 551(2) of title 37Subsec. (g). , (c), redesignated subsec. (f) as (g) and amended it generally. Prior to amendment, subsec. (g) read as follows: “In this section, the term ‘missing status’ has the meaning given such term in .”

Pub. L. 99–6611986—Subsec. (a). substituted “armed forces” for “armed force”.

Pub. L. 98–5251984—Subsec. (b). substituted “percent” for “per centum”, “subsection” for “Act” after “paid under this”, and “90” for “ninety”.

Pub. L. 91–200section 551(2) of Title 371970—Subsec. (b). permitted accrual of interest on savings above $10,000 ceiling in case of soldiers involved in Vietnam conflicts who have made deposits on or after , and who are in missing status contemplated by , and set out duration of Vietnam conflict as starting , and ending on the date that the President may designate by Executive order.

Pub. L. 90–1221967—Subsec. (e). added subsec. (e).

Pub. L. 89–5381966—Subsec. (a). permitted not only enlisted personnel but any member of the armed forces, provided he is on permanent duty outside the United States, to participate in the savings program organized under this section and changed the fund into which such savings deposits are made.

Pub. L. 89–538Subsec. (b). changed rate of interest from 4 per centum per annum to a rate prescribed by the President, not to exceed 10 per centum per annum, did away with the necessity that amounts be on deposit for six months or more, set a maximum of $10,000 upon which interest shall be paid, and provided for termination of interest 90 days after the member’s return to the United States or its possessions.

Pub. L. 89–538Subsec. (c). substituted provisions that, unless changed by joint regulations of the Secretaries concerned, payments of deposits and interest may not be made to the individual while stationed outside of the United States, for provisions that payment of deposits and interest could be made only to the member upon discharge, or before discharge as prescribed by the Secretary concerned, or to the member’s heirs or legal representatives.

Pub. L. 89–538Subsec. (d). reenacted subsec. (d) substantially without change.

Statutory Notes and Related Subsidiaries

Effective Date of 1967 Amendment

Pub. L. 90–122, § 281 Stat. 361

“This Act [amending this section] becomes effective as of .”
, , , provided that:

Savings Program for Overseas Personnel

Pub. L. 101–510, div. A, title XI, § 1114104 Stat. 1636Pub. L. 102–25, title III, § 314(1)105 Stat. 86, , , as amended by , (3), , , directed the Secretary of Defense to prescribe regulations establishing standards and procedures for the administration of a program to authorize members of the Armed Forces serving outside the United States during the Persian Gulf conflict to make deposits of unallotted current pay and allowances and to earn interest under this section.

Adjustment of Deposit Accounts of Certain Enlisted Men

Pub. L. 89–73880 Stat. 1165

section 1035 of title 10“That the Secretary of a military department or his designee, shall adjust the deposit account of any enlisted member or former enlisted member of the Army, Navy, Air Force, or Marine Corps, as the case may be, who, after , and before the effective date of this Act [], upon discharge and immediate reenlistment or retirement and immediate recall to active duty, continued, without withdrawal and redeposit, his account for deposits made under , United States Code, or prior laws authorizing enlisted members’ deposits, to show that his deposits and interest accrued thereon were withdrawn and redeposited on the date of such reenlistment or recall to active duty.
“Sec. 2.
section 2771 of Title 10 The Secretary of the military department concerned, or his designee, shall pay to a former enlisted member described in section 1 of this Act any amount found due as a result of the adjustment prescribed by that section if he submits an application within two years following the date of enactment of this Act []. If the member is currently serving on active duty and has an active deposit account, the amount due him will automatically be credited to such account. In the case of a deceased member, application under this section shall be made within two years following the date of enactment of this Act [] by the person determined to be eligible under , United States Code.
“Sec. 3.
All payments heretofore made which would, but for the fact of such payment, be payable under this Act are validated. However, if such a payment has been repaid to the United States, the fact of payment shall not affect entitlement under this Act.”
, , , provided:

Rates of Interest on Deposits Made Before Aug. 14, 1966

Pub. L. 89–538, § 280 Stat. 347

“(a)
section 1035 of title 10 Notwithstanding the first section of this Act [amending this section], an amount on deposit under , United States Code, on the date of enactment of this Act [], shall accrue interest at the rate and under the conditions in effect on the day before the date of enactment of this Act [], until the member’s current enlistment terminates or earlier, as may be jointly prescribed by the Secretaries concerned. However, a member who is on a permanent duty assignment outside the United States or its possessions on the date of enactment of this Act [], or who reports for that duty on or after that date but before the termination of his current enlistment, will be entitled to interest on such deposit, on and after that date, at the rate and under the conditions prescribed pursuant to section 1 [amending this section]. Payments of deposits, and interest thereon, may be made to the member’s heirs or legal representatives.
“(b)
Any amounts deposited between , and the date of enactment of this Act [] while a member was assigned to permanent duty within the United States and its possessions, and any amounts deposited between , and the date of enactment of this Act [] by a member on permanent duty assignment outside the United States and its possessions which are in excess of his unallotted pay and allowances for that period, shall accrue interest at the rate in effect before enactment of this Act.”
, , , provided that:

Extension of Coverage to Public Health Service and Coast and Geodetic Survey Personnel; Rules and Regulations

Pub. L. 89–538, § 3(c)80 Stat. 348

section 1035 of title 10“Regulations prescribed by the Secretary of Commerce and the Secretary of Health, Education, and Welfare [now Health and Human Services] under subsections (a) and (b) [extending savings deposits benefits to commissioned officers of the Public Health Service and the Coast and Geodetic Survey (now the National Oceanic and Atmospheric Administration), respectively] shall be prescribed jointly with regulations prescribed by the Secretaries concerned under , United States Code.”
, , , provided that:

Public Health Service

section 213a of Title 42Authority vested by this section in “the Secretary concerned” to be exercised with respect to commissioned officers of the Public Health Service, by the Secretary of Health and Human Services or his designee, see , The Public Health and Welfare.

National Oceanic and Atmospheric Administration

section 3071 of Title 33Authority vested by this chapter in “the Secretary concerned” to be exercised, with respect to commissioned officer corps of the National Oceanic and Atmospheric Administration, by Secretary of Commerce or Secretary’s designee, see , Navigation and Navigable Waters.

Executive Documents

Ex. Ord. No. 11298. Interest Rate

Ex. Ord. No. 11298, , 31 F.R. 10915, provided:

Section 1035 of Title 10By virtue of the authority vested in me by of the United States Code, as amended by the Act of , I hereby prescribe that amounts deposited by members of the uniformed services under that Section shall accrue interest at the rate of ten percent per annum, compounded quarterly.

This order shall be effective .

Lyndon B. Johnson.