[USC04] PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
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TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

This title was enacted by Pub. L. 87–649, §1, Sept. 7, 1962, 76 Stat. 451

Chap.
Sec.
1.
Definitions
101
3.
Basic Pay
201
5.
Special and Incentive Pays
301
7.
Allowances Other Than Travel and Transportation Allowances
401
8.
Travel and Transportation Allowances
451
9.
Leave
501
10.
Payments to Missing Persons
551
11.
Payments to Mentally Incompetent Persons
601
13.
Allotments and Assignments of Pay
701
15.
Prohibitions and Penalties
801
17.
Miscellaneous Rights and Benefits
901
19.
Administration
1001

        

Amendments

2013Pub. L. 112–239, div. A, title X, §1076(a)(7), Jan. 2, 2013, 126 Stat. 1948, made technical amendment to directory language of Pub. L. 112–81, §631(f)(2). See 2011 Amendment note below.

2011Pub. L. 112–81, div. A, title VI, §631(f)(2), Dec. 31, 2011, 125 Stat. 1464, as amended by Pub. L. 112–239, div. A, title X, §1076(a)(7), Jan. 2, 2013, 126 Stat. 1948, substituted "Allowances Other Than Travel and Transportation Allowances" for "Allowances" in item for chapter 7 and added item for chapter 8.

1966Pub. L. 89–554, §5(a), Sept. 6, 1966, 80 Stat. 625, added item for chapter 10.

Table Showing Disposition of All Sections of Former Title 37
Title 37

Former Sections

Title 37

New Sections

1–3 Rep.
3a Elim.
4–4b Rep.
4c T. 10 §§3682, 8682
4c–1 T. 10 §6116
5–8a Rep.
9, 9a Rep.
10, 10a Rep.
11–13a Rep.
14, 14a Rep.
15–16a Rep.
17, 17a Rep.
18, 18a Rep.
19, 19a Rep.
20, 20a Rep.
21, 21a Rep.
22–26a Rep.
27–29b Rep.
30, 31 Rep.
31a (less proviso of (b)) T. 10 §§701–704
31a(b) (proviso) 501
32(b), (d), (e), (g), (h) 501
32(c) Rep.
32(f) 101, 502; T. 10 §§702–704
32 (less (b)–(e), (g), (h)) 101
33(a) Rep.
33(b) 502, 503
33(c), (d) 501
33(e) T. 10 §704
33a–37 Rep.
38 504; T. 10 §702
39 501–503. Rep. in part. See T. 33 §857a
101–101b Rep.
102–103b Rep.
104–111 Rep.
111a 403
111b Elim.
112 Rep.
112a Elim.
112b Rep.
112c T. 10 §7477
112d–112i Rep.
113, 114 Rep.
115 Elim.
115a to 117a–1 Rep.
117b, 118 Rep.
118a Elim.
118a-1 301
118b–120 Rep.
201–208a Rep.
209–221 Rep.
231(g) 401, 420
231 (less (g)) 101
232(a) 203
232(c) (last sent.) T. 10 §517
232(d) 204
232 (less (a), last sent. of (c), (d)) 201
233 (less proviso of (d)) 205
233(d) (proviso) Elim.
234 302, 303
234a Rep.
234b Elim.
235 301
235a 901
236 304
237 305
238 Elim.
239 308
240 307
241 306
242 Rep.
243 902
244 Rep.
251, 251a 402
252(a)–(f) 403
252 (less (a)–(f)) Rep. See T. 50 App. §§2201–2204
253(a) 404
253(b) 405
253(c) 406, 407, 409, 411
253(d) 404
253(e) 410
253(f)–(h) 411
253a Rep.
254 414
255 415–417
256 415
256a 419
257 414
271 T. 10 §§1204, 1362; T. 33 §857a; T. 42 §213a
272(a), (b) T. 10 §§1201–1203; T. 33 §857a; T. 42 §213a
272(c) T. 10 §§1204–1206; T. 33 §857a; T. 42 §213a
272(d) T. 10 §§1210, 1372, 1373, 1401, 1402; T. 33 §857a; T. 42 §213a
272(e) T. 10 §§1210, 1401; T. 33 §857a; T. 42 §213a
272(f) T. 10 §§1201, 1204, 1210; T. 33 §857a; T. 42 §213a
272(g) T. 10 §1209; T. 33 §857a; T. 42 §213a
272(h) T. 10 §1403; T. 33 §857a; T. 42 §213a
272(i) T. 10 §1215; T. 33 §  857a; T. 42 §213a
273 T. 10 §1212; T. 33 §857a; T. 42 §213a
274 T. 10 §1210; T. 33 §857a; T. 42 §213a
275–277 T. 10 §1211; T. 33 §857a; T. 42 §213a
278 T. 10 §1207; T. 33 §857a; T. 42 §213a
279 T. 10 §§1372, 1373; T. 33 §857a; T. 42 §213a
280 T. 10 §1213; T. 33 §857a; T. 42 §213a
281 Rep.
282 T. 10 §1208. Rep. in part. See T. 10 §1208 nt.; T. 42 §212(g)
283 T. 10 §1214, 1216; T. 33 §857a; T. 42 §213a
284 T. 10 §1216; T. 33 §857a; T. 42 §213a
285 Rep.
301(a) 206, 402
301(b) 206, 1002
301(c) 309
301(d) 301
301(e) 206, 301, 309, 402, 1002
301(f) Rep.
302 T. 33 §853o–1
303 423
304 201, 421
305 418
306 T. 10 §6153; T. 14 §510
307 Elim.
308 201, 422
308a 204
309 1003
310 1004
310a Rep.
310b 1005
310c, 310c–1 1006
310d 1006
311 Elim. See T. 10 §568 nt.
312 Rep.
313 Elim.
314 903
315 Rep.
316 T. 10 §1402; T. 33 §857a; T. 42 §213a
317 Elim.
318, 319 Rep.
320 403
321 Rep.
321a Elim.
322, 322a Rep.
323 801
324 1001
351 601
352 602
353 602, 603
354 604
361–363 T. 10 §2771; T. 32 §714; T. 33 §857a; T. 42 §213a
364, 365 T. 10 §2771; T. 32 §714; T. 33 §857a; T. 42 §213a. Rep. in part. See T. 10 §2771 nt.
371(e), (f) T. 10 §1435; T. 33 §857a; T. 42 §213a
371 (less (e), (f)) T. 10 §1431; T. 33 §857a; T. 42 §213a
372(a) T. 10 §§1431, 1432; T. 33 §857a; T. 42 §213a
372(b) T. 10 §1431; T. 33 §857a; T. 42 §213a
372 (less (a), (b)) T. 10 §1433; T. 33 §857a; T. 42 §213a
372a–372c Rep.
373(c) T. 10 §1436; T. 33 §857a; T. 42 §213a
373(d) T. 10 §1439; T. 33 §857a; T. 42 §213a
373 (less (c), (d)) T. 10 §1434; T. 33 §857a; T. 42 §213a
374 T. 10 §1438; T. 33 §857a; T. 42 §213a
375 T. 10 §1444; T. 33 §857a; T. 42 §213a
376 T. 10 §1442; T. 33 §857a; T. 42 §213a
377 T. 10 §§1443, 1444; T. 33 §857a; T. 42 §213a
378 T. 10 §1440; T. 33 §857a; T. 42 §213a
379 T. 10 §1437; T. 33 §857a; T. 42 §213a
380 T. 10 §1441; T. 33 §857a; T. 42 §213a
381 Rep.
401 T. 10 §1071
402(a) T. 10 §§1072, 1074, 1076, 1079
402 (less (a)) T. 10 §1073
403(a), (b) T. 10 §1076
403(c)–(e) T. 10 §1078
403 (less (a)–(e)) T. 10 §1077
404 T. 10 §1084
405 Rep.
411(c) T. 10 §1080
411 (less (c)) T. 10 §1079
412 T. 10 §1081
413 T. 10 §1082
414 T. 10 §1079
421(c) T. 10 §1076
421(d) T. 10 §1085
421 (less (c), (d)) T. 10 §1074
422 T. 10 §1075
423 T. 10 §1083

Enacting Clause

Pub. L. 87–649, §1, Sept. 7, 1962, 76 Stat. 451, provided in part: "That the laws relating to pay and allowances of the uniformed services of the United States are revised, codified, and enacted as title 37 of the United States Code, entitled 'Pay and Allowances of the Uniformed Services'."

Effective Date

Pub. L. 87–649, §15, Sept. 7, 1962, 76 Stat. 502, provided in part that: "This Act shall take effect on November 1, 1962."

Inconsistent Provisions

Pub. L. 87–649, §15, Sept. 7, 1962, 76 Stat. 502, provided in part that: "Laws enacted after January 9, 1962, that are inconsistent with this Act shall supersede it to the extent of the inconsistency."

Savings and Severability Provisions

Pub. L. 87–649, §12, Sept. 7, 1962, 76 Stat. 497, provided that:

"(a) In sections 1–11 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act [Nov. 1, 1962]. However, laws effective after January 9, 1962, that are inconsistent with this Act, shall be considered as superseding it to the extent of the inconsistency.

"(b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1–11 of this Act.

"(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 1–11 of this Act.

"(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

"(e) The enactment of this Act does not increase or decrease the pay or allowances, including retired or retainer pay, of any person."

Restatement of Suspended or Temporarily Superseded Provisions

Pub. L. 87–649, §13, Sept. 7, 1962, 76 Stat. 498, provided that: "If on the effective date of this Act [Nov. 1, 1962], a provision of law that is restated in this Act and repealed by section 14 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status."

Repeals

Pub. L. 87–649, §14, Sept. 7, 1962, 76 Stat. 498, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large covering provisions codified in this title, "except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act [Nov. 1, 1962] and except as provided in section 12."

CHAPTER 1—DEFINITIONS

Sec.
101.
Definitions.

        

Amendments

1990Pub. L. 101–510, div. A, title XIV, §1484(f)(1), Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in all capital letters.

§101. Definitions

In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title:

(1)(A) The term "United States", in a geographic sense, means the States and the District of Columbia.

(B) The term "continental United States" means the 48 contiguous States and the District of Columbia.

(2) The term "possessions" includes Guam, American Samoa, and the guano islands.

(3) The term "uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.

(4) The term "armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

(5) The term "Secretary concerned" means—

(A) the Secretary of the Army, with respect to matters concerning the Army;

(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;

(C) the Secretary of the Air Force, with respect to matters concerning the Air Force;

(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy;

(E) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and

(F) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service.


(6) The term "National Guard" means the Army National Guard and the Air National Guard.

(7) The term "Army National Guard" means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that—

(A) is a land force;

(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;

(C) is organized, armed, and equipped wholly or partly at Federal expense; and

(D) is federally recognized.


(8) The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.

(9) The term "Air National Guard" means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that—

(A) is an air force;

(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;

(C) is organized, armed, and equipped wholly or partly at Federal expense; and

(D) is federally recognized.


(10) The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard.

(11) The term "officer" means commissioned or warrant officer.

(12) The term "commissioned officer" includes a commissioned warrant officer.

(13) The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.

(14) The term "enlisted member" means a person in an enlisted grade.

(15) The term "grade" means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation.

(16) The term "rank" means the order of precedence among members of the uniformed services.

(17) The term "rating" means the name (such as "boatswain's mate") prescribed for members of a uniformed service in an occupational field; "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).

(18) The term "active duty" means full-time duty in the active service of a uniformed service, and includes full-time training duty, annual training duty, full-time National Guard duty, and attendance, while in the active service, at a school designated as a service school by law or by the Secretary concerned.

(19) The term "active duty for a period of more than 30 days" means active duty under a call or order that does not specify a period of 30 days or less.

(20) The term "active service" means service on active duty.

(21) The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.

(22) The term "inactive-duty training" means—

(A) duty prescribed for members of a reserve component by the Secretary concerned under section 206 of this title or any other law; and

(B) special additional duties authorized for members of a reserve component by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned;


and includes those duties when performed by members of a reserve component in their status as members of the National Guard, but (except as provided in section 206(d)(2) of this title) does not include work or study in connection with a correspondence course of a uniformed service.

(23) The term "member" means a person appointed or enlisted in, or conscripted into, a uniformed service.

(24) The term "reserve component" means—

(A) the Army National Guard of the United States;

(B) the Army Reserve;

(C) the Navy Reserve;

(D) the Marine Corps Reserve;

(E) the Air National Guard of the United States;

(F) the Air Force Reserve;

(G) the Coast Guard Reserve; or

(H) the Reserve Corps of the Public Health Service.


(25) The term "regular compensation" or "regular military compensation (RMC)" means the total of the following elements that a member of a uniformed service accrues or receives, directly or indirectly, in cash or in kind every payday: basic pay, basic allowance for housing, basic allowance for subsistence; and Federal tax advantage accruing to the aforementioned allowances because they are not subject to Federal income tax.

(26) The term "contingency operation" has the meaning given that term in section 101 of title 10.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 451; Pub. L. 89–718, §49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90–623, §3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92–492, §3, Oct. 13, 1972, 86 Stat. 810; Pub. L. 93–419, §1, Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96–513, title V, §§506(1), 516(1), Dec. 12, 1980, 94 Stat. 2918, 2937; Pub. L. 96–579, §11, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 96–600, §3(b), Dec. 24, 1980, 94 Stat. 3494; Pub. L. 98–525, title IV, §414(c), Oct. 19, 1984, 98 Stat. 2520; Pub. L. 100–26, §8(e)(1), Apr. 21, 1987, 101 Stat. 286; Pub. L. 100–456, div. A, title XII, §1233(f)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 102–190, div. A, title VI, §631(b), Dec. 5, 1991, 105 Stat. 1380; Pub. L. 102–484, div. A, title X, §1051(b)(2), Oct. 23, 1992, 106 Stat. 2498; Pub. L. 103–160, div. A, title XI, §1182(c)(1), Nov. 30, 1993, 107 Stat. 1772; Pub. L. 105–85, div. A, title VI, §603(d)(1)(A), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 105–261, div. A, title VI, §651, Oct. 17, 1998, 112 Stat. 2051; Pub. L. 107–107, div. A, title VI, §603(b), Dec. 28, 2001, 115 Stat. 1133; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, §654(a), Dec. 2, 2002, 116 Stat. 2581; Pub. L. 109–163, div. A, title V, §515(d)(1)(A), Jan. 6, 2006, 119 Stat. 3235.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
101(1)

101(2)

101(3)

101(4)

[No source.]

[No source.]

37:231(a), (j).

37:32(a).

37:231(k).

Aug. 9, 1946, ch. 931, §2 (less (b), (c), (d), (e), (f) (less last 8 words), (g), and (h)), 60 Stat. 963.
101(5) 37:32(f) (less last 8 words).

37:231(f).

Oct. 12, 1949, ch. 681, §102 (less (g)), 63 Stat. 804.
101(6) [No source.]
101(7) [No source.]
101(8) [No source.]
101(9) [No source.]
101(10) [No source.]
101(11) 37:231(c).
101(12) 37:231(d).
101(13) 37:231(e), (h).
101(14) [No source.]
101(15) [No source.]
101(16) [No source.]
101(17) [No source.]
101(18) [No source.]
101(19) [No source.]
101(20) [No source.]
101(21) [No source.]
101(22) 37:231(i).
101(23) 37:231(b).
101(24) [No source.]

The definitions in clauses (1) and (2), (6)–(10), (14)–(21), and (24) reflect the adoption of terminology which, though undefined in the source statutes restated in this revised title, represent the closest practicable approximation of the ways in which the terms defined have been most commonly used, and so far as possible are identical to those used in title 10, United States Code, containing most of the basic law relating to the armed forces.

In clause (3), the words "and all Regular and Reserve components thereof", in section 231(a) of existing title 37, are omitted as surplusage. Section 231(j) of existing title 37 is omitted as covered by section 1 of title 1.

In clause (4), that part of section 32(a) of existing title 37 relating other than to the enumeration of the armed forces is omitted as unnecessary. Section 231(k) of existing title 37 is omitted, since throughout the revised title references to members of the Army or Air Force without specification of component are specifically included when necessary.

In clause (11), the words "flight officer" are omitted as obsolete. Section 231(c) (last sentence) of existing title 37 is omitted as unnecessary.

In clause (12), the definition of commissioned officer is broadened and restated to conform to the definition in section 101(15) of title 10. Corresponding changes are made throughout the revised title to correspond to the definition.

Clause (13), which is identical to section 101(16) of title 10, is substituted for section 231(e) of existing title 37. The words "flight officer" are omitted as obsolete. Section 231(h) of existing title 37 is omitted, since the defined term is not used in the revised title.

Clause (22) is substituted for section 231(i) of existing title 37.

In clause (23), section 231(b) (less 1st sentence) of existing title 37 is omitted as executed by the express coverage of members of the Fleet Reserve and Fleet Marine Corps Reserve.

References in Text

For definition of Canal Zone, referred to in pars. (7) and (9), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Amendments

2006—Par. (24)(C). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

2002—Par. (1). Pub. L. 107–314 designated existing provisions as subpar. (A) and added subpar. (B).

Par. (5)(D). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

2001—Par. (22). Pub. L. 107–107 inserted "(except as provided in section 206(d)(2) of this title)" after "but" in concluding provisions.

1998—Par. (2). Pub. L. 105–261 struck out "the Canal Zone," after "includes".

1997—Par. (25). Pub. L. 105–85 substituted "basic allowance for housing" for "basic allowance for quarters (including any variable housing allowance or station housing allowance)".

1993—Par. (26). Pub. L. 103–160 made technical amendment to directory language of Pub. L. 102–484. See 1992 Amendment note below.

1992—Par. (26). Pub. L. 102–484, as amended by Pub. L. 103–160, substituted "section 101 of title 10" for "section 101(47) of title 10".

1991—Par. (26). Pub. L. 102–190 added par. (26).

1988—Par. (5). Pub. L. 100–456 substituted "Secretary" for "secretary" in introductory provisions.

1987—Pub. L. 100–26, §8(e)(1)(A), substituted "the following definitions apply in this title:" for "for the purposes of this title—".

Pub. L. 100–26, §8(e)(1)(B), inserted "The term" at beginning of pars. (1) to (25).

Pub. L. 100–26, §8(e)(1)(C), which directed that this section be amended by revising first word after open quotation marks in each paragraph (other than par. (1) and (6) through (10)) so that initial letter of such word is lowercase, was executed to par. (5) only because specified words in other pars. began with lowercase letters.

Pub. L. 100–26, §8(e)(1)(D), (E), which directed a period be substituted for the semicolon at end of pars. (1) to (24) and that "and" be struck out at end of par. (24), was executed by making the substitution in pars. (1) to (23) and by striking "and" at end of par. (23), to reflect the probable intent of Congress, because par. (24) already ended in a period and "and" appeared at end of par. (23), not par. (24).

1984—Cl. (18). Pub. L. 98–525 inserted "full-time National Guard duty," after "annual training duty,".

1980—Cls. (3), (5)(E). Pub. L. 96–513, §516(1)(A), substituted "National Oceanic and Atmospheric" for "Environmental Science Services".

Cl. (5)(F). Pub. L. 96–513, §516(1)(B), substituted "Health and Human Services" for "Health, Education, and Welfare".

Cls. (7), (9). Pub. L. 96–600 inserted references to Guam.

Cl. (18). Pub. L. 96–513, §506(1), struck out "duty on the active list," after "and includes".

Cl. (25). Pub. L. 96–579 defined "regular compensation" or "regular military compensation (RMC)" to include with respect to basic allowance for quarters any variable housing allowance or station housing allowance.

1974—Cl. (25). Pub. L. 93–419 added cl. (25).

1972—Cls. (7), (9). Pub. L. 92–492 inserted references to Virgin Islands.

1968—Cl. (5)(D). Pub. L. 90–623 substituted "Secretary of Transportation" for "Secretary of the Treasury".

1966—Cls. (3), (5)(E). Pub. L. 89–718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey".

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 1997 Amendment

Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.

Effective Date of 1980 Amendment

Amendment by sections 506(1), 516(1) of Pub. L. 96–513 effective Sept. 15, 1981, and Dec. 12, 1980, respectively, see section 701(a), (b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–419 effective Sept. 19, 1974, see section 9 of Pub. L. 93–419, set out as an Effective Date note under section 1009 of this title.

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.

Short Title of 1981 Amendment

Pub. L. 97–60, §1, Oct. 14, 1981, 95 Stat. 989, provided: "That this Act [enacting sections 308f, 315, 404a, 411c, 411d, and 411e of this title and sections 4341a and 9341a of Title 10, Armed Forces, amending sections 203, 301, 301a, 301b, 301c, 304, 305a, 308, 308a, 312b, 404, 405a, 406, 407, 411, 411b, 415, and 1006 of this title, sections 2107, 2634, 4342, 5031, 5153, 6011, 6953, 6954, 6956, 7572, and 9342 of Title 10, and section 3809 of Title 50, War and National Defense, enacting provisions set out as notes under sections 203, 301, 301a, 308, 312, 404, 404a, and 1009 of this title and sections 4341a, 6011, and 7572 of Title 10, and amending a provision set out as a note under section 7572 of Title 10] may be cited as the 'Uniformed Services Pay Act of 1981'."

Short Title of 1980 Amendments

Pub. L. 96–579, §1, Dec. 23, 1980, 94 Stat. 3359, provided that: "This Act [enacting sections 301c and 314 of this title and section 705 of Title 10, Armed Forces, amending this section, sections 209, 301, 305a, 308, 312, 312b, 312c, and 403 of this title, sections 520, 701, 867, 4355, 6968, and 9355 of Title 10, and section 308(9), (10) of Pub. L. 95–521, title III, Oct. 26, 1978, 92 Stat. 1861, set out in the Appendix to Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 301c, 305a, 312, 312b, 312c, 314, and 403 of this title and sections 705 and 867 of Title 10] may be cited as the 'Military Pay and Allowances Benefits Act of 1980'."

Pub. L. 96–343, §1, Sept. 8, 1980, 94 Stat. 1123, provided that: "This Act [enacting section 5142a of Title 10, Armed Forces, amending sections 203, 301, 301a, 305a, 403, 404, 411, 907, and 1006 of this title and sections 1201, 1203, 3914, 3925, 3962, 5142, 5703, 5787c, 5787d, 8072, 8914, 8925, and 8962 of Title 10, enacting provisions set out as notes under sections 301, 305a, 402, 403, 404, and 907 of this title and sections 3914 and 3962 of Title 10, and amending provisions set out as notes under sections 5707 and 8202 of Title 10] may be cited as the 'Military Personnel and Compensation Amendments of 1980'."

Pub. L. 96–284, §1, June 28, 1980, 94 Stat. 587, provided that: "This Act [enacting sections 302c and 303a of this title, amending sections 302 to 302b, 303, 306, 311, and 313 of this title, and enacting and repealing provisions set out as notes under section 302 of this title] may be cited as the 'Uniformed Services Health Professionals Special Pay Act of 1980'."

Short Title of 1976 Amendment

Pub. L. 94–356, §1, July 12, 1976, 90 Stat. 901, provided: "That this Act [enacting sections 312b and 312c of this title, amending section 312 of this title, and enacting provisions set out as notes under sections 301 and 312 of this title] may be cited as the 'Nuclear Career Incentive Act of 1975'."

Short Title of 1974 Amendments

Pub. L. 93–294, §1, May 31, 1974, 88 Stat. 177, provided: "That this Act [amending section 301 of this title, enacting section 301a of this title, and enacting provisions set out as notes under section 301a of this title] may be cited as the 'Aviation Career Incentive Act of 1974'."

Pub. L. 93–277, §1, May 10, 1974, 88 Stat. 119, provided: "That this Act [amending sections 308 and 308a of this title and enacting provisions set out as notes under section 308 of this title] may be cited as the 'Armed Forces Enlisted Personnel Bonus Revision Act of 1974'."

Short Title of 1963 Amendment

Pub. L. 88–132, §1, Oct. 2, 1963, 77 Stat. 210, provided: "That this Act [enacting sections 310 and 427 of this title and section 1401a of Title 10, Armed Forces, amending sections 201, 203, 301, 302, 305, 403, and 421 of this title, sections 1401, 1402, 3991, 6151, 6323, 6325 to 6327, 6381, 6383, 6390, 6394, 6396, 6398 to 6400, 6483, and 8991 of Title 10, section 423 of Title 14, Coast Guard, section 857a of Title 33, Navigation and Navigable Waters, and section 213a of Title 42, The Public Health and Welfare, repealing section 6149 of Title 10 and sections 2351 to 2356 of the former Appendix to Title 50, War and National Defense, and enacting provisions set out as notes under sections 201, 203, and 305 of this title, section 1402 of Title 10, and section 411 (now 1311) of Title 38, Veterans' Benefits] may be cited as the 'Uniformed Services Pay Act of 1963'."

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.

CHAPTER 3—BASIC PAY

Sec.
201.
Pay grades: assignment to; general rules.
202.
Pay grades: retired Coast Guard rear admirals (lower half).
203.
Rates.
204.
Entitlement.
205.
Computation: service creditable.
206.
Reserves; members of National Guard: inactive-duty training.
207.
Band leaders.
[208.
Repealed.]
209.
Members of precommissioning programs.
210.
Pay of senior enlisted members during terminal leave and while hospitalized.
211.
Participation in Thrift Savings Plan.
212.
Advancement of basic pay: members deployed in combat zone for more than one year.

        

Amendments

2004Pub. L. 108–375, div. A, title VI, §606(b), Oct. 28, 2004, 118 Stat. 1946, added item 212.

1999Pub. L. 106–65, div. A, title VI, §661(a)(1)(B), Oct. 5, 1999, 113 Stat. 670, added item 211.

1996Pub. L. 104–201, div. A, title VI, §603(b)(2), Sept. 23, 1996, 110 Stat. 2540, substituted "Pay of senior enlisted members during terminal leave and while hospitalized" for "Pay of the senior noncommissioned officer of an armed force during terminal leave" in item 210.

1991Pub. L. 102–190, div. A, title VI, §606(b), Dec. 5, 1991, 105 Stat. 1375, added item 210.

1990Pub. L. 101–510, div. A, title XIV, §1484(f)(1), Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in all capital letters.

1985Pub. L. 99–145, title V, §514(d)(2)(C), Nov. 8, 1985, 99 Stat. 629, substituted "Pay grades: retired Coast Guard rear admirals (lower half)" for "Pay grade: retired Coast Guard commodores" in item 202.

1984Pub. L. 98–557, §25(b)(2)(B), Oct. 30, 1984, 98 Stat. 2872, substituted "Pay grade: retired Coast Guard commodores" for "Pay grades; commodores, retired list" in item 202.

1983Pub. L. 97–417, §3(b), Jan. 4, 1983, 96 Stat. 2087, substituted "Pay grades; commodores, retired list" for "Pay grades: assignment to; rear admirals (upper half) of the Coast Guard" in item 202.

1980Pub. L. 96–513, title V, §506(2), Dec. 12, 1980, 94 Stat. 2918, substituted "rear admirals (upper half) of the Coast Guard" for "rear admirals of upper half; officers holding certain positions in the Navy" in item 202.

1977Pub. L. 95–79, title III, §302(a)(3)(C), July 30, 1977, 91 Stat. 326, substituted "precommissioning programs" for "Senior Reserve Officers' Training Corps" in item 209.

1970Pub. L. 91–482, §2F, Oct. 21, 1970, 84 Stat. 1082, struck out item 208 "Furlough pay: officers of Regular Navy or Regular Marine Corps".

1964Pub. L. 88–647, title II, §202(5), Oct. 13, 1964, 78 Stat. 1071, substituted "Senior Reserve Officers' Training Corps" for "naval officer candidate programs" in item 209.

§201. Pay grades: assignment to; general rules

(a) For the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades:

 
Pay gradeArmy, Air Force, and Marine CorpsNavy, Coast Guard, and

National Oceanic and Atmospheric Administration

Public Health Service
O–10 General Admiral Assistant Secretary for Health.
O–9 Lieutenant general Vice admiral Surgeon General.
O–8 Major general Rear admiral Deputy Surgeon General.

Assistant Surgeon General having rank of major general.

O–7 Brigadier general Rear admiral (lower half) Assistant Surgeon General having rank of brigadier general.
O–6 Colonel Captain Director grade.
O–5 Lieutenant colonel Commander Senior grade.
O–4 Major Lieutenant commander Full grade.
O–3 Captain Lieutenant Senior assistant grade.
O–2 1st lieutenant Lieutenant (junior grade) Assistant grade.
O–1 2d lieutenant Ensign Junior assistant grade.

(b) For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades:

 
Pay Grade:Warrant Officer Grade:
W–5  Chief Warrant Officer, W–5.
W–4  Chief Warrant Officer, W–4.
W–3  Chief Warrant Officer, W–3.
W–2  Chief Warrant Officer, W–2.
W–1  Warrant Officer, W–1.

(c) Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E–4.

(d) Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E–5.

(e) Except as provided by subsections (c) and (d), enlisted members of the uniformed services shall, for the purpose of computing their basic pay, be distributed by the Secretary concerned in the various enlisted pay grades set forth in section 203 of this title. However, except as provided by section 307 of this title, an enlisted member may not be placed in pay grade E–8 or E–9 until he has completed at least 8 years or 10 years, respectively, of enlisted service computed under section 205 of this title.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 453; Pub. L. 88–132, §3(a), Oct. 2, 1963, 77 Stat. 212; Pub. L. 89–718, §49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 91–278, §3(1), June 12, 1970, 84 Stat. 306; Pub. L. 95–79, title III, §302(a)(1), July 30, 1977, 91 Stat. 326; Pub. L. 96–76, title III, §313(a), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96–513, title V, §§506(3), 516(2), Dec. 12, 1980, 94 Stat. 2918, 2937; Pub. L. 97–86, title IV, §405(c), Dec. 1, 1981, 95 Stat. 1106; Pub. L. 98–94, title IX, §932(d), Sept. 24, 1983, 97 Stat. 650; Pub. L. 98–557, §25(b)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, §514(d)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–502, §5(k)(2), Nov. 3, 1990, 104 Stat. 1289; Pub. L. 102–25, title VII, §701(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, §605, title XI, §1111(b), Dec. 5, 1991, 105 Stat. 1374, 1491; Pub. L. 109–163, div. A, title V, §515(d)(1)(B), Jan. 6, 2006, 119 Stat. 3236.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
201(a) 37:232(b). Oct. 12, 1949, ch. 681, §201(b); restated May 20, 1958, Pub. L. 85–422, §1(2), 72 Stat. 124.
201(b) 37:304 (as applicable to basic pay). Oct. 12, 1949, ch. 681, §504 (as applicable to basic pay), 63 Stat. 827.
201(c) 37:308 (as applicable to pay). Oct. 12, 1949, ch. 681, §508 (as applicable to pay), 63 Stat. 828; May 19, 1952, ch. 310, §1(e), 66 Stat. 80; Mar. 31, 1955, ch. 20, §2(14), 69 Stat. 22.
201(d) 10:555(a) (as applicable to pay grades). [None.]
201(e) 37:232(e). Oct. 12, 1949, ch. 681, §201(e); added Mar. 31, 1955, ch. 20, §2(3), 69 Stat. 19.
201(f) 10:6915(f).

14:758a(f).

[None.]

[None.]

201(g) 37:232(c) (less last sentence). Oct. 12, 1949, ch. 681, §201(c) (less last sentence), 63 Stat. 807; redesignated as "(c)" by Mar. 31, 1955, ch. 20, §2(2), 69 Stat. 19; May 20, 1958, Pub. L. 85–422, §1(3) (first sentence), 72 Stat. 124.

In subsection (a), the words "whether under temporary or permanent appointment" are omitted as surplusage. The words "the following pay grades" are substituted for the words "the various pay grades prescribed for commissioned officers by subsection (a) of this section, as follows". The words "(other than a commissioned warrant officer)" are inserted to conform to the definition of "warrant officer" in section 101(13) of this revised title.

In subsection (b), the words "with two or less years of service computed under section 205 of this title" are substituted for the word "minimum".

In subsections (c) and (e), the words "with two or less years of service computed under section 205 of this title" are substituted for the words "with under two cumulative years' service" and "with under two cumulative years of service", in sections 308 and 232(e), respectively, of existing title 37.

In subsection (e), the words "enlisted or appointed under the Army Aviation Cadet Act, as amended, or under the Naval Aviation Cadet Act of 1942, as amended" are omitted as obsolete and surplusage. Both of the cited acts were repealed by section 53 of the Act of August 10, 1956, ch. 1041 (70A Stat. 641), and replaced by various sections of title 10. Further reference is surplusage, however, since aviation cadets are not appointed or enlisted under any provision of law other than the sections of title 10 embodying the former Army Aviation Cadet Act and the Naval Aviation Cadet Act of 1942. The word "basic" is inserted for clarity, since the word "pay" as defined in section 101(21) of this revised title includes special and incentive pays. Incentive pay for aviation cadets is provided in section 301(b) of this revised title.

In subsection (f), the words "While on active duty", in section 6915(f) of title 10 and section 758a(f) of title 14, are omitted as covered by section 204 of this title which prescribes the conditions under which members of the uniformed services are entitled to basic pay. The words "Unless he is entitled to the basic pay of a higher pay grade" are substituted for the words "or that of his grade, whichever is greater" in section 6915(f) of title 10 and section 758a(f) of title 14.

In subsection (g), the words "Except as provided by subsections (e) and (f)" are inserted to reflect those subsections relating to enlisted aviation cadets or aviation pilots.

Amendments

2006—Subsec. (d). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

1991—Subsec. (b). Pub. L. 102–190, §1111(b), amended table generally, adding provisions relating to Chief Warrant Officer at grade W–5.

Subsec. (c). Pub. L. 102–190, §605, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "An aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the rate of 50 percent of the basic pay of a commissioned officer in pay grade O–1 with two or less years of service computed under section 205 of this title."

Subsec. (e). Pub. L. 102–25 struck out "of this section" after "subsections (c) and (d)".

1990—Subsec. (a). Pub. L. 101–502 inserted "Assistant Secretary for Health" in fourth column of table in pay grade O–10.

1985—Subsec. (a). Pub. L. 99–145 substituted "Rear admiral (lower half)" for "Commodore" in third column of table in pay grade O–7.

1984—Subsec. (a). Pub. L. 98–557 substituted "Rear admiral" for "Rear admiral (Navy) and Rear admiral (upper half)(Coast Guard and National Oceanic and Atmospheric Administration)" in third column of table in pay grade O–8, and in pay grade O–7 substituted "Commodore" for "Commodore (Navy) and Rear admiral (lower half) and commodore (Coast Guard and National Oceanic and Atmospheric Administration".

1983—Subsecs. (b) to (f). Pub. L. 98–94 struck out subsec. (b) which related to basic pay for contract surgeons, redesignated subsecs. (c) to (f) as (b) to (e), respectively, and in subsec. (e), as so redesignated, substituted "subsections (c) and (d)" for "subsections (d) and (e)".

1981—Subsec. (a). Pub. L. 97–86 substituted "Commodore" for "Commodore admiral" in third column of table in pay grade O–7.

1980—Subsec. (a). Pub. L. 96–513, §506(3), substituted in heading of third column of table "National Oceanic and Atmospheric Administration" for "Environmental Science Services Administration" and in third column "Rear admiral (Navy) and Rear admiral (upper half) (Coast Guard and National Oceanic and Atmospheric Administration)" for "Rear admiral (upper half)" and "Commodore admiral (Navy) and Rear admiral (lower half) and commodore (Coast Guard and National Oceanic and Atmospheric Administration)" for "Rear admiral (lower half) and commodore".

Subsec. (f). Pub. L. 96–513, §516(2), substituted "subsection (d)" for "subsection (f)".

1979—Subsec. (a). Pub. L. 96–76 transferred the Surgeon General from pay grade O–8 to pay grade O–9 in fourth column of table.

1977—Subsecs. (c) to (g). Pub. L. 95–79 struck out subsec. (c) which related to the monthly rate of pay of cadets and midshipmen at the service academies, and redesignated subsecs. (d) to (g) as (c) to (f), respectively.

1970—Subsec. (e). Pub. L. 91–278 entitled aviation cadets of Coast Guard to basic pay rate.

1966—Subsec. (a). Pub. L. 89–718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey" in heading of third column of table.

1963—Subsec. (b). Pub. L. 88–132 substituted "O–3 with over four, but not more than six," for "O–2 with two or less".

Effective Date of 1991 Amendment

Amendment by section 1111(b) of Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces.

Effective Date of 1990 Amendment

Pub. L. 101–502, §5(k)(3), Nov. 3, 1990, 104 Stat. 1289, provided that: "The amendments made by paragraphs (1) and (2) [amending this section and section 207 of Title 42, The Public Health and Welfare] shall take effect on the first day of the month immediately following the month in which this Act was enacted [November 1990]."

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–94 effective Oct. 1, 1983, see section 932(f) of Pub. L. 98–94, set out as an Effective Date note under section 1091 of Title 10, Armed Forces.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1980 Amendment

Amendment by sections 506(3), 516(2) of Pub. L. 96–513 effective Sept. 15, 1981, and Dec. 12, 1980, respectively, see section 701(a), (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 Welfare.

Effective Date of 1963 Amendment

Pub. L. 88–132, §14, Oct. 2, 1963, 77 Stat. 218, provided that: "This Act [see Short Title of 1963 Amendment note set out under section 101 of this title] becomes effective on October 1, 1963."

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.

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.

§202. Pay grades: retired Coast Guard rear admirals (lower half)

An officer of the Coast Guard holding a permanent appointment in the grade of rear admiral (lower half) on the retired list, and who in time of war or national emergency has served satisfactorily on active duty for two years in that grade or in a higher grade, is entitled when on active duty to the basic pay of a rear admiral.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 454; Pub. L. 89–718, §50, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90–130, §3(1), Nov. 8, 1967, 81 Stat. 383; Pub. L. 90–179, §7, Dec. 8, 1967, 81 Stat. 548; Pub. L. 90–623, §3(2), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92–451, §2, Oct. 2, 1972, 86 Stat. 757; Pub. L. 96–342, title X, §1004(a), Sept. 8, 1980, 94 Stat. 1120; Pub. L. 96–513, title IV, §401, Dec. 12, 1980, 94 Stat. 2904; Pub. L. 97–417, §3(a), Jan. 4, 1983, 96 Stat. 2087; Pub. L. 98–557, §25(b)(2)(A), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, §514(d)(2)(A), (B), Nov. 8, 1985, 99 Stat. 629.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
202(a) 10:5507(a). [None.]
202(b) 10:5507(b). [None.]
202(c) 10:5507(c). [None.]
202(d) 10:5507(d). [None.]
  14:462a (less applicability to retired pay). [None.]
202(e) 10:5507(e). [None.]
202(f) 14:462. [None.]
202(g) 10:5133(a) (last 13 words of last sentence). [None.]
202(h) 10:5064(b) (the words, "pay, allowances,"). [None.]
  10:5111(b) (the words "pay, allowances, and"). [None.]
  10:5133(a) (last 20 words of 1st sentence). [None.]
  10:5138(b) (the words "pay, allowances, and"). [None.]
  10:5142 (last sentence). [None.]
  10:5145(c) (last 12 words). [None.]
  10:5148(b) (the words "pay, allowances,"). [None.]
  10:5150(c) (the words, "pay, allowances,"). [None.]
202(i) 10:5064(c) (last sentence). [None.]
  10:5134. [None.]
  10:5149(a) (last sentence). [None.]
  10:5150(d) (last sentence). [None.]
  10:5202(a) (last sentence). [None.]
202(j) 10:5062. [None.]

In subsections (a)–(j), the words "and allowances" are omitted as surplusage, since, under chapter 7 of this revised title, entitlement to allowances is based upon entitlement to basic pay.

In subsection (f), the words "provided by law", "this or any other", and "for any reason" are omitted as surplusage.

In subsection (g), the words "Judge Advocate General of the Navy" are inserted to reflect section 5148 of title 10.

In subsection (i), the last 12 words of section 5145(c) of title 10 are omitted as covered by section 5134 of title 10.

Amendments

1985—Pub. L. 99–145 substituted "Pay grades: retired Coast Guard rear admirals (lower half)" for "Pay grade: retired Coast Guard commodores" in section catchline, and substituted "rear admiral (lower half)" for "commodore" in text.

1984—Pub. L. 98–557 substituted "Pay grade: retired Coast Guard commodores" for "Pay grades: commodores, retired list" in section catchline.

1983—Pub. L. 97–417 substituted provision relating to the entitlement of retired list Coast Guard commodores to the basic pay of a retired rear admiral after two years emergency or wartime duty, for former subsecs. (a) and (b), which, respectively, related to the entitlement of retired Coast Guard rear admirals (otherwise entitled to the basic pay of retired list rear admirals) to the basic pay of an upper half rear admiral after two years emergency or wartime active duty, and provided that the number of active list Coast Guard rear admirals entitled to upper half pay be half the difference between the number of active list officers above captain and the number of officers serving above rear admiral, an odd number result to be placed in the upper half, and no officer entitled to rear admiral pay to have it reduced solely because of a reduction in the number of rear admirals.

1980—Pub. L. 96–513, §401(b), substituted "(upper half) of the Coast Guard" for "of upper half; officers holding certain positions in the Navy" in section catchline.

Subsec. (a). Pub. L. 96–513, §401(a)(1), (2), redesignated subsec. (e) as (a) and struck out applicability to the Navy. Former subsec. (a), relating to entitlement of an officer not restricted in the performance of his duties in the Navy, was struck out.

Subsec. (b). Pub. L. 96–513, §401(a)(1), (3), redesignated subsec. (f) as (b). Former subsec. (b), relating to entitlement of an officer restricted in the performance of his duties in the Navy, was struck out.

Subsec. (c). Pub. L. 96–513, §401(a)(1), struck out subsec. (c) which related to entitlement of an officer in a staff corps in the Navy.

Subsec. (d). Pub. L. 96–513, §401(a)(1), struck out subsec. (d) which related to entitlement of an officer of the Naval Reserve.

Subsec. (e). Pub. L. 96–513, §401(a)(2), redesignated subsec. (e) as (a).

Subsec. (f). Pub. L. 96–513, §401(a)(3), redesignated subsec. (f) as (b).

Subsec. (g). Pub. L. 96–513, §401(a)(4), struck out subsec. (g) which related to entitlement of an officer of the Marine Corps.

Subsec. (h). Pub. L. 96–513, §401(a)(4), struck out subsec. (h) which related to entitlement of specific officers of the naval service.

Subsec. (i). Pub. L. 96–513, §401(a)(4), struck out subsec. (i) which related to entitlement of additional specific officers of the naval service.

Subsec. (j). Pub. L. 96–513, §401(a)(4), struck out subsec. (j) which related to entitlement of officer of the Navy serving as Deputy Comptroller of the Navy.

Subsec. (k). Pub. L. 96–513, §401(a)(4), struck out subsec. (k) which related to pay of a woman officer when initially appointed as a rear admiral and while serving as a rear admiral under such appointment or a subsequent appointment.

Pub. L. 96–342 substituted provisions respecting pay when initially appointed as a rear admiral and while serving as a rear admiral under such appointment or a subsequent appointment for provisions respecting pay while serving under an appointment under section 5767(c) of title 10.

Subsec. (l). Pub. L. 96–513, §401(a)(4), struck out subsec. (l) which related to entitlement of an officer of the Navy or Marine Corps serving as Assistant Judge Advocate General of the Navy.

1972—Subsec. (f). Pub. L. 92–451 struck out "Except for those whose basic pay is otherwise specifically authorized by law," and substituted "in grades above captain, less the number of officers serving in grades above rear admiral", for "in that grade" in first sentence.

1968—Subsec. (l). Pub. L. 90–623 redesignated as subsec. (l) the subsection relating to basic pay of the Assistant Judge Advocate General of the Navy, formerly designated as subsec. (k).

1967—Subsec. (g). Pub. L. 90–179, §7(1), inserted "or as Deputy Judge Advocate General of the Navy,".

Subsecs. (h)(7), (8). Pub. L. 90–179, §7(2)(B), (C), added par. (7) and renumbered former par. (7) as par. (8).

Subsec. (i). Pub. L. 90–179, §7(3), struck out par. (3) which referred to an officer detailed as Assistant Judge Advocate of the Navy and renumbered pars. (4) and (5) as pars. (3) and (4), respectively.

Subsec. (k). Pub. L. 90–179, §7(4), added subsec. (k) relating to officer of the Navy or Marine Corps serving as Assistant Judge Advocate General of the Navy.

Pub. L. 90–130 added subsec. (k) relating to a woman officer appointed under section 5767(c) of title 10.

1966—Subsec. (g). Pub. L. 89–718, §50(1), struck out reference to service as Chief of the Bureau of Naval Weapons.

Subsec. (h). Pub. L. 89–718, §50(2), struck out par. (2) relating to Chief of Naval Materiel.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Pub. L. 96–342, title X, §1004(b), Sept. 8, 1980, 94 Stat. 1120, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to basic pay payable for periods beginning on or after the date of the enactment of this Act [Sept 8, 1980]."

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92–451, set out as a note under section 290 of Title 14, Coast Guard.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change of 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.

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.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513, and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of Title 10, Armed Forces.

§203. Rates

(a)(1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with section 1009 of this title or as otherwise prescribed by law.

(2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule.

(b) While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under section 205 of this title is, in addition to the pay and allowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay.

(c) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service.

(d)(1) The basic pay of a commissioned officer who is in pay grade O–1, O–2, or O–3 and who is credited with a total of over four years' service described in paragraph (2) shall be computed in the same manner as the basic pay of a commissioned officer in the same pay grade who has been credited with over four years' active service as an enlisted member.

(2) Service to be taken into account for purposes of computing basic pay under paragraph (1) is as follows:

(A) Active service as a warrant officer or as a warrant officer and an enlisted member.

(B) Service as a warrant officer, as an enlisted member, or as a warrant officer and an enlisted member, for which at least 1,460 points have been credited to the officer for the purposes of section 12732(a)(2) of title 10.


(e)(1) A student at the United States Military Academy Preparatory School, the United States Naval Academy Preparatory School, or the United States Air Force Academy Preparatory School who was selected to attend the preparatory school from civilian life is entitled to monthly student pay at the same rate as provided for cadets and midshipmen under subsection (c).

(2) A student at a preparatory school referred to in paragraph (1) who, at the time of the student's selection to attend the preparatory school, was an enlisted member of the uniformed services shall receive monthly basic pay at the rate prescribed for the student's pay grade and years of service as an enlisted member or at the rate provided for cadets and midshipmen under subsection (c), whichever is greater.

(3) The monthly student pay of a student described in paragraph (1) shall be treated for purposes of the accrual charge for the Department of Defense Military Retirement Fund established under section 1461 of title 10 in the same manner as monthly cadet pay or midshipman pay under subsection (c).

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 456; Pub. L. 88–132, §2, Oct. 2, 1963, 77 Stat. 210; Pub. L. 88–422, §1, Aug. 12, 1964, 78 Stat. 395; Pub. L. 89–132, §1, Aug. 21, 1965, 79 Stat. 545; Pub. L. 89–501, title III, §301, July 13, 1966, 80 Stat. 276; Pub. L. 90–207, §1(1), Dec. 16, 1967, 81 Stat. 649; Pub. L. 91–278, §3(2), June 12, 1970, 84 Stat. 306; Pub. L. 92–129, title II, §201, Sept. 28, 1971, 85 Stat. 355; Pub. L. 92–455, §3, Oct. 2, 1972, 86 Stat. 761; Pub. L. 93–419, §2, Sept. 19, 1974, 88 Stat. 1152; Pub. L. 95–79, title III, §302(a)(2), July 30, 1977, 91 Stat. 326; Pub. L. 96–343, §6(b), Sept. 8, 1980, 94 Stat. 1127; Pub. L. 97–60, title I, §102(a), Oct. 14, 1981, 95 Stat. 992; Pub. L. 98–94, title IX, §902(a), Sept. 24, 1983, 97 Stat. 635; Pub. L. 99–145, title XIII, §1303(b)(1), Nov. 8, 1985, 99 Stat. 740; Pub. L. 99–661, div. A, title VI, §601(c), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 100–180, div. A, title VI, §601(c), Dec. 4, 1987, 101 Stat. 1092, as amended Pub. L. 100–202, §110(b), Dec. 22, 1987, 101 Stat. 1329–436; Pub. L. 100–456, div. A, title VI, §601(d), Sept. 29, 1988, 102 Stat. 1976; Pub. L. 101–189, div. A, title VI, §601(c), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 103–160, div. A, title VI, §603(a), Nov. 30, 1993, 107 Stat. 1678; Pub. L. 103–337, div. A, title VI, §601(c), Oct. 5, 1994, 108 Stat. 2779; Pub. L. 104–201, div. A, title VI, §602, Sept. 23, 1996, 110 Stat. 2540; Pub. L. 105–261, div. A, title VI, §602(a), Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106–65, div. A, title VI, §601(d), Oct. 5, 1999, 113 Stat. 648; Pub. L. 106–398, §1 [[div. A], title VI, §612(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-150; Pub. L. 107–107, div. A, title VI, §602(a), Dec. 28, 2001, 115 Stat. 1132; Pub. L. 107–314, div. A, title X, §1062(f)(1), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–136, div. A, title VI, §603, Nov. 24, 2003, 117 Stat. 1499; Pub. L. 109–163, div. A, title VI, §§602, 603, Jan. 6, 2006, 119 Stat. 3286; Pub. L. 109–364, div. A, title VI, §602(a), Oct. 17, 2006, 120 Stat. 2245.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
203 10:142(d) (as applicable to basic pay). [None.]
  37:232(a). Oct. 12, 1949, ch. 681, §201(a); May 19, 1952, ch. 310, §1(a); restated Mar. 31, 1955, ch. 20, §2(1); restated May 20, 1958, Pub. L. 85–422, §1(1), 72 Stat. 122.

Section 142(d) (as applicable to basic pay) of title 10 is omitted as superseded by footnote 1 of section 232(a) of existing title 37. The words "pay grades are prescribed" are omitted as covered by section 201 of this revised title. The words "rates of monthly basic pay . . . are" are substituted for the words "monthly basic pay . . . is established". The words "according to cumulative years of service" are omitted as covered by the words "years of service computed under section 205" appearing in each table.

References in Text

Levels II and V of the Executive Schedule, referred to in subsec. (a)(2), are set out in sections 5313 and 5316, respectively, of Title 5, Government Organization and Employees.

Amendments

2006—Subsec. (a)(2). Pub. L. 109–364 substituted "level II" for "level III".

Subsec. (b). Pub. L. 109–163, §602, inserted ", the United States Naval Academy," after "Military Academy".

Subsec. (e)(2). Pub. L. 109–163, §603, substituted "shall receive" for "on active duty for a period of more than 30 days shall continue to receive" and inserted before the period at end "or at the rate provided for cadets and midshipmen under subsection (c), whichever is greater".

2003—Subsec. (d)(2)(A). Pub. L. 108–136, §603(1), substituted "enlisted member." for "enlisted member, in the case of—

"(i) a commissioned officer on active duty who is paid from funds appropriated for active-duty personnel; or

"(ii) a commissioned officer on active Guard and Reserve duty."

Subsec. (d)(2)(B). Pub. L. 108–136, §603(2), added subpar. (B) and struck out former subpar. (B) which read as follows: "In the case of a commissioned officer (not referred to in subparagraph (A)(ii)) who is paid from funds appropriated for reserve personnel, service as a warrant officer, or as a warrant officer and enlisted member, for which at least 1,460 points have been credited to the officer for the purposes of section 12732(a)(2) of title 10."

2002—Subsec. (d)(1). Pub. L. 107–314 amended Pub. L. 107–107, §602(a)(2). See 2001 Amendment note below.

2001—Subsec. (d). Pub. L. 107–107, §602(a)(1), designated existing provisions as par. (1).

Subsec. (d)(1). Pub. L. 107–107, §602(a)(2), as amended by Pub. L. 107–314, substituted "service described in paragraph (2)" for "active service as a warrant officer or as a warrant officer and enlisted member".

Subsec. (d)(2). Pub. L. 107–107, §602(a)(3), added par. (2).

2000—Subsec. (c). Pub. L. 106–398 substituted "at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service" for "at the rate of $600.00".

1999—Subsec. (a). Pub. L. 106–65 designated existing provisions as par. (1) and added par. (2).

1998—Subsec. (c). Pub. L. 105–261 substituted "$600.00" for "$558.04".

1996—Subsec. (c). Pub. L. 104–201 designated par. (1) as entire subsec. (c) and struck out former par. (2) which read as follows: "The rate of monthly cadet pay, or midshipman pay, under this subsection shall be adjusted in the manner and at the time the monthly basic pay of members of the uniformed services is adjusted under section 1009 of this title."

1994—Subsec. (c)(1). Pub. L. 103–337 substituted "$558.04" for "$543.90".

1993—Subsec. (e). Pub. L. 103–160 added subsec. (e).

1989—Subsec. (c)(1). Pub. L. 101–189 substituted "$543.90" for "$525".

1988—Subsec. (c)(1). Pub. L. 100–456 substituted "$525" for "$504.30".

1987—Subsec. (c)(1). Pub. L. 100–180, as amended by Pub. L. 100–202, substituted "$504.30" for "$494.40".

1986—Subsec. (c)(1). Pub. L. 99–661 substituted "$494.40" for "$461.40".

1985—Subsec. (a). Pub. L. 99–145 inserted "or as otherwise prescribed by law" after "this title".

1983—Subsec. (d). Pub. L. 98–94 substituted "the basic pay of a commissioned officer who is in pay grade O–1, O–2, or O–3 and who is credited with a total of over four years' active service as a warrant officer or as a warrant officer and enlisted member shall be computed in the same manner as the basic pay of a commissioned officer in the same pay grade who has been credited with over four years' active service as an enlisted member" for "the basic pay of commissioned officers who are in pay grades O–1, O–2, and O–3 and who are credited with over four years' active service as warrant officers shall be computed in the same manner as the basic pay of commissioned officers in the same pay grades who have been credited with over four years' active service as enlisted members".

1981—Subsec. (c)(1). Pub. L. 97–60 substituted "$461.40" for "$313.20".

1980—Subsec. (d). Pub. L. 96–343 added subsec. (d).

1977—Subsec. (c). Pub. L. 95–79 added subsec. (c).

1974—Subsec. (a). Pub. L. 93–419 substituted reference to section 1009 of this title for provisions setting out in tables the rates of monthly basic pay for members of the uniformed services.

1972—Subsec. (a). Pub. L. 92–455 substituted in footnote 1 of the enlisted members pay table "Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard," for "Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps,".

1971—Subsec. (a). Pub. L. 92–129 increased rates of monthly basic pay for all personnel.

1970—Subsec. (b). Pub. L. 91–278 provided for entitlement to additional pay for service as a member of permanent commissioned teaching staff at the United States Coast Guard Academy.

1967—Subsec. (a). Pub. L. 90–207 increased the rates of monthly basic pay for all personnel by 5.6 percent and provided a special basic pay rate of $844.20 per month for the senior noncommissioned officer position of each military service regardless of years of service completed for pay purposes.

1966—Subsec. (a). Pub. L. 89–501 increased pay of all personnel by 3.2 percent.

1965—Subsec. (a). Pub. L. 89–132 increased pay of commissioned officers with less than 2 years of service an average of 22 percent, of commissioned officers and warrant officers with over 2 years of service an average of 6 percent, enlisted men with 2 years of service an average of 17.3 percent, and enlisted men with over 2 years of service an average of 11 percent.

1964—Subsec. (a). Pub. L. 88–422 increased pay of all officers, warrant officers and enlisted personnel with over 2 years of service by 2.5 percent, and the pay of commissioned and warrant officers with under 2 years of service by 8.5 percent.

1963—Subsec. (a). Pub. L. 88–132 designated existing provisions as subsec. (a), substituted new basic pay tables and increased from $1,875 to $1,970 the basic pay referred to in footnote 1 of the Commissioned officers' table and substituted "cumulative years of service" for "years of service".

Subsec. (b). Pub. L. 88–132 added subsec. (b).

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, §602(b), Oct. 17, 2006, 120 Stat. 2245, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2007, and shall apply with respect to months beginning on or after that date."

Effective Date of 2002 Amendment

Pub. L. 107–314, div. A, title X, §1062(f), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(f)(1) is effective as of Dec. 28, 2001, and as if included in Pub. L. 107–107 as enacted.

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VI, §602(b), Dec. 28, 2001, 115 Stat. 1133, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to months beginning on or after the date of the enactment of this Act [Dec. 28, 2001]."

Effective Date of 2000 Amendment

Pub. L. 106–398, §1 [[div. A], title VI, §612(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 209 of this title] shall take effect October 1, 2001."

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, §601(d), Oct. 5, 1999, 113 Stat. 648, provided that the amendment made by section 601(d) is effective Jan. 1, 2000.

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title VI, §602(b), Oct. 17, 1998, 112 Stat. 2037, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1999."

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title VI, §601(c), Oct. 5, 1994, 108 Stat. 2779, provided in part that the amendment made by that section is effective Jan. 1, 1995.

Effective Date of 1993 Amendment

Pub. L. 103–160, div. A, title VI, §603(b), Nov. 30, 1993, 107 Stat. 1678, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to students entering the United States Military Academy Preparatory School, the United States Naval Academy Preparatory School, or the United States Air Force Academy Preparatory School on or after the date of the enactment of this Act [Nov. 30, 1993]."

Effective Date of 1989 Amendment

Pub. L. 101–189, div. A, title VI, §601(c), Nov. 29, 1989, 103 Stat. 1445, provided that the amendment made by that section is effective Jan. 1, 1990.

Effective Date of 1988 Amendment

Pub. L. 100–456, div. A, title VI, §601(d), Sept. 29, 1988, 102 Stat. 1976, provided that the amendment made by that section is effective Jan. 1, 1989.

Effective Date of 1987 Amendment

Pub. L. 100–180, div. A, title VI, §601(c), Dec. 4, 1987, 101 Stat. 1092, as amended by Pub. L. 100–202, §110(b), Dec. 22, 1987, 101 Stat. 1329–436, provided that the amendment made by that section is effective Jan. 1, 1988.

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title VI, §601(c), Nov. 14, 1986, 100 Stat. 3874, provided that the amendment made by that section is effective Jan. 1, 1987.

Effective Date of 1983 Amendment

Pub. L. 98–94, title IX, §902(b), Sept. 24, 1983, 97 Stat. 635, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1983."

Effective Date of 1981 Amendment

Pub. L. 97–60, title I, §102(b), Oct. 14, 1981, 95 Stat. 992, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1981."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–343 effective with respect to periods for which pay and allowances are payable which begin after Aug. 31, 1980, see section 6(c) of Pub. L. 96–343, set out as a note under section 907 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–419 effective Sept. 19, 1974, see section 9 of Pub. L. 93–419, set out as an Effective Date note under section 1009 of this title.

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–129 effective Oct. 1, 1971, see section 209 of Pub. L. 92–129, set out as an Effective Date note under section 302a of this title.

Effective Date of 1967 Amendment

Pub. L. 90–207, §7, Dec. 16, 1967, 81 Stat. 654, provided that: "This Act [enacting sections 311 and 411a of this title, amending this section, sections 403 and 407 of this title, sections 1401 to 1402, 1436, 3991, 6326, 6330, and 8991 of Title 10, Armed Forces, and section 2203 of the former Appendix to Title 50, War and National Defense, and enacting provisions set out as notes under this section and sections 1401 and 1401a of Title 10] becomes effective as of October 1, 1967. However, a member, except as provided in section 6 of this Act [set out as a note under section 1401 of Title 10], is not entitled to any increases in his pay and allowances under section 1 [enacting section 311 of this title and amending this section and sections 403 and 407 of this title] or section 4 [amending section 2203 of the former Appendix to Title 50] for any period before the date of enactment of this Act [Dec. 16, 1967] unless he is on active duty on the date of enactment of this Act. In addition, a member of the National Guard or a member of a Reserve Component of a uniformed service who is in a drill pay status on the effective date of this Act [Oct. 1, 1967] is entitled to have any compensation to which he has become entitled under section 206 of title 37, United States Code, after September 30, 1967, computed under the rates of basic pay prescribed by section 1(1) of this Act [amending this section]."

Effective Date of 1966 Amendment

Pub. L. 89–501, title III, §304, July 13, 1966, 80 Stat. 278, provided that: "This title [amending this section and enacting provisions set out as notes under this section and section 1401 of Title 10, Armed Forces] becomes effective July 1, 1966, or the first day of the month in which increases in the rates of compensation under the General Schedule of pay provided in section 603(b) of the Classification Act of 1949, as amended (5 U.S.C. 1113(b)) [see now section 5332(a) of Title 5, Government Organization and Employees], become effective pursuant to the Federal Employees Salary Act of 1966 [Pub. L. 89–504, July 18, 1966, 80 Stat. 288] whichever is later."

Effective Date of 1965 Amendment

Pub. L. 89–132, §10, Aug. 21, 1965, 79 Stat. 548, provided that: "This Act [enacting section 1008 of this title and section 1040 of Title 10, Armed Forces, amending this section, sections 308 and 310 of this title, and sections 1401 and 1401a of Title 10, and enacting provisions set out as notes under section 1401 of Title 10] becomes effective on the first day of the first calendar month beginning after the date of enactment of this Act [Aug. 21, 1965]."

Effective Date of 1964 Amendment

Pub. L. 88–422, §4, Aug. 12, 1964, 78 Stat. 396, provided that: "This Act [amending this section and enacting provisions set out as notes under this section] becomes effective on the first day of the first calendar month beginning after the date of enactment of this Act [Aug. 12, 1964]."

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 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.

Publication by Department of Defense of Actual Rates of Basic Pay Payable to Members of the Armed Forces by Pay Grade for Annual or Other Pay Periods

Pub. L. 114–328, div. A, title VI, §602, Dec. 23, 2016, 130 Stat. 2156, provided that: "Any pay table published or otherwise issued by the Department of Defense to indicate the rates of basic pay of the Armed Forces in effect for members of the Armed Forces for a calendar year or other period shall state the rate of basic pay to be received by members in each pay grade for such year or period as specified or otherwise provided by applicable law, including any rate to be so received pursuant during such year or period by the operation of a ceiling under section 203(a)(2) of title 37, United States Code, or a similar provision in an annual defense authorization Act."

Increases in Basic Pay for General and Flag Officers

Pub. L. 114–92, div. A, title VI, §601, Nov. 25, 2015, 129 Stat. 836, provided that: "Section 203(a)(2) of title 37, United States Code, shall be applied for rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 during calendar year 2016 by using the rate of pay for level II of the Executive Schedule in effect during 2014. The rates of basic pay payable for such officers shall not increase during calendar year 2016."

Pub. L. 113–291, div. A, title VI, §601, Dec. 19, 2014, 128 Stat. 3397, provided that: "In the case of commissioned officers in the uniformed services in pay grades O–7 through O–10—

"(1) section 203(a)(2) of title 37, United States Code, shall be applied for rates of basic pay payable for such officers during calendar year 2015 by using the rate of pay for level II of the Executive Schedule in effect during 2014; and

"(2) the rates of monthly basic pay payable for such officers shall not increase during calendar year 2015."

Basic Pay Rate Equal Treatment of Chief of the National Guard Bureau

Pub. L. 113–291, div. A, title VI, §603(a)(1), Dec. 19, 2014, 128 Stat. 3397, provided that: "The rate of basic pay for an officer while serving as the Chief of the National Guard Bureau shall be the same as the rate of basic pay for the officers specified in Footnote 2 of the table entitled 'commissioned officers' in section 601(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 37 U.S.C. 1009 note), regardless of cumulative years of service computed under section 205 of title 37, United States Code."

Rate of Pay Increases for Cadets, Midshipmen, and Applicants for Membership in Senior Reserve Officers' Training Corps

Pub. L. 95–79, title III, §302(b), (c), July 30, 1977, 91 Stat. 326, 327, provided that:

"(b) Any cadet or midshipman who, on the date of enactment of this Act [July 30, 1977], or on any date thereafter, is—

"(1) admitted to the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy, as the case may be, or

"(2) enrolled in the Senior Reserve Officers' Training Corps program and attending a field training encampment or practice cruise for which he is entitled to pay under section 209(c) of title 37, United States Code,

shall, if otherwise entitled, receive the rate of pay prescribed by section 201(c) of title 37, United States Code, as in effect on the day before the date of enactment of this Act, [July 30, 1977], until the rate of pay authorized by section 203(c) of such title, as added by the amendments made by subsection (a) of this section, is equal to or greater than the rate prescribed by section 201(c) of such title, as in effect on the day before the date of enactment of this Act. Thereafter, the rate of pay of such person shall be as prescribed by section 203(c) of such title, as added by the amendments made by subsection (a) of this section, or section 209(c) of such title, as amended by subsection (a) of this section, as appropriate.

"(c) A person who, on the date of enactment of this Act [July 30, 1977], is an applicant for membership in the Senior Reserve Officers' Training Corps and who, in order to satisfy the requirement of section 2104(b)(6)(B) of title 10, United States Code, is attending or will attend one of the field training encampments or practice cruises in a field training or practice cruise period which is in progress on the date of enactment of this Act, is entitled to continue to receive pay at the rate prescribed by such section as in effect on the day before the date of enactment of this Act while such person is attending such field training or practice cruise period in progress on the date of enactment of this Act. Thereafter, the entitlement of such person shall be as prescribed in subsection (b) of this section."

Master Chief Petty Officer of the Coast Guard; Pay Recovery

Pub. L. 92–455, §5, Oct. 2, 1972, 86 Stat. 761, provided that: "An enlisted member of the Coast Guard who has served as the master chief petty officer of the Coast Guard before enactment of this Act [Oct. 2, 1972] is entitled to recover the differences between the basic pay (including proficiency pay) received while so serving and the amount he would have received if his basic pay had been the same as the basic pay of the senior enlisted advisers of the other Armed Forces from the time of his original appointment to serve as the master chief petty officer of the Coast Guard."

Report on Effectiveness of 1971 Pay Increases in Increasing Volunteers

Section 211 of Pub. L. 92–129 directed Secretary of Defense to report to Chairman of Armed Services Committees of Senate and of House of Representatives not later than June 30, 1972, on effectiveness of provisions of title II of Pub. L. 92–129, authorizing pay increases for uniformed services, in increasing number of volunteers enlisting for active duty in Armed Forces of United States.

Pay Continuation

Pub. L. 92–129, title II, §210, Sept. 28, 1971, 85 Stat. 360, provided that: "The enactment of this title [enacting sections 302a, 308a, and 428 of this title and amending this section, section 403 of this title, and sections 2203, 2204, and 2207 of the former Appendix to Title 50, War and National Defense] shall not reduce the pay to which any member of the uniformed services was entitled on June 30, 1971."

Pub. L. 89–501, title III, §302, July 13, 1966, 80 Stat. 278, provided that: "Notwithstanding any other provision of law, a member of an armed force who was entitled to pay and allowances under any of the following provisions of law on the day before the effective date of this title [see Effective Date of 1966 Amendment note above] shall continue to receive the pay and allowances to which he was entitled on that day plus an increase of 3.2 per centum in the total of his pay and allowances:

"(1) The Act of March 23, 1946, chapter 112 (60 Stat. 59).

"(2) The Act of June 26, 1948, chapter 677 (62 Stat. 1052).

"(3) The Act of September 18, 1950, chapter 952 (64 Stat. A224).

After the effective date of this title, no increase in the basic pay or any of the allowances of members of the uniformed services on active duty shall increase the basic pay or any of the allowances of a member covered by the preceding provisions of this section."

Pub. L. 89–132, §8, Aug. 21, 1965, 79 Stat. 548, as amended by Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: "The enactment of this Act [see Effective Date of 1965 Amendment note above] does not reduce—

"(1) the rate of dependency and indemnity compensation under section 1311 of title 38, United States Code, that any person was receiving on the day before the effective date of this Act [Sept. 1, 1965] or which thereafter becomes payable for that day by reason of a subsequent determination; or

"(2) the basic pay or the retired pay or retainer pay to which a member or former member of a uniformed service was entitled to on the day before the effective date of this Act [Sept. 1, 1965]."

Pub. L. 88–422, §2, Aug. 12, 1964, 78 Stat. 396, provided that: "Notwithstanding any other provision of law, a member of an armed force who was entitled to pay and allowances under any of the following provisions of law on the day before the effective date of this Act [Sept. 1, 1964] shall continue to receive the pay and allowances to which he was entitled on that day:

"(1) The Act of March 23, 1946, chapter 112 (60 Stat. 59).

"(2) The Act of June 26, 1948, chapter 677 (62 Stat. 1052).

"(3) The Act of September 18, 1950, chapter 952 (64 Stat. A224)."

Pub. L. 88–422, §3, Aug. 12, 1964, 78 Stat. 396, provided that: "The enactment of this Act [amending this section, and enacting provisions set out as notes under this section] does not reduce—

"(1) the rate of dependency and indemnity compensation under section 411 of title 38, United States Code, that any person was receiving on the day before the effective date of this Act [Sept. 1, 1964] or which thereafter becomes payable for that day by reason of a subsequent determination; or

"(2) the basic pay or the retired pay or retainer pay to which a member or former member of a uniformed service was entitled on the day before the effective date of this Act."

Pub. L. 88–132, §13(b), Oct. 2, 1963, 77 Stat. 218, provided that: "The enactment of this Act [see Short Title of 1963 Amendment note set out under section 101 of this title] does not reduce the basic pay or the retired pay or retainer pay to which a member or former member of a uniformed service was entitled on the day before the effective date of this Act [Oct. 1, 1963]."

Periodic Pay Adjustments in Monthly Basic Pay

Pub. L. 90–207, §8, Dec. 16, 1967, 81 Stat. 654, which provided for adjustment of regular compensation whenever the General Schedule of compensation for federal classified employees was adjusted upwards, was repealed by Pub. L. 93–419, §8, Sept. 19, 1974, 88 Stat. 1153.

Adjustment of Pay Rates

For adjustment of monthly pay rates under subsec. (c) of this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.

Prior to amendment of this section by Pub. L. 93–419, pay rates were adjusted by the following executive orders:

Ex. Ord. No. 11740, Oct. 3, 1973, 38 F.R. 27585, provided for adjustment of pay rates effective Oct. 1, 1973.

Ex. Ord. No. 11692, Dec. 15, 1972, 37 F.R. 27609, as amended by Ex. Ord. No. 11778, Apr. 12, 1974, 39 F.R. 13521, provided for adjustment of pay rates effective Oct. 1, 1972.

Ex. Ord. No. 11638, Dec. 22, 1971, 36 F.R. 24913, provided for adjustment of pay rates effective Jan. 1, 1972.

Ex. Ord. No. 11577, Jan. 8, 1971, 36 F.R. 349, provided for adjustment of pay rates effective Jan. 1, 1971.

Ex. Ord. No. 11525, Apr. 15, 1970, 35 F.R. 6251, provided for adjustment of pay rates effective Jan. 1, 1970.

Ex. Ord. No. 11475, June 16, 1969, 34 F.R. 9609, provided for adjustment of pay rates effective July 1, 1969.

Ex. Ord. No. 11414, June 11, 1968, 33 F.R. 8645, provided for adjustment of pay rates effective July 1, 1968.

§204. Entitlement

(a) The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under section 205 of this title—

(1) a member of a uniformed service who is on active duty; and

(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32.


(b) For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.

(c)(1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member's unit.

(2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member's contact provided under such paragraph.

(3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessary to carry out this subsection.

(d) Full-time training, training duty with pay, or other full-time duty performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, is active duty for the purposes of this section.

(e) A payment accruing under any law to a member of a uniformed service incident to his release from active duty or for his return home incident to that release may be paid to him before his departure from his last duty station, whether or not he actually performs the travel involved. If a member receives a payment under this subsection but dies before that payment would have been made but for this subsection, no part of that payment may be recovered by the United States.

(f) A cadet of the United States Military Academy or the United States Air Force Academy, or a midshipman of the United States Naval Academy, who, upon graduation from one of those academies, is appointed as a second lieutenant of the Army or the Air Force is entitled to the basic pay of pay grade O–1 beginning upon the date of his graduation.

(g)(1) A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member is physically disabled as the result of an injury, illness, or disease incurred or aggravated—

(A) in line of duty while performing active duty;

(B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service);

(C) while traveling directly to or from such duty or training;

(D) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or

(E) in line of duty while—

(i) serving on funeral honors duty under section 12503 of title 10 or section 115 of title 32;

(ii) traveling to or from the place at which the duty was to be performed; or

(iii) remaining overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member's residence.


(2) In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under paragraph (1), the total pay and allowances shall be reduced by the amount of such income. In calculating earned income for the purpose of the preceding sentence, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.

(h)(1) A member of a reserve component of a uniformed service who is physically able to perform his military duties, is entitled, upon request, to a portion of the monthly pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for each month for which the member demonstrates a loss of earned income from nonmilitary employment or self-employment as a result of an injury, illness, or disease incurred or aggravated—

(A) in line of duty while performing active duty;

(B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service);

(C) while traveling directly to or from such duty or training;

(D) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or

(E) in line of duty while—

(i) serving on funeral honors duty under section 12503 of title 10 or section 115 of title 32;

(ii) traveling to or from the place at which the duty was to be performed; or

(iii) remaining overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member's residence.


(2) The monthly entitlement may not exceed the member's demonstrated loss of earned income from nonmilitary or self-employment. In calculating such loss of income, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.

(i)(1) The total amount of pay and allowances paid under subsections (g) and (h) and compensation paid under section 206(a) of this title for any period may not exceed the amount of pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for that period.

(2) Pay and allowances may not be paid under subsection (g) or (h) for a period of more than six months. The Secretary concerned may extend such period in any case if the Secretary determines that it is in the interests of fairness and equity to do so.

(3) A member is not entitled to benefits under subsection (g) or (h) if the injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member.

(4) Regulations with respect to procedures for paying pay and allowances under subsections (g) and (h) shall be prescribed—

(A) by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary; and

(B) by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.


(j) A member of the uniformed services who is entitled to medical or dental care under section 1074a of title 10 is entitled to travel and transportation allowances, or a monetary allowance in place thereof, for necessary travel incident to such care, and return to his home upon discharge from treatment.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 457; Pub. L. 96–513, title V, §506(4), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 98–94, title X, §1012(b), Sept. 24, 1983, 97 Stat. 665; Pub. L. 99–433, title V, §531(b), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 99–661, div. A, title VI, §604(b), Nov. 14, 1986, 100 Stat. 3875; Pub. L. 100–456, div. A, title VI, §631(a), (b), Sept. 29, 1988, 102 Stat. 1984, 1985; Pub. L. 102–25, title VII, §701(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title XVI, §1676(b)(1), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104–106, div. A, title VII, §702(c), Feb. 10, 1996, 110 Stat. 371; Pub. L. 105–85, div. A, title V, §513(f), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 106–398, §1 [[div. A], title VI, §665(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-168; Pub. L. 107–107, div. A, title V, §513(d), Dec. 28, 2001, 115 Stat. 1093; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 113–66, div. A, title VI, §602, Dec. 26, 2013, 127 Stat. 779.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
204(a)

 

204(b)

 

204(c)

 

204(d)

 

204(e)

37:232(d) (1st sentence, less provisos).

37:232(d) (1st proviso of 1st sentence).

37:232(d) (2d proviso of 1st sentence).

37:232(d) (last proviso of 1st sentence).

37:232(d) (less 1st sentence).

Oct. 12, 1949, ch. 681, §201(d), 63 Stat. 807; redesignated as "(d)" by Mar. 31, 1955, ch. 20, §2(2), 69 Stat. 19; Aug. 10, 1956, ch. 1041, §20(a), 70A Stat. 627; May 20, 1958, Pub. L. 85–422, §1(4), 72 Stat. 124.
204(f) 37:308a. Dec. 20, 1886, ch. 2, 24 Stat. 351; June 2, 1950, ch. 217, §2, 64 Stat. 195.
204(g) 10:3687 (as applicable to pay and allowances). [None.]
  10:8687 (as applicable to pay and allowances). [None.]
204(h) 32:318 (as applicable to pay and allowances). [None.]
204(i) 10:6148(a) (as applicable to pay and allowances). [None.]
  10:6148(b) (as applicable to pay and allowances). [None.]

[The citations to section 232(d) of existing title 37, above, are to the language of subsection (d) set forth in the codification note under section 232, rather than that erroneously set forth in the text of the section.]

In subsection (a), the last 27 words are substituted for the words "or performance of the duties provided for by sections 5, 81, 94, 97 and 99 of the National Defense Act, as amended," to reflect the current citations. So much of the introductory clause as follows the exception is substituted for the 36 words preceding 1st proviso of 1st sentence of section 232(d) of existing title 37. The words "on the active list" are omitted as covered by the words "active duty" as defined in section 101(18) of this revised title. The words "(provided for or authorized in the National Defense Act, as amended, or in the Naval Reserve Act of 1938, as amended)" are omitted as covered by the words "provided by law".

In subsection (b), the words "For the purposes of subsection (a)" are inserted for clarity. The words "active duty for a period of more than 30 days" are substituted for the words "extended active duty in excess of thirty days". The words "call or" are inserted to conform to the words "called or".

In subsection (c), the words "and allowances" are omitted, since, under chapter 7 of this revised title, entitlement to allowances depends upon entitlement to basic pay. The last sentence is substituted for the last 38 words of the 2d proviso of the 1st sentence of section 232(d) of existing title 37.

In subsection (d), the words "for the purposes of this section" are substituted for the words "and which entitles them to receive basic pay . . . in the service of the United States". The words "pursuant to this section" are omitted as surplusage.

In subsection (e), the words "or active duty for training" are omitted as covered by the words "active duty" as defined in section 101(18) of this revised title.

In subsection (f), the words "is appointed" are substituted for the words "has been or may be commissioned". The words "under the laws appointing such graduates to the Army" and the last 16 words of section 308a of existing title 37 are omitted as surplusage. The words "to the date of his acceptance of and qualification under his commission" are omitted, since the member concerned would continue to be entitled to basic pay after that acceptance and qualification. The words "or the United States Naval Academy" are inserted to reflect section 541 of title 10, under which graduates of that Academy may be appointed in the Army or the Air Force.

In subsection (i), the inclusion of the Coast Guard Reserve is based on the authority contained in section 755(c) of title 14.

Amendments

2013—Subsec. (c). Pub. L. 113–66 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date when he appears at the place of company rendezvous. However, this subsection does not authorize any expenditure before arriving at the place of rendezvous that is not authorized by law to be paid after arrival at that place."

2002—Subsec. (i)(4)(B). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

2001—Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 107–107 struck out ", if the site is outside reasonable commuting distance from the member's residence" before semicolon.

2000—Subsec. (g)(1)(E). Pub. L. 106–398, §1 [[div. A], title VI, §665(a)(1)], added subpar. (E).

Subsec. (h)(1)(E). Pub. L. 106–398, §1 [[div. A], title VI, §665(a)(2)], added subpar. (E).

1997—Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 105–85 inserted "while remaining overnight immediately before the commencement of inactive-duty training, or" after "in line of duty".

1996—Subsec. (g)(1)(D). Pub. L. 104–106, §702(c)(1), added subpar. (D).

Subsec. (h)(1)(D). Pub. L. 104–106, §702(c)(2), added subpar. (D).

1994—Subsec. (a)(2). Pub. L. 103–337 substituted "10302, 10305, 10502, or 12402" for "3021, 3496, 3541, 8021, 8496, or 8541".

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

1988—Subsec. (g). Pub. L. 100–456, §631(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member—

"(1) is called or ordered to active duty for a period of more than 30 days; and

"(2) is physically disabled in line of duty from injury, illness, or disease."

Subsec. (h). Pub. L. 100–456, §631(a), amended subsec. (h) generally, substituting pars. (1) and (2) for former pars. (1) to (5).

Subsecs. (i), (j). Pub. L. 100–456, §631(b), added subsec. (i) and redesignated former subsec. (i) as (j).

1986—Subsec. (a)(2). Pub. L. 99–433 substituted "3021" and "8021" for "3033" and "8033", respectively.

Subsec. (g). Pub. L. 99–661, §604(b)(1), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "A member of the Army or the Air Force (other than of the Regular Army or the Regular Air Force) is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever—

"(1) he is called or ordered to active duty (other than for training under section 270(b) of title 10) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or

"(2) he is called or ordered to active duty, or to perform inactive-duty training, for any period of time, and is disabled in line of duty from injury while so employed."

Subsec. (h). Pub. L. 99–661, §604(b)(1), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: "A member of the National Guard is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever he is called or ordered to perform training under section 502, 503, 504, or 505 of title 32—

"(1) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or

"(2) for any period of time, and is disabled in line of duty from injury while so employed."

Subsecs. (i), (j). Pub. L. 99–661, §604(b)(2), (3), redesignated subsec. (j) as (i) and struck out former subsec. (i) which read as follows: "A member of the Naval Reserve, Fleet Reserve, Marine Corps Reserve, Fleet Marine Corps Reserve, or Coast Guard Reserve is entitled to the pay and allowances provided by law or regulation for a member of the Regular Navy, Regular Marine Corps, or Regular Coast Guard, as the case may be, of corresponding grade and length of service, under the same conditions as those described in clauses (1) and (2) of subsection (g) of this section."

1983—Subsec. (j). Pub. L. 98–94 added subsec. (j).

1980—Subsec. (a). Pub. L. 96–513 substituted "The following persons" for "Except for members covered by section 202(i) of this title, the following persons".

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 2000 Amendment

Pub. L. 106–398, §1 [[div. A], title VI, §665(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-169, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to months beginning on or after the date of the enactment of this Act [Oct. 30, 2000]."

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1988 Amendment

Pub. L. 100–456, div. A, title VI, §631(d), Sept. 29, 1988, 102 Stat. 1985, provided that: "The amendments made by this section [amending this section and section 206 of this title] shall apply with respect to persons who, after the date of enactment of this Act [Sept. 29, 1988], incur or aggravate an injury, illness, or disease, or who die as the result of incurring or aggravating an injury, illness, or disease."

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–94 applicable only in cases of injuries incurred or aggravated on or after Sept. 24, 1983, see section 1012(c) of Pub. L. 98–94, set out as an Effective Date note under section 1074a of Title 10, Armed Forces.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

§205. Computation: service creditable

(a) Subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding—

(1) all periods of active service as an officer, Army field clerk, flight officer, aviation midshipman, or enlisted member of a uniformed service;

(2) all periods during which he was enlisted or held an appointment as an officer, Army field clerk, or flight officer of—

(A) a regular component of a uniformed service;

(B) the Regular Army Reserve;

(C) the Organized Militia before July 1, 1916;

(D) the National Guard;

(E) the National Guard Reserve;

(F) a reserve component of a uniformed service;

(G) the Naval Militia;

(H) the National Naval Volunteers;

(I) the Navy Reserve Force;

(J) the Army without specification of component;

(K) the Air Force without specification of component;

(L) the Marine Corps Reserve Force;

(M) the Philippine Scouts; or

(N) the Philippine Constabulary;


(3) for a commissioned officer in service on June 30, 1922, all service that was then counted in computing longevity pay and all service as a contract surgeon serving full time;

(4) all periods during which he held an appointment as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps as it existed at any time before April 16, 1947, the Navy Nurse Corps as it existed at any time before April 16, 1947, or the Public Health Service, or a reserve component of any of them;

(5) all periods during which he was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration;

(6) all periods that, under law in effect on January 10, 1962, were authorized to be credited in computing basic pay; and

(7) all periods while—

(A) on a temporary disability retired list, honorary retired list, or a retired list of a uniformed service;

(B) entitled to retired pay, retirement pay, or retainer pay, from a uniformed service or the Department of Veterans Affairs, as a member of the Fleet Reserve or the Fleet Marine Corps Reserve; or

(C) a member of the Honorary Reserve of the Officers' Reserve Corps or the Organized Reserve Corps.


Except for any period of active service described in clause (1) and except as provided by subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a of title 10, a period of service described in clauses (2) through (7) that is performed while on a retired list, in a retired status, or in the Fleet Reserve or Fleet Marine Corps Reserve, may not be included to increase retired pay, retirement pay, or retainer pay. For the purpose of clause (5), periods during which a member was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration includes periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration or the Coast and Geodetic Survey.

(b) A period of time may not be counted more than once under subsection (a).

(c) The periods of service authorized to be counted under subsection (a) shall, under regulations prescribed by the Secretary concerned, include service performed by a member of a uniformed service before he became 18 years of age.

(d) Notwithstanding subsection (a), a commissioned officer may not count in computing basic pay a period of service after October 13, 1964, that the officer performed concurrently as a member of the Senior Reserve Officers' Training Corps, except for service that the officer performed on or after August 1, 1979, other than for training as an enlisted member of the Selected Reserve may be so counted.

(e)(1) Notwithstanding subsection (a), a period of service described in paragraph (2) of a member who enlists in a reserve component may not be counted under this section.

(2) Paragraph (1) applies to the following service:

(A) Service performed while a member of a reserve component under an enlistment under section 12103(b) or 12103(d) of title 10 before the member begins service on active duty under such section (including a period of active duty for training) unless the member performs inactive-duty training before beginning service on active duty or active duty for training;

(B) Service performed while a member of a reserve component under an enlistment under section 513 of title 10 (other than a period of active duty to which the member is ordered under chapter 1209 of title 10 or another provision of law).


(f) Notwithstanding subsection (a), the periods of service of a commissioned officer appointed under section 12203 of title 10 after receiving financial assistance under section 16401 of such title that are counted under this section may not include a period of service after January 1, 2000, that the officer performed concurrently as an enlisted member of the Marine Corps Platoon Leaders Class program and the Marine Corps Reserve, except that service after that date that the officer performed before commissioning (concurrently with the period of service as a member of the Marine Corps Platoon Leaders Class program) as an enlisted member on active duty or as a member of the Selected Reserve may be so counted.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 458; Pub. L. 88–647, title II, §202(1), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–718, §49(a)(1), (b), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90–623, §3(3), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–545, §2, Dec. 26, 1974, 88 Stat. 1741; Pub. L. 96–342, title VIII, §813(b)(3)(D), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, title IV, §402, title V, §516(3), Dec. 12, 1980, 94 Stat. 2904, 2937; Pub. L. 98–525, title VI, §607(a), Oct. 19, 1984, 98 Stat. 2538; Pub. L. 101–189, div. A, title V, §501(c), Nov. 29, 1989, 103 Stat. 1435; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title V, §517(b), Oct. 23, 1992, 106 Stat. 2407; Pub. L. 103–35, title II, §204(a)(1), May 31, 1993, 107 Stat. 102; Pub. L. 103–337, div. A, title XVI, §1676(b)(2), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104–201, div. A, title V, §507(b), Sept. 23, 1996, 110 Stat. 2512; Pub. L. 105–85, div. A, title X, §1073(b), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106–65, div. A, title V, §551(c), Oct. 5, 1999, 113 Stat. 614; Pub. L. 106–398, §1 [[div. A], title V, §533(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-111; Pub. L. 109–163, div. A, title V, §515(d)(1)(C), Jan. 6, 2006, 119 Stat. 3236.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
205(a) 37:233(a) (less words after 2d semicolon of clause (7)).

37:233(b).

Oct. 12, 1949, ch. 681, §202 (less proviso of (d)), 63 Stat. 807; Apr. 30, 1956, ch. 223, §2, 70 Stat. 121.
205(b) 37:233(a)(7) (words between 2d and 3d semicolons).

37:233(d) (less proviso).

205(c) 37:233(a)(7) (words after 3d semicolon).
205(d) 37:233(c).

In subsection (a), the introductory clause is substituted for section 233(a) (introductory clause) of existing title 37. In clauses (1) and (2), the word "officer" is substituted for the words "commissioned officer, commissioned warrant officer, warrant officer" to conform to the definition of "officer" in section 101(11) of this revised title. In clause (1), the words "Regular or Reserve component" are omitted, since, under the definition of "reserve component" in section 102(k) of the source statute, those words are defined to include members without component status. Together, these categories compose the entire structure of any uniformed service. In clause (2)(F), the words "a reserve component of a uniformed service" are substituted for the words "the National Guard of the United States, or in the Organized Reserve Corps, or in the Officers' Reserve Corps, or in the Enlisted Reserve Corps, or in the Medical Reserve Corps, or in the Medical Reserve Corps of the Navy, or in the Dental Reserve Corps of the Navy . . . or in the Naval Reserve . . . or in the Air National Guard of the United States, or in the Air Force Reserve, or in the officers' section of the Air Force Reserve, or in the enlisted section of the Air Force Reserve, or in the Air Corps Reserve . . . or in the Marine Corps Reserve, or in the Coast Guard Reserve, or in the Reserve Corps of the Public Health Service," since all of the named organizations were or are reserve components. In clause (4), the words "as it existed at any time before April 16, 1947" are inserted for clarity, since the reference is intended to apply to the corps established by law before April 16, 1947. Service in the Army Nurse Corps or Navy Nurse Corps now existing would be included under clause (1) or (2), since there is now no legal distinction between the service of nurses and that of other members of the Army and Navy. In clause (6), the date "January 1, 1961," is substituted for the words "the effective date of this section," to reflect laws enacted after that effective date which authorized certain service to be credited for pay purposes. See, for example, Public Law 86–142. Clause (9) is substituted for section 233(b) (less proviso) of existing title 37. The last sentence is substituted for section 233(b) (proviso) of existing title 37.

In subsection (b), the first 33 words of section 233(d) of existing title 37 are omitted as covered by the words "are computed by adding" in subsection (a). The words "for any reason," in section 233(d) of existing title 37, are omitted as surplusage.

In subsection (c)(3), the words "chapter 67 of title 10" are substituted for the words "title III of the Army and Air Force Vitalization and Retirement Equalization Act of 1948," since that title was repealed by section 53 of the Act of August 10, 1956, ch. 1041 (70A Stat. 641), and is now codified as chapter 67 of title 10 by section 1 of that Act.

Amendments

2006—Subsec. (a)(2)(I). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

2000—Subsec. (f). Pub. L. 106–398 substituted "that the officer performed concurrently as an enlisted member" for "that the officer performed concurrently as a member" and "section 12203" for "section 12209".

1999—Subsec. (f). Pub. L. 106–65 added subsec. (f).

1997—Subsec. (d). Pub. L. 105–85 substituted a comma for the period after "August 1, 1979".

1996—Subsec. (d). Pub. L. 104–201 substituted "for service that the officer performed on or after August 1, 1979." for "that service after July 31, 1990, that the officer performed while serving on active duty".

1994—Subsec. (e)(2)(A). Pub. L. 103–337, §1676(b)(2)(A), substituted "12103(b) or 12103(d)" for "511(b) or 511(d)".

Subsec. (e)(2)(B). Pub. L. 103–337, §1676(b)(2)(B), substituted "chapter 1209" for "chapter 39".

1993—Subsec. (a)(7)(B). Pub. L. 103–35 substituted "the Department of Veterans Affairs" for "the Veterans' Administration".

1992—Subsec. (d). Pub. L. 102–484 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "Notwithstanding subsection (a), a commissioned officer may not count in computing his basic pay any period of service after October 13, 1964, that he performed concurrently as a member of a uniformed service and as a member of the Senior Reserve Officers' Training Corps."

1991—Subsecs. (a) to (c). Pub. L. 102–25 struck out "of this section" and "of this subsection" wherever appearing.

1989—Subsec. (e). Pub. L. 101–189 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Notwithstanding subsection (a) of this section, a period served by a member of a uniformed service in a reserve component under an enlistment under section 511 of title 10 before the member—

"(1) begins service on active duty under subsection (b) of that section, or

"(2) begins an initial period of active duty for training under subsection (d) of that section,

may not be counted under this section."

1984—Subsec. (e). Pub. L. 98–525 added subsec. (e).

1980—Subsec. (a). Pub. L. 96–513, §402(a), struck out in introductory text reference to subsec. (d) of this section, struck out cls. (7) and (8), which provided for the addition of four years for medical and dental officers and one year in addition to the four years for a medical officer who has completed one year of medical internship or the equivalent, respectively, redesignated cl. (9) as (7), and in text following cl. (7), as so redesignated, substituted "subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a" for "section 1402(b)–(d) and section 1402a(a)–(d)", and "clauses (2) through (7)" for "clauses (2)–(9)".

Pub. L. 96–513, §516(3), substituted in cl. (5) "National Oceanic and Atmospheric Administration" for "Environmental Science Service Administration" and in provision following cl. (9) substituted "National Oceanic and Atmospheric Administration" for "Environmental Science Service Administration" and inserted "Environmental Science Service Administration" before "Coast and Geodetic Survey".

Pub. L. 96–342 inserted reference to section 1402a(a)–(d) of title 10.

Subsec. (b). Pub. L. 96–513, §402(b), struck out provisions relating to reduction of amount of service authorized to be credited under cl. (7) or (8) of subsec. (a) of this section.

Subsecs. (c) to (e). Pub. L. 96–513, §402(c), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c), relating to limitations on service credited under cl. (7) or (8) of subsec. (a) of this section, was struck out.

1974—Subsec. (a)(1). Pub. L. 93–545 inserted "aviation midshipman," after "flight officer,".

1968—Subsec. (e). Pub. L. 90–623 substituted "October 13, 1964," for "the enactment of this subsection".

1966—Subsec. (a). Pub. L. 89–718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey" in cl. (5) and inserted provision that, for the purpose of cl. (5), periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration includes periods during which a member was a deck officer or junior engineer in the Coast and Geodetic Survey.

1964—Subsec. (e). Pub. L. 88–647 added subsec. (e).

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, §607(b), Oct. 19, 1984, 98 Stat. 2538, provided that: "The amendment made by subsection (a) [amending this section] shall apply to persons who enlist under section 511 [now 12103] of title 10, United States Code, on or after the first day of the third calendar month which begins after the date of the enactment of this Act [Oct. 19, 1984]."

Effective Date of 1980 Amendment

Amendment by section 402 of Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Amendment by section 516(3) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513.

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.

Inclusion of Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff Among Senior Enlisted Members of the Armed Forces

Pub. L. 109–163, div. A, title VI, §685(a), Jan. 6, 2006, 119 Stat. 3325, as amended by Pub. L. 109–364, div. A, title X, §1071(e)(5), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 113–291, div. A, title VI, §603(a)(2)(A), Dec. 19, 2014, 128 Stat. 3398, provided that:

"(1) Equal treatment.—The rate of basic pay for an enlisted member in the grade E–9 while serving as Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff or as Senior Enlisted Advisor to the Chief of the National Guard Bureau shall be the same as the rate of basic pay for an enlisted member in that grade while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, regardless of cumulative years of service computed under section 205 of title 37, United States Code.

"(2) Effective date.—Paragraph (1) shall apply beginning on the date on which an enlisted member of the Armed Forces is first appointed to serve as Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff."

Transition Provision

Subsec. (f) of this section applicable to certain enlisted members of the Marine Corps Reserve selected for training as an officer candidate under section 12209 of Title 10, Armed Forces, before implementation of a financial assistance program under section 16401 of Title 10, see section 551(d) of Pub. L. 106–65, set out as a note under section 16401 of Title 10.

Benefits Not To Accrue for Periods Prior to September 23, 1996

No increase in pay or retired or retainer pay to accrue for periods before Sept. 23, 1996, by reason of amendments made by section 507 of Pub. L. 104–201, see section 507(c) of Pub. L. 104–201, set out as a note under section 2106 of Title 10, Armed Forces.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513, and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. (particularly §625) of Pub. L. 96–513, set out as a note under section 611 of Title 10, Armed Forces.

§206. Reserves; members of National Guard: inactive-duty training

(a) Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard or a member of a reserve component of a uniformed service who is not entitled to basic pay under section 204 of this title, is entitled to compensation, at the rate of 1/30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay—

(1) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday;

(2) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe; or

(3) for a regular period of instruction that the member is scheduled to perform but is unable to perform because of physical disability resulting from an injury, illness, or disease incurred or aggravated—

(A) in line of duty while performing—

(i) active duty; or

(ii) inactive-duty training;


(B) while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member); or

(C) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.


(b) The regulations prescribed under subsection (a) for each uniformed service, the National Guard, and each of the classes of organization of the reserve components within each uniformed service, may be different. The Secretary concerned shall, for the National Guard and each of the classes of organization within each uniformed service, prescribe—

(1) minimum standards that must be met before an assembly for drill or other equivalent period of training, instruction, duty, or appropriate duties may be credited for pay purposes, and those standards may require the presence for duty of officers and enlisted members in numbers equal to or more than a minimum number or percentage of the unit strength for a specified period of time with participation in a prescribed kind of training;

(2) the maximum number of assemblies or periods of other equivalent training, instruction, duty, or appropriate duties, that may be counted for pay purposes in each fiscal year or in lesser periods of time; and

(3) the minimum number of assemblies or periods of other equivalent training, instruction, duty, or appropriate duties that must be completed in stated periods of time before the members of units or organizations can qualify for pay.


(c) A person enlisted in the inactive National Guard is not entitled to pay under this section.

(d)(1) Except as provided in paragraph (2), this section does not authorize compensation for work or study performed by a member of a reserve component or by a member of the National Guard while not in Federal service in connection with correspondence courses of a uniformed service.

(2) A member of the Selected Reserve of the Ready Reserve may be paid compensation under this section at a rate and under terms determined by the Secretary of Defense, but not to exceed the rate otherwise applicable to the member under subsection (a), upon the member's successful completion of a course of instruction undertaken by the member using electronic-based distributed learning methodologies to accomplish training requirements related to unit readiness or mobilization, as directed for the member by the Secretary concerned. The compensation may be paid regardless of whether the course of instruction was under the direct control of the Secretary concerned or included the presence of an instructor.

(3) The prohibition in paragraph (1), including the prohibition as it relates to a member of the National Guard while not in Federal service, applies to—

(A) any work or study performed on or after September 7, 1962, unless that work or study is specifically covered by the exception in paragraph (2); and

(B) any claim based on that work or study arising after that date.


(e) A member of the National Guard or of a reserve component of the uniformed services may not be paid under this section for more than four periods of equivalent training, instruction, duty, or appropriate duties performed during a fiscal year instead of the member's regular period of instruction or regular period of appropriate duty during that fiscal year.

(f) A member of the Individual Ready Reserve is not entitled to compensation under this section for participation in screening for which the member is paid a stipend under section 433a of this title.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 98–525, title XIV, §1402(a), Oct. 19, 1984, 98 Stat. 2620; Pub. L. 99–661, div. A, title VI, §604(c), Nov. 14, 1986, 100 Stat. 3876; Pub. L. 100–456, div. A, title VI, §631(c), Sept. 29, 1988, 102 Stat. 1985; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title VII, §702(d), Feb. 10, 1996, 110 Stat. 371; Pub. L. 105–85, div. A, title V, §513(g), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107–107, div. A, title V, §513(e), title VI, §603(a), Dec. 28, 2001, 115 Stat. 1093, 1133; Pub. L. 109–163, div. A, title VI, §604, Jan. 6, 2006, 119 Stat. 3287; Pub. L. 109–364, div. A, title VI, §607, Oct. 17, 2006, 120 Stat. 2247; Pub. L. 110–181, div. A, title VI, §633(b), Jan. 28, 2008, 122 Stat. 155.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
206(a) 37:301(a) (less 45 words before proviso and proviso).

37:301(e) (as applicable to basic pay).

Oct. 12, 1949, ch. 681, §501(a) (less 45 words before proviso), (b) (less 1st sentence), (e) (as applicable to basic pay), 63 Stat. 825, 827; Aug. 10, 1956, ch. 1041, §20(e), (f), 70A Stat. 629; June 30, 1960, Pub. L. 86–559, §8, 74 Stat. 282.
206(b) 37:301(a) (proviso).
206(c) 32:303(c). [None.]
206(d) 37:301(b) (less 1st sentence).

In subsection (a), the words "National Guard" are substituted for the words "National Guard, Air National Guard", in section 301(a) of existing title 37, to conform to the definition of "National Guard" in section 101(6) of this revised title. The words "member of a reserve component of a uniformed service" are substituted for the words "National Guard of the United States, Air National Guard of the United States, Organized Reserve Corps, Naval Reserve, Air Force Reserve, Marine Corps Reserve, Coast Guard Reserve, and the Reserve Corps of the Public Health Service," since all of those organizations, or their successors, are the reserve components of the uniformed services. The words "who is not entitled to basic pay under section 204 of this title" are substituted for section 301(e) as (applicable to basic pay) of existing title 37. The words "of a corresponding grade" are inserted for clarity.

In subsection (b), the words "National Guard or reserve components" are substituted for the listing of organizations for the reasons set forth above. Reference to "classes of organization," so far as they relate to the National Guard, are omitted, since there are no classes of organization of the National Guard.

Prior Provisions

Provisions similar to those comprising subsec. (e) of this section were contained in the following appropriation acts:

Pub. L. 98–473, title I, §101(h) [title VIII, §8020], Oct. 12, 1984, 98 Stat. 1904, 1927.

Pub. L. 98–212, title VII, §722, Dec. 8, 1983, 97 Stat. 1442.

Pub. L. 97–377, title I, §101(c) [title VII, §725], Dec. 21, 1982, 96 Stat. 1833, 1855.

Pub. L. 97–114, title VII, §725, Dec. 29, 1981, 95 Stat. 1583.

Pub. L. 96–527, title VII, §726, Dec. 15, 1980, 94 Stat. 3086.

Pub. L. 96–154, title VII, §726, Dec. 21, 1979, 93 Stat. 1157.

Pub. L. 95–457, title VIII, §826, Oct. 13, 1978, 92 Stat. 1248.

Amendments

2008—Subsec. (f). Pub. L. 110–181 added subsec. (f).

2006—Subsec. (d)(1). Pub. L. 109–163 inserted "or by a member of the National Guard while not in Federal service" after "reserve component".

Subsec. (d)(3). Pub. L. 109–364 added par. (3).

2001—Subsec. (a)(3)(C). Pub. L. 107–107, §513(e), struck out ", if the site is outside reasonable commuting distance from the member's residence" before period at end.

Subsec. (d). Pub. L. 107–107, §603(a), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), this section" for "This section" and "a uniformed service" for "an armed force", and added par. (2).

1997—Subsec. (a)(3)(C). Pub. L. 105–85 inserted "while remaining overnight immediately before the commencement of inactive-duty training, or" after "in line of duty".

1996—Subsec. (a)(3)(C). Pub. L. 104–106 added subpar. (C).

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

1988—Subsec. (a)(3)(A)(i). Pub. L. 100–456 struck out "for a period of 30 days or less" after "active duty".

1986—Subsec. (a). Pub. L. 99–661, substituted "entitled to basic pay—" and pars. (1) to (3) for "entitled to basic pay, for each regular period of instruction, or period of appropriate duty, at which he is engaged for at least two hours, including that performed on a Sunday or holiday, or for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe."

1984—Subsec. (e). Pub. L. 98–525 added subsec. (e).

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–456 applicable with respect to persons who, after Sept. 29, 1988, incur or aggravate an injury, illness, or disease, or who die as the result of incurring or aggravating an injury, illness, or disease, see section 631(d) of Pub. L. 100–456, set out as a note under section 204 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–525 effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of Title 10, Armed Forces.

§207. Band leaders

(a) The leader of the Army Band is entitled to the basic pay of a captain in the Army.

(b) The leader of the United States Navy Band is entitled to the basic pay of a lieutenant in the Navy.

(c) A member of the Marine Corps who is appointed as director or assistant director of the United States Marine Band under section 6222 of title 10 is entitled, while serving thereunder, only to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less that to which he was entitled at the time of his appointment under that section.

(d) The leader of the Naval Academy Band is entitled to the basic pay of the grade the Secretary of the Navy prescribes. The second leader is entitled to the basic pay of a warrant officer, W–1.

(e) The director of the Coast Guard Band is entitled to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less than that to which he was entitled at the time of his appointment as director.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 89–189, §2, Sept. 17, 1965, 79 Stat. 820; Pub. L. 95–551, §3(b)(1), Oct. 30, 1978, 92 Stat. 2069.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
207(a) 10:3536(b) (as applicable to basic pay). [None.]
207(b) 10:4338(a) (as applicable to basic pay). [None.]
207(c) 10:6221(b) (as applicable to basic pay). [None.]
207(d) 10:6222(e) (as applicable to basic pay). [None.]
207(e) 10:6969(b) (less last sentence, as applicable to basic pay). [None.]

In subsection (a), the last 22 words of section 3536(b) of title 10 are omitted as covered by section 205 of this revised title.

In subsection (b), the last sentence of section 4338(a) of title 10 is omitted as covered by section 205 of this revised title.

In subsection (c), the last 22 words of section 6221(b) of title 10 are omitted as covered by section 205 of this revised title.

In subsection (e), the 2d sentence of section 6969(b) of title 10 is omitted as covered by section 205 of this revised title.

Amendments

1978—Subsec. (b). Pub. L. 95–551 redesignated former subsec. (c) as (b). Former subsec. (b), which provided that the director of music at the United States Military Academy be entitled to the basic pay of a commissioned officer of the rank prescribed for the director by the Secretary of the Army, was struck out.

Subsecs. (c) to (e). Pub. L. 95–551 redesignated former subsecs. (d) to (f) as (c) to (e), respectively.

Subsec. (f). Pub. L. 95–551 redesignated former subsec. (f) as (e).

1965—Subsec. (f). Pub. L. 89–189 added subsec. (f).

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.

[§208. Repealed. Pub. L. 91–482, §1(b), Oct. 21, 1970, 84 Stat. 1082]

Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461, provided that an officer furloughed under section 6406 of Title 10, Armed Forces, was entitled to pay at the rate of one-half of the basic pay to which he was entitled at the time of being furloughed.

§209. Members of precommissioning programs

(a) Senior ROTC Members in Advanced Training.—(1) Except when on active duty, a member of the Senior Reserve Officers' Training Corps who is selected for advance training under section 2104 of title 10 is entitled to a monthly subsistence allowance at a rate prescribed under paragraph (2) beginning on the day he starts advanced training and ending upon the completion of his instruction under that section, but in no event shall any member receive such pay for more than 30 months.

(2) The Secretary of Defense shall prescribe by regulation the monthly rates for subsistence allowances provided under this section. The rate may not be less than $250 per month, but may not exceed $674 per month.

(3) A subsistence allowance under this section may not be considered financial assistance requiring additional service within the meaning of the third sentence of section 6(d)(1) of the Military Selective Service Act (50 U.S.C. 3806(d)(1)).

(b) Senior ROTC Members Appointed in Reserves.—Except when on active duty, a cadet or midshipman appointed under section 2107 of title 10 is entitled to a monthly subsistence allowance at a rate prescribed under subsection (a). A member enrolled in the first two years of a four-year program is entitled to receive subsistence for a maximum of twenty months. A member enrolled in the advanced course is entitled to subsistence as prescribed for a member enrolled under section 2104 of title 10 as prescribed in subsection (a).

(c) Nonscholarship Senior ROTC Members Not in Advanced Training.—A member of the Selected Reserve Officers' Training Corps who has entered into an agreement under section 2103a of title 10 is entitled to a monthly subsistence allowance at a rate prescribed under subsection (a). That allowance may be paid to the member by reason of such agreement for a maximum of 20 months.

(d) Pay While Attending Training or Practice Cruise.—Each cadet or midshipman in the Senior Reserve Officers' Training Corps, while he is attending training or practice cruises under chapter 103 of title 10 if the training or cruise is of at least four weeks duration and must be completed before the cadet or midshipman is commissioned, and each applicant for membership in the Senior Reserve Officers' Training Corps, while he is attending field training or practice cruises to satisfy the requirements of section 2104(b)(6)(B) of title 10 for admission to advanced training, is entitled, while so attending, to pay at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies under section 203(c) of this title, except that the rate for a cadet or midshipman who is a member of the regular component of an armed force shall be the rate of basic pay applicable to the member under section 203 of this title.

(e) Members of Marine Corps Officer Candidate Program.—Except when serving on active duty, a member who is enrolled in a Marine Corps officer candidate program which requires a baccalaureate degree as a prerequisite to being commissioned as an officer and who is not enrolled in a program established under chapter 103 of title 10 or an academy established under chapter 403, 603, or 903 of title 10 may be paid a subsistence allowance at a monthly rate prescribed under subsection (a) for a member of the Senior Reserve Officers' Training Corps who is selected for advanced training under section 2104 of title 10.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88–647, title II, §202(2), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–51, §3, June 28, 1965, 79 Stat. 173; Pub. L. 89–718, §51, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92–171, §1, Nov. 24, 1971, 85 Stat. 490; Pub. L. 95–79, title III, §302(a)(3), July 30, 1977, 91 Stat. 326; Pub. L. 96–342, title VIII, §811(a), Sept. 8, 1980, 94 Stat. 1098; Pub. L. 96–513, title V, §516(4), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, §8, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 98–94, title X, §1003(a)(4), Sept. 24, 1983, 97 Stat. 656; Pub. L. 100–456, div. A, title VI, §633(d), Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101–189, div. A, title VI, §653(d), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, §603(a), Oct. 5, 1994, 108 Stat. 2782; Pub. L. 106–65, div. A, title V, §546(a), Oct. 5, 1999, 113 Stat. 608; Pub. L. 106–398, §1 [[div. A], title VI, §612(b), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-150; Pub. L. 107–107, div. A, title V, §535(b), Dec. 28, 2001, 115 Stat. 1107; Pub. L. 107–314, div. A, title X, §1062(g)(2), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–136, div. A, title V, §523(a), Nov. 24, 2003, 117 Stat. 1463; Pub. L. 114–328, div. A, title X, §1081(b)(1)(B), Dec. 23, 2016, 130 Stat. 2418.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
209(a) 10:6904(b). [None.]
209(b) 10:6905(b). [None.]
209(c) 10:6906(c) (1st sentence, as applicable to pay). [None.]

Amendments

2016—Subsec. (a)(3). Pub. L. 114–328, which directed substitution of "(50 U.S.C. 3806(d)(1))" for "(50 U.S.C. App. 456(d)(1))" in par. (1), was executed by making the substitution in par. (3) to reflect the probable intent of Congress.

2003—Subsecs. (c) to (e). Pub. L. 108–136 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

2002—Subsec. (d). Pub. L. 107–314 amended Pub. L. 106–398, §1 [[div. A], title VI, §612(c)(4)(B)]. See 2000 Amendment note below.

2001—Subsec. (c). Pub. L. 107–107 inserted before period at end ", except that the rate for a cadet or midshipman who is a member of the regular component of an armed force shall be the rate of basic pay applicable to the member under section 203 of this title".

2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title VI, §612(b), (c)(1)], inserted heading, designated first sentence as par. (1), substituted "monthly subsistence allowance at a rate prescribed under paragraph (2)" for "subsistence allowance of $200 a month", added par. (2), designated last sentence as par. (3), and substituted "A subsistence" for "Subsistence".

Subsec. (b). Pub. L. 106–398, §1 [[div. A], title VI, §612(c)(2)], inserted heading and substituted "at a rate prescribed under subsection (a)" for "in the amount provided in subsection (a)" in text.

Subsec. (c). Pub. L. 106–398, §1 [[div. A], title VI, §612(c)(3)], inserted heading.

Subsec. (d). Pub. L. 106–398, §1 [[div. A], title VI, §612(c)(4)(B)], as amended by Pub. L. 107–314, substituted "a monthly rate prescribed under subsection (a)" for "the same rate as that prescribed by subsection (a)".

Pub. L. 106–398, §1 [[div. A], title VI, §612(c)(4)(A)], inserted heading.

1999—Subsec. (a). Pub. L. 106–65 substituted "$200 a month" for "$150 a month".

1994—Subsec. (a). Pub. L. 103–337 substituted "$150 a month" for "$100 a month".

1991—Subsecs. (b) and (d). Pub. L. 102–25 struck out "of this section" after "subsection (a)" wherever appearing.

1989—Subsec. (c). Pub. L. 101–189 which directed striking out the period after "title 10" the first place it appears, was executed by striking the period after "the cadet or midshipman is commissioned" to reflect the probable intent of Congress.

1988—Subsec. (c). Pub. L. 100–456 substituted "training or practice cruises under chapter 103 of title 10 if the training or cruise is of at least four weeks duration and must be completed before the cadet or midshipman is commissioned." for "field training or practice cruises under section 2109 of title 10".

1983—Subsec. (a). Pub. L. 98–94 substituted "30 months" for "20 months".

1980—Subsec. (a). Pub. L. 96–513 substituted "section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1))" for "section 456(d)(1) of title 50, appendix".

Subsec. (d). Pub. L. 96–579 struck out par. (1) designation and par. (2) prohibiting payment of subsistence allowance for any period after Sept. 30, 1982.

Pub. L. 96–342 added subsec. (d).

1977—Pub. L. 95–79, §302(a)(3)(B), substituted "Members of precommissioning programs" for "Members of Senior Reserve Officers' Training Corps" in section catchline.

Subsec. (c). Pub. L. 95–79, §302(a)(3)(A), substituted provisions authorizing rates of pay for cadets and midshipmen in the Senior Reserve Officers' Training Corps and applicants for membership in the Corps to be computed under section 203(c) of this title, for provisions authorizing rates of pay for members of the Senior Reserve Officers' Training Corps to be computed under section 201(c) of this title and for applicants for membership in the Corps to be computed under section 203 of this title for enlisted members in pay grade E–1.

1971—Subsec. (a). Pub. L. 92–171, §1(1), substituted "a subsistence allowance of $100 a month" for "subsistence allowance at the rate of not less than $40 per month or more than $50 per month".

Subsec. (b). Pub. L. 92–171, §1(2), substituted "a monthly subsistence allowance in the amount provided in subsection (a) of this section. A member enrolled in the first two years of a four-year program is entitled to receive subsistence for a maximum of twenty months. A member enrolled in the advanced course is entitled to subsistence as prescribed for a member enrolled under section 2104 of title 10 as prescribed in subsection (a) of this section." for "subsistence allowance at the rate of $50 a month beginning on the day that he starts his first term of college work under that section and ending upon the completion of his instruction under that section, but not for more than four years."

1966—Subsec. (a). Pub. L. 89–718, §51(1), struck out ", United States Code," after "section 2104 of title 10", and substituted "20" for "twenty" and "section 456(d)(1) of title 50, appendix" for "section 6(d)(1) of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 456(d)(1))".

Subsec. (c). Pub. L. 89–718, §51(2), struck out ", United States Code," after "section 2104(b)(6)(B) of title 10".

1965—Subsec. (a). Pub. L. 89–51 substituted "subsistence allowance" and "Subsistence allowance" for "retainer pay" and "Retainer pay", respectively.

Subsec. (b). Pub. L. 89–51 substituted "subsistence allowance" for "retainer pay".

1964—Pub. L. 88–647 substituted provisions which grant a trainee under section 2104 of title 10, retainer pay of from $40 to $50 monthly for his instruction period under said section 2104, limited to not more than 20 months, provide that such assistance does not fall within section 456(d)(1) of title 50 App., grant cadets or midshipmen under section 2107 of title 10 retainer pay, limited to not more than 4 years, authorize pay for trainees attending field training or practice cruises under section 2109 of title 10 at the rate prescribed for cadets and midshipmen at the military academies under section 201(c) of this title, and pay for applicants attending field training or practice cruises to satisfy section 2104(b)(6)(B) of title 10, as in section 203 of this title for enlisted men grade E–1, for provisions entitling midshipmen appointed under section 6904 of title 10 to $50 a month for his instruction period up to 4 academic years, seamen recruits under section 6905 of title 10 to $50 monthly for his instruction period under said section 6905, and midshipmen in flight training or on flight duty under section 6906 of title 10 to pay as for midshipmen at the Naval Academy plus an amount equal to 50 percent of his pay for flight duty.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–136 effective Jan. 1, 2004, see section 523(c) of Pub. L. 108–136, set out as an Effective Date note under section 2103a of Title 10, Armed Forces.

Effective Date of 2002 Amendment

Pub. L. 107–314, div. A, title X, §1062(g), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(g)(2) is effective as of Oct. 30, 2000, and as if included in Pub. L. 106–398 as enacted.

Effective Date of 2000 Amendment

Amendment by section 1 [[div. A], title VI, §612(b)] of Pub. L. 106–398 effective Oct. 1, 2001, see section 1 [[div. A], title VI, §612(d)] of Pub. L. 106–398, set out as a note under section 203 of this title.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title V, §546(b), Oct. 5, 1999, 113 Stat. 608, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999."

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title VI, §603(b), Oct. 5, 1994, 108 Stat. 2782, provided that:

"(1) Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall apply with respect to months beginning after August 31, 1995.

"(2) Upon the approval of the Secretary of Defense, the Secretary of a military department may implement such amendments at an earlier date with respect to members of the Senior Reserve Officers' Training Corps under the jurisdiction of the Secretary if funds are available for the monthly subsistence allowances authorized by such amendments."

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–456 applicable with respect to training performed after Sept. 30, 1988, see section 633(e) of Pub. L. 100–456, set out as a note under section 2109 of Title 10, Armed Forces.

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 1971 Amendment

Pub. L. 92–171, §2, Nov. 24, 1971, 85 Stat. 490, provided that: "The amendments made by this Act [amending this section] shall become effective on July 1, 1971."

Effective Date of 1965 Amendment

Amendment by Pub. L. 89–51 effective Oct. 13, 1964, see section 4 of Pub. L. 89–51, set out as a note under section 2109 of Title 10, Armed Forces.

Subsistence Allowances for Members of the Marine Corps Officer Candidate Programs

Pub. L. 92–172, Nov. 24, 1971, 85 Stat. 491, as amended by Pub. L. 94–361, title VI, §604, July 14, 1976, 90 Stat. 929; Pub. L. 95–79, title VIII, §806, July 30, 1977, 91 Stat. 334; Pub. L. 95–485, title VIII, §803, Oct. 20, 1978, 92 Stat. 1620, which provided that until Sept. 30, 1980, except when on active duty, a member enrolled in a Marine Corps officer candidate program which required a baccalaureate degree as a prerequisite to being commissioned as a regular or reserve officer, and who was not enrolled in a program or an academy established under chapter 103, 403, 603, or 903 of Title 10, Armed Forces, could be paid a subsistence allowance at the same rate as that prescribed by subsec. (a) of this section, was repealed by Pub. L. 96–342, title VIII, §811(b), Sept. 8, 1980, 94 Stat. 1098. See subsec. (d) of this section.

§210. Pay of senior enlisted members during terminal leave and while hospitalized

(a) A noncommissioned officer of an armed force who, immediately following the completion of service as the senior enlisted member of that armed force or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau, is placed on terminal leave pending retirement shall be entitled, for not more than 60 days while in such status, to the rate of basic pay authorized for the senior enlisted member of that armed force.

(b) A noncommissioned officer of an armed force who is hospitalized and who, during or immediately before such hospitalization, completed service as the senior enlisted member of that armed force, shall continue to be entitled, for not more than 180 days while so hospitalized, to the rate of basic pay authorized for the senior enlisted member of that armed force.

(c) In this section, the term "senior enlisted member" means the following:

(1) The Sergeant Major of the Army.

(2) The Master Chief Petty Officer of the Navy.

(3) The Chief Master Sergeant of the Air Force.

(4) The Sergeant Major of the Marine Corps.

(5) The Master Chief Petty Officer of the Coast Guard.

(Added Pub. L. 102–190, div. A, title VI, §606(a), Dec. 5, 1991, 105 Stat. 1374; amended Pub. L. 104–201, div. A, title VI, §603(a), (b)(1), Sept. 23, 1996, 110 Stat. 2540; Pub. L. 109–163, div. A, title VI, §685(b), Jan. 6, 2006, 119 Stat. 3325; Pub. L. 109–364, div. A, title X, §1071(c)(1), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 113–291, div. A, title VI, §603(b), Dec. 19, 2014, 128 Stat. 3398.)

Amendments

2014—Subsec. (a). Pub. L. 113–291, §603(b)(1), inserted "or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau" after "that armed force" the first place appearing.

Subsec. (c)(6). Pub. L. 113–291, §603(b)(2), struck out par. (6) which read as follows: "The Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff."

2006—Subsec. (c)(6). Pub. L. 109–364 substituted "Advisor to" for "Advisor for".

Pub. L. 109–163 added par. (6).

1996—Pub. L. 104–201, §603(b)(1), substituted "Pay of senior enlisted members during terminal leave and while hospitalized" for "Pay of the senior noncommissioned officer of an armed force during terminal leave" in section catchline.

Subsecs. (b), (c). Pub. L. 104–201, §603(a), added subsec. (b) and redesignated former subsec. (b) as (c).

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–291 effective on Dec. 19, 2014 and applicable with respect to months of service that begin on or after that date, see section 603(e) of Pub. L. 113–291, set out as a note under section 1406 of Title 10, Armed Forces.

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.

§211. Participation in Thrift Savings Plan

(a) Definition.—In this section, the term "member" means—

(1) a member of the uniformed services serving on active duty; and

(2) a member of the Ready Reserve in any pay status.


(b) Authority.—Any member may participate in the Thrift Savings Plan in accordance with section 8440e of title 5.

(c) Rule of Construction Regarding Separation.—For purposes of subchapters III and VII of chapter 84 of title 5, each of the following actions shall, in the case of a member participating in the Thrift Savings Plan in accordance with section 8440e of such title, be considered a separation from Government employment:

(1) Release of the member from active duty, not followed, before the end of the 31-day period beginning on the day following the effective date of the release, by—

(A) a resumption of active duty; or

(B) an appointment to a position covered by chapter 83 or 84 of title 5 or an equivalent retirement system, as identified by the Executive Director (appointed by the Federal Retirement Thrift Investment Board) in regulations.


(2) Transfer of the member to inactive status, or to a retired list pursuant to any provision of title 10.


(d) Agency Contributions for Retention in Critical Specialties and First-Time Enlistees.—(1) The Secretary concerned may enter into an agreement with a member to make contributions to the Thrift Savings Fund for the benefit of the member if the member—

(A)(i) is in a specialty designated by the Secretary as critical to meet requirements (whether such specialty is designated as critical to meet wartime or peacetime requirements); and

(ii) commits in such agreement to continue to serve on active duty in that specialty for a period of 6 years; or

(B) is enlisting in the armed forces for the first time and the period of the member's enlistment is not less than two years.


(2) Under any agreement entered into with a member under paragraph (1)(A), the Secretary shall make contributions to the Fund for the benefit of the member for each pay period of the 6-year period of the agreement for which the member makes a contribution to the Fund under section 8440e of title 5 (other than under subsection (d)(2) thereof).

(3) In the case of a member described by paragraph (1)(B), the Secretary shall make contributions to the Fund for the benefit of the member for each pay period of the enlistment of the member described in that paragraph for which the member makes a contribution to the Fund under section 8440e of title 5 (other than under subsection (d)(2) thereof).

(4) Paragraph (2) of section 8432(c) of title 5 applies to the Secretary's obligation to make contributions under this subsection, except that the reference in such paragraph (2) to contributions under paragraph (1) of such section 8432(c) does not apply.

(e) Repayment of Amounts Borrowed From Member Account.—If a loan is issued to a member under section 8433(g) of title 5 from funds in the member's account in the Thrift Savings Plan, repayment of the loan may be required on the same semi-monthly basis as authorized for contributions to the Thrift Savings Fund on behalf of the member under section 1014(c) of this title.

(Added and amended Pub. L. 106–65, div. A, title VI, §§661(a)(1)(A), 662, Oct. 5, 1999, 113 Stat. 670, 672; Pub. L. 109–163, div. A, title VI, §605, Jan. 6, 2006, 119 Stat. 3287; Pub. L. 110–181, div. A, title VI, §605(b), Jan. 28, 2008, 122 Stat. 146; Pub. L. 114–92, div. A, title VI, §632(e)(1), Nov. 25, 2015, 129 Stat. 847.)

Amendment of Section

Pub. L. 114–92, div. A, title VI, §§632(e)(1), 635, Nov. 25, 2015, 129 Stat. 847, 851, provided that, effective Jan. 1, 2018, with certain implementation requirements, this section is amended by striking subsection (d) and redesignating subsection (e) as subsection (d). See 2015 Amendment note below.

Amendments

2015—Subsecs. (d), (e). Pub. L. 114–92 redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to agency contributions for retention in critical specialties and first-time enlistees.

2008—Subsec. (e). Pub. L. 110–181 added subsec. (e).

2006—Subsec. (d). Pub. L. 109–163, §605(b), inserted "and First-Time Enlistees" after "Specialties" in heading.

Subsec. (d)(1). Pub. L. 109–163, §605(a)(1), designated existing provisions of subpar. (A) as cl. (i), redesignated former subpar. (B) as cl. (ii) of subpar. (A) and substituted "; or" for period at end, and added a new subpar. (B).

Subsec. (d)(2) to (4). Pub. L. 109–163, §605(a)(2)–(4), substituted "member under paragraph (1)(A)" for "member under paragraph (1)" in first sentence of par. (2), added par. (3), designated second sentence of par. (2) as (4), and in par. (4) substituted "this subsection" for "this paragraph".

1999—Subsec. (d). Pub. L. 106–65, §662, added subsec. (d).

Effective Date of 2015 Amendment; Implementation

Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.

Effective Date

Section and amendment by Pub. L. 106–65 effective 180 days after Oct. 30, 2000, unless postponed, see section 663 of Pub. L. 106–65, as amended, set out as a note under section 8440e of Title 5, Government Organization and Employees.

Pilot Program on Contributions to Thrift Savings Plan for Initial Enlistees in the Army

Pub. L. 109–163, div. A, title VI, §606, Jan. 6, 2006, 119 Stat. 3287, as amended by Pub. L. 109–364, div. A, title VI, §608, title X, §1071(e)(3), Oct. 17, 2006, 120 Stat. 2247, 2401, provided that:

"(a) Pilot Program Required.—During the period beginning on January 6, 2006, and ending on December 31, 2008, the Secretary of the Army shall use the authority provided by section 211(d)(1)(B) of title 37, United States Code, as amended by section 605, to carry out within the Army a pilot program in order to assess the extent to which contributions by the Secretary to the Thrift Savings Fund on behalf of members of the Army described in subsection (b) would—

"(1) assist the Army in recruiting efforts; and

"(2) assist such members in establishing habits of financial responsibility during their initial enlistment in the Armed Forces.

"(b) Covered Members.—To be eligible to participate in the pilot program under subsection (a), a member of the Army must be serving under an initial enlistment for a period of not less than two years.

"(c) Contributions to Thrift Savings Fund.—

"(1) In general.—The Secretary of the Army may make contributions to the Thrift Savings Fund on behalf of any participant in the pilot program under subsection (a) for any pay period during the period of the pilot program.

"(2) Limitations.—The amount of any contributions made with respect to a member under paragraph (1) shall be subject to the provisions of section 8432(c) of title 5, United States Code.

"(d) Report.—

"(1) In general.—Not later than February 1, 2008, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the pilot program under subsection (a).

"(2) Elements.—The report shall include the following:

"(A) A description of the pilot program, including the number of members of the Army who participated in the pilot program and the contributions made by the Army to the Thrift Savings Fund on behalf of such members during the period of the pilot program.

"(B) An assessment, based on the pilot program and taking into account the views of officers and senior enlisted personnel of the Army, and of field recruiters, of the extent to which contributions by the military departments to the Thrift Savings Fund on behalf of members of the Armed Forces similar to the participants in the pilot program—

"(i) would enhance the recruiting efforts of the Armed Forces; and

"(ii) would assist such members in establishing habits of financial responsibility during their initial enlistment in the Armed Forces."

§212. Advancement of basic pay: members deployed in combat zone for more than one year

(a) Eligibility; Amount Advanced.—If a member of the armed forces is assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available and the assignment is pursuant to orders specifying an assignment of one year or more (or the assignment is extended beyond one year), the member may request, during the period of the assignment, the advanced payment of not more than three months of the basic pay of the member.

(b) Consideration of Request.—A request by a member described in subsection (a) for the advanced payment of a single month of basic pay shall be granted. The Secretary concerned may grant a member's request for a second or third month of advanced basic pay during the assignment upon a showing of financial hardship.

(c) Recoupment of Advanced Pay.—The Secretary concerned shall recoup an advance made on the basic pay of a member under this section in equal installments over a one-year period beginning as provided in subsection (d). If the member is serving on active duty for any month during the recoupment period, the amount of the installment for the month shall be deducted from the basic pay of the member for that month. The estate of a deceased member shall not be required to repay any portion of the advanced pay paid to the member and not repaid before the death of the member.

(d) Commencement of Recoupment.—The recoupment period for an advancement of basic pay to a member under this section shall commence on the first day of the first month beginning on or after the date on which the member receives the advanced pay.

(Added Pub. L. 108–375, div. A, title VI, §606(a), Oct. 28, 2004, 118 Stat. 1945; amended Pub. L. 114–328, div. A, title VI, §618(h)(1), Dec. 23, 2016, 130 Stat. 2160.)

Amendments

2016—Subsec. (a). Pub. L. 114–328 inserted ", or paragraph (1) or (3) of section 351(a)," after "section 310".

CHAPTER 5—SPECIAL AND INCENTIVE PAYS

SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES

Sec.
301.
Incentive pay: hazardous duty.
301a.
Incentive pay: aviation career.
301b.
Special pay: aviation career officers extending period of active duty.
301c.
Incentive pay: submarine duty.
301d.
Multiyear retention bonus: medical officers of the armed forces.
301e.
Multiyear retention bonus: dental officers of the armed forces.
302.
Special pay: medical officers of the armed forces.
302a.
Special pay: optometrists.
302b.
Special pay: dental officers of the armed forces.
302c.
Special pay: psychologists and nonphysician health care providers.
302c–1.
Special pay: accession and retention bonuses for psychologists.
302d.
Special pay: accession bonus for registered nurses.
302e.
Special pay: nurse anesthetists.
302f.
Special pay: reserve, recalled, or retained health care officers.
302g.
Special pay: Selected Reserve health care professionals in critically short wartime specialties.
302h.
Special pay: accession bonus for dental officers.
302i.
Special pay: pharmacy officers.
302j.
Special pay: accession bonus for pharmacy officers.
302k.
Special pay: accession bonus for medical officers in critically short wartime specialties.
302l.
Special pay: accession bonus for dental specialist officers in critically short wartime specialties.
303.
Special pay: veterinarians.
303a.
Special pay: general provisions.
303b.
Waiver of board certification requirements.
304.
Special pay: diving duty.
305.
Special pay: hardship duty pay.
305a.
Special pay: career sea pay.
305b.
Special pay: service as member of Weapons of Mass Destruction Civil Support Team.
306.
Special pay: officers holding positions of unusual responsibility and of critical nature.
306a.
Special pay: members assigned to international military headquarters.
307.
Special pay: special duty assignment pay for enlisted members.
307a.
Special pay: assignment incentive pay.
308.
Special pay: reenlistment bonus.
[308a.
Repealed.]
308b.
Special pay: reenlistment bonus for members of the Selected Reserve.
308c.
Special pay: bonus for affiliation or enlistment in the Selected Reserve.
308d.
Special pay: members of the Selected Reserve assigned to certain high priority units.
[308e, 308f. Repealed.]
308g.
Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve.
308h.
Special pay: bonus for reenlistment, enlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve.
308i.
Special pay: prior service enlistment bonus.
308j.
Special pay: affiliation bonus for officers in the Selected Reserve.
309.
Special pay: enlistment bonus.
310.
Special pay: duty subject to hostile fire or imminent danger.
[311.
Repealed.]
312.
Special pay: nuclear-qualified officers extending period of active service.
[312a.
Repealed.]
312b.
Special pay: nuclear career accession bonus.
312c.
Special pay: nuclear career annual incentive bonus.
[313.
Repealed.]
314.
Special pay or bonus: qualified members extending duty at designated locations overseas.
315.
Special pay: engineering and scientific career continuation pay.
316.
Special pay: bonus for members with foreign language proficiency.
316a.
Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency.
317.
Special pay: officers in critical acquisition positions extending period of active duty.
318.
Special pay: special warfare officers extending period of active duty.
319.
Special pay: surface warfare officer continuation pay.
320.
Incentive pay: career enlisted flyers.
321.
Special pay: judge advocate continuation pay.
[322, 323.
Renumbered.]
324.
Special pay: accession bonus for new officers in critical skills.
325.
Incentive bonus: savings plan for education expenses and other contingencies.
326.
Incentive bonus: conversion to military occupational specialty to ease personnel shortage.
327.
Incentive bonus: transfer between armed forces.
[328.
Repealed.]
329.
Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments.
330.
Special pay: accession bonus for officer candidates.

        

SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES

331.
General bonus authority for enlisted members.
332.
General bonus authority for officers.
333.
Special bonus and incentive pay authorities for nuclear officers.
334.
Special aviation incentive pay and bonus authorities for officers.
335.
Special bonus and incentive pay authorities for officers in health professions.
336.
Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers' Training Corps.
351.
Hazardous duty pay.
352.
Assignment pay or special duty pay.
353.
Skill incentive pay or proficiency bonus.
354.
Special pay: 15-year career status bonus for members entering service on or after August 1, 1986.
355.
Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units.
356.
Continuation pay: full TSP members with 8 to 12 years of service.

        

SUBCHAPTER III—GENERAL PROVISIONS

371.
Relationship to other incentives and pays.
372.
Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action.
373.
Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met.
374.
Regulations.

        

Amendments

2016Pub. L. 114–328, div. A, title VI, §647(b), Dec. 23, 2016, 130 Stat. 2168, struck out item 328 "Combat-related injury rehabilitation pay".

Pub. L. 114–328, div. A, title VI, §633(d)(2), Dec. 23, 2016, 130 Stat. 2163, 2168, substituted "Continuation pay: full TSP members with 8 to 12 years of service" for "Continuation pay: full TSP members with 12 years of service" in item 356, effective Jan. 1, 2018, immediately after the coming into effect of the amendments providing for section 356 of title 37, to which the amendments made by section 633 of Pub. L. 114–328 relate.

2015Pub. L. 114–92, div. A, title VI, §634(b), Nov. 25, 2015, 129 Stat. 851, which directed amendment of this analysis by adding item 356 "at the end", was executed by adding item 356 after item 355 to reflect the probable intent of Congress.

2013Pub. L. 113–66, div. A, title VI, §617(b), Dec. 26, 2013, 127 Stat. 782, added item 336.

2011Pub. L. 111–383, div. A, title X, §1075(c)(2), Jan. 7, 2011, 124 Stat. 4372, added item 312 and struck out former item 312 "Special pay: nuclear-qualified officers extending period of active duty".

2008Pub. L. 110–417, [div. A], title VI, §§619(b)(2), 620(b)(2), 651(c)(2)(B), Oct. 14, 2008, 122 Stat. 4489, 4491, 4497, added items 302c–1, 316a, and 373 and struck out former item 373 "Repayment of unearned portion of bonus, incentive pay, or similar benefit when conditions of payment not met".

Pub. L. 110–181, div. A, title VI, §661(d), Jan. 28, 2008, 122 Stat. 178, amended analysis generally, substituting items 301 to 374 and subchapter headings for former items 301 to 330.

2006Pub. L. 109–364, div. A, title VI, §§617(d), 621(d)(1), 622(a)(2), Oct. 17, 2006, 120 Stat. 2251, 2255, 2256, added items 302k, 302l, 329, and 330.

Pub. L. 109–163, div. A, title VI, §§629(d)(2), 631(c), 632(c)(2), 634(c)(2), 639(e)(2), 640(f)(2), 641(b), 642(c), 687(e)(2), Jan. 6, 2006, 119 Stat. 3297, 3299, 3300, 3302, 3303, 3305, 3306, 3336, added items 327 and 328, substituted "Special pay: general provisions" for "Special pay: health professionals; general provisions" in item 303a, "Special pay: bonus for affiliation or enlistment in the Selected Reserve" for "Special pay: bonus for enlistment in the Selected Reserve" in item 308c, "Special pay: members of the Selected Reserve assigned to certain high priority units" for "Special pay: enlisted members of the Selected Reserve assigned to certain high priority units" in item 308d, "Special pay: affiliation bonus for officers in the Selected Reserve" for "Special pay: bonus for certain initial service of officers in the Selected Reserve" in item 308j, "Special pay: bonus for members with foreign language proficiency" for "Special pay and bonus for members with foreign language proficiency" in item 316, and "Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units" for "Special pay: retention incentives for members qualified in a critical military skill" in item 323, and struck out item 308e "Special pay: bonus for reserve affiliation agreement" and item 312a "Special pay: nuclear-trained and qualified enlisted members".

2004Pub. L. 108–375, div. A, title VI, §§619(b), 620(a)(2), (b)(2), Oct. 28, 2004, 118 Stat. 1952, 1954, added item 308j, substituted "Special pay and bonus for members with foreign language proficiency" for "Special pay: foreign language proficiency pay" in item 316, and struck out item 316a "Waiver of certification requirement".

2003Pub. L. 108–136, div. A, title VI, §§621(a)(2)(B), 624(b), 625(b), Nov. 24, 2003, 117 Stat. 1505–1507, added items 305b and 326 and substituted "qualified members" for "qualified enlisted members" in item 314.

2002Pub. L. 107–314, div. A, title VI, §616(a)(2), Dec. 2, 2002, 116 Stat. 2570, added item 307a.

2001Pub. L. 107–107, div. A, title VI, §§621(b), 622(a)(2), Dec. 28, 2001, 115 Stat. 1140, 1142, added items 324 and 325.

2000Pub. L. 106–398, §1 [[div. A], title VI, §§624(a)(2), (b)(2), 628(c), 633(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-152, 1654A-153, 1654A-155, 1654A-158, added items 302i, 302j, 309, and 323 and struck out items 308a "Special pay: enlistment bonus" and 308f "Special pay: bonus for enlistment in the Army".

1999Pub. L. 106–65, div. A, title VI, §§626(a)(2), 627(a)(2), 628(a)(2), 629(a)(2), 642(b), Oct. 5, 1999, 113 Stat. 656, 657, 659, 660, 663, added items 318 to 322.

1998Pub. L. 105–261, div. A, title VI, §617(c)(2), Oct. 17, 1998, 112 Stat. 2041, struck out "location" after "hardship duty" in item 305.

1997Pub. L. 105–85, div. A, title VI, §§617(b), 619(c)(2), 625(a)(2), Nov. 18, 1997, 111 Stat. 1789, 1790, 1795, added item 301e and substituted "hardship duty location pay" for "while on duty at certain places" in item 305 and "Special pay or bonus:" for "Special pay:" in item 314.

1996Pub. L. 104–201, div. A, title VI, §615(c)(2), Sept. 23, 1996, 110 Stat. 2546, added item 302h.

Pub. L. 104–106, div. A, title VI, §614(a)(2), Feb. 10, 1996, 110 Stat. 361, added item 302g.

1991Pub. L. 102–190, div. A, title VI, §§634(b), 635(b), 636(b), Dec. 5, 1991, 105 Stat. 1381–1383, added items 302f, 303b, and 316a.

Pub. L. 102–25, title VII, §702(a)(1), Apr. 6, 1991, 105 Stat. 117, substituted "Multiyear retention" for "Retention" in item 301d.

1990Pub. L. 101–510, div. A, title VI, §§611(a)(2), 618(c)(2), title XII, §1203(a)(2), title XIV, §1484(f)(1), Nov. 5, 1990, 104 Stat. 1576, 1579, 1657, 1717, revised chapter heading so as to appear in all capital letters, added item 301d, inserted "and nonphysician health care providers" after "psychologists" in item 302c, and added item 317.

1989Pub. L. 101–189, div. A, title V, §505(a)(2), title VII, §§704(b)(2), 705(a)(2), 706(a)(2), Nov. 29, 1989, 103 Stat. 1438, 1471-1473, struck out "in the Public Health Service Corps" after "psychologists" in item 302c and added items 302d, 302e, and 308d.

1987Pub. L. 100–140, §2(b)(2), Oct. 26, 1987, 101 Stat. 831, added item 302c.

1986Pub. L. 99–661, div. A, title VI, §634(a)(2), Nov. 14, 1986, 100 Stat. 3885, added item 316.

1985Pub. L. 99–145, title VI, §§639(e), 644(a)(2), Nov. 8, 1985, 99 Stat. 651, 653, substituted "dental officers of the armed forces" for "dentists" in item 302b, added item 308i, and struck out item 311 "Special pay: continuation pay for dentists in the armed forces".

1984Pub. L. 98–525, title VI, §623(b)(2), title XIV, §1402(b)(2), Oct. 19, 1984, 98 Stat. 2542, 2621, substituted "special duty assignment pay for enlisted members" for "proficiency pay for enlisted members" in item 307, and added item 306a.

1983Pub. L. 98–94, title IX, §905(b)(2), title X, §1011(b)(2), Sept. 24, 1983, 97 Stat. 664, struck out item 308d "Special pay: bonus for enlistment, reenlistment, or extension of enlistment in elements of the ready Reserve other than the Selected Reserve", added items 308g and 308h, and in item 310 inserted "or imminent danger".

1981Pub. L. 97–60, title I, §§117(c)(2), 120(b), Oct. 14, 1981, 95 Stat. 997, 999, added items 308f and 315.

1980Pub. L. 96–579, §§3(e), 5(a)(2), Dec. 23, 1980, 94 Stat. 3364, 3366, added items 301c and 314.

Pub. L. 96–513, title V, §506(5), Dec. 12, 1980, 94 Stat. 2919, struck out items 302c "Special pay: medical officers of the Public Health Service" and 313 "Special pay: medical officers of the Public Health Service who execute active duty agreements", and struck out "and physicians and dentists in the Public Health Service" after "forces" in item 311.

Pub. L. 96–342, title VIII, §§805(a)(2), 806(a)(2), Sept. 8, 1980, 94 Stat. 1094, 1096, added items 301b, 308d, and 308e.

Pub. L. 96–284, §§2(b), 3(a)(2), (b)(6), 4(d)(4), 5(b), June 28, 1980, 94 Stat. 589–593, added items 302c and 303a, and in item 302, substituted "medical officers of the armed forces" for "physicians", item 311, substituted "dentists in the armed forces and physicians and dentists in the Public Health Service" for "physicians and dentists who extend their service on active duty", and in item 313, inserted "of the Public Health Service" after "medical officers".

1979Pub. L. 96–107, title IV, §404(a)(2), Nov. 9, 1979, 93 Stat. 808, struck out item 309 "Reserves; members of National Guard: additional pay for performance of administrative duty."

1978Pub. L. 95–485, title IV, §404(b), title VIII, §804(b)(2), Oct. 20, 1978, 92 Stat. 1615, 1621, substituted "on duty" for "on sea duty or duty" in item 305, and added items 305a and 308c.

1977Pub. L. 95–79, title IV, §403(a)(2), July 30, 1977, 91 Stat. 331, added item 308b.

1976Pub. L. 94–356, §3, July 12, 1976, 90 Stat. 901, added items 312b and 312c.

1974Pub. L. 93–294, §2(3), May 31, 1974, 88 Stat. 177, added item 301a.

Pub. L. 93–274, §1(1), (2), (4), May 6, 1974, 88 Stat. 94, 95, substituted "physicians" for "physicians and dentists" in item 302, and added items 302b and 313.

1972Pub. L. 92–581, §1(1), (4), Oct. 27, 1972, 86 Stat. 1277, 1278, struck out "submarine" in item 312, and added item 312a.

1971Pub. L. 92–129, title II, §§202(b), 203(b), Sept. 28, 1971, 85 Stat. 358, added items 302a and 308a.

1969Pub. L. 91–20, §1(2), June 3, 1969, 83 Stat. 13, added item 312.

1967Pub. L. 90–207, §1(2)(B), Dec. 16, 1967, 81 Stat. 651, added item 311.

1963Pub. L. 88–132, §§9(a)(2), 12(c), Oct. 2, 1963, 77 Stat. 216, 218, substituted "while on sea duty or duty at certain places" for "sea and foreign duty" in item 305, and added item 310.

SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES

§301. Incentive pay: hazardous duty

(a) Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c), for the performance of hazardous duty required by orders. In this subsection, the term "hazardous duty" means duty—

(1) involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under section 301a of this title;

(2) involving frequent and regular participation in aerial flight, not as a crew member under paragraph (1);

(3) involving parachute jumping as an essential part of military duty;

(4) involving the demolition of explosives as a primary duty, including training for that duty;

(5) inside a high- or low-pressure chamber;

(6) as a human acceleration or deceleration experimental subject;

(7) as a human test subject in thermal stress experiments;

(8) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched;

(9) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria;

(10) involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions);

(11) involving regular participation as a member of a team conducting visit, board, search, and seizure operations aboard vessels in support of maritime interdiction operations;

(12) involving use of ski-equipped aircraft on the ground in Antarctica or on the Arctic ice-pack; or

(13) involving frequent and regular participation in aerial flight by a member who is serving as an air weapons controller crew member (as defined by the Secretary concerned) aboard an airborne warning and control system aircraft (as designated by such Secretary) and who is not entitled to incentive pay under section 301a of this title.


(b) For the performance of hazardous duty described in paragraph (1) of subsection (a), a member is entitled to monthly incentive pay as follows:

 
Pay GradeMonthly Rate
O–10 $150 
O–9 150 
O–8 150 
O–7 150 
O–6 250 
O–5 250 
O–4 225 
O–3 175 
O–2 150 
O–1 150 
W–5 250 
W–4 250 
W–3 175 
W–2 150 
W–1 150 
E–9 240 
E–8 240 
E–7 240 
E–6 215 
E–5 190 
E–4 165 
E–3 150 
E–2 150 
E–1 150 

(c)(1) For the performance of hazardous duty described in paragraphs (2) through (12) of subsection (a), a member is entitled to $150 a month. However, a member performing hazardous duty described in paragraph (3) of that subsection who also performs as an essential part of such duty parachute jumping in military free fall operations involving parachute deployment by the jumper without the use of a static line is entitled to $225 a month.

(2)(A) For the performance of hazardous duty described in paragraph (13) of subsection (a), a member is entitled to monthly incentive pay based upon his years of service as an air weapons controller as follows:

 
Pay gradeYears of service as an air weapons controller
2 or lessOver 2Over 3Over 4Over 6Over 8Over 10Over 12
O–7 and above $200 $200 $200 $200 $200 $200 $200 $200
O–6 225 250 300 325 350 350 350 350
O–5 200 250 300 325 350 350 350 350
O–4 175 225 275 300 350 350 350 350
O–3 150 156 188 206 350 350 350 350
O–2 150 156 188 206 250 300 300 300
O–1 150 156 188 206 250 250 250 250
W–4 200 225 275 300 325 325 325 325
W–3 175 225 275 300 325 325 325 325
W–2 150 200 250 275 325 325 325 325
W–1 150 150 150 175 325 325 325 325
E–9 200 225 250 275 300 300 300 300
E–8 200 225 250 275 300 300 300 300
E–7 175 200 225 250 275 275 275 300
E–6 156 175 200 225 250 250 250 300
E–5 150 156 175 188 200 200 200 250
E–4 and below 150 156 175 188 200 200 200 200
  Over Over Over Over Over Over Over
  14 16 18 20 22 24 25
O–7 and above $200 $200 $200 $200 $200 $200 $150  
O–6 350 350 350 300 250 250 225  
O–5 350 350 350 300 250 250 225  
O–4 350 350 350 300 250 250 225  
O–3 350 350 300 275 250 225 200  
O–2 300 300 275 245 210 200 180  
O–1 250 250 245 210 200 180 150  
W–4 325 325 325 276 250 225 200  
W–3 325 325 325 325 250 225 200  
W–2 325 325 325 275 250 225 200  
W–1 325 325 325 275 250 225 200  
E–9 300 300 300 275 230 200 200  
E–8 300 300 300 265 230 200 200  
E–7 300 300 300 265 230 200 200  
E–6 300 300 300 265 230 200 200  
E–5 250 250 250 225 200 175 150  
E–4 and below 200 200 200 175 150 150 150  

(B) For purposes of this paragraph, the years of service of a member as an air weapons controller shall be computed, under regulations prescribed by the Secretary concerned, from the date the member begins training leading to a designation as an air weapons controller, but there shall be excluded from such computation any period of more than 90 days during which the member performs primary duties other than as an air weapons controller.

(d)(1) In time of war, the President may suspend the payment of incentive pay for any hazardous duty described in subsection (a).

(2) A member is entitled to not more than two payments of incentive pay, authorized by this section, for a period of time during which he qualifies for more than one payment of that pay.

(e) A member of a uniformed service who is entitled to basic pay may be paid incentive pay under this subsection, at a monthly rate not to exceed $150, for any month during which the member performs duty involving regular participation as a firefighting crew member, as determined by the Secretary concerned.

(f)(1) Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of a reserve component of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title, performs, under orders, any duty described in subsection (a) for members entitled to basic pay, he is entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) or (c), as the case may be, for the performance of that hazardous duty by a member of a corresponding grade who is entitled to basic pay. He is entitled to the increase for as long as he is qualified for it, for each regular period of instruction, or period of appropriate duty, at which he is engaged for at least two hours, including that performed on a Sunday or holiday, or for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. This subsection does not apply to a member who is entitled to basic pay under section 204 of this title for the entire month.

(2)(A) If in any calendar month a member performs duty as described in paragraph (1) and while entitled to basic pay also performs hazardous duty as described in the same paragraph of subsection (a) as constitutes the predicate for his entitlement under paragraph (1), the earned units of measuring entitlement for incentive pay under this section shall be combined. If the sum of units determined under the preceding sentence equals or exceeds the minimum standard prescribed by the President for entitlement to pay specified under subsections (b) and (c) for a member of corresponding grade who is entitled to basic pay for the entire relevant month, the member shall be entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) or (c) for the performance of that hazardous duty by a member of corresponding grade who is entitled to basic pay for the entire month.

(B) A member who qualifies for entitlement under this paragraph is entitled to the increase for each day in the relevant month in which he is entitled to basic pay pursuant to section 204 of this title or to compensation under section 206 of this title.

(C) In this paragraph, the term "units" means the significant increments of performance prescribed as qualifying standards in regulations promulgated by the President pursuant to this section.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88–132, §§6–8, Oct. 2, 1963, 77 Stat. 215, 216; Pub. L. 89–149, §§1–3, Aug. 28, 1965, 79 Stat. 585; Pub. L. 89–278, Oct. 20, 1965, 79 Stat. 1011; Pub. L. 89–718, §52, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92–436, title VI, §605, Sept. 26, 1972, 86 Stat. 740; Pub. L. 93–294, §2(1), (2), May 31, 1974, 88 Stat. 177; Pub. L. 96–343, §2(a), Sept. 8, 1980, 94 Stat. 1123; Pub. L. 96–513, title V, §516(5), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, §3(a)–(c), Dec. 23, 1980, 94 Stat. 3360; Pub. L. 97–60, title I, §111(a)–(c), Oct. 14, 1981, 95 Stat. 992, 993; Pub. L. 98–94, title IX, §903(a), Sept. 24, 1983, 97 Stat. 635; Pub. L. 98–525, title VI, §624(a), Oct. 19, 1984, 98 Stat. 2542; Pub. L. 99–145, title VI, §§635(a), 647(a), title XIII, §1303(b)(2), Nov. 8, 1985, 99 Stat. 647, 655, 740; Pub. L. 99–661, div. A, title XIII, §1342(a), Nov. 14, 1986, 100 Stat. 3991; Pub. L. 100–26, §8(d)(1), (e)(2), Apr. 21, 1987, 101 Stat. 285, 286; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, §614, title XI, §1111(d)(1), Dec. 5, 1991, 105 Stat. 1377, 1492; Pub. L. 104–106, div. A, title VI, §615, Feb. 10, 1996, 110 Stat. 361; Pub. L. 105–85, div. A, title VI, §614, Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, §614(a), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 107–107, div. A, title VI, §615(a), (b), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 108–136, div. A, title VI, §615(a)–(c), Nov. 24, 2003, 117 Stat. 1502; Pub. L. 108–375, div. A, title VI, §615, Oct. 28, 2004, 118 Stat. 1948; Pub. L. 109–364, div. A, title X, §1071(c)(2), Oct. 17, 2006, 120 Stat. 2400.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
301(a)

301(b)

301(c)

37:235(a).

37:235(b).

37:235(c).

Feb. 18, 1946, ch. 30 (1st proviso under "General Provision"), 60 Stat. 20.
301(d)

301(e)

301(f)

 

 

301(g)

37:235(d).

37:235(e).

37:301(d).

37:301(e) (as applicable to incentive pay).

37:118a–1.

Oct. 12, 1949, ch. 681, §§204, 501(d), (e) (as applicable to incentive pay), 63 Stat. 809, 826, 827; Mar. 31, 1955, ch. 20, §2(4)–(7), 69 Stat. 19–21; Aug. 28, 1957, Pub. L. 85–208, 71 Stat. 484; May 20, 1958, Pub. L. 85–422, §1(6), 72 Stat. 124; June 30, 1960, Pub. L. 86–559, §8, 74 Stat. 282; July 12, 1960, Pub. L. 86–635, 74 Stat. 469; Aug. 17, 1961, Pub. L. 87–145, §§2, 3, 75 Stat. 382.

In subsection (a), the words "is also entitled" are substituted for the words "shall, in addition thereto, be entitled". The words "For the purposes of this subsection" are inserted for clarity. The word "competent" is omitted as surplusage.

In subsection (b), the words preceding the tables are substituted for section 235(b) (words preceding tables) of existing title 37. The words "Years of service computed under section 205" are inserted in the tables for clarity.

In subsection (f), the words "a member of a reserve component of a uniformed service, or of the National Guard" are substituted for the enumeration of the organizations concerned in section 301(d) of existing title 37. The words "when . . . performs, under orders, any duty described in subsection (a)(1)–(11) for members entitled to basic pay" are substituted for the words "when required by competent orders to perform any hazardous duty prescribed by or pursuant to section 235 of this title for members of the uniformed services entitled to receive basic pay and when in consequence of such orders they do perform any hazardous duty so prescribed". The last sentence is substituted for section 301(e) (as applicable to (d)) of existing title 37.

In subsection (g), the words "entitled to incentive pay under section 301(a)(1) of this title" are substituted for the words "flight pay". At the time of the enactment of the source statute, additional pay was authorized as "flight pay". However, the Career Compensation Act of 1949 did not authorize "flight pay" but provided incentive pay in section 204(a)(1) [now section 301(a)(1) of this revised title] for "duty as a crew member . . . involving frequent and regular participation in aerial flight". The words "before January 2 of each year" are substituted for the words "On or before January 1, annually". The word "grade" is substituted for the word "rank" to conform to the definition in section 101(15) of this revised title.

Amendments

2006—Subsec. (f)(2)(C). Pub. L. 109–364 struck out comma after "the term".

2004—Subsecs. (d), (e). Pub. L. 108–375 designated existing provisions of subsec. (d) as par. (1) of subsec. (d), redesignated former subsec. (e) as par. (2) of subsec. (d), and added subsec. (e).

2003—Subsec. (a)(2). Pub. L. 108–136, §615(c)(1), substituted "paragraph" for "clause".

Subsec. (a)(11) to (13). Pub. L. 108–136, §615(a), struck out "or" at end of par. (11), added par. (12), and redesignated former par. (12) as (13).

Subsec. (b). Pub. L. 108–136, §615(c)(1), substituted "paragraph" for "clause" in introductory provisions.

Subsec. (c)(1). Pub. L. 108–136, §615(c)(2), substituted "paragraphs" for "clauses".

Pub. L. 108–136, §615(c)(1), substituted "paragraph" for "clause".

Pub. L. 108–136, §615(b)(1), substituted "(12)" for "(11)".

Subsec. (c)(2)(A). Pub. L. 108–136, §615(c)(1), substituted "paragraph" for "clause" in introductory provisions.

Pub. L. 108–136, §615(b)(2), substituted "(13)" for "(12)" in introductory provisions.

Subsec. (f)(2)(A). Pub. L. 108–136, §615(c)(1), substituted "paragraph" for "clause" after "same".

2001—Subsec. (a)(11), (12). Pub. L. 107–107, §615(a), added par. (11) and redesignated former par. (11) as (12).

Subsec. (c)(1). Pub. L. 107–107, §615(b)(1), substituted "(11) of subsection (a)" for "(10) of subsection (a)".

Subsec. (c)(2)(A). Pub. L. 107–107, §615(b)(2), substituted "(12) of subsection (a)" for "(11) of subsection (a)".

1998—Subsec. (b). Pub. L. 105–261 in table substituted "165" for "150" as monthly rate for pay grade E–4, "190" for "150" as monthly rate for pay grade E–5, "215" for "175" as monthly rate for pay grade E–6, and "240" for "200" as monthly rate for pay grades E–7 to E–9.

1997—Subsec. (b). Pub. L. 105–85, §614(a)(2), in table substituted "150" for "125" as monthly rate for pay grades O–1, W–1, and E–4.

Pub. L. 105–85, §614(a)(1), in table substituted "150" for "110" as monthly rate for pay grades O–7 to O–10 and E–1 to E–3.

Subsec. (c)(1). Pub. L. 105–85, §614(c), substituted "$150" for "$110" and "$225" for "$165".

Subsec. (c)(2)(A). Pub. L. 105–85, §614(b), in table substituted "150" for "100" in first column for pay grade W–1, "150" for "110" in last column for pay grade O–7 and above, and "150" for "125" in first column for pay grades O–1 to O–3, E–4 and below, and E–5, in second column for pay grade W–1, and in fourteenth and fifteenth columns for pay grade E–4 and below.

1996—Subsec. (a)(11). Pub. L. 104–106, §615(a), substituted "a member" for "an officer (other than a warrant officer)".

Subsec. (c)(2)(A). Pub. L. 104–106, §615(c)(1), substituted "a member" for "an officer" in provisions before table.

Pub. L. 104–106, §615(b), amended table generally, adding provisions relating to pay grades W–1 through W–4 and E–4 and below through E–9.

Subsec. (c)(2)(B). Pub. L. 104–106, §615(c), substituted "a member" for "an officer" and substituted "the member" for "the officer" in two places.

1991—Pub. L. 102–25 struck out "of this section" and "of this subsection" wherever appearing.

Subsec. (b). Pub. L. 102–190, §1111(d)(1), in table inserted provisions relating to pay grade of W–5, compensable at monthly rate of $250, below item relating to pay grade O–1.

Subsec. (c)(1). Pub. L. 102–190, §614, substituted "in military free fall operations involving parachute deployment by the jumper without the use of a static line" for "at a high altitude with a low opening".

1987—Subsec. (a). Pub. L. 100–26, §8(e)(2)(A), substituted "In this subsection, the term" for "For the purposes of this subsection,".

Subsec. (b). Pub. L. 100–26, §8(d)(1), which directed that subsec. (b) be amended by substituting "Monthly Rate" for "Monthly rate" wherever appearing, could not be executed, because in the one place where the words appear, both words were already capitalized.

Subsec. (f)(2)(C). Pub. L. 100–26, §8(e)(2)(B), substituted "paragraph, the term" for "paragraph".

1986—Subsec. (a)(1). Pub. L. 99–661 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "as a crew member, as determined by the Secretary concerned, involving frequent and regular participation in aerial flight;".

1985—Subsec. (a)(1). Pub. L. 99–145, §635(a)(1)(A), substituted "a crew member" for "an enlisted crew member".

Subsec. (a)(10). Pub. L. 99–145, §635(a)(1)(B), in amending cl. (10) generally, designated existing provisions as cls. (A) and (B) and added cl. (C).

Subsec. (b). Pub. L. 99–145, §635(a)(2), amended table generally, striking out differentiation in pay rates based upon years of service and reflect an upward adjustment in the monthly incentive pay with respect to pay grades E–9 through E–1, and inserted provisions relating to monthly incentive pay for pay grades O–10 through O–1 and W–4 through W–1, respectively.

Subsec. (c)(1). Pub. L. 99–145, §1303(b)(2), directed the substitution of "(10)," for "(10),,". See amendment note below.

Pub. L. 99–145, §635(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "For the performance of the hazardous duty described in clause (2), (3), (4), (5), (6), (7), (8), (9), or (10),, of subsection (a) of this section, an officer is entitled to $110 a month and an enlisted member is entitled to $83 a month."

Subsec. (f). Pub. L. 99–145, §647(a), designated existing provisions as par. (1), inserted "for the entire month" after "section 204 of this title", and added par. (2).

1984—Subsec. (a)(3). Pub. L. 98–525, §624(a)(1), redesignated cl. (4) as (3). Former cl. (3), relating to duty involving frequent and regular participation in glider flights, was struck out.

Subsec. (a)(4). Pub. L. 98–525, §624(a)(1), redesignated cl. (6) as (4). Former cl. (4) redesignated (3).

Subsec. (a)(5). Pub. L. 98–525, §624(a)(1), redesignated cl. (7) as (5). Former cl. (5), relating to duty involving intimate contact with persons afflicted with leprosy, was struck out.

Subsec. (a)(6) to (13). Pub. L. 98–525, §624(a)(1), redesignated cls. (8) to (13) as (6) to (11), respectively.

Subsec. (c)(1). Pub. L. 98–525, §624(a)(2), substituted "or (10)," for "(10), (11), or (12)".

Subsec. (c)(2). Pub. L. 98–525, §624(a)(3), substituted "(11)" for "(13)".

1983—Subsec. (a)(12). Pub. L. 98–94 inserted "or the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used".

1981—Subsec. (a). Pub. L. 97–60, §111(a), inserted reference in cl. (10) to a ship other than an aircraft carrier from which aircraft are launched, and added cls. (11) to (13).

Subsec. (b). Pub. L. 97–60, §111(b), amended table to reflect an upward adjustment in the monthly incentive pay.

Subsec. (c). Pub. L. 97–60, §111(c), designated existing provisions as par. (1), inserted reference to cls. (11) and (12) of subsec. (a) of this section and substituted "$83" for "$55", and added par. (2).

1980—Subsec. (a)(2). Pub. L. 96–579, §3(a), redesignated cl. (4) as (2) and struck out former cl. (2) defining "hazardous duty" as including submarine duty. See section 301c(a)(5) of this title.

Pub. L. 96–513, §516(5)(A), (B), in subcl. (B) substituted reference to subcl. (A) for reference to cl. (A), and in subcl. (B) substituted reference to subcl. (B) for reference to cl. (B).

Subsec. (a)(3). Pub. L. 96–579, §3(a), redesignated cl. (5) as (3) and struck out former cl. (3) defining "hazardous duty" as including duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles. See section 301c(a)(5) of this title.

Subsec. (a)(4) to (12). Pub. L. 96–579, §3(a), redesignated cls. (4) to (12) as (2) to (10), respectively.

Subsec. (b). Pub. L. 96–579, §3(b), struck out par. (1) designation for provision relating to monthly flight incentive pay for enlisted members and struck out par. (2) relating to monthly incentive pay for commissioned officers, warrant officers, and enlisted members for hazardous duty as crew member involving frequent and regular participation in aerial flight, submarine duty, and duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles, now reflected as to enlisted members in currently upgraded scale in subsec. (b) table and covered in section 301c(b) table reflecting currently upgraded scale for submarine duty by enlisted members, commissioned officers, and warrant officers.

Pub. L. 96–343 redesignated existing provision as par. (2), substituted "(2) or (3)" for "(1), (2), or (3)", and added par. (1).

Subsec. (c). Pub. L. 96–579, §3(c), inserted references to cls. (2) and (3) and struck out references to cls. (11) and (12) of subsec. (a) of this section.

Subsec. (f). Pub. L. 96–513, §516(5)(C), substituted reference to subsection (a) for reference to subsection (a)(1)–(12).

1974—Subsec. (a)(1). Pub. L. 93–294, §2(1), substituted "an enlisted crew member" for "a crew member".

Subsec. (g). Pub. L. 93–294, §2(2), repealed subsec. (g) which required the Secretary of each military department to report to Congress before January 2 each year the number of officers of the Army, Navy, or Air Force, as the case may be, above the grade of major or lieutenant commander, by grade and age group, who were entitled to incentive pay under subsec. (a)(1) of this section. See section 301a of this title.

1972—Subsec. (a)(2)(A). Pub. L. 92–436 included in the hazardous duty for incentive pay of a member of a submarine operational command the application of hours served underway in excess of 48 during the preceding five calendar months and not used to qualify for incentive pay, to satisfy of underway time requirements for the current month.

1966—Subsec. (a)(2). Pub. L. 89–718 made only style changes by capitalizing letter designations for cls. "A", "B", and "C" and by setting off text following cl. C through the device of moving the margin to the left of the margin for the clauses.

1965—Subsec. (a)(2). Pub. L. 89–278 included duty as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations for certain specified periods within term "hazardous duty".

Subsec. (a)(12). Pub. L. 89–149, §1, added cl. (12).

Subsecs. (c), (f). Pub. L. 89–149, §§2, 3, inserted reference to cl. (12) of subsec. (a).

1963—Subsec. (a)(2). Pub. L. 88–132, §6, substituted "as determined by the Secretary concerned, on a submarine (including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto), or, in the case of personnel qualified in submarines, as a prospective crew-member of a submarine being constructed, and during periods of instruction to prepare for assignment to a submarine of advanced design or a position of increased responsibility on a submarine" for "on board a submarine, including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto as determined by the Secretary concerned, and including submarines under construction from the time builders' trials begin".

Subsec. (a)(9). Pub. L. 88–132, §7, substituted "inside a high- or low-pressure chamber" for "as a low-pressure chamber inside observer".

Subsec. (e). Pub. L. 88–132, §8, substituted "not more than two payments" for "only one payment".

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title VI, §615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: "Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003."

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VI, §615(c), Dec. 28, 2001, 115 Stat. 1136, provided that: "Paragraph (11) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after January 1, 2002."

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title VI, §614(b), Oct. 17, 1998, 112 Stat. 2040, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1998, and shall apply with respect to months beginning on or after that date."

Effective Date of 1991 Amendment

Amendment by section 1111(d)(1) of Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces.

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title XIII, §1342(h)(1), Nov. 14, 1986, 100 Stat. 3992, provided that: "The amendments made by subsections (a) through (d) [amending this section and section 302 of this title and provisions set out as notes under sections 302b and 403 of this title] shall take effect on October 1, 1986, or the date of the enactment of this Act [Nov. 14, 1986], whichever is later."

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §635(b), Nov. 8, 1985, 99 Stat. 648, provided that: "The amendments made by this section [amending this section] shall take effect on October 1, 1985."

Pub. L. 99–145, title VI, §647(b), Nov. 8, 1985, 99 Stat. 655, provided that: "The amendments made by subsection (a) [amending this section] shall apply to payments of incentive pay for hazardous duty performed after September 30, 1985."

Effective Date of 1983 Amendment

Pub. L. 98–94, title IX, §903(b), Sept. 24, 1983, 97 Stat. 635, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1983."

Effective Date of 1981 Amendment

Pub. L. 97–60, title I, §111(d), Oct. 14, 1981, 95 Stat. 994, provided that: "The amendments made by this section [amending this section] shall take effect as of October 1, 1981."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–579 effective Jan. 1, 1981, see section 3(g) of Pub. L. 96–579, set out as an Effective Date note under section 301c of this title.

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.

Pub. L. 96–343, §2(c), Sept. 8, 1980, 94 Stat. 1124, provided that: "The amendments made by this section [amending this section] shall be effective with respect to incentive pay payable for months after August 1980."

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–294 effective June 1, 1974, see section 6 of Pub. L. 93–294, set out as an Effective Date note under section 301a of this title.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of this title.

Temporary Authority for Monthly Special Pay for Members of the Armed Forces Subject to Continuing Active Duty or Service Under Stop-Loss Authorities

Pub. L. 111–84, div. A, title VI, §620, Oct. 28, 2009, 123 Stat. 2357, provided that:

"(a) Special Pay Authorized.—The Secretary of the military department concerned may pay monthly special pay to any member of the Army, Navy, Air Force, or Marine Corps (including a member of a reserve component thereof) for any month, or portion of a month, in which the member serves on active duty in the Armed Forces, or has the member's eligibility for retirement from the Armed Forces suspended, as described in subsection (b).

"(b) Eligibility Requirements.—A member of the Armed Forces referred to in subsection (a) is eligible to receive special pay under this section if the member, at any time during the period beginning on October 1, 2009, and ending on June 30, 2011, serves on active duty while the member's enlistment or period of obligated service is extended, or has the member's eligibility for retirement suspended, pursuant to section 123 or 12305 of title 10, United States Code, or any other provision of law (commonly referred to as a 'stop-loss authority') that authorizes the President to extend an enlistment or period of obligated service, or suspend eligibility for retirement, of a member of the Armed Forces in time of war or national emergency declared by Congress or the President.

"(c) Amount.—The amount of monthly special pay payable to a member under this section for a month may not exceed $500.

"(d) Construction With Other Pays.—Monthly special pay payable to a member under this section is in addition to any other amounts payable to the member by law."

Transitional Provisions

Pub. L. 110–181, div. A, title VI, §662, Jan. 28, 2008, 122 Stat. 180, provided that:

"(a) Implementation Plan.—

"(1) Development.—The Secretary of Defense shall develop a plan to implement subchapters II and III of chapter 5 of title 37, United States Code, as added by section 661(a), and to correspondingly transition all of the special and incentive pay programs for members of the uniformed services solely to provisions of such subchapters.

"(2) Submission.—Not later than one year after the date of the enactment of this Act [Jan. 28, 2008], the Secretary shall submit the implementation plan to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].

"(b) Transition Period.—During a transition period of not more than 10 years beginning on the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense, the Secretary of a military department, and the Secretaries referred to in subsection (d) may continue to use the authorities in provisions in subchapter I of chapter 5 of title 37, United States Code, as designated by section 661(a), but subject to the terms of such provisions and such modifications as the Secretary of Defense may include in the implementation plan, to provide bonuses and special and incentive pays for members of the uniformed services.

"(c) Notice of Implementation of New Authorities.—Not less than 30 days before the date on which a special pay or bonus authority provided under subchapter II of chapter 5 of title 37, United States Code, as added by section 661(a), is first utilized, the Secretary of Defense shall submit to the congressional defense committees a notice of the implementation of the authority, including whether, as a result of implementation of the authority, a corresponding authority in subchapter I of such chapter, as designated by section 661(a), will no longer be used.

"(d) Coordination.—The Secretary of Defense shall prepare the implementation plan in coordination with—

"(1) the Secretary of Homeland Security, with respect to the Coast Guard;

"(2) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and

"(3) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.

"(e) No Effect on Fiscal Year 2008 Obligations.—During fiscal year 2008, obligations incurred under subchapters I, II, and III of chapter 5 of title 37, United States Code, as amended by section 661, to provide bonuses, incentive pays, special pays, and similar payments to members of the uniformed services under such subchapters may not exceed the obligations that would be incurred in the absence of the amendments made by such section."

Retention Incentives Initiative for Critically Short Military Occupational Specialties

Pub. L. 105–261, div. A, title VI, §622, Oct. 17, 1998, 112 Stat. 2042, provided that:

"(a) Requirement for New Incentives.—The Secretary of Defense shall establish and provide for members of the Armed Forces qualified in critically short military occupational specialties a series of new incentives that the Secretary considers potentially effective for increasing the rates at which those members are retained in the Armed Forces for service in such specialties.

"(b) Critically Short Military Occupational Specialties.—For the purposes of this section, a military occupational specialty is a critically short military occupational specialty for an Armed Force if the number of members retained in that Armed Force in fiscal year 1998 for service in that specialty is less than 50 percent of the number of members of that Armed Force that were projected to be retained in that Armed Force for service in the specialty by the Secretary of the military department concerned as of October 1, 1997.

"(c) Incentives.—It is the sense of Congress that, among the new incentives established and provided under this section, the Secretary of Defense should include the following incentives:

"(1) Family support and leave allowances.

"(2) Increased special reenlistment or retention bonuses.

"(3) Repayment of educational loans.

"(4) Priority of selection for assignment to preferred permanent duty station or for extension at permanent duty station.

"(5) Modified leave policies.

"(6) Special consideration for Government housing or additional housing allowances.

"(d) Relationship to Other Incentives.—Incentives provided under this section are in addition to any special pay or other benefit that is authorized under any other provision of law.

"(e) Reports.—(1) Not later than December 1, 1998, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that identifies, for each of the Armed Forces, the critically short military occupational specialties to which incentives under this section are to apply.

"(2) Not later than April 15, 1999, the Secretary of Defense shall submit to the congressional defense committees a report that specifies, for each of the Armed Forces, the incentives that are to be provided under this section."

Persons Entitled To Receive Incentive Pay for Duty Involving Contact With Persons Afflicted With Leprosy

Pub. L. 98–525, title VI, §624(b), Oct. 19, 1984, 98 Stat. 2542, provided that: "A member of the uniformed services who is entitled on the day before the date of the enactment of this Act [Oct. 19, 1984] to receive incentive pay under section 301(a)(5) [subsec. (a)(5) of this section] (for the performance of duty involving intimate contact with persons afflicted with leprosy) shall continue to be entitled to such pay under such section as in effect on that day so long as the member continues (without a break) to be assigned to perform such duties on and after that day."

Executive Order No. 10152

Ex. Ord. No. 10152, Aug. 17, 1950, 15 F.R. 5489, as amended by Ex. Ord. No. 10618, July 1, 1955, 20 F.R. 4671; Ex. Ord. No. 10681, Oct. 24, 1956, 21 F.R. 8129; Ex. Ord. No. 10739, Nov. 19, 1957, 22 F.R. 9205; Ex. Ord. No. 10892, Nov. 10, 1960, 25 F.R. 10731; Ex. Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631, which concerned regulations relating to incentive pay for performance of hazardous duty, was revoked by Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, formerly set out below.

Executive Order No. 11157

Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, as amended by Ex. Ord. No. 11242, Aug. 28, 1965, 30 F.R. 11205; Ex. Ord. No. 11253, Oct. 20, 1965, 30 F.R. 13509; Ex. Ord. No. 11259, Dec. 3, 1965, 30 F.R. 15057; Ex. Ord. No. 11292, Aug. 1, 1966, 31 F.R. 10447; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 11424, Aug. 29, 1968, 33 F.R. 12361; Ex. Ord. No. 11473, June 14, 1969, 34 F.R. 9485; Ex. Ord. No. 11511, Feb. 27, 1970, 35 F.R. 3877; Ex. Ord. No. 11591, Apr. 23, 1971, 36 F.R. 7833; Ex. Ord. No. 11716, Apr. 26, 1973, 38 F.R. 10621; Ex. Ord. No. 11728, July 12, 1973, 38 F.R. 18861; Ex. Ord. No. 11897, Jan. 13, 1976, 41 F.R. 2071; Ex. Ord. No. 11929, July 26, 1976, 41 F.R. 31159; Ex. Ord. No. 11939, Sept. 30, 1976, 41 F.R. 43705; Ex. Ord. No. 12094, Nov. 1, 1978, 43 F.R. 51379; Ex. Ord. No. 12243, Oct. 3, 1980, 45 F.R. 66439; Ex. Ord. No. 12274, Jan. 16, 1981, 46 F.R. 5855; Ex. Ord. No. 12337, Jan. 11, 1982, 47 F.R. 1367, eff. Sept. 15, 1981; Ex. Ord. No. 12380, Aug. 18, 1982, 47 F.R. 36605, eff. Jan. 1, 1981; Ex. Ord. No. 12394, Nov. 18, 1982, 47 F.R. 52405, eff. Oct. 1, 1981; Ex. Ord. No. 12420, May 11, 1983, 48 F.R. 21525, eff. Oct. 1, 1981; Ex. Ord. No. 12488, Sept. 27, 1984, 49 F.R. 38525, eff. Oct. 1, 1983; Ex. Ord. No. 12494, Dec. 6, 1984, 49 F.R. 48175; Ex. Ord. No. 12541, Dec. 30, 1985, 51 F.R. 585, eff. Jan. 1, 1986; Ex. Ord. No. 12573, Nov. 6, 1986, 51 F.R. 40954, eff. in part Oct. 1, 1985; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12762, June 4, 1991, 56 F.R. 25993; Ex. Ord. No. 12935, Oct. 28, 1994, 59 F.R. 54511, which related to regulations regarding incentive pay for hazardous duty, special pay for sea duty and duty at certain other locations, and basic allowances for subsistence and quarters, was revoked by Ex. Ord. No. 13294, §2, Mar. 28, 2003, 68 F.R. 15919, set out below.

Ex. Ord. No. 13294. Regulations Relating to Hazardous Duty Incentive Pay, Aviation Career Incentive Pay, and Submarine Duty Incentive Pay

Ex. Ord. No. 13294, Mar. 28, 2003, 68 F.R. 15919, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 301, 301a, and 301c of title 37, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. The Secretary of Defense, the Secretary of Commerce, the Secretary of Health and Human Services, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, with respect to members of the uniformed services under their respective jurisdictions, are hereby designated and empowered to exercise, without approval, ratification, or other action by the President, the authority vested in the President by sections 301, 301a, and 301c of title 37, United States Code. The Secretaries shall consult each other in the exercise of such authority to ensure similar treatment for similarly situated members of the uniformed services unless the needs of their respective uniformed services require differing treatment.

Sec. 2. Executive Order 11157 of June 22, 1964, as amended, and Executive Order 11800 of August 17, 1974, as amended, are hereby revoked.

Sec. 3. This order is not intended to create, nor does it create, any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, employees, or any other person.

George W. Bush.      

§301a. Incentive pay: aviation career

(a)(1) Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to aviation career incentive pay in the amount set forth in subsection (b) for the frequent and regular performance of operational or proficiency flying duty required by orders.

(2) Aviation career incentive pay shall be restricted to regular and reserve officers who hold, or are in training leading to, an aeronautical rating or designation and who engage and remain in aviation service on a career basis.

(3) Under regulations prescribed by the Secretary of Defense, the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, or the Secretary of Commerce and the Secretary of Health and Human Services with respect to members under their respective jurisdiction, an officer (except a flight surgeon or other medical officer) who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is entitled to continuous monthly incentive pay in the amount set forth in subsection (b) that is applicable to him. A flight surgeon or other medical officer who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is not entitled to continuous monthly incentive pay but is entitled to monthly incentive pay in the amounts set forth in subsection (b) for the frequent and regular performance of operational flying duty.

(4) To be entitled to continuous monthly incentive pay, an officer must perform the prescribed operational flying duties (including flight training but excluding proficiency flying) for 8 of the first 12, and 12 of the first 18 years of the aviation service of the officer. However, if an officer performs the prescribed operational flying duties (including flight training but excluding proficiency flying) for at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer will be entitled to continuous monthly incentive pay for the first 22 years of aviation service of the officer. Entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of aviation service, but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) for the performance of operational flying duty.

(5) If upon completion of either 12 or 18 years of aviation service it is determined that an officer has failed to perform the minimum prescribed operational flying duty requirements during the prescribed periods of time, his entitlement to continuous monthly incentive pay ceases. For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service. The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection. If at the completion of 12 years of aviation service entitlement to continuous monthly incentive pay ceases, entitlement to that pay may again commence at the completion of 18 years of aviation service upon completion of the minimum operational flying duty requirements, such pay to continue for a period of time as prescribed in accordance with this section. However, if entitlement to continuous monthly incentive pay ceases in the case of any officer at the completion of either 12 or 18 years of aviation service, such officer remains entitled to monthly incentive pay for the performance of subsequent operational or proficiency flying duties up to the maximum period of time prescribed in accordance with this section.

(6) In this section:

(A) The term "aviation service" means service performed by an officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation.

(B) The term "operational flying duty" means flying performed under competent orders by rated or designated members while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation.

(C) The term "proficiency flying duty" means flying performed under competent orders by rated or designated members while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties.

(D) The term "officer" includes an individual enlisted, and designated, as an aviation cadet under section 6911 of title 10.


(b)(1) A member who satisfies the requirements described in subsection (a) is entitled to monthly incentive pay as follows:

 
Years of aviation service (including

 flight training) as an officer:

Monthly rate
2 or less $125
Over 2 $156
Over 3 $188
Over 4 $206
Over 6 $650
Over 14 $840
Over 22 $585
Over 23 $495
Over 24 $385
Over 25 $250

(2) An officer in a pay grade above O–6 is entitled, until the officer completes 25 years of aviation service, to be paid at the rates set forth in the table in paragraph (1), except that—

(A) an officer in pay grade O–7 may not be paid at a rate greater than $200 a month; and

(B) an officer in pay grade O–8 or above may not be paid at a rate greater than $206 a month.


(3) For a warrant officer with over 22, 23, 24, or 25 years of aviation service who is qualified under subsection (a), the rate prescribed in the table in paragraph (1) for officers with over 14 years of aviation service shall continue to apply to the warrant officer.

(4) An officer serving as an air battle manager who is entitled to aviation career incentive pay under this section and who, before becoming entitled to aviation career incentive pay, was entitled to incentive pay under section 301(a)(13) of this title, shall be paid the monthly incentive pay at the higher of the following rates:

(A) The rate otherwise applicable to the member under this subsection.

(B) The rate at which the member was receiving incentive pay under section 301(c)(2)(A) of this title immediately before the member's entitlement to aviation career incentive pay under this section.


(c) In time of war, the President may suspend the payment of aviation career incentive pay.

(d) Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of a reserve component of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title, performs, under orders, duty described in subsection (a) for members entitled to basic pay, he is entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) for the performance of that duty by a member with corresponding years of aviation service who is entitled to basic pay. Such member is entitled to the increase for as long as he is qualified for it, for each regular period of instruction, or period of appropriate duty, at which he is engaged for at least two hours, including that performed on a Sunday or holiday, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. This subsection does not apply to a member who is entitled to basic pay under section 204 of this title.

(Added Pub. L. 93–294, §2(3), May 31, 1974, 88 Stat. 177; amended Pub. L. 94–273, §3(21), Apr. 21, 1976, 90 Stat. 377; Pub. L. 96–343, §2(b), Sept. 8, 1980, 94 Stat. 1124; Pub. L. 96–513, title V, §516(6), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 97–60, title I, §112(a), (b), Oct. 14, 1981, 95 Stat. 994; Pub. L. 99–661, div. A, title VI, §632(a), Nov. 14, 1986, 100 Stat. 3883; Pub. L. 100–26, §8(e)(3), Apr. 21, 1987, 101 Stat. 286; Pub. L. 101–189, div. A, title VI, §631(a)–(d), Nov. 29, 1989, 103 Stat. 1449, 1450; Pub. L. 101–510, div. A, title XIII, §1322(c)(1), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–35, title II, §204(c), May 31, 1993, 107 Stat. 102; Pub. L. 104–106, div. A, title VI, §616, Feb. 10, 1996, 110 Stat. 362; Pub. L. 105–85, div. A, title VI, §615(a), (b), Nov. 18, 1997, 111 Stat. 1787; Pub. L. 105–261, div. A, title VI, §615(a)(1), (b), (c)(1), (d), Oct. 17, 1998, 112 Stat. 2040, 2041; Pub. L. 106–65, div. A, title VI, §614(a), Oct. 5, 1999, 113 Stat. 651; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title X, §1084(e)(1), Oct. 28, 2004, 118 Stat. 2063; Pub. L. 109–364, div. A, title X, §1046(a), Oct. 17, 2006, 120 Stat. 2393.)

Amendments

2006—Subsec. (f). Pub. L. 109–364 struck out subsec. (f), which required the Secretary of Defense to submit annually to Congress a report specifying for the year covered by the report the total number of officers who were determined under subsection (a)(5) to have failed to perform the minimum operational flying duty requirements, the number of those officers who continued to receive continuous monthly incentive pay and the extent to which they failed to perform those requirements, and the reasons for the exercise of the authority under the second sentence of subsection (a)(5) in the case of each officer specified.

2004—Subsec. (b)(4). Pub. L. 108–375 substituted "section 301(a)(13)" for "section 301(a)(11)".

2002—Subsec. (a)(3). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

1999—Subsec. (b)(4). Pub. L. 106–65 added par. (4).

1998—Subsec. (a)(4). Pub. L. 105–261, §615(c)(1)(A), substituted "22 years of aviation service of the officer" for "22 years of the officer's service as an officer" and "25 years of aviation service" for "25 years of service as an officer (as computed under section 205 of this title)".

Subsec. (a)(6). Pub. L. 105–261, §615(a)(1), added subpar. (A) and redesignated former subpars. (A) to (C) as (B) to (D), respectively.

Subsec. (b). Pub. L. 105–261, §615(d), repealed section 615 of Pub. L. 105–85. See 1997 Amendment note below.

Pub. L. 105–261, §615(b), amended subsec. (b) generally, substituting pars. (1) to (3) for former pars. (1) and (2).

Subsec. (d). Pub. L. 105–261, §615(c)(1)(B), substituted "subsection (b) for the performance of that duty by a member with corresponding years of aviation service" for "subsection (b)(1) or (2), as the case may be, for the performance of that duty by a member of corresponding years of aviation or officer service, as appropriate,".

1997—Subsec. (b)(1). Pub. L. 105–85, §615(b), substituted "22 years" for "18 years" in two places in provisions after phase II table.

Pub. L. 105–85, §615(a), which directed amendment by inserting at the end of phase I of the table the following:

 
  
"Over 14 840";

and by striking out phase II of the table and inserting in lieu thereof the following:

"Phase II
"Years of service as an officer:"Monthly rate
"Over 22 585 
"Over 23 495 
"Over 24 385 
"Over 25 250",

was repealed by Pub. L. 105–261, §615(d).

1996—Subsec. (a)(4). Pub. L. 104–106, §616(a), substituted "8" for "9" before "of the first 12".

Subsec. (a)(5). Pub. L. 104–106, §616(b), inserted "The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection." after second sentence.

1993—Subsec. (a)(4). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 101–189, §631(a)(1). See 1989 Amendment note below.

1991—Pub. L. 102–25 struck out "of this section" wherever appearing and struck out "of this subsection" in subsec. (b)(2).

1990—Subsec. (e). Pub. L. 101–510 struck out subsec. (e) which read as follows: "The Secretary of Defense shall report to Congress before October 1 each year the number of rated members by pay grade who—

"(1) have 12 or 18 years of aviation service, and of those numbers, the number who are entitled to continuous monthly incentive pay under subsection (a) of this section; and

"(2) are performing operational flying duties, proficiency flying, and those not performing flying duties."

1989—Subsec. (a)(4). Pub. L. 101–189, §631(a), as amended by Pub. L. 103–35, §204(c), substituted "9 of the first 12, and 12 of the first 18 years of the aviation service of the officer" for "6 of the first 12, and 11 of the first 18, years of his aviation service", "at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer" for "at least 9 but less than 11 of the first 18 years of his aviation service, he", and "the officer's service as an officer" for "his officer service".

Subsec. (a)(5). Pub. L. 101–189, §631(b), inserted after first sentence "For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service."

Subsec. (b)(1). Pub. L. 101–189, §631(c)(1), in phase I table, substituted "650" for "400" in item relating to over 6 years, and in phase II table, struck out "as computed under section 205" after "an officer" in table heading, substituted "$585" for "$370", "495" for "340", and "385" for "310", in items relating to over 18 years, over 20 years, and over 22 years, respectively, and struck out item relating to a monthly rate of $280 for over 24 years.

Subsec. (b)(2). Pub. L. 101–189, §631(c)(2), in table, substituted "650" for "400" in item relating to over 6 years.

Subsec. (f). Pub. L. 101–189, §631(d), added subsec. (f).

1987—Subsec. (a)(6). Pub. L. 100–26, which directed that par. (6) of this section be amended, was executed to par. (6) of subsec. (a) of this section, to reflect the probable intent of Congress by substituting "In this section:" for "For the purposes of this section, the term—", inserting "The term" at beginning of subpars. (A) to (C), and substituting period for semicolon at end of subpar. (A) and period for "; and" at end of subpar. (B).

1986—Subsec. (a)(6)(C). Pub. L. 99–661, §632(a)(1), added subpar. (C).

Subsec. (b)(1). Pub. L. 99–661, §632(a)(2), substituted "a member" for "an officer in pay grades O–1 through O–10".

1981—Subsec. (a)(4). Pub. L. 97–60, §112(a), inserted provision that entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of service as an officer (as computed under section 205 of this title), but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) of this section for the performance of operational flying duty.

Subsec. (b)(1), (2). Pub. L. 97–60, §112(b), amended table to reflect an upward adjustment in monthly incentive pay.

1980—Subsec. (a)(3). Pub. L. 96–513 substituted "Health and Human Services" for "Health, Education, and Welfare".

Subsec. (b)(1). Pub. L. 96–343, §2(b)(1), (2), substituted in phase I table, "$125", "$156", "$188", "$206", and "$306" for "$100", "$125", "$150", "$165", and "$245" in items relating to 2 or less years, over 2 years, over 3 years, over 4 years, and over 6 years, respectively, in phase II table, "$281", "$256", "$231", and "$206" for "$225", "$205", "$185", and "$165" in items relating to over 18 years, over 20 years, over 22 years, and over 24 but not over 25 years, respectively, and "$200" and "$206" for "$160" and "$165", respectively.

Subsec. (b)(2). Pub. L. 96–343, §2(b)(3), substituted "$125", "$138", and "$250" for "$100", "$110", and "$200" in items relating to 2 or less years, over 2 years, and over 6 years, respectively.

1976—Subsec. (e). Pub. L. 94–273 substituted "October" for "July".

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 1999 Amendment

Pub. L. 106–65, div. A, title VI, §614(b), Oct. 5, 1999, 113 Stat. 651, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to months beginning on or after that date."

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title VI, §615(c), Nov. 18, 1997, 111 Stat. 1787, which provided that the amendments made by section 615(a) of Pub. L. 105–85 to this section were to take effect on Jan. 1, 1999, and were to apply with respect to months beginning on or after that date, was repealed by Pub. L. 105–261, div. A, title VI, §615(d), Oct. 17, 1998, 112 Stat. 2041.

Effective Date of 1993 Amendment

Pub. L. 103–35, title II, §204(c), May 31, 1993, 107 Stat. 102, provided that the amendment made by that section is effective Nov. 29, 1989.

Effective Date of 1989 Amendment; Transition

Pub. L. 101–189, div. A, title VI, §631(e), (f), Nov. 29, 1989, 103 Stat. 1450, provided that:

"(e) Effective Date.—(1) Except as provided in paragraph (2), the amendments made—

"(A) by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 29, 1989]; and

"(B) by subsections (a), (b), and (d) [amending this section] shall take effect on October 1, 1991.

"(2) The Secretary of a military department may delay, subject to the approval of the Secretary of Defense, the implementation of the amendments made by subsection (c) with respect to the department of that Secretary until such time as the Secretary concerned determines that implementation of those amendments is necessary to meet the needs of that department.

"(3) If the Secretary of a military department delays under paragraph (2) the implementation of the amendments made by subsection (c) beyond October 1, 1991, the Secretary may also delay implementation of the amendments made by subsections (a), (b), and (d) until the date on which the Secretary implements the amendments made by subsection (c). During the delay in implementation, the provisions of section 301a of title 37, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply in the case of such department to the payment of aviation career incentive pay under such section.

"(f) Transition.—(1) An officer of a uniformed service who, as of the date the amendments made by subsections (a), (b), and (d) take effect with regard to the officer's uniformed service—

"(A) has completed years of aviation service in an amount equal to one of the number of years of aviation service specified in column 1 of the following table; and

"(B) has performed, or subsequently performs, the prescribed operational flying duties (including flight training but excluding proficiency flying) during the number of years of aviation service specified in column 2 of such table and corresponding to the number of years of aviation service applicable to the officer under column 1,

shall be entitled to continuous monthly incentive pay at the rates provided in section 301a(b) of title 37, United States Code (as amended by this section)[,] until the officer completes the years of service as an officer specified in column 3 of such table and applicable to the officer.

"TABLE
COLUMN 1COLUMN 2COLUMN 3
Number of years of aviation

service

Number of years performing

operational flying duty

Entitlement to

continuous monthly incentive pay through the following year of officer service

6 or more At least 6 of the first 12 years of aviation service 18
6 or more At least 9 but less than 11 of the first 18 years of aviation service 22
6 or more At least 6 of the first 12 and at least 11 of the first 18 years of aviation service 25
At least 6 but less than 12 Less than 6 and subsequently completes 6 of the first 12 and 9 of the first 15 years of aviation service 18
At least 12 but less than 18 Less than 9 and subsequently completes 9 of the first 18 years of aviation service 22
At least 12 but less than 18 Less than 11 and subsequently completes 11 of the first 18 years of aviation service 25

"(2) For purposes of this subsection, the terms 'operational flying duty' and 'proficiency flying duty' have the meaning given to such terms in section 301a(a)(6) of title 37, United States Code."

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title VI, §632(b), Nov. 14, 1986, 100 Stat. 3883, provided that: "The amendments made by subsection (a) [amending this section] shall apply only with respect to those members of the Armed Forces who are aviation cadets on or after the date of the enactment of this Act [Nov. 14, 1986]. Service as an aviation cadet before that date shall not be counted for any purpose under section 301a of title 37, United States Code."

Effective Date of 1981 Amendment

Pub. L. 97–60, title I, §112(c), Oct. 14, 1981, 95 Stat. 995, provided that: "The amendments made by this section [amending this section] shall take effect as of October 1, 1981."

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

Pub. L. 93–294, §6, May 31, 1974, 88 Stat. 180, provided that: "This Act [enacting this section, amending section 301 of this title, and enacting provisions set out as notes under this section] becomes effective on the first day of the first month after enactment [May 31, 1974]."

Delegation of Functions

For delegation of authority under this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title.

Monthly Incentive Pay for Certain Officers Entitled to Incentive Pay Under Section 301(a)(1) of This Title on May 31, 1973

Pub. L. 93–294, §4, May 31, 1974, 88 Stat. 179, provided that: "Notwithstanding the amendments made by this Act [enacting this section and amending section 301 of this title], an officer who was entitled to incentive pay under section 301(a)(1) of title 37, United States Code, on May 31, 1973, or on the day before the effective date of this Act [June 1, 1974], if otherwise qualified on the day before the effective date of this Act, is entitled to monthly incentive pay as prescribed in either clause (1) or (2) of this section, as follows:

"(1) If he is credited with 6 or less years of aviation service as an officer, and with less than 12 years of service as an officer, he is entitled to monthly incentive pay either—

"(A) in the amount he was receiving under section 301(b) of that title on May 31, 1973, or on the day before the effective date of this Act [June 1, 1974], but with no entitlement after either of those dates, as applicable, to any longevity pay increases or increases resulting from promotion to a higher grade until such time as the rate to which he is entitled under section 301a(b) of that title, as added by this Act, is equal to or greater than the amount he was receiving under that section on May 31, 1973, or on the day before the effective date of this Act, and thereafter his entitlement is as prescribed by that section as added by this Act; or

"(B) at the rate prescribed by section 301a(b) of that title, as added by this Act;

whichever is greater. However, an officer who is promoted and assigned to pay grade O–7 or above during the 36-month period following the effective date of this Act [June 1, 1974] may not receive more than the rate which existed for that pay grade, as appropriate, prior to June 1, 1973.

"(2) If he is credited with more than 6 years of aviation service as an officer, or less than 6 years of aviation service but more than 12 years of service as an officer, he may receive monthly incentive pay at the rate prescribed in the table in section 301a(b) of title 37, United States Code, as added by this Act, that is applicable to him, or $165, whichever is greater, for not more than 36 months after the effective date of this Act [June 1, 1974], notwithstanding the provisions of section 301a(a) of that title, as added by this Act, with respect to prescribed operational flying duties (including flight training but excluding proficiency flying). However, under this clause, an officer who is assigned to the pay grade O–7 on the effective date of this Act, or is promoted to the pay grade O–7 during the 36-month period following the effective date of this Act, may not receive more than $160 per month while assigned to that grade.

The amount to which a reserve officer who is entitled to compensation under section 206 of title 37, United States Code, is entitled under this section is governed by the provisions of section 301a(d) of that title, as added by this Act."

Annual Report by Department of Defense

Pub. L. 93–294, §5, May 31, 1974, 88 Stat. 180, provided that: "A yearly report containing such data as necessary to monitor the progress of this bill [Pub. L. 93–294] shall be made by the Department of Defense in cooperation with the Senate and House Armed Services Committees and released publicly."

Executive Order No. 11800

Ex. Ord. No. 11800, Aug. 17, 1974, 39 F.R. 30103, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 13286, §58, Feb. 28, 2003, 68 F.R. 10629, which delegated authority vested in President by this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security with respect to Coast Guard when not operating as part of Navy, was revoked by Ex. Ord. No. 13294, §2, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title.

§301b. Special pay: aviation career officers extending period of active duty

(a) Bonus Authorized.—An aviation officer described in subsection (b) who, during the period beginning on January 1, 1989, and ending on December 31, 2017, executes a written agreement to remain on active duty in aviation service for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.

(b) Covered Officers.—An aviation officer referred to in subsection (a) is an officer of a uniformed service who—

(1) is entitled to aviation career incentive pay under section 301a of this title;

(2) is in a pay grade below pay grade O–7;

(3) is qualified to perform operational flying duty; and

(4) has completed any active duty service commitment incurred for undergraduate aviator training or is within one year of completing such commitment.


(c) Amount of Bonus.—The amount of a retention bonus paid under this section may not be more than $25,000 for each year covered by the written agreement to remain on active duty.

(d) Proration.—The term of an agreement under subsection (a) and the amount of the bonus under subsection (c) may be prorated as long as such agreement does not extend beyond the date on which the officer making such agreement would complete 25 years of aviation service.

(e) Payment of Bonus.—Upon the acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed and may be paid by the Secretary in either a lump sum or installments.

(f) Additional Pay.—A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled.

(g) Repayment.—An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.

(h) Regulations.—The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.

(i) Reports.—(1) Not later than February 15 of each year, the Secretaries concerned shall submit to the Secretary of Defense a report analyzing the effect of the provision of retention bonuses to aviation officers during the preceding fiscal year on the retention of qualified aviators.

(2) Not later than March 15 of each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of the reports submitted to the Secretary under paragraph (1) with regard to the preceding fiscal year, together with such comments and recommendations as the Secretary considers appropriate.

(j) Definitions.—In this section:

(1) The term "aviation service" means service performed by an officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation.

(2) The term "operational flying duty" has the meaning given such term in section 301a(a)(6)(B) of this title.

(Added Pub. L. 96–342, title VIII, §806(a)(i), Sept. 8, 1980, 94 Stat. 1095; amended Pub. L. 97–60, title I, §113, Oct. 14, 1981, 95 Stat. 995; Pub. L. 98–94, title IX, §904(a), Sept. 24, 1983, 97 Stat. 635; Pub. L. 98–525, title VI, §622(a), Oct. 19, 1984, 98 Stat. 2540; Pub. L. 99–145, title VI, §636, Nov. 8, 1985, 99 Stat. 648; Pub. L. 99–661, div. A, title VI, §631(a), Nov. 14, 1986, 100 Stat. 3883; Pub. L. 100–180, div. A, title VI, §622(a), Dec. 4, 1987, 101 Stat. 1100; Pub. L. 101–189, div. A, title VI, §632(a), Nov. 29, 1989, 103 Stat. 1451; Pub. L. 102–190, div. A, title VI, §612(a)(1), Dec. 5, 1991, 105 Stat. 1376; Pub. L. 102–484, div. A, title VI, §612(c), title X, §1054(a)(1), Oct. 23, 1992, 106 Stat. 2421, 2502; Pub. L. 103–160, div. A, title VI, §613(a), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, §613(a), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, §613(a), title XV, §1502(b), Feb. 10, 1996, 110 Stat. 359, 506; Pub. L. 104–201, div. A, title VI, §613(a), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, §§613(a), 616(a)–(d), Nov. 18, 1997, 111 Stat. 1786, 1787; Pub. L. 105–261, div. A, title VI, §§613(a), 615(a)(2), (c)(2), Oct. 17, 1998, 112 Stat. 2039–2041; Pub. L. 106–65, div. A, title VI, §§613(a), 615(a)–(f), title X, §1067(2), Oct. 5, 1999, 113 Stat. 650, 651, 774; Pub. L. 106–398, §1 [[div. A], title VI, §623(a), title X, §1087(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151, 1654A-291; Pub. L. 107–107, div. A, title VI, §§614(a), 616(a), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–314, div. A, title VI, §614(a), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, §614(a), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, §614(a), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§624(a), 687(b)(1), Jan. 6, 2006, 119 Stat. 3295, 3327; Pub. L. 109–364, div. A, title VI, §614(a), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, §614(a), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, §614(a), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, §615(1), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, §615(1), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §615(1), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §615(1), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §615(1), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, §615(1), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, §615(1), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, §615(1), Dec. 23, 2016, 130 Stat. 2159.)

Amendments

2016—Subsec. (a). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (a). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (a). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (a). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (a). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (a). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (a). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

2006—Subsec. (a). Pub. L. 109–364 substituted "December 31, 2007" for "December 31, 2006".

Pub. L. 109–163, §624(a), substituted "December 31, 2006" for "December 31, 2005".

Subsec. (g). Pub. L. 109–163, §687(b)(1), amended heading and text of subsec. (g) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment of bonus required when officer fails to complete total period of active duty.

2004—Subsec. (a). Pub. L. 108–375 substituted "December 31, 2005" for "December 31, 2004".

2003—Subsec. (a). Pub. L. 108–136 substituted "December 31, 2004" for "December 31, 2003".

2002—Subsec. (a). Pub. L. 107–314 substituted "December 31, 2003" for "December 31, 2002".

2001—Subsec. (a). Pub. L. 107–107, §614(a), substituted "December 31, 2002" for "December 31, 2001".

Subsec. (b)(4). Pub. L. 107–107, §616(a), inserted "or is within one year of completing such commitment" before period at end.

2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title VI, §623(a)], substituted "December 31, 2001," for "December 31, 2000,".

Subsec. (j)(2). Pub. L. 106–398, §1 [[div. A], title X, §1087(b)(1)], substituted "section 301a(a)(6)(B)" for "section 301a(a)(6)(A)".

1999—Subsec. (a). Pub. L. 106–65, §613(a), substituted "December 31, 2000," for "December 31, 1999,".

Subsec. (b)(2). Pub. L. 106–65, §615(a)(1), (4), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "is in an aviation specialty designated by the Secretary concerned (with the approval of the Secretary of Defense in the case of the Secretary of a military department) as a critical aviation specialty;".

Subsec. (b)(3). Pub. L. 106–65, §615(a)(4), redesignated par. (4) as (3). Former par. (3) redesignated (2).

Pub. L. 106–65, §615(a)(2), substituted "grade O–7" for "grade O–6".

Subsec. (b)(4). Pub. L. 106–65, §615(a)(4), redesignated par. (6) as (4). Former par. (4) redesignated (3).

Pub. L. 106–65, §615(a)(3), inserted "and" at end.

Subsec. (b)(5). Pub. L. 106–65, §615(a)(1), struck out par. (5) which read as follows: "has completed at least six but less than 13 years of aviation service; and".

Subsec. (b)(6). Pub. L. 106–65, §615(a)(4), redesignated par. (6) as (4).

Subsec. (c). Pub. L. 106–65, §615(b), substituted "may not be more than $25,000 for each year covered by the written agreement to remain on active duty." for "may not be more than—" and struck out pars. (1) and (2) which read as follows:

"(1) $25,000 for each year covered by the written agreement, if the officer agrees to remain on active duty to complete 14 years of commissioned service; or

"(2) $12,000 for each year covered by the written agreement, if the officer agrees to remain on active duty for one, two, or three years."

Subsec. (d). Pub. L. 106–65, §615(c), substituted "25 years of aviation service" for "14 years of commissioned service".

Subsec. (g)(3). Pub. L. 106–65, §615(f), struck out at end "This paragraph applies to any case commenced under title 11 after January 1, 1989."

Subsec. (i)(1). Pub. L. 106–65, §615(d), struck out last sentence which read as follows: "Each report shall include—

"(A) a comparison of the cost of paying bonuses to officers who enter into an agreement for the period referred to in subsection (c)(1) with the cost of paying bonuses to officers who enter into an agreement for a period referred to in subsection (c)(2); and

"(B) a description of the increase in the retention of qualified aviators as a result of the program."

Subsec. (i)(2). Pub. L. 106–65, §1067(2), substituted "and the Committee on Armed Services" for "and the Committee on National Security".

Subsec. (j)(2) to (4). Pub. L. 106–65, §615(e), redesignated par. (4) as (2) and struck out former pars. (2) and (3) which read as follows:

"(2) The term 'aviation specialty' means a specific community of pilots identified by type of aircraft or weapon system or a specific community of other designated aeronautical officers so identified.

"(3) The term 'critical aviation specialty' means an aviation specialty in which there exists a shortage of officers on the date of designation under subsection (b)."

1998—Subsec. (a). Pub. L. 105–261, §613(a), substituted "December 31, 1999," for "September 30, 1999,".

Subsec. (b)(5). Pub. L. 105–261, §615(c)(2), substituted "aviation service" for "active duty".

Subsec. (j)(1). Pub. L. 105–261, §615(a)(2), added par. (1) and struck out former par. (1) which read as follows: "The term 'aviation service' means the service performed by an officer holding an aeronautical rating or designation (except a flight surgeon or other medical officer)."

1997—Subsec. (a). Pub. L. 105–85, §613(a), substituted "September 30, 1999" for "September 30, 1998".

Subsec. (c)(1). Pub. L. 105–85, §616(a)(1), substituted "$25,000" for "$12,000".

Subsec. (c)(2). Pub. L. 105–85, §616(a)(2), (b), substituted "$12,000" for "$6,000" and "one, two, or three years" for "one or two years".

Subsec. (i)(1). Pub. L. 105–85, §616(c), inserted "and" at end of subpar. (A), substituted a period for "; and" at end of subpar. (B), and struck out subpar. (C) which read as follows: "an examination of the desirability of targeting the retention bonus program toward officers in a critical aviation specialty rather than on the basis of experience or other criteria."

Subsec. (j)(2). Pub. L. 105–85, §616(d), inserted "specific" before "community" in two places.

1996—Subsec. (a). Pub. L. 104–201 substituted "September 30, 1998," for "September 30, 1997".

Pub. L. 104–106, §613(a), substituted "September 30, 1997" for "September 30, 1995,".

Subsec. (i)(2). Pub. L. 104–106, §1502(b), substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and House of Representatives".

1994—Subsec. (a). Pub. L. 103–337 substituted "September 30, 1995" for "September 30, 1994".

1993—Subsec. (a). Pub. L. 103–160 substituted "September 30, 1994" for "September 30, 1993".

1992—Subsec. (a). Pub. L. 102–484, §612(c), substituted "September 30, 1993" for "September 30, 1992".

Subsecs. (j), (k). Pub. L. 102–484, §1054(a)(1), redesignated subsec. (k) as (j) and struck out former subsec. (j) which read as follows:

"(j) Limitation on Payments for Fiscal Year 1990.—(1) The total amount of payments made under this section to officers of the Air Force during fiscal year 1990 may not exceed $78,000,000.

"(2) The total amount of payments made under this section to officers of the Navy during fiscal year 1990 may not exceed $30,000,000."

1991—Subsec. (a). Pub. L. 102–190 substituted "1992" for "1991".

1989—Pub. L. 101–189 amended section generally, adding provisions set out in new subsecs. (a), (c), (d), and (h) to (k), revising and restating as subsecs. (b), (e), (f), and (g), provisions contained in former subsecs. (a), (b), and (d), and striking out provisions contained in former subsecs. (c), (e), and (f).

1987—Subsec. (a). Pub. L. 100–180, §622(a)(1), substituted cl. (5) and all that follows to end of first sentence for

"(5) executes a written agreement to remain on active duty in aviation service for at lest one year; and

"(6) is in an aviation specialty designated as critical;

may, upon the acceptance of the written agreement by the Secretary of Defense or the Secretary of Transportation, as applicable, be paid an amount not to exceed the product of four months' basic pay (computed at the rate applicable to the officer at the time the agreement is executed) and the number of years (or the monthly fractions thereof) that the officer agrees to remain on active duty under the agreement. An agreement under this section may not extend beyond the date on which the officer would complete 19 years of aviation service."

Subsec. (e). Pub. L. 100–180, §621(a)(2), amended subsec. (e) generally, substituting provisions relating to acceptance of agreements during the period beginning on Oct. 1, 1987, and ending on Sept. 30, 1989, for provisions relating to acceptance of agreements during the period beginning on Oct. 1, 1983, and ending on Sept. 30, 1987, and struck out provision setting forth that an officer who receives special pay pursuant to an agreement under this section is not entitled to aviation career incentive pay that exceeds the rate for such pay in effect on Sept. 30, 1981.

Subsec. (f). Pub. L. 100–180, §622(a)(3), substituted "September 30, 1989" for "September 30, 1987".

1986—Subsec. (e)(3). Pub. L. 99–661, §631(a)(1), substituted "officer has completed less than eight years of active duty" for "officer has completed less than seven years of active duty".

Subsec. (e)(4). Pub. L. 99–661, §631(a)(2), struck out par. (4) which read as follows: "An officer may not receive incentive pay under section 301 of this title for the performance of hazardous duty for any period of service which the officer is obligated to serve pursuant to an agreement entered into under this section."

1985—Subsecs. (e)(2), (3), (f). Pub. L. 99–145 substituted "September 30, 1987" for "September 30, 1985".

1984—Subsec. (e)(2). Pub. L. 98–525, §622(a)(1), substituted "During the period beginning on October 1, 1984, and ending on September 30, 1985, only agreements executed by officers of the Navy may be accepted under this section" for "During the period beginning on October 1, 1983, and ending on September 30, 1984, only agreements executed by officers of the Navy or Marine Corps who are pilots may be accepted under this section".

Subsec. (e)(3). Pub. L. 98–525, §622(a)(2), substituted "September 30, 1985" for "September 30, 1984" in provisions preceding subpar. (A).

Subsec. (f). Pub. L. 98–525, §622(a)(2), substituted "September 30, 1985" for "September 30, 1984".

1983—Subsec. (e)(2). Pub. L. 98–94, §904(a)(1), substituted "during the period beginning on October 1, 1983, and ending on September 30, 1984, only agreements executed by officers of the Navy or Marine Corps who are pilots may be accepted under this section" for "during the period beginning on the date of the enactment of the Uniformed Services Pay Act of 1981 and ending on September 30, 1982, only agreements executed by officers of the Navy or Marine Corps may be accepted under this section".

Subsec. (e)(3), (4). Pub. L. 98–94, §904(a)(1), added pars. (3) and (4).

Subsec. (f). Pub. L. 98–94, §904(a)(2), substituted "September 30, 1984" for "September 30, 1982".

1981—Subsecs. (e), (f). Pub. L. 97–60 added subsecs. (e) and (f).

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, §615(g), Oct. 5, 1999, 113 Stat. 651, provided that: "The amendments made by this section [amending this section] shall take effect on October 1, 1999, and shall apply with respect to months beginning on or after that date."

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title VI, §616(e), Nov. 18, 1997, 111 Stat. 1787, provided that: "The amendments made by this section [amending this section] shall take effect as of October 1, 1996, and shall apply with respect to agreements accepted under section 301b of title 37, United States Code, on or after that date."

Effective Date of 1987 Amendment

Pub. L. 100–180, div. A, title VI, §622(b), Dec. 4, 1987, 101 Stat. 1101, provided that:

"(1) The amendments made by subsection (a) to subsections (a), (e), and (f) of section 301b of title 37, United States Code, shall apply to agreements entered into on or after October 1, 1987, and special pay may be paid as if such amendments were in effect on such date.

"(2) Such amendments shall not affect an agreement entered into under such section as in effect on September 30, 1987, and the provisions of such section as in effect on such day shall continue to apply with respect to such agreement."

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title VI, §631(b), Nov. 14, 1986, 100 Stat. 3883, provided that: "The amendments made by subsection (a) [amending this section] shall apply to payments made for periods beginning after the date of the enactment of this Act [Nov. 14, 1986] under agreements entered into under section 301b of title 37, United States Code."

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §636, Nov. 8, 1985, 99 Stat. 648, provided that the amendment made by that section is effective Oct. 1, 1985.

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, §622(a), Oct. 19, 1984, 98 Stat. 2540, provided that the amendment made by that section is effective Oct. 1, 1984.

Effective Date

Pub. L. 96–342, title VIII, §806(b), Sept. 8, 1980, 94 Stat. 1096, provided that: "Agreements may not be entered into under section 301b of title 37, United States Code, as added by subsection (a), before October 1, 1980."

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (i)(2) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.

Payment of Bonus to Aviation Officers Killed in Persian Gulf War Before Completion of Service

Pub. L. 102–172, title VIII, §8135, Nov. 26, 1991, 105 Stat. 1212, as amended by Pub. L. 105–277, div. C, title I, §148, Oct. 21, 1998, 112 Stat. 2681–610, provided that:

"(a) Notwithstanding any provision of section 301b of title 37, United States Code, [or] of section 611 of Public Law 100–456 [set out below] as in effect at any time prior to the date of enactment of this Act [Nov. 26, 1991], in the case of any officer described in subsection (b), who was entitled to special pay under an agreement authorized by one of those sections, who was not paid the full amount due under such agreement, the unpaid balance shall be paid as part of the settlement of the officer's final military pay account or as a supplemental payment if the officer's final military pay account is already settled.

"(b) An officer to whom subsection (a) applies is an aviation officer who died as a result of flight operations on or after August 2, 1990, in those areas of the Arabian Peninsula, airspace, and adjacent waters designated by the President in Executive Order 12744 on 21 January 1991 [26 U.S.C. 112 note] as a combat zone (regardless of the date of the commencement of combatant activities in such zone as specified in that Executive Order) and prior to cessation of hostilities as declared by competent authority, before completing the full period of aviation service agreed to in his or her agreement to remain on active duty in aviation service under section 301b of title 37, United States Code, or section 611 of Public Law 100–456 [set out below]."

Agreements Entered Into Under Former Law

Pub. L. 101–189, div. A, title VI, §632(c), Nov. 29, 1989, 103 Stat. 1453, provided that:

"(1) The amendment made by subsection (a) [amending this section] shall not affect an agreement entered into under section 301b of title 37, United States Code (as in effect on September 30, 1989), and, except as provided in paragraph (2), the provisions of such section as in effect on such day shall continue to apply with respect to such agreement.

"(2) For pay periods beginning after September 30, 1989, an officer serving under an agreement entered into under section 301b of such title before October 1, 1987, shall be entitled during the remainder of the agreement to the monthly rate of aviation career incentive pay specified in section 301a(b) of such title and corresponding to the officer's years of aviation service or years of service as an officer."

Coverage of Period of Lapsed Authority

Pub. L. 104–106, div. A, title VI, §613(i), Feb. 10, 1996, 110 Stat. 360, provided that:

"(1) In the case of an officer described in section 301b(b) of title 37, United States Code, who executes an agreement described in paragraph (2) during the 90-day period beginning on the date of the enactment of this Act [Feb. 10, 1996], the Secretary concerned may treat the agreement for purposes of the retention bonus authorized under the agreement as having been executed and accepted on the first date on which the officer would have qualified for such an agreement had the amendment made by subsection (a) [amending this section] taken effect on October 1, 1995.

"(2) An agreement referred to in this subsection is a service agreement with the Secretary concerned that is a condition for the payment of a retention bonus under section 301b of title 37, United States Code.

"(3) For purposes of this subsection, the term 'Secretary concerned' has the meaning given that term in section 101(5) of title 37, United States Code."

Pub. L. 103–160, div. A, title VI, §613(i), Nov. 30, 1993, 107 Stat. 1682, provided that:

"(1) In the case of an officer described in paragraph (2) who executes an agreement described in paragraph (3) during the 90-day period beginning on the date of the enactment of this Act [Nov. 30, 1993], the Secretary concerned may treat the agreement for purposes of the retention bonus or special pay authorized under the agreement as having been executed and accepted on the first date on which the officer would have qualified for such an agreement had the amendments made by subsections (a) and (g) [amending this section and provisions set out as a note under section 302 of this title] taken effect on October 1, 1993.

"(2) An officer referred to in paragraph (1) is an officer described in section 301b(b) of title 37, United States Code, or in section 613(a)(2) of the National Defense Authorization Act, Fiscal Year 1989 [Pub. L. 100–456] ([former] 37 U.S.C. 302 note), who, during the period beginning on October 1, 1993, and ending on the date of the enactment of this Act, would have qualified for an agreement described in paragraph (3) had the amendments made by subsections (a) and (g) taken effect on October 1, 1993.

"(3) An agreement referred to in this subsection is a service agreement with the Secretary concerned that is a condition for the payment of a retention bonus under section 301b of title 37, United States Code, or special pay under section 613 of the National Defense Authorization Act, Fiscal Year 1989 ([former] 37 U.S.C. 302 note).

"(4) For purposes of this subsection, the term 'Secretary concerned' has the meaning given that term in section 101(5) of title 37, United States Code."

Pub. L. 102–484, div. A, title VI, §612(j)(2), Oct. 23, 1992, 106 Stat. 2421, provided that:

"(A) In the case of a person described in subparagraph (B) who executes an agreement described in subparagraph (C) during the 90-day period beginning on the date of the enactment of this Act [Oct. 23, 1992], the Secretary concerned may treat such agreement for purposes of the bonus or special pay authorized under such agreement as having been executed and accepted on the first date on which the person would have qualified for such an agreement had the amendments made by this section [amending this section and sections 302d, 302e, 308 to 308e, 308h, and 308i of this title and sections 2130a and 2172 [now 16302] of Title 10, Armed Forces] taken effect on October 1, 1992.

"(B) A person referred to in subparagraph (A) is a person who, during the period beginning on October 1, 1992, and ending on the date of the enactment of this Act, would have qualified for an agreement described in subparagraph (C) with the Secretary concerned had the amendments made by this section taken effect on October 1, 1992.

"(C) An agreement referred to in this paragraph is an agreement with the Secretary concerned for the payment of a bonus or special pay under section 301b, 302d, 302e, 308, 308a, 308b, 308c, 308e, 308h, or 308i of title 37, United States Code, or section 2130a of title 10, United States Code.

"(D) For purposes of this paragraph, the term 'Secretary concerned' has the meaning given that term in section 101(5) of title 37, United States Code."

Pub. L. 102–190, div. A, title VI, §612(a)(2), Dec. 5, 1991, 105 Stat. 1376, provided that:

"(A) In the case of an officer described in subparagraph (B) who executes an agreement under section 301b of such title [37 U.S.C. 301b] during the 90-day period beginning on the date of the enactment of this Act [Dec. 5, 1991], the Secretary concerned may treat such agreement as having been executed and accepted for purposes of such section on the first date on which the officer would have qualified for such an agreement had the amendment made by paragraph (1) [amending this section] taken effect on October 1, 1991.

"(B) An officer referred to in subparagraph (A) is an officer who, during the period beginning on October 1, 1991, and ending on the date of the enactment of this Act, would have qualified for an agreement under such section had the amendment made by paragraph (1) taken effect on October 1, 1991.

"(C) For purposes of this paragraph, the term 'Secretary concerned' has the meaning given that term in section 101(5) of title 37, United States Code."

Pub. L. 101–189, div. A, title VI, §632(d), Nov. 29, 1989, 103 Stat. 1453, provided that:

"(1) In the case of an aviation officer described in paragraph (2) who executes an agreement under section 301b of title 37, United States Code, during the 90-day period beginning on the date of the enactment of this Act [Nov. 29, 1989], the Secretary concerned may deem such agreement to have been executed and accepted for purposes of such section on the first date on which the officer would have qualified for such an agreement had the amendment made by subsection (a) [amending this section] taken effect on October 1, 1989.

"(2) An aviation officer referred to in paragraph (1) is an officer who, during the period beginning on October 1, 1989, and ending on the date of the enactment of this Act, would have qualified for an agreement under such section had the amendment made by subsection (a) taken effect on October 1, 1989.

"(3) For purposes of this subsection, the term 'Secretary concerned' has the meaning given that term by section 101(5) of title 37, United States Code."

Aviator Retention Bonus

Pub. L. 100–456, div. A, title VI, §611, Sept. 29, 1988, 102 Stat. 1977, as amended by Pub. L. 101–189, div. A, title VI, §632(b), Nov. 29, 1989, 103 Stat. 1453, provided that a covered aviation officer who, during the period beginning on Jan. 1, 1989, and ending on Sept. 30, 1989, executed a written agreement to remain on active duty in aviation service for at least one year could, upon the acceptance of the written agreement by the Secretary concerned, be paid a retention bonus as provided in this section.

Special Pay as Inducement To Remain on Active Duty; Report to Congress

Pub. L. 98–94, title IX, §904(b), Sept. 24, 1983, 97 Stat. 636, provided that:

"(1) It is the sense of the Congress that eligibility for special pay for aviation career officers under section 301b of title 37, United States Code, should be made available only to officers who will likely be induced to remain on active duty in aviation service by receipt of the special pay.

"(2) The Secretary of the Navy shall submit to the Congress not later than July 1, 1984, a written report, approved by the Secretary of Defense, on the payment of special pay for aviation career officers under section 301b of title 37, United States Code, since the date of the enactment of this Act [Sept. 24. 1983]. Such report shall include—

"(A) a list of the specific aviation specialties by aircraft type determined to be critical for purposes of the payment of special pay under such section since the date of the enactment of this Act;

"(B) the number of officers within each critical aviation specialty who received the special pay under such section since the date of the enactment of this Act by grade, years of prior active service, and amounts of special pay received under such section;

"(C) an explanation and justification for the Secretary's designation of an aviation specialty as 'critical' and for the payment of special pay under section 301b of such title to officers who have more than eight years of prior active service and who are serving in pay grade O–4 or above, if payment of such pay was made to such officers; and

"(D) an evaluation of the progress made since the date of the enactment of this Act toward eliminating shortages of aviators in the aviation specialties designated by the Secretary as critical."

§301c. Incentive pay: submarine duty

(a) Eligibility Requirements.—(1) Subject to regulations prescribed by the President, a member of the naval service who is entitled to basic pay, and (A) holds (or is in training leading to) a submarine duty designator, (B) is in and remains in the submarine service on a career basis, and (C) meets the requirements of paragraph (3), is entitled to continuous monthly submarine duty incentive pay in the amount prescribed pursuant to subsection (b).

(2) Subject to regulations prescribed by the President, a member of the naval service who is entitled to basic pay but is not entitled to continuous monthly submarine duty incentive pay under paragraph (1) is entitled to submarine duty incentive pay in the amount prescribed pursuant to subsection (b) for any period during which such member performs frequent and regular operational submarine duty (as defined in paragraph (5)) required by orders.

(3) To be entitled to continuous monthly submarine duty incentive pay through 26 years of service (as computed under section 205 of this title, but excluding, in the case of an officer, periods as an enlisted member before initial appointment as an officer), a member must perform operational submarine duties for at least 6 of the first 12, and at least 10 of the first 18, years of his submarine service. However, if a member performs the prescribed operational submarine duties for at least 8 but less than 10 of the first 18 years of his submarine service, he is entitled to continuous monthly submarine duty incentive pay for the first 22 years of his service (as computed under section 205 of this title, but excluding, in the case of an officer, periods as an enlisted member before initial appointment as an officer).

(4) If upon completion of either 12 or 18 years of submarine service it is determined that a member has failed to perform the minimum prescribed operational submarine duty requirements during the prescribed periods of time, his entitlement to continuous monthly submarine duty incentive pay ceases. If entitlement to continuous monthly submarine duty incentive pay ceases upon completion of 12 years of submarine service, entitlement to that pay may again commence upon completion of 18 years of submarine service if the minimum operational submarine duty requirements have been met, and such pay shall continue for the period of time prescribed in accordance with this section. However, if entitlement to continuous monthly submarine duty incentive pay ceases in the case of any member at the completion of either 12 or 18 years of submarine service or 26 years of service (as computed under section 205 of this title, but excluding, in the case of an officer, periods as an enlisted member before initial appointment as an officer), such member shall be entitled to that pay in the amount prescribed pursuant to subsection (b) for the performance of subsequent operational submarine duty, or for the performance of service as a member of a submarine operational command staff, if such member's duties require serving on a submarine during underway operations.

(5) In this section:

(A) The term "operational submarine duty" means duty—

(i) while attached under competent orders to a submarine, while serving as an operator or crew member of an operational submersible (including an undersea exploration or research vehicle), while undergoing training preliminary to assignment to a nuclear-powered submarine, while undergoing rehabilitation after assignment to a nuclear-powered submarine, or, in the case of a member qualified in submarines, while attached as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations—

(I) during one calendar month: 48 hours, except that hours served underway in excess of 48 as a member of a submarine operational command staff during any of the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the underway time requirements for the current month;

(II) during any two consecutive calendar months when the requirements of subclause (I) of this clause have not been met: 96 hours; or

(III) during any three consecutive calendar months when the requirements of subclause (II) of this clause have not been met: 144 hours;


(ii) while receiving instruction to prepare for assignment to a submarine of advanced design, or

(iii) while receiving instruction to prepare for a position of increased responsibility on a submarine.


(B) The term "submarine service" means the service performed, under regulations prescribed by the Secretary of the Navy, by a member, and the years of submarine service are computed beginning with the effective date of the initial order to perform submarine service.


(b) Monthly Rates.—The Secretary of the Navy shall prescribe the monthly rates of submarine duty incentive pay, except that the maximum monthly rate may not exceed $1,000.

(c) Exceptions.—(1) An officer who fails of selection for assignment as an executive officer or commanding officer of a submarine or who declines to serve in either such position may not be paid submarine duty incentive pay except for periods during which the officer is serving on a submarine during underway operations.

(2) An enlisted member may not be paid continuous submarine duty incentive pay while serving ashore between submarine sea duty assignments unless the member has a sufficient period of enlistment (including any extension of an enlistment) remaining to be reassigned to submarine sea duty.

(d) Applicability to Certain Navy Reserve Duty.—Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of the Navy Reserve who is entitled to compensation under section 206 of this title, performs, under orders, duty on a submarine during underway operations, he is eligible for an increase in such compensation equal to one-thirtieth of the monthly incentive pay prescribed pursuant to subsection (b) for the performance of that duty by a member of a corresponding grade and years of service who is entitled to basic pay. Such a member is eligible for the increase for each day served, for as long as he is qualified for it, during each regular period of appropriate duty.

(Added Pub. L. 96–579, §3(d), Dec. 23, 1980, 94 Stat. 3360; amended Pub. L. 97–39, title VII, §701(a), (b), Aug. 14, 1981, 95 Stat. 942; Pub. L. 97–60, title I, §114, Oct. 14, 1981, 95 Stat. 995; Pub. L. 99–145, title VI, §633(a), Nov. 8, 1985, 99 Stat. 646; Pub. L. 100–26, §8(e)(4), Apr. 21, 1987, 101 Stat. 286; Pub. L. 100–180, div. A, title VI, §623(a), (b), Dec. 4, 1987, 101 Stat. 1101; Pub. L. 100–224, §5(a)(2), Dec. 30, 1987, 101 Stat. 1538; Pub. L. 100–456, div. A, title XII, §1233(l)(1), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–510, div. A, title XIII, §1322(c)(1), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title XI, §1111(d)(2), Dec. 5, 1991, 105 Stat. 1492; Pub. L. 107–107, div. A, title VI, §617(a), (b), Dec. 28, 2001, 115 Stat. 1137; Pub. L. 109–163, div. A, title V, §515(d)(1)(D), (2), Jan. 6, 2006, 119 Stat. 3236.)

Amendments

2006—Subsec. (d). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve" in heading and text.

2001—Subsec. (a). Pub. L. 107–107, §617(b)(1), inserted heading and substituted "prescribed pursuant to subsection (b)" for "set forth in subsection (b)" in pars. (1), (2), and (4).

Subsec. (b). Pub. L. 107–107, §617(a), inserted heading and amended text generally, substituting provisions relating to the Secretary's discretion in prescribing submarine duty incentive pay rates for tables specifying those rates.

Subsec. (c). Pub. L. 107–107, §617(b)(2), inserted heading.

Subsec. (d). Pub. L. 107–107, §617(b)(3), inserted heading and substituted "prescribed pursuant to subsection (b)" for "authorized by subsection (b)".

1991—Pub. L. 102–25 struck out "of this section" and "of this subsection" wherever appearing in subsecs. (a) and (d).

Subsec. (b). Pub. L. 102–190, in table pertaining to warrant officers, added provisions relating to pay grade W–5 in two places.

1990—Subsec. (e). Pub. L. 101–510 struck out subsec. (e) which read as follows: "The Secretary of Defense shall report to the Congress before January 1 each year—

"(1) the number of enlisted members and officers, by pay grade, who, during the preceding fiscal year, had at least 12 but less than 18 years of submarine service and who were entitled to continuous monthly submarine duty incentive pay under subsection (a) of this section; and

"(2) the number of enlisted members and officers, by pay grade, who, during such fiscal year, had at least 18 years of submarine service and who were entitled to such incentive pay.

The Secretary shall include in each such report the number of enlisted members and the number of officers in each category referred to in the first sentence of this subsection, the number of such officers who, during the fiscal year concerned, were performing operational submarine duties, who were performing submarine command staff duties, and who were not performing submarine duties at all."

1988—Subsec. (a). Pub. L. 100–456 made clarifying amendment to directory language of Pub. L. 100–180, §623(a). See 1987 Amendment note below.

1987—Subsec. (a)(1), (2). Pub. L. 100–180, §623(a), as amended by Pub. L. 100–456, substituted "naval service" for "Navy".

Subsec. (a)(5). Pub. L. 100–26 substituted "In this section:" for "For the purposes of this section, the term—", inserted "The term" at beginning of subpars. (A) and (B), and substituted "operational" for "Operational" and "submarine" for "Submarine" in subpars. (A) and (B), respectively.

Subsec. (b). Pub. L. 100–224 struck out, preceding table for enlisted members, "(b) The monthly rates for special pay under subsection (a) are as follows:" which had inadvertently been inserted as a second subsec. (b) by Pub. L. 100–180, §623(b).

Pub. L. 100–180, §623(b), amended tables generally so as to reflect an upward adjustment in monthly incentive pay rates for enlisted members, commissioned officers, and warrant officers of all pay grades and years of service encompassed by tables.

1985—Subsec. (b). Pub. L. 99–145 amended table pertaining to commissioned officers generally, so as to reflect an upward adjustment in monthly incentive pay rates for persons in pay grades O–6 through O–3 having over 18, over 20, over 22, and over 26 years of service, respectively.

1981—Subsec. (a)(1). Pub. L. 97–39, §701(a), substituted provisions set forth as cls. (A) to (C) respecting conditions for continuous monthly submarine duty incentive pay for provisions relating to payment of incentive pay for the frequent and regular performance of operational submarine duty required by orders.

Subsec. (a)(2). Pub. L. 97–39, §701(a), substituted provisions relating to payment of submarine duty incentive pay for provisions relating to restrictions on payment of submarine duty incentive pay.

Subsec. (a)(3), (4). Pub. L. 97–60 inserted ", but excluding, in the case of an officer, periods as an enlisted member before initial appointment as an officer" after "(as computed under section 205 of this title" in three places.

Subsec. (a)(5)(A)(i). Pub. L. 97–39, §701(b), inserted provisions relating to service as an operator or crew member of an operational submersible.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–456 applicable as if included in enactment of Pub. L. 100–180, see section 1233(l)(5) of Pub. L. 100–456, set out as a note under section 2366 of Title 10, Armed Forces.

Effective Date of 1987 Amendment

Pub. L. 100–180, div. A, title VI, §623(c), Dec. 4, 1987, 101 Stat. 1103, provided that:

"(1) Subject to paragraph (2), the amendments made by this section [amending this section] shall take effect on the first day of the first month beginning after the date of the enactment of this Act [Dec. 4, 1987] and shall apply only with respect to duty performed on or after that date.

"(2) The amendments made by this section shall take effect only if legislation as described in section 3(c) is enacted [section 3(c) of Pub. L. 100–180, which is not classified to the Code]."

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §633(b), Nov. 8, 1985, 99 Stat. 646, provided that: "The amendment made by this section [amending this section] shall take effect on October 1, 1985."

Effective Date of 1981 Amendment

Pub. L. 97–39, title VII, §701(c), Aug. 14, 1981, 95 Stat. 942, provided that: "The amendments made by this section [amending this section] shall take effect as of January 1, 1981."

Effective Date

Pub. L. 96–579, §3(g), Dec. 23, 1980, 94 Stat. 3364, provided: "The amendments made by this subsection [probably means section 3 of Pub. L. 96–579, which enacted this section and amended sections 301 and 308 of this title] shall become effective on the first day of the first month following the month in which this Act is enacted [December, 1980]."

Delegation of Functions

For delegation of authority under this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title.

Transition Provisions

Pub. L. 107–107, div. A, title VI, §617(c), Dec. 28, 2001, 115 Stat. 1137, provided that: "The tables set forth in subsection (b) of section 301c of title 37, United States Code, as in effect on the day before the date of the enactment of this Act [Dec. 28, 2001], shall continue to apply until the later of the following:

"(1) January 1, 2002.

"(2) The date on which the Secretary of the Navy prescribes new submarine duty incentive pay rates as authorized by the amendment made by subsection (a) [amending this section]."

§301d. Multiyear retention bonus: medical officers of the armed forces

(a) Bonus Authorized.—(1) A medical officer described in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section.

(2) The amount of a retention bonus under paragraph (1) may not exceed $75,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment.

(b) Eligible Officers.—This section applies to an officer of the armed forces who—

(1) is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer;

(2) is in a pay grade below pay grade O–7;

(3) has at least eight years of creditable service (computed as described in section 302(g) of this title) or has completed any active-duty service commitment incurred for medical education and training; and

(4) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)).


(c) Repayment.—An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 101–510, div. A, title VI, §611(a)(1), Nov. 5, 1990, 104 Stat. 1576; amended Pub. L. 102–484, div. A, title X, §1054(a)(2), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 107–314, div. A, title VI, §615(a), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, §687(b)(2), Jan. 6, 2006, 119 Stat. 3327; Pub. L. 110–181, div. A, title VI, §615(b), Jan. 28, 2008, 122 Stat. 150.)

Amendments

2008—Subsec. (a)(2). Pub. L. 110–181 substituted "$75,000" for "$50,000".

2006—Subsec. (c). Pub. L. 109–163 amended heading and text of subsec. (c) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty.

2002—Subsec. (a)(2). Pub. L. 107–314 substituted "$50,000" for "$14,000".

1992—Subsec. (c)(2). Pub. L. 102–484, §1054(a)(2)(A), substituted "owed" for "owned".

Subsec. (c)(3). Pub. L. 102–484, §1054(a)(2)(B), substituted "November 5, 1990" for "the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991".

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title VI, §615(c), Jan. 28, 2008, 122 Stat. 150, provided that: "The amendments made by this section [amending this section and section 302 of this title] shall apply with respect to agreements entered into under section 301d(a) or 302b(c) of title 37, United States Code, on or after the date of the enactment of this Act [Jan. 28, 2008]."

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Application of Increase

Pub. L. 107–314, div. A, title VI, §615(i), Dec. 2, 2002, 116 Stat. 2569, provided that: "In the case of an amendment made by this section [amending sections 301d, 301e, 302, 302a, 302d, 302e, and 302i of this title and section 2130a of Title 10, Armed Forces] to increase the maximum amount of a special pay or bonus that may be paid during any 12-month period, the amended limitation shall apply to 12-month periods beginning after September 30, 2002."

Eligibility of Flag and General Officers for Multiyear Retention Bonus for Medical Officers

Pub. L. 102–190, div. A, title VI, §615, Dec. 5, 1991, 105 Stat. 1377, provided that:

"(a) Reiterating Ineligibility.—The restriction contained in subsection (b)(2) of section 301d of title 37, United States Code, on the eligibility of flag and general officers serving as full-time physicians to receive a multiyear retention bonus under that section shall not be construed as being limited, modified, or superseded by any provision of law, whether enacted before, on, or after the date of the enactment of this Act [Dec. 5, 1991], unless that provision of law—

"(1) specifically refers to that section and this subsection; and

"(2) identifies the flag and general officers affected by that provision.

"(b) Savings Provision.—(1) A medical officer of the Armed Forces who is a flag or general officer and has received any payment of a bonus under section 301d of title 37, United States Code, before the date of the enactment of this Act [Dec. 5, 1991] may not be required to reimburse the United States for such payment by reason of the enactment of subsection (a).

"(2) A written agreement referred to in section 301d of title 37, United States Code, that was entered into on or after April 10, 1991, and before the date of the enactment of this Act [Dec. 5, 1991] by a medical officer of the Armed Forces referred to in paragraph (1) in exchange for a payment (or a promise of payment) of a bonus under that section shall be terminated as of the later of—

"(A) the end of the month following the month in which this Act is enacted; or

"(B) the end of the period covered by the bonus payment or payments received by that officer as described in that paragraph."

Pub. L. 102–172, title VIII, §8084, Nov. 26, 1991, 105 Stat. 1192, provided that: "Restrictions provided under subsection (b)(2) of section 301d of title 37, United States Code, as authorized by the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510), and hereafter, shall not apply in the case of flag or general officers serving as full-time practicing physicians."

Termination of Existing Retention Bonus Agreement

Pub. L. 101–510, div. A, title VI, §611(b), Nov. 5, 1990, 104 Stat. 1576, provided that:

"(1) Subject to the approval of the Secretary of the military department concerned, a medical officer who is eligible to enter into a retention bonus agreement under section 301d of title 37, United States Code (as added by subsection (a)) may terminate any existing retention bonus agreement entered into by that officer under [section] 612 of the National Defense Authorization Act, Fiscal Year 1989 [Pub. L. 100–456] (37 U.S.C. 302 note), in order to enter into an agreement under section 301d of such title containing an active-duty service obligation that is not less than the active-duty service obligation remaining under the existing agreement on the date of its termination.

"(2) Subsection (e) of section 612 of the National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note), shall not apply to the termination, pursuant to paragraph (1), of a retention bonus agreement under that section."

§301e. Multiyear retention bonus: dental officers of the armed forces

(a) Bonus Authorized.—(1) A dental officer described in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section.

(2) The amount of a retention bonus under paragraph (1) may not exceed $50,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment.

(b) Officers Automatically Eligible.—Subsection (a) applies to an officer of the armed forces who—

(1) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer;

(2) has a dental specialty in oral and maxillofacial surgery;

(3) is in a pay grade below pay grade O–7;

(4) has at least eight years of creditable service (computed as described in section 302b(g) 1 of this title) or has completed any active-duty service commitment incurred for dental education and training; and

(5) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)).


(c) Extension of Bonus to Other Dental Officers.—At the discretion of the Secretary of the military department concerned, the Secretary may enter into a written agreement described in subsection (a)(1) with a dental officer who does not have the dental specialty specified in subsection (b)(2), and pay a retention bonus to such an officer as provided in this section, if the officer otherwise satisfies the eligibility requirements specified in subsection (b). The Secretaries shall exercise the authority provided in this section in a manner consistent with regulations prescribed by the Secretary of Defense.

(d) Repayment.—An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 105–85, div. A, title VI, §617(a), Nov. 18, 1997, 111 Stat. 1788; amended Pub. L. 107–314, div. A, title VI, §615(b), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, §687(b)(3), Jan. 6, 2006, 119 Stat. 3328.)

References in Text

Section 302b(g) of this title, referred to in subsec. (b)(4), was redesignated section 302b(f) of this title by Pub. L. 109–163, div. A, title VI, §687(b)(6)(D), Jan. 6, 2006, 119 Stat. 3328.

Amendments

2006—Subsec. (d). Pub. L. 109–163 amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty.

2002—Subsec. (a)(2). Pub. L. 107–314 substituted "$50,000" for "$14,000".

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Application of Increase

In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title.

1 See References in Text note below.

§302. Special pay: medical officers of the armed forces

(a) Variable, Additional, and Board Certification Special Pay.—(1) An officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection.

(2) An officer described in paragraph (1) who is serving in a pay grade below pay grade O–7 is entitled to variable special pay at the following rates:

(A) $1,200 per year, if the officer is undergoing medical internship training.

(B) $5,000 per year, if the officer has less than six years of creditable service and is not undergoing medical internship training.

(C) $12,000 per year, if the officer has at least six but less than eight years of creditable service.

(D) $11,500 per year, if the officer has at least eight but less than ten years of creditable service.

(E) $11,000 per year, if the officer has at least ten but less than twelve years of creditable service.

(F) $10,000 per year, if the officer has at least twelve but less than fourteen years of creditable service.

(G) $9,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service.

(H) $8,000 per year, if the officer has at least eighteen but less than twenty-two years of creditable service.

(I) $7,000 per year, if the officer has twenty-two or more years of creditable service.


(3) An officer described in paragraph (1) who is serving in a pay grade above pay grade O–6 is entitled to variable special pay at the rate of $7,000 per year.

(4) Subject to subsection (c), an officer entitled to variable special pay under paragraph (2) or (3) is entitled to additional special pay of $15,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training.

(5) An officer who is entitled to variable special pay under paragraph (2) or (3) and who is board certified is entitled to additional special pay at the following rates:

(A) $2,500 per year, if the officer has less than ten years of creditable service.

(B) $3,500 per year, if the officer has at least ten but less than twelve years of creditable service.

(C) $4,000 per year, if the officer has at least twelve but less than fourteen years of creditable service.

(D) $5,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service.

(E) $6,000 per year, if the officer has eighteen or more years of creditable service.


(b) Incentive Special Pay.—(1) Subject to subsection (c) and paragraph (2) and under regulations prescribed under section 303a(a) of this title, an officer who is entitled to variable special pay under subsection (a)(2) may be paid incentive special pay for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. The amount of incentive special pay paid to an officer under this subsection may not exceed $75,000 for any 12-month period.

(2) An officer is not eligible for incentive special pay under paragraph (1) unless the Secretary concerned has determined that such officer is qualified in the medical profession.

(c) Active-Duty Agreement.—(1) An officer may not be paid additional special pay under subsection (a)(4) or incentive special pay under subsection (b) for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay.

(2) Under regulations prescribed by the Secretary of Defense under section 303a(a) of this title, the Secretary of the military department concerned may terminate at any time an officer's entitlement to the special pay authorized by subsection (a)(4) or (b)(1). If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.

(d) Regulations.—Regulations prescribed by the Secretary of Defense under section 303a(a) of this title shall include standards for determining—

(1) whether an officer is undergoing medical internship or initial residency training for purposes of subsections (a)(2)(A), (a)(2)(B), (a)(4), and (b)(1); and

(2) whether an officer is board certified for purposes of subsection (a)(5).


(e) Frequency of Payments.—Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) shall be paid monthly. Special pay payable to an officer under subsection (a)(4) or (b)(1) shall be paid annually at the beginning of the twelve-month period for which the officer is entitled to such payment.

(f) Repayment.—An officer who does not complete the period for which the payment was made under subsection (a)(4) or subsection (b)(1) shall be subject to the repayment provisions of section 303a(e) of this title.

(g) Determination of Creditable Service.—For purposes of this section, creditable service of an officer is computed by adding—

(1) all periods which the officer spent in medical internship or residency training during which the officer was not on active duty; and

(2) all periods of active service in the Medical Corps of the Army or Navy, as an officer of the Air Force designated as a medical officer, or as a medical officer of the Public Health Service.


(h) Reserve Medical Officers Special Pay.—(1) A reserve medical officer described in paragraph (2) is entitled to special pay at the rate of $450 a month for each month of active duty, including active duty in the form of annual training, active duty for training, and active duty for special work.

(2) A reserve medical officer referred to in paragraph (1) is a reserve officer who—

(A) is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer; and

(B) is on active duty under a call or order to active duty for a period of less than one year.


(i) Effect of Discharge in Bankruptcy.—A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under subsection (c)(2) or (f). This paragraph applies to any case commenced under title 11 after September 30, 1985.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 464; Pub. L. 88–2, §5, Mar. 28, 1963, 77 Stat. 4; Pub. L. 88–132, §4, Oct. 2, 1963, 77 Stat. 212; Pub. L. 89–718, §53, Nov. 2, 1966, 80 Stat. 1122; Pub. L. 90–40, §5, June 30, 1967, 81 Stat. 105; Pub. L. 92–129, title I, §104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 93–64, title II, §201, July 9, 1973, 87 Stat. 149; Pub. L. 93–274, §1(1), May 6, 1974, 88 Stat. 94; Pub. L. 96–284, §2(a), June 28, 1980, 94 Stat. 587; Pub. L. 96–513, title IV, §415, Dec. 12, 1980, 94 Stat. 2906; Pub. L. 99–145, title VI, §640, Nov. 8, 1985, 99 Stat. 652; Pub. L. 99–661, div. A, title XIII, §§1342(d), 1343(b)(1), Nov. 14, 1986, 100 Stat. 3991, 3995; Pub. L. 100–180, div. A, title VII, §716(a), Dec. 4, 1987, 101 Stat. 1113; Pub. L. 101–189, div. A, title VII, §702(a)–(f), Nov. 29, 1989, 103 Stat. 1468, 1469; Pub. L. 101–510, div. A, title VI, §612, Nov. 5, 1990, 104 Stat. 1577; Pub. L. 106–398, §1 [[div. A], title VI, §625(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153; Pub. L. 107–314, div. A, title VI, §615(c), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, §687(b)(4), Jan. 6, 2006, 119 Stat. 3328; Pub. L. 110–181, div. A, title VI, §615(a), Jan. 28, 2008, 122 Stat. 150.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
302(a)

 

 

 

 

302(b)

 

 

 

 

302(c)

37:234(a).

37:234(b) (introductory clause and last proviso, less applicability to veterinarians).

37:234(b) (less introductory clause, less provisos, and less applicability to veterinarians).

37:234(b) (1st and 2d provisos, less applicability to veterinarians).

Oct. 12, 1949, ch. 681, §203(a), (b) (less applicability to veterinarians), 63 Stat. 809; June 25, 1952, ch. 459, §1, 66 Stat. 156; June 29, 1953, ch. 138, §8 (less applicability to veterinarians), 67 Stat. 89; June 30, 1955, ch. 250, §203, 69 Stat. 225; Apr. 30, 1956, ch. 223, §5, 70 Stat. 122; Mar. 23, 1959, Pub. L. 86–4, §5, 73 Stat. 13.

In subsection (a), clause (1) is substituted for section 234(a)(1), (2), and (3) of existing title 37. The words "of the Regular Army or the Regular Navy" and "of the Regular Air Force" are inserted in clauses (1)(A) and (B), respectively, since, in contradistinction to section 234(a)(4) of existing title 37, their source was intended to apply only to regular officers. Clauses (2) (A) and (B) are substituted for the enumeration of categories in section 234(a)(4) of existing title 37 to reflect current usage and designation of those categories. Clause (3) is substituted for section 234(a)(5) and (6) of existing title 37.

In subsection (c), the words "disability retirement pay" are omitted as covered by the words "retired pay". Section 234(b) (2d proviso) of existing title 37 is omitted as obsolete.

Amendments

2008—Subsec. (b)(1). Pub. L. 110–181 substituted "$75,000" for "$50,000".

2006—Subsec. (c)(2). Pub. L. 109–163, §687(b)(4)(A), added second sentence and struck out former second sentence which read as follows: "If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period of active duty that he served, and he may be required to refund any amount in excess of that entitlement."

Subsec. (f). Pub. L. 109–163, §687(b)(4)(B), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: "An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) or (b)(1) shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made."

2002—Subsec. (b)(1). Pub. L. 107–314 inserted second sentence and struck out former second sentence which read as follows: "No payment to an officer under this subsection may exceed $16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992."

2000—Subsec. (h)(1). Pub. L. 106–398 inserted before period at end ", including active duty in the form of annual training, active duty for training, and active duty for special work".

1990—Subsec. (a)(3). Pub. L. 101–510 substituted "$7,000" for "$1,000".

1989—Subsec. (a). Pub. L. 101–189, §702(f)(1), inserted heading.

Subsec. (a)(2). Pub. L. 101–189, §702(f)(9), struck out "of this subsection" after "paragraph (1)" in introductory provisions.

Subsec. (a)(2)(C) to (I). Pub. L. 101–189, §702(a), in subpar. (C), substituted "$12,000" for "$10,000", in subpar. (D), substituted "$11,500" for "$9,500", in subpar. (E), substituted "$11,000" for "$9,000", in subpar. (F), substituted "$10,000" for "$8,000", in subpar. (G), substituted "$9,000" for "$7,000", in subpar. (H), substituted "$8,000" for "$6,000", and in subpar. (I), substituted "$7,000" for "$5,000".

Subsec. (a)(3). Pub. L. 101–189, §702(f)(9), struck out "of this subsection" after "paragraph (1)".

Subsec. (a)(4). Pub. L. 101–189, §702(f)(9), struck out "of this section" after "subsection (c)" and "of this subsection" after "paragraph (2) or (3)".

Pub. L. 101–189, §702(b), struck out subpar. (A) designation, substituted "is entitled to additional special pay of $15,000" for "who has less than ten years of creditable service is entitled to additional special pay of $9,000", and struck out subpar. (B) which read as follows: "Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has ten or more years of creditable service is entitled to additional special pay of $10,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training."

Subsec. (a)(5). Pub. L. 101–189, §702(f)(9), struck out "of this subsection" after "paragraph (2) or (3)".

Pub. L. 101–189, §702(c), in subpar. (A), substituted "$2,500" for "$2,000", in subpar. (B), substituted "$3,500" for "$2,500", in subpar. (C), substituted "$4,000" for "$3,000", in subpar. (D), substituted "$5,000" for "$4,000", and in subpar. (E), substituted "$6,000" for "$5,000".

Subsec. (b). Pub. L. 101–189, §702(f)(2), inserted heading.

Subsec. (b)(1). Pub. L. 101–189, §702(f)(9), struck out "of this section" after "subsection (c)" and "subsection (a)(2)" and struck out "of this subsection" after "paragraph (2)".

Pub. L. 101–189, §702(d), substituted "$16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992" for "$8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill".

Subsec. (b)(2). Pub. L. 101–189, §702(f)(9), struck out "of this subsection" after "paragraph (1)".

Subsec. (c). Pub. L. 101–189, §702(f)(9), struck out "of this section" after "subsection (a)(4)" and "subsection (b)" in par. (1) and after "or (b)(1)" in par. (2).

Pub. L. 101–189, §702(f)(3), inserted heading.

Subsec. (d). Pub. L. 101–189, §702(f)(9), struck out "of this section" after "and (b)(1)" in par. (1) and after "subsection (a)(5)" in par. (2).

Pub. L. 101–189, §702(f)(4), inserted heading.

Subsec. (e). Pub. L. 101–189, §702(f)(9), struck out "of this section" after "subsection (a)" and "or (b)(1)".

Pub. L. 101–189, §702(f)(5), inserted heading.

Subsec. (f). Pub. L. 101–189, §702(f)(9), struck out "of this section" after "or (b)(1)".

Pub. L. 101–189, §702(f)(6), inserted heading.

Subsec. (g). Pub. L. 101–189, §702(f)(7), inserted heading.

Subsec. (h). Pub. L. 101–189, §702(e), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows:

"(1) Any reserve officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer—

"(A) who has served on active duty as a medical officer for not less than one year; and

"(B) who is on active duty under a call or order to active duty for a period of less than one year;

is entitled to special pay in accordance with this subsection.

"(2) An officer described in paragraph (1) of this subsection is entitled to special pay at the rate of—

"(A) $100 a month for each month of active duty, if he has not completed two years of active duty; or

"(B) $350 a month for each month of active duty, if he has completed at least two years of active duty."

Subsec. (i). Pub. L. 101–189, §702(f)(9), struck out "of this section" after "or (f)".

Pub. L. 101–189, §702(f)(8), inserted heading.

1987—Subsec. (b)(1). Pub. L. 100–180, §716(a)(1), (2), struck out "in an amount not to exceed $8,000" after "incentive special pay" and inserted at end "No payment to an officer under this subsection may exceed $8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill."

Subsec. (b)(3). Pub. L. 100–180, §716(a)(3), struck out par. (3) which read as follows: "The amount that may be paid for incentive special pay under this subsection in any fiscal year may not exceed an amount equal to 6 percent of the total amount paid in such year for special pay under subsection (a) of this section and paragraph (1) of this subsection."

1986—Subsec. (h)(1)(B). Pub. L. 99–661, §1342(d), amended subpar. (B) generally, substituting "period of less than one year" for "period of not less than one year".

Subsec. (i). Pub. L. 99–661, §1343(b)(1), substituted "subsection (c)(2) or (f) of this section" for "paragraph (1) of this subsection".

1985—Subsec. (h)(1)(B). Pub. L. 99–145, §640(1), substituted "who is" for "is not".

Subsec. (i). Pub. L. 99–145, §640(2), added subsec. (i).

1980—Pub. L. 96–284, in revising text, added subsecs. (a) to (g) provisions covering special pay for medical officers of the armed forces, and struck out former provision for special pay of physicians in the Army, Navy, Air Force, and Public Health Service, amounting to $100 or $350 a month for each month of active duty in cases of active duty in named category of less than two years or two years or more of duty, now covered as to Public Health Service in section 302c of this title, and struck out prohibition against inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay.

Subsec. (h). Pub. L. 96–513 added subsec. (h).

1974—Pub. L. 93–274 reduced for uniformed services physicians the present four steps of special pay, which require the completion of ten years of active duty before attaining eligibility for the $350 per month maximum down to two steps, with the maximum being reached upon completion of two years of active duty, and repealed provisions relating to special pay for dentists. See section 302b of this title.

1973—Subsec. (a). Pub. L. 93–64 substituted "July 1, 1975" for "July 1, 1973" wherever appearing.

1971—Subsec. (a). Pub. L. 92–129 substituted "July 1, 1973" for "July 1, 1971" wherever appearing.

1967—Subsec. (a). Pub. L. 90–40 substituted "July 1, 1971" for "July 1, 1967" wherever appearing.

1966—Subsec. (b). Pub. L. 89–718 substituted "or" for "and" at end of par. (3).

1963—Subsec. (a). Pub. L. 88–2 substituted "July 1, 1967" for "July 1, 1963" wherever appearing.

Subsec. (b)(3), (4). Pub. L. 88–132 increased monthly special pay of officers completing at least six years of active duty from $200 to $250 in par. (3), and officers completing at least 10 years of active duty from $250 to $350 in par. (4).

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 applicable with respect to agreements entered into under section 301d(a) or 302b(c) of this title on or after Jan. 28, 2008, see section 615(c) of Pub. L. 110–181, set out as a note under section 301d of this title.

Effective Date of 1989 Amendment

Pub. L. 101–189, div. A, title VII, §702(g), Nov. 29, 1989, 103 Stat. 1469, provided that:

"(1) The amendments made by subsections (a) and (c) [amending this section] shall take effect on January 1, 1990.

"(2) The amendments made by subsections (b) and (d) [amending this section] shall apply to an agreement entered into under section 302(c)(1) of title 37, United States Code, on or after the date of the enactment of this Act [Nov. 29, 1989].

"(3) The amendment made by subsection (e) [amending this section] shall take effect on January 1, 1990, and shall apply to pay periods beginning on or after such date."

Effective Date of 1986 Amendment

Amendment by section 1342(d) of Pub. L. 99–661 effective Nov. 14, 1986, see section 1342(h)(1) of Pub. L. 99–661, set out as a note under section 301 of this title.

Effective Date of 1980 Amendments

Amendment by Pub. L. 96–513 effective July 1, 1980, see section 701(b)(2) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Pub. L. 96–284, §8, June 28, 1980, 94 Stat. 594, provided that: "The amendments made by sections 2 and 3 [enacting section 302c of this title and amending this section and section 313 of this title] shall apply to special pay payable for periods beginning after the last day of the month in which this Act is enacted [June 1980]."

Effective Date of 1974 Amendment

Pub. L. 93–274, §2, May 6, 1974, 88 Stat. 96, as amended by Pub. L. 94–273, §2(18), Apr. 21, 1976, 90 Stat. 375; Pub. L. 94–361, title III, §305, July 14, 1976, 90 Stat. 926; Pub. L. 95–114, §1, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95–485, title VIII, §801(a), Oct. 20, 1978, 92 Stat. 1619, which provided that the amendments made by this Act, enacting sections 302b and 313 of this title and amending this section and section 311 of this title, become effective on June 1, 1974, with the authority for the special pay provided by the amendments made by the first section of this Act, enacting sections 302b and 313 of this title and amending this section and section 311 of this title, to expire on Sept. 30, 1980, was repealed by Pub. L. 96–284, §4(e), June 28, 1980, 94 Stat. 592.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under section 401 of this title.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of this title.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Application of Increase

In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title.

Prohibition on Use of Appropriations To Pay Bonuses to Certain Regular or Reserve Medical Officers of Public Health Service

Pub. L. 102–394, title II, §207, Oct. 6, 1992, 106 Stat. 1811, provided that: "None of the funds made available by this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts shall be used to provide special retention pay (bonuses) under paragraph (4) of 37 U.S.C. 302(a) to any regular or reserve medical officer of the Public Health Service for any period during which the officer is assigned to the clinical, research, or staff associate program administered by the National Institutes of Health or the Substance Abuse and Mental Health Services Administration."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 102–170, title II, §207, Nov. 26, 1991, 105 Stat. 1127.

Pub. L. 101–517, title II, §207, Nov. 5, 1990, 104 Stat. 2209.

Pub. L. 101–166, title II, §208, Nov. 21, 1989, 103 Stat. 1177.

Pub. L. 100–202, §101(h) [title II, §208], Dec. 22, 1987, 101 Stat. 1329–256, 1329-274.

Medical Officer Retention Bonus

Pub. L. 101–189, div. A, title VII, §703(e)–(g), Nov. 29, 1989, 103 Stat. 1470, 1471, as amended by Pub. L. 102–25, title VII, §705(b), Apr. 6, 1991, 105 Stat. 120, provided that, in the case of an agreement that was executed by a medical officer under section 612 of Pub. L. 100–456, formerly set out below, before Oct. 1, 1989, but that was not accepted by the Secretary concerned solely because of the limitation contained in section 612(h), the Secretary concerned could accept such agreement during the 90-day period beginning on Nov. 29, 1989.

Pub. L. 100–456, div. A, title VI, §612, Sept. 29, 1988, 102 Stat. 1979, as amended by Pub. L. 101–189, div. A, title VII, §703(a)–(d), Nov. 29, 1989, 103 Stat. 1469, 1470, provided that a covered medical officer who, during the period beginning on Jan. 1, 1989, and ending on Sept. 30, 1990, executed a written agreement to remain on active duty for at least two years after completion of any other active-duty service commitment could, upon acceptance of the written agreement by the Secretary concerned, be paid a retention bonus as provided in this section.

Special Pay for Critically Short Wartime Health Specialists in Selected Reserve

Pub. L. 100–456, div. A, title VI, §613, Sept. 29, 1988, 102 Stat. 1981, as amended by Pub. L. 101–510, div. A, title VI, §616, Nov. 5, 1990, 104 Stat. 1578; Pub. L. 103–160, div. A, title VI, §613(g), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, §613(f), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title XV, §1502(c)(5), Feb. 10, 1996, 110 Stat. 508, which established a pilot test program of special pay for officers of reserve components of the Armed Forces in critically short wartime health care professions who agreed to serve in the Selected Reserve, was repealed and reenacted as section 302g of this title by Pub. L. 104–106, div. A, title VI, §614(a)(1), (c)(1), Feb. 10, 1996, 110 Stat. 360, 361.

[Pub. L. 104–106, div. A, title VI, §614(c)(2), Feb. 10, 1996, 110 Stat. 361, provided that: "The provisions of section 613 of the National Defense Authorization Act, Fiscal Year 1989 [Pub. L. 100–456, formerly set out as a note above], as in effect on the day before the date of the enactment of this Act [Feb. 10, 1996], shall continue to apply to agreements entered into under such section before such date."]

Preservation of Entitlement for Reserve Medical Officers

Pub. L. 96–513, title VI, §641, Dec. 12, 1980, 94 Stat. 2954, as amended by Pub. L. 97–22, §8(o), July 10, 1981, 97 Stat. 136, provided that: "Any person—

"(1) who before June 30, 1980, served on active duty for not less than one year as a reserve officer of the Medical Corps or Dental Corps of the Army or the Medical Corps or Dental Corps of the Navy, as a reserve officer of the Air Force designated as a medical officer or dental officer, or as a reserve medical officer or dental officer of the Public Health Service; and

"(2) who after having so served on active duty for not less than one year received special pay under section 302 or 302b of title 37, United States Code, as in effect during the period beginning on May 6, 1974, and ending on June 30, 1980, for service performed during such period,

shall be considered to have been entitled to such pay as if that part of such section, as in effect during such period, which read 'who is on active duty for a period of at least one year' read 'who has served on active duty for not less than one year'."

Transition Provisions

Pub. L. 96–284, §7, June 28, 1980, 94 Stat. 593, provided that: "Notwithstanding any provision of the amendments made by this Act; [see Short Title of 1980 Amendment note set out under section 101 of this title], and in accordance with regulations to be prescribed by the Secretary of Defense, any officer of the Army, Navy, or Air Force who at any time before the effective date of the amendments made by this Act [see Effective Date of 1980 Amendment note set out above] was entitled to special pay under section 302 of title 37, United States Code, and any officer who after such effective date would have become entitled to special pay under such section (as in effect on the day before such effective date) had such section continued in effect, shall be paid basic pay and special pay under section 302 of such title (as in effect on and after the effective date of the amendments made by this Act) in a total amount not less than the total amount of the basic pay (as in effect on the day before such date) and special pay applicable (or which would have been applicable) to such officer under sections 302, 311, and 313 of such title (as in effect on the day before such date and computed on the rates of basic pay as in effect on the day before such date)."

§302a. Special pay: optometrists

(a) Regular Special Pay.—Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:

(1) A commissioned officer—

(A) of the Regular Army, Regular Navy, or Regular Air Force who is designated as an optometry officer; or

(B) who is an optometry officer of the Regular Corps of the Public Health Service.


(2) A commissioned officer—

(A) of a Reserve component of the Army, Navy, or Air Force who is designated as an optometry officer; or

(B) who is an optometry officer of the Reserve Corps of the Public Health Service,


who is on active duty as a result of a call or order to active duty for a period of at least one year.

(3) A general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, Air Force, or the National Guard, as the case may be.


(b) Retention Special Pay.—(1) Under regulations prescribed under section 303a(a) of this title, the Secretary concerned may pay an officer described in paragraph (2) a retention special pay of not more than $15,000 for any twelve-month period during which the officer is not undergoing an internship or initial residency training.

(2) An officer referred to in paragraph (1) is an officer of a uniformed service who—

(A) is entitled to special pay under subsection (a);

(B) has completed any initial active-duty service commitment incurred for education and training; and

(C) is determined by the Secretary concerned to be qualified as an optometrist.


(3) An officer may not be paid retention special pay under paragraph (1) for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay.

(4) The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). An officer who does not complete the period for which the payment was made under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 92–129, title II, §202(a), Sept. 28, 1971, 85 Stat. 357; amended Pub. L. 93–64, title II, §202, July 9, 1973, 87 Stat. 149; Pub. L. 95–114, §2, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95–485, title VIII, §801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96–284, §4(a), June 28, 1980, 94 Stat. 591; Pub. L. 100–26, §8(d)(2), Apr. 21, 1987, 101 Stat. 285; Pub. L. 101–510, div. A, title VI, §617(a), Nov. 5, 1990, 104 Stat. 1578; Pub. L. 104–201, div. A, title VI, §614(a), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 106–398, §1 [[div. A], title VI, §626(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153; Pub. L. 107–314, div. A, title VI, §615(d), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, §687(b)(5), Jan. 6, 2006, 119 Stat. 3328.)

Amendments

2006—Subsec. (b)(4). Pub. L. 109–163 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). If such eligibility is terminated, the officer concerned shall receive such special pay only for the part of the period of active duty that the officer served and may be required to refund any amount in excess of that amount."

2002—Subsec. (b)(1). Pub. L. 107–314 substituted "$15,000" for "$6,000".

2000—Subsec. (b)(1). Pub. L. 106–398 substituted "the Secretary concerned may pay an officer described in paragraph (2) a" for "an officer described in paragraph (2) may be paid".

1996—Subsec. (b)(2). Pub. L. 104–201, §614(a)(1)(A), substituted "a uniformed service" for "an armed force" in introductory provisions.

Subsec. (b)(2)(C). Pub. L. 104–201, §614(a)(1)(B), struck out "of the military department" before "concerned to be".

Subsec. (b)(4). Pub. L. 104–201, §614(a)(2), struck out "of the military department" before "concerned may terminate".

1990—Pub. L. 101–510 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1987—Pub. L. 100–26 substituted "A" for "a" at beginning of pars. (1) to (3), "; or" for ", or" at end of par. (1)(A), period for semicolon at end of par. (1)(B), and period for "; and" at end of par. (2).

1980—Pub. L. 96–284 substituted "Each" for "(a) In addition to any other basic pay, special pay, incentive pay or allowance to which he is entitled, each", struck out "beginning on or after October 1, 1977" after "active duty", struck out subsec. (b) which prohibited inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay, and struck out subsec. (c) which provided that no special pay be paid for any month after September 1980.

1978—Subsec. (c). Pub. L. 95–485 substituted "September 1980" for "September 1978".

1977—Subsec. (a). Pub. L. 95–114 amended subsec. (a) to provide for the reinstatement of special pay provisions for optometrists for each month on active duty beginning on or after Oct. 1, 1977.

Subsecs. (b), (c). Pub. L. 95–114 reenacted subsec. (b) without change and added subsec. (c).

1973—Subsec. (a). Pub. L. 93–64 substituted "July 1, 1975" for "July 1, 1973" wherever appearing.

Effective Date of 1977 Amendment

Pub. L. 95–114, §4, Sept. 30, 1977, 91 Stat. 1047, provided that: "The amendments made by sections 2 and 3 of this Act [amending this section and section 303 of this title] become effective on October 1, 1977."

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under section 401 of this title.

Effective Date

Pub. L. 92–129, title II, §209, Sept. 28, 1971, 85 Stat. 359, provided that: "The foregoing provisions of this title [enacting this section and section 428 of this title and amending sections 203 and 403 of this title and sections 2204 and 2207 of the former Appendix to Title 50, War and National Defense] shall become effective on October 1, 1971, except that section 203 [enacting section 308a of this title] shall become effective on such date as shall be prescribed by the Secretary of Defense, but not earlier than February 1, 1971, and section 206 [amending section 2203 of the former Appendix to Title 50] shall become effective July 1, 1971."

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Application of Increase

In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title.

Implementation of Subsection (b)

Pub. L. 101–510, div. A, title VI, §617(b), Nov. 5, 1990, 104 Stat. 1579, provided that the Secretary of Defense could not implement subsec. (b) of this section, unless the Secretary submitted to the Committees on Armed Services of the Senate and House of Representatives a report justifying the need of the military departments for the authority provided in such subsection and describing the manner in which that authority would be implemented, prior to repeal by Pub. L. 106–398, §1 [[div. A], title VI, §626(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153.

Pay Continuation

Enactment of this section not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92–129, set out as a note under section 203 of this title.

§302b. Special pay: dental officers of the armed forces

(a) Variable, Additional, Board Certification, and Incentive Special Pay.—(1) An officer who—

(A) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and

(B) is on active duty under a call or order to active duty for a period of not less than one year,


is entitled to special pay in accordance with this subsection.

(2) An officer described in paragraph (1) who is serving in a pay grade below pay grade O–7 is entitled to variable special pay at the following rates:

(A) $3,000 per year, if the officer is undergoing dental internship training or has less than three years of creditable service.

(B) $7,000 per year, if the officer has at least three but less than six years of creditable service and is not undergoing dental internship training.

(C) $7,000 per year, if the officer has at least six but less than eight years of creditable service.

(D) $12,000 per year, if the officer has at least eight but less than 12 years of creditable service.

(E) $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

(F) $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

(G) $8,000 per year, if the officer has 18 or more years of creditable service.


(3) An officer described in paragraph (1) who is serving in a pay grade above pay grade O–6 is entitled to variable special pay at the rate of $7,000 per year.

(4) An officer who is entitled to variable special pay under paragraph (2) or (3) is also entitled to additional special pay for any 12-month period during which an agreement executed under subsection (b) is in effect with respect to the officer. Such additional special pay shall be paid at a rate determined by the Secretary concerned, which rate may not exceed the following:

(A) $10,000 per year, if the officer has less than three years of creditable service.

(B) $12,000 per year, if the officer has at least three but less than 10 years of creditable service.

(C) $15,000 per year, if the officer has 10 or more years of creditable service.


(5) An officer who is entitled to variable special pay under paragraph (2) or (3) and who is board certified is entitled to additional special pay at the following rates:

(A) $2,500 per year, if the officer has less than 10 years of creditable service.

(B) $3,500 per year, if the officer has at least 10 but less than 12 years of creditable service.

(C) $4,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

(D) $5,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

(E) $6,000 per year, if the officer has 18 or more years of creditable service.


(6) An officer described in paragraph (1) who is an oral or maxillofacial surgeon may be paid incentive special pay at the same rates, and subject to the same terms and conditions, as incentive special pay available for medical officers under section 302(b) of this title.

(b) Active-Duty Agreement.—(1) An officer may not be paid additional special pay under paragraph (4) or (6) of subsection (a) for any 12-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay.

(2) Under regulations prescribed by the Secretary of Defense under section 303a(a) of this title, the Secretary of the military department concerned may terminate at any time an officer's entitlement to the special pay authorized by paragraph (4) or (6) of subsection (a). If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.

(c) Regulations.—Regulations prescribed by the Secretary of Defense under section 303a(a) of this title shall include standards for determining—

(1) whether an officer is undergoing internship or residency training for purposes of subsections (a)(2)(A), (a)(2)(B), and (a)(4); and

(2) whether an officer is board certified for purposes of subsection (a)(5).


(d) Frequency of Payments.—Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) shall be paid monthly. Special pay payable to an officer under paragraph (4) or (6) of subsection (a) shall be paid annually at the beginning of the 12-month period for which the officer is entitled to such payment.

(e) Repayment.—An officer who does not complete the period of active duty specified in the agreement referred to in subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title.

(f) Determination of Creditable Service.—For purposes of this section, creditable service of an officer is computed by adding—

(1) all periods which the officer spent in dental internship or residency training during which the officer was not on active duty; and

(2) all periods of active service in the Dental Corps of the Army or Navy, as an officer of the Air Force designated as a dental officer, or as a dental officer of the Public Health Service.


(g) Reserve Dental Officers Special Pay.—(1) A reserve dental officer described in paragraph (2) is entitled to special pay at the rate of $350 a month for each month of active duty, including active duty in the form of annual training, active duty for training, and active duty for special work.

(2) A reserve dental officer referred to in paragraph (1) is a reserve officer who—

(A) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and

(B) is on active duty under a call or order to active duty for a period of less than one year.

(Added Pub. L. 93–274, §1(2), May 6, 1974, 88 Stat. 94; amended Pub. L. 96–284, §4(b), June 28, 1980, 94 Stat. 591; Pub. L. 99–145, title VI, §639(a), Nov. 8, 1985, 99 Stat. 649; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–201, div. A, title VI, §615(a), (b), (e), Sept. 23, 1996, 110 Stat. 2545, 2547; Pub. L. 105–85, div. A, title VI, §618, Nov. 18, 1997, 111 Stat. 1789; Pub. L. 109–163, div. A, title VI, §§625, 626, 687(b)(6), Jan. 6, 2006, 119 Stat. 3295, 3328; Pub. L. 109–364, div. A, title VI, §615(a), Oct. 17, 2006, 120 Stat. 2249; Pub. L. 110–181, div. A, title VI, §616(a), Jan. 28, 2008, 122 Stat. 150.)

Amendments

2008—Subsec. (a)(4). Pub. L. 110–181, §616(a)(1), substituted "at a rate determined by the Secretary concerned, which rate may not exceed the following" for "at the following rates" in introductory provisions.

Subsec. (a)(4)(A). Pub. L. 110–181, §616(a)(2), substituted "$10,000" for "$4,000".

Subsec. (a)(4)(B). Pub. L. 110–181, §616(a)(3), substituted "$12,000" for "$6,000".

2006—Subsec. (a). Pub. L. 109–163, §625(a)(1), substituted "Board Certification, and Incentive" for "and Board Certification" in heading.

Subsec. (a)(4). Pub. L. 109–364 in introductory provisions substituted "An officer who is entitled to variable special pay under paragraph (2) or (3) is also entitled to additional special pay for any 12-month period during which an agreement executed under subsection (b) is in effect with respect to the officer" for "Subject to subsection (b), an officer entitled to variable special pay under paragraph (2) or (3) also is entitled to additional special pay for any 12-month period during which the officer is not undergoing dental internship or initial residency training".

Pub. L. 109–163, §626, inserted "also" before "is entitled" and "initial" before "residency" in introductory provisions.

Subsec. (a)(6). Pub. L. 109–163, §625(a)(2), added par. (6).

Subsec. (b). Pub. L. 109–163, §625(b), substituted "paragraph (4) or (6) of subsection (a)" for "subsection (a)(4)" in two places.

Subsec. (b)(2). Pub. L. 109–163, §687(b)(6)(A), added second sentence and struck out former second sentence which read as follows: "If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period on active duty that the officer served, and the officer may be required to refund any amount in excess of that entitlement."

Subsec. (d). Pub. L. 109–163, §625(b), substituted "paragraph (4) or (6) of subsection (a)" for "subsection (a)(4)".

Subsec. (e). Pub. L. 109–163, §687(b)(6)(B), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: "An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made."

Subsecs. (f) to (h). Pub. L. 109–163, §687(b)(6)(C), (D), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out heading and text of former subsec. (f). Text read as follows: "A discharge in bankruptcy under title 11 shall not release a person from an obligation to reimburse the United States required under the terms of an agreement described in subsection (b) if the final decree of the discharge in bankruptcy was issued within a period of five years after the last day of a period which such person had agreed to serve on active duty. This subsection applies to a discharge in bankruptcy in any proceeding which begins after September 30, 1985."

1997—Subsec. (a)(2)(C) to (G). Pub. L. 105–85, §618(a), added subpars. (C) to (G) and struck out former subpars. (C) to (F) which read as follows:

"(C) $7,000 per year, if the officer has at least six but less than 10 years of creditable service.

"(D) $6,000 per year, if the officer has at least 10 but less than 14 years of creditable service.

"(E) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

"(F) $3,000 per year, if the officer has 18 or more years of creditable service."

Subsec. (a)(3). Pub. L. 105–85, §618(b), substituted "$7,000" for "$1,000".

Subsec. (a)(4)(B) to (D). Pub. L. 105–85, §618(c), added subpars. (B) and (C) and struck out former subpars. (B) to (D) which read as follows:

"(B) $6,000 per year, if the officer has at least three but less than 14 years of creditable service.

"(C) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

"(D) $10,000 per year, if the officer has at least 18 or more years of creditable service."

1996—Subsec. (a). Pub. L. 104–201, §615(e)(1), inserted heading.

Subsec. (a)(2). Pub. L. 104–201, §615(a)(1), substituted "$3,000" for "$1,200" in subpar. (A), "$7,000" for "$2,000" in subpar. (B), and "$7,000" for "$4,000" in subpar. (C).

Subsec. (a)(4). Pub. L. 104–201, §615(a)(2), added subpars. (A) to (D) and struck out former subpars. (A) to (C) which read as follows:

"(A) $6,000 per year, if the officer has at least three but less than 14 years of creditable service.

"(B) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

"(C) $10,000 per year, if the officer has 18 or more years of creditable service."

Subsec. (a)(5). Pub. L. 104–201, §615(a)(3), added subpars. (A) to (E) and struck out former subpars. (A) to (C) which read as follows:

"(A) $2,000 per year, if the officer has less than 12 years of creditable service.

"(B) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

"(C) $4,000 per year, if the officer has 14 or more years of creditable service."

Subsecs. (b) to (g). Pub. L. 104–201, §615(e)(2)–(7), inserted headings.

Subsec. (h). Pub. L. 104–201, §615(b), added subsec. (h).

1991—Pub. L. 102–25 struck out "of this section" wherever appearing, except in subsec. (g), and struck out "of this subsection" wherever appearing.

1985—Pub. L. 99–145 amended section generally, substituting "Special pay: dental officers of the armed forces" for "Special pay: dentists" in section catchline and new text for former text which read as follows: "An officer of the Army or Navy in the Dental Corps, an officer of the Air Force who is designated as a dental officer, or a dental officer of the Public Health Service, who is on active duty for a period of at least one year is entitled to special pay at the following rates—

"(1) $100 a month for each month of active duty if he has not completed two years of active duty in the Dental Corps or as a dental officer;

"(2) $150 a month for each month of active duty if he has completed at least two years of active duty in the Dental Corps or as a dental officer;

"(3) $250 a month for each month of active duty if he has completed at least six years of active duty in the Dental Corps or as a dental officer; or

"(4) $350 a month for each month of active duty if he has completed at least ten years of active duty in the Dental Corps or as a dental officer."

1980—Pub. L. 96–284 struck out ", in addition to any other pay or allowances to which he is entitled," after "entitled" and last sentence containing prohibition against inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay.

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title VI, §616(b), Jan. 28, 2008, 122 Stat. 150, provided that: "The amendments made by this section [amending this section] shall apply with respect to agreements entered into under section 302b(b) of title 37, United States Code, on or after the date of the enactment of this Act [Jan. 28, 2008]."

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, §615(b), Oct. 17, 2006, 120 Stat. 2249, provided that: "The amendment made by this section [amending this section] shall take effect on October 1, 2006."

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §639(f), Nov. 8, 1985, 99 Stat. 651, provided that: "The amendments made by this section [amending this section, repealing section 311 of this title, and enacting provisions set out as notes under this section] take effect on October 1, 1985."

Effective Date

Section effective June 1, 1974, see section 2 of Pub. L. 93–274, set out as an Effective Date of 1974 Amendment note under section 302 of this title.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Authority for Certain Dental Officers To Execute New Agreements

Pub. L. 99–145, title VI, §639(c), Nov. 8, 1985, 99 Stat. 651, provided that:

"(1) Subject to paragraphs (2) and (3), a dental officer who on October 1, 1985, is performing obligated service under an agreement under section 311 of title 37, United States Code, that—

"(A) was executed after June 29, 1985; and

"(B) is affected by the limitation in section 8091 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98–473),

may execute a new agreement under section 302b of such title (as amended by subsection (a)).

"(2) A dental officer may not execute a new agreement under paragraph (1) unless the amount that may be paid such officer under an agreement under section 302b of title 37, United States Code (as amended by subsection (a)), is greater than the amount to be paid the officer under the existing agreement of the officer under section 311 of such title.

"(3) In executing a written agreement under paragraph (1), the officer shall agree to remain on active duty for an additional length of time equal to or exceeding the length of time originally required by the existing agreement, beginning on the date the officer accepts the award of special pay under the new agreement.

"(4) If a new agreement is executed under this subsection, the existing agreement of the officer shall be canceled.

"(5) For the purposes of this section, the term 'dental officer' has the meaning given that term in section 101 of title 10, United States Code."

Minimum Special Pay

Pub. L. 99–145, title VI, §639(d), Nov. 8, 1985, 99 Stat. 651, as amended by Pub. L. 99–661, div. A, title XIII, §1342(c), Nov. 14, 1986, 100 Stat. 3991, provided that:

"(1) An officer described in paragraph (2) who, after September 30, 1985, is entitled to special pay under section 302b of title 37, United States Code (as amended by subsection (a)), may (notwithstanding the provisions of such section and in the discretion of the Secretary concerned) be paid such pay, in order to prevent inequities, in an annual amount equal to the total annual amount of dental continuation pay under section 311 of title 37, United States Code, and special pay for dental officers under section 302b of that title to which that officer would have been entitled on September 30, 1985, in accordance with the status of the officer (as determined by the Secretary concerned) during the period for which the pay is paid. Notwithstanding the preceding sentence, an officer may not be paid special pay by reason of this paragraph in an amount greater than the amount of special pay to which the officer was entitled under such sections on September 30, 1985.

"(2) Paragraph (1) applies to an officer who on September 30, 1985, is entitled to dental continuation pay under section 311 of title 37, United States Code; or to special pay for dental officers under section 302b of that title."

[Amendment of this note by Pub. L. 99–661 effective Nov. 14, 1986, see section 1342(h)(1) of Pub. L. 99–661, set out as an Effective Date of 1986 Amendment note under section 301 of this title.]

§302c. Special pay: psychologists and nonphysician health care providers

(a) Public Health Service Corps.—A member who is—

(1) an officer in the Regular or Reserve Corps of the Public Health Service and is designated as a psychologist; and

(2) has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology,


is entitled to special pay, as provided in subsection (b).

(b) Rate of Special Pay.—The rate of special pay to which an officer is entitled pursuant to subsection (a) shall be—

(1) $2,000 per year, if the officer has less than 10 years of creditable service;

(2) $2,500 per year, if the officer has at least 10 but less than 12 years of creditable service;

(3) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service;

(4) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service; or

(5) $5,000 per year, if the officer has 18 or more years of creditable service.


(c) Army, Navy, and Air Force Psychologists.—The Secretary of Defense may provide special pay at the rates specified in subsection (b) to an officer who—

(1) is an officer in the Medical Service Corps of the Army or Navy or a biomedical sciences officer in the Air Force;

(2) is designated as a psychologist; and

(3) has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology.


(d) Nonphysician Health Care Providers.—The Secretary concerned may authorize the payment of special pay at the rates specified in subsection (b) to an officer who—

(1) is an officer in the Medical Service Corps of the Army or Navy, a biomedical sciences officer in the Air Force, an officer in the Army Medical Specialist Corps, an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant, or an officer in the Regular or Reserve Corps of the Public Health Service;

(2) is a health care provider (other than a psychologist);

(3) has a postbaccalaureate degree; and

(4) is certified by a professional board in the officer's specialty.

(Added Pub. L. 100–140, §2(a), Oct. 26, 1987, 101 Stat. 830; amended Pub. L. 101–189, div. A, title VII, §704(a), (b)(1), (c), Nov. 29, 1989, 103 Stat. 1471; Pub. L. 101–510, div. A, title VI, §618(a), Nov. 5, 1990, 104 Stat. 1579; Pub. L. 102–25, title VII, §702(a)(2)(A), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, §611, Oct. 23, 1992, 106 Stat. 2420; Pub. L. 104–106, div. A, title VI, §617, Feb. 10, 1996, 110 Stat. 362; Pub. L. 104–201, div. A, title VI, §614(b), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title X, §1073(c)(5), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106–398, §1 [[div. A], title VI, §627], Oct. 30, 2000, 114 Stat. 1654, 1654A-153; Pub. L. 110–181, div. A, title X, §1063(b), Jan. 28, 2008, 122 Stat. 322.)

Prior Provisions

A prior section 302c, added Pub. L. 96–284, §3(a)(1), June 28, 1980, 94 Stat. 589, related to special pay for medical officers of the Public Health Service, prior to repeal by Pub. L. 96–513, title IV, §414(a), Dec. 12, 1980, 94 Stat. 2906, eff. Sept. 15, 1981.

Amendments

2008—Subsec. (d)(1). Pub. L. 110–181 substituted "Service Corps" for "Services Corps".

2000—Subsec. (d)(1). Pub. L. 106–398 inserted "an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant," after "nurse,".

1997—Subsec. (d)(1). Pub. L. 105–85 made technical correction to directory language of Pub. L. 104–201, §614(b)(2)(B). See 1996 Amendment note below.

1996—Subsec. (d). Pub. L. 104–201, §614(b)(1), substituted "Secretary concerned" for "Secretary of Defense" in introductory provisions.

Subsec. (d)(1). Pub. L. 104–201, §614(b)(2)(B), as amended by Pub. L. 105–85, inserted before semicolon at end ", or an officer in the Regular or Reserve Corps of the Public Health Service".

Pub. L. 104–201, §614(b)(2)(A), struck out "or" after "Nurse Corps of the Army or Navy,".

Pub. L. 104–106 struck out "or" after "Air Force," and inserted ", an officer of the Nurse Corps of the Army or Navy, or an officer of the Air Force designated as a nurse" before semicolon at end.

1992—Subsec. (d)(1). Pub. L. 102–484 substituted "Navy," for "Navy or" and inserted before semicolon at end ", or an officer in the Army Medical Specialist Corps".

1991—Pub. L. 102–25 amended section catchline generally.

1990—Subsec. (d). Pub. L. 101–510 added subsec. (d).

1989—Pub. L. 101–189, §704(b)(1), struck out "in the Public Health Service Corps" after "psychologists" in section catchline.

Subsecs. (a), (b). Pub. L. 101–189, §704(c), inserted headings.

Subsec. (c). Pub. L. 101–189, §704(a), added subsec. (c).

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title X, §1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

Effective Date

Pub. L. 100–140, §2(c), Oct. 26, 1987, 101 Stat. 831, provided that: "The amendments made by this section [enacting this section and amending section 303a of this title] shall take effect on October 1, 1987 or on the date of the enactment of this Act [Oct. 26, 1987], whichever is later, and shall apply with respect to pay periods beginning on or after that effective date."

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.

Implementation of Subsection (d)

Pub. L. 101–510, div. A, title VI, §618(b), Nov. 5, 1990, 104 Stat. 1579, provided that: "The Secretary of Defense may not implement subsection (d) of section 302c of title 37, United States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report—

"(1) justifying the need of the military departments for the authority provided in such subsection; and

"(2) describing the manner in which that authority will be implemented."

[Report submitted to Committees on Apr. 29, 1994.]

Implementation of Special Pay for Army, Navy, and Air Force Psychologists

Pub. L. 101–189, div. A, title VII, §704(d), Nov. 29, 1989, 103 Stat. 1471, provided that: "The Secretary of Defense may not implement subsection (c) of section 302c of title 37, United States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report—

"(1) justifying the need of the military departments for the authority provided in such subsection; and

"(2) describing the manner in which that authority will be implemented."

[Report submitted to Committees on Apr. 20, 1994.]

§302c–1. Special pay: accession and retention bonuses for psychologists

(a) Accession Bonus.—

(1) Accession bonus authorized.—A person described in paragraph (2) who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount, subject to subsection (c)(1), determined by the Secretary concerned.

(2) Eligible persons.—A person described in paragraph (1) is any person who—

(A) is a graduate of an accredited school of psychology; and

(B) holds a valid State license to practice as a doctoral level psychologist.


(3) Limitation on eligibility.—A person may not be paid a bonus under this subsection if—

(A) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in psychology; or

(B) the Secretary concerned determines that the person is not qualified to become and remain certified as a psychologist.


(b) Multiyear Retention Bonus.—

(1) Retention bonus authorized.—An officer described in paragraph (2) who executes a written agreement described in subsection (d) to remain on active duty for up to four years after completion of any other active-duty service commitment may, upon acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.

(2) Eligible officers.—An officer described in paragraph (1) is an officer of the armed forces who—

(A) is a psychologist of the armed forces;

(B) is in a pay grade below pay grade O–7;

(C) has at least eight years of creditable service (computed as described in section 302b(f) of this title) or has completed any active-duty service commitment incurred for psychology education and training;

(D) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into the agreement under this subsection); and

(E) holds a valid State license to practice as a doctoral level psychologist.


(c) Maximum Amount of Bonus.—

(1) Accession bonus.—The amount of an accession bonus under subsection (a) may not exceed $400,000.

(2) Retention bonus.—The amount of a retention bonus under subsection (b) may not exceed $25,000 for each year of the agreement of the officer concerned.


(d) Agreement.—The agreement referred to in subsections (a) and (b) shall provide that, consistent with the needs of the armed force concerned, the person or officer executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of such armed force as a psychologist.

(e) Repayment.—

(1) Accession bonus.—A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a psychologist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(2) Retention bonus.—An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title.


(f) Termination of Authority.—No agreement under subsection (a) or (b) may be entered into after December 31, 2017.

(Added Pub. L. 110–417, [div. A], title VI, §620(b)(1), Oct. 14, 2008, 122 Stat. 4490; amended Pub. L. 111–84, div. A, title VI, §612(b)(1), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(1), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(1), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §612(b)(1), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(1), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(1), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(1), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(1), Dec. 23, 2016, 130 Stat. 2158.)

Amendments

2016—Subsec. (f). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (f). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (f). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (f). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (f). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (f). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

§302d. Special pay: accession bonus for registered nurses

(a) Accession Bonus Authorized.—(1) A person who is a registered nurse and who, during the period beginning on November 29, 1989, and ending on December 31, 2017, executes a written agreement described in subsection (c) to accept a commission as an officer and remain on active duty for a period of not less than three years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.

(2) The amount of an accession bonus under paragraph (1) may not exceed $30,000.

(b) Limitation on Eligibility for Bonus.—A person may not be paid a bonus under subsection (a) if—

(1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a baccalaureate degree; or

(2) the Secretary concerned determines that the person is not qualified to become and remain licensed as a registered nurse.


(c) Agreement.—The agreement referred to in subsection (a) shall provide that, consistent with the needs of the uniformed service concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, or an officer designated as a nurse in the commissioned corps of the Public Health Service.

(d) Repayment.—An officer who does not become and remain licensed as a registered nurse during the period for which the payment is made, or who does not complete the period of active duty specified in the agreement entered into under subsection (a), shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 101–189, div. A, title VII, §705(a)(1), Nov. 29, 1989, 103 Stat. 1471; amended Pub. L. 101–510, div. A, title VI, §613(a), title XIV, §1484(d)(2), Nov. 5, 1990, 104 Stat. 1577, 1716; Pub. L. 102–484, div. A, title VI, §612(g), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103–160, div. A, title VI, §611(b), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 103–337, div. A, title VI, §612(b), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, §612(b), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104–201, div. A, title VI, §612(b), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105–85, div. A, title VI, §612(b), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, §612(b), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §612(b), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106–398, §1 [[div. A], title VI, §622(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151; Pub. L. 107–107, div. A, title VI, §612(b), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107–314, div. A, title VI, §§612(c), 615(e), Dec. 2, 2002, 116 Stat. 2567, 2568; Pub. L. 108–136, div. A, title VI, §612(c), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, §§612(c), 616(a), Oct. 28, 2004, 118 Stat. 1947, 1948; Pub. L. 109–163, div. A, title VI, §§622(c), 687(b)(7), Jan. 6, 2006, 119 Stat. 3294, 3328; Pub. L. 109–364, div. A, title VI, §612(c), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, §612(c), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, §612(c), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §612(b)(2), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(2), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(2), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §612(b)(2), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(2), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(2), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(2), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(2), Dec. 23, 2016, 130 Stat. 2158.)

Amendments

2016—Subsec. (a)(1). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (a)(1). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (a)(1). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (a)(1). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (a)(1). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (a)(1). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (a)(1). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

2006—Subsec. (a)(1). Pub. L. 109–364 substituted "December 31, 2007" for "December 31, 2006".

Pub. L. 109–163, §622(c), substituted "December 31, 2006" for "December 31, 2005".

Subsec. (d). Pub. L. 109–163, §687(b)(7), amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain licensed as a registered nurse or fails to complete total period of active duty.

2004—Subsec. (a)(1). Pub. L. 108–375, §616(a), substituted "three years" for "four years".

Pub. L. 108–375, §612(c), substituted "December 31, 2005" for "December 31, 2004".

2003—Subsec. (a)(1). Pub. L. 108–136 substituted "December 31, 2004" for "December 31, 2003".

2002—Subsec. (a)(1). Pub. L. 107–314, §612(c), substituted "December 31, 2003" for "December 31, 2002".

Subsec. (a)(2). Pub. L. 107–314, §615(e), substituted "$30,000" for "$5,000".

2001—Subsec. (a)(1). Pub. L. 107–107 substituted "December 31, 2002" for "December 31, 2001".

2000—Subsec. (a)(1). Pub. L. 106–398 substituted "December 31, 2001" for "December 31, 2000".

1999—Subsec. (a)(1). Pub. L. 106–65 substituted "December 31, 2000" for "December 31, 1999".

1998—Subsec. (a)(1). Pub. L. 105–261 substituted "December 31, 1999" for "September 30, 1999".

1997—Subsec. (a)(1). Pub. L. 105–85 substituted "September 30, 1999" for "September 30, 1998".

1996—Subsec. (a)(1). Pub. L. 104–201 substituted "September 30, 1998" for "September 30, 1997".

Pub. L. 104–106 substituted "September 30, 1997" for "September 30, 1996".

1994—Subsec. (a)(1). Pub. L. 103–337 substituted "September 30, 1996" for "September 30, 1995".

1993—Subsec. (a)(1). Pub. L. 103–160 substituted "September 30, 1995" for "September 30, 1993".

1992—Subsec. (a). Pub. L. 102–484 substituted "September 30, 1993" for "September 30, 1992".

1990—Subsec. (a)(1). Pub. L. 101–510, §§613(a), 1484(d)(2)(A), substituted "November 29, 1989," for "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991" and "September 30, 1992" for "September 30, 1991".

Subsec. (d)(4). Pub. L. 101–510, §1484(d)(2)(B), substituted "November 29, 1989" for "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991".

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title VI, §616(b), Oct. 28, 2004, 118 Stat. 1948, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to agreements entered into under section 302d of title 37, United States Code, on or after the date of the enactment of this Act [Oct. 28, 2004]."

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Application of Increase

In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title.

Coverage of Period of Lapsed Authority

For provisions relating to coverage of period of lapsed authority from Oct. 1, 1993, to Nov. 30, 1993, for payment of accession bonus authorized under this section, see section 611(d) of Pub. L. 103–160, set out as a note under section 2130a of Title 10, Armed Forces.

For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or other special pay under this section, see section 612(j)(2) of Pub. L. 102–484, set out as a note under section 301b of this title.

§302e. Special pay: nurse anesthetists

(a) Special Pay Authorized.—(1) An officer described in subsection (b)(1) who, during the period beginning on November 29, 1989, and ending on December 31, 2017, executes a written agreement to remain on active duty for a period of one year or more may, upon the acceptance of the agreement by the Secretary concerned, be paid incentive special pay in an amount not to exceed $50,000 for any 12-month period.

(2) The Secretary concerned shall determine the amount of incentive special pay to be paid to an officer under paragraph (1). In determining that amount, the Secretary concerned shall consider the period of obligated service provided for in the agreement under that paragraph.

(b) Covered Officers.—(1) An officer referred to in subsection (a) is an officer of a uniformed service who—

(A) is an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, or an officer designated as a nurse in the commissioned corps of the Public Health Service;

(B) is a qualified certified registered nurse anesthetist; and

(C) is on active duty under a call or order to active duty for a period of not less than one year.


(2) The Secretary of Defense may extend the special pay authorized under subsection (a) to officers of the armed forces who serve in a nursing specialty (other than as nurse anesthetists) that—

(A) is designated by the Secretary of the military department concerned as critical to meet requirements (whether such specialty is designated as critical to meet wartime or peacetime requirements); and

(B) requires postbaccalaureate education and training.


(c) Termination of Agreement.—Under regulations prescribed by the Secretary of Defense, with respect to the Army, Navy, and Air Force, and the Secretary of Health and Human Services, with respect to the Public Health Service, the Secretary concerned may terminate an agreement entered into under subsection (a). Upon termination of an agreement, the entitlement of the officer to special pay under this section and the agreed upon commitment to active duty of the officer shall end. If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.

(d) Payment.—Special pay payable to an officer under subsection (a) shall be paid annually at the beginning of the 12-month period for which the officer is to receive that payment.

(e) Repayment.—An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 101–189, div. A, title VII, §706(a)(1), Nov. 29, 1989, 103 Stat. 1472; amended Pub. L. 101–510, div. A, title VI, §§613(b), 614(a), (b), 618(c)(1), title XIV, §1484(d)(3), Nov. 5, 1990, 104 Stat. 1577, 1578, 1579, 1716; Pub. L. 102–25, title VII, §702(a)(2)(B), (b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, §612(i), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103–160, div. A, title VI, §611(c), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 103–337, div. A, title VI, §612(c), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, §612(c), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104–201, div. A, title VI, §612(c), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105–85, div. A, title VI, §612(c), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, §612(c), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §612(c), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106–398, §1 [[div. A], title VI, §§622(c), 626(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151, 1654A-153; Pub. L. 107–107, div. A, title VI, §612(c), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107–314, div. A, title VI, §§612(d), 615(f), Dec. 2, 2002, 116 Stat. 2567, 2569; Pub. L. 108–136, div. A, title VI, §612(d), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, §612(d), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§622(d), 687(b)(8), Jan. 6, 2006, 119 Stat. 3294, 3328; Pub. L. 109–364, div. A, title VI, §612(d), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, §612(d), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, §612(d), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §612(b)(3), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(3), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(3), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §612(b)(3), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(3), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(3), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(3), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(3), Dec. 23, 2016, 130 Stat. 2158.)

Amendments

2016—Subsec. (a)(1). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (a)(1). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (a)(1). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (a)(1). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (a)(1). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (a)(1). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (a)(1). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

2006—Subsec. (a)(1). Pub. L. 109–364 substituted "December 31, 2007" for "December 31, 2006".

Pub. L. 109–163, §622(d), substituted "December 31, 2006" for "December 31, 2005".

Subsec. (c). Pub. L. 109–163, §687(b)(8)(A), substituted "If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title." for "The officer may be required to refund that part of the special pay corresponding to the unserved period of active duty."

Subsec. (e). Pub. L. 109–163, §687(b)(8)(B), amended heading and text of subsec. (e) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty.

2004—Subsec. (a)(1). Pub. L. 108–375 substituted "December 31, 2005" for "December 31, 2004".

2003—Subsec. (a)(1). Pub. L. 108–136 substituted "December 31, 2004" for "December 31, 2003".

2002—Subsec. (a)(1). Pub. L. 107–314, §615(f), substituted "$50,000" for "$15,000".

Pub. L. 107–314, §612(d), substituted "December 31, 2003" for "December 31, 2002".

2001—Subsec. (a)(1). Pub. L. 107–107 substituted "December 31, 2002" for "December 31, 2001".

2000—Subsec. (a)(1). Pub. L. 106–398, §1 [[div. A], title VI, §622(c)], substituted "December 31, 2001" for "December 31, 2000".

Subsec. (b)(2)(A). Pub. L. 106–398, §1 [[div. A], title VI, §626(b)(1)], substituted "the Secretary of the military department concerned" for "the Secretary".

1999—Subsec. (a)(1). Pub. L. 106–65 substituted "December 31, 2000" for "December 31, 1999".

1998—Subsec. (a)(1). Pub. L. 105–261 substituted "December 31, 1999" for "September 30, 1999".

1997—Subsec. (a)(1). Pub. L. 105–85 substituted "September 30, 1999" for "September 30, 1998".

1996—Subsec. (a)(1). Pub. L. 104–201 substituted "September 30, 1998" for "September 30, 1997".

Pub. L. 104–106 substituted "September 30, 1997" for "September 30, 1996".

1994—Subsec. (a)(1). Pub. L. 103–337 substituted "September 30, 1996" for "September 30, 1995" and "$15,000" for "$6,000".

1993—Subsec. (a)(1). Pub. L. 103–160 substituted "September 30, 1995" for "September 30, 1993".

1992—Subsec. (a)(1). Pub. L. 102–484 substituted "September 30, 1993" for "September 30, 1992".

1991—Pub. L. 102–25, §702(a)(2)(B), amended section catchline generally.

Subsec. (d). Pub. L. 102–25, §702(b)(1), (c), struck out "of this section" after "subsection (a)".

1990—Pub. L. 101–510, §618(c)(1), directed that section catchline be amended to read "§302c. Special pay: psychologists and nonphysician health care providers".

Subsec. (a)(1). Pub. L. 101–510, §1484(d)(3)(A), substituted "November 29, 1989," for "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991".

Pub. L. 101–510, §614(b), substituted "subsection (b)(1)" for "subsection (b)".

Pub. L. 101–510, §613(b), substituted "September 30, 1992," for "September 30, 1991,".

Subsec. (b). Pub. L. 101–510, §614(a), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and added par. (2).

Subsec. (e)(3). Pub. L. 101–510, §1484(d)(3)(B), substituted "November 29, 1989" for "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991".

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Application of Increase

In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title.

Coverage of Period of Lapsed Authority

For provisions relating to coverage of period of lapsed authority from Oct. 1, 1993, to Nov. 30, 1993, for payment of special pay authorized under this section, see section 611(d) of Pub. L. 103–160, set out as a note under section 2130a of Title 10, Armed Forces.

For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or other special pay under this section, see section 612(j)(2) of Pub. L. 102–484, set out as a note under section 301b of this title.

Implementation of Subsection (b)(2)

Pub. L. 101–510, div. A, title VI, §614(c), Nov. 5, 1990, 104 Stat. 1578, provided that the Secretary of Defense could not implement subsec. (b)(2) of this section, unless the Secretary submitted to the Committees on Armed Services of the Senate and House of Representatives a report justifying the need of the departments for the authority provided in such subsection and describing the manner in which that authority would be implemented, prior to repeal by Pub. L. 106–398, §1 [[div. A], title VI, §626(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153.

§302f. Special pay: reserve, recalled, or retained health care officers

(a) Eligible for Special Pay.—A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title (whichever applies) notwithstanding any requirement in those sections that—

(1) the call or order of the officer to active duty be for a period of not less than one year; or

(2) the officer execute a written agreement to remain on active duty for a period of not less than one year.


(b) Health Care Officers Described.—A health care officer referred to in subsection (a) is an officer of the armed forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title and who—

(1) is a reserve officer on active duty (other than for training) under a call or order to active duty for a period of more than 30 days but less than one year;

(2) is involuntarily retained on active duty under section 12305 of title 10, or is recalled to active duty under section 688 of title 10 for a period of more than 30 days; or

(3) voluntarily agrees to remain on active duty for a period of less than one year at a time when—

(A) officers are involuntarily retained on active duty under section 12305 of title 10; or

(B) the Secretary of Defense determines (pursuant to regulations prescribed by the Secretary) that special circumstances justify the payment of special pay under this section.


(c) Monthly Payments.—Payment of special pay pursuant to this section may be made on a monthly basis. The officer shall repay in the manner provided in section 303a(e) of this title any amount received under this section in excess of the amount that corresponds to the actual period of active duty served by the officer.

(d) Special Rule for Reserve Medical and Dental Officers.—While a reserve medical or dental officer receives a special pay under section 302 or 302b of this title by reason of subsection (a), the officer shall not be entitled to special pay under section 302(h) or 302b(h) of this title.

(Added Pub. L. 102–190, div. A, title VI, §634(a), Dec. 5, 1991, 105 Stat. 1381; amended Pub. L. 104–106, div. A, title XV, §1501(d)(4)(A), Feb. 10, 1996, 110 Stat. 500; Pub. L. 106–398, §1 [[div. A], title VI, §625(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153; Pub. L. 109–163, div. A, title VI, §687(b)(9), Jan. 6, 2006, 119 Stat. 3329.)

Amendments

2006—Subsec. (c). Pub. L. 109–163 substituted "repay in the manner provided in section 303a(e) of this title" for "refund".

2000—Subsec. (d). Pub. L. 106–398 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "While a reserve medical officer receives a special pay under section 302 of this title by reason of subsection (a), the officer shall not be entitled to special pay under subsection (h) of that section."

1996—Subsec. (b)(2), (3)(A). Pub. L. 104–106 substituted "section 12305 of title 10" for "section 673c of title 10".

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Active Duty in Connection With Operation Desert Storm

Pub. L. 102–25, title III, §304, Apr. 25, 1991, 105 Stat. 81, as amended by Pub. L. 102–190, div. A, title VI, §656, Dec. 5, 1991, 105 Stat. 1393, provided that:

"(a) Eligible for Special Pay.—A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), notwithstanding any requirement in those sections that—

"(1) the call or order of the officer to active duty be for a period of not less than one year; or

"(2) the officer execute a written agreement to remain on active duty for a period of not less than one year.

"(b) Health Care Officers Described.—A health care officer referred to in subsection (a) is an officer of the Armed Forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code, and who—

"(1) is a reserve officer on active duty under a call or order to active duty for a period of less than one year in connection with Operation Desert Storm;

"(2) is involuntarily retained on active duty under section 673c [now 12305] of title 10, United States Code, or is recalled to active duty under section 688 of that title, in connection with Operation Desert Storm; or

"(3) voluntarily agrees to remain on active duty for a period of less than one year in connection with Operation Desert Storm.

"(c) Monthly Payments.—Payment of special pay pursuant to this section may be made on a monthly basis. If the service on active duty of an officer described in subsection (b) is terminated before the end of the period for which a payment is made to the officer under subsection (a), the officer is entitled to special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), only for the portion of that period that the officer actually served on active duty. The officer shall refund any amount received in excess of the amount that corresponds to the period of active duty of the officer.

"(d) Special Rule for Reserve Medical Officer.—While a reserve medical officer receives a special pay under section 302 of title 37, United States Code, by operation of subsection (a), the officer shall not be entitled to special pay under subsection (h) of that section.

"(e) Period of Applicability.—Subsection (a) shall apply during the period beginning on August 1, 1990, and ending on the first day of the first month beginning on or after the date 180 days after the end of the Persian Gulf conflict."

§302g. Special pay: Selected Reserve health care professionals in critically short wartime specialties

(a) Special Pay Authorized.—An officer of a reserve component of the armed forces described in subsection (b) who executes a written agreement under which the officer agrees to serve in the Selected Reserve of an armed force for a period of not less than one year nor more than three years, beginning on the date the officer accepts the award of special pay under this section, may be paid special pay at an annual rate not to exceed $25,000.

(b) Eligible Officers.—An officer referred to in subsection (a) is an officer in a health care profession who is qualified in a specialty designated by regulations as a critically short wartime specialty.

(c) Time for Payment.—Special pay under this section shall be paid annually at the beginning of each twelve-month period for which the officer has agreed to serve.

(d) Repayment.—An officer who does not complete the period of service in the Selected Reserve specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.

(e) Termination of Agreement Authority.—No agreement under this section may be entered into after December 31, 2017.

(Added Pub. L. 104–106, div. A, title VI, §614(a)(1), Feb. 10, 1996, 110 Stat. 360; amended Pub. L. 104–201, div. A, title VI, §611(a), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105–85, div. A, title VI, §611(a), Nov. 18, 1997, 111 Stat. 1785; Pub. L. 105–261, div. A, title VI, §611(a), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 106–65, div. A, title VI, §611(a), Oct. 5, 1999, 113 Stat. 649; Pub. L. 106–398, §1 [[div. A], title VI, §621(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151; Pub. L. 107–107, div. A, title VI, §611(a), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107–314, div. A, title VI, §612(e), Dec. 2, 2002, 116 Stat. 2567; Pub. L. 108–136, div. A, title VI, §612(e), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, §612(e), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§622(e), 687(b)(10), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109–364, div. A, title VI, §§612(e), 616(a), Oct. 17, 2006, 120 Stat. 2248, 2249; Pub. L. 110–181, div. A, title VI, §612(e), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, §612(e), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §612(b)(4), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(4), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(4), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §612(b)(4), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(4), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(4), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(4), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(4), Dec. 23, 2016, 130 Stat. 2158.)

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 100–456, div. A, title VI, §613, Sept. 29, 1988, 102 Stat. 1981, which was set out as a note under section 302 of this title, prior to repeal by Pub. L. 104–106, §614(c)(1).

Amendments

2016—Subsec. (e). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (e). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (e). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (e). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (e). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (e). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (e). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

2006—Subsec. (a). Pub. L. 109–364, §616(a), substituted "$25,000" for "$10,000".

Subsec. (d). Pub. L. 109–163, §687(b)(10)(A), (B), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: "An officer who voluntarily terminates service in the Selected Reserve of an armed force before the end of the period for which a payment was made to such officer under this section shall refund to the United States the full amount of the payment made for the period on which the payment was based."

Subsec. (e). Pub. L. 109–364, §612(e), substituted "December 31, 2007" for "December 31, 2006".

Pub. L. 109–163, §687(b)(10)(A), (C), redesignated subsec. (f) as (e) and struck out heading and text of former subsec. (e). Text read as follows: "A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the person receiving special pay under the agreement from the debt arising under the agreement."

Subsec. (f). Pub. L. 109–163, §687(b)(10)(C), redesignated subsec. (f) as (e).

Pub. L. 109–163, §622(e), substituted "December 31, 2006" for "December 31, 2005".

2004—Subsec. (f). Pub. L. 108–375 substituted "December 31, 2005" for "December 31, 2004".

2003—Subsec. (f). Pub. L. 108–136 substituted "December 31, 2004" for "December 31, 2003".

2002—Subsec. (f). Pub. L. 107–314 substituted "December 31, 2003" for "December 31, 2002".

2001—Subsec. (f). Pub. L. 107–107 substituted "December 31, 2002" for "December 31, 2001".

2000—Subsec. (f). Pub. L. 106–398 substituted "December 31, 2001" for "December 31, 2000".

1999—Subsec. (f). Pub. L. 106–65 substituted "December 31, 2000" for "December 31, 1999".

1998—Subsec. (f). Pub. L. 105–261 substituted "December 31, 1999" for "September 30, 1999".

1997—Subsec. (f). Pub. L. 105–85 substituted "September 30, 1999" for "September 30, 1998".

1996—Subsec. (f). Pub. L. 104–201 substituted "September 30, 1998" for "September 30, 1997".

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, §616(b), Oct. 17, 2006, 120 Stat. 2249, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 302g of title 37, United States Code, on or after that date."

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

§302h. Special pay: accession bonus for dental officers

(a) Accession Bonus Authorized.—(1) A person who is a graduate of an accredited dental school and who, during the period beginning on September 23, 1996, and ending on December 31, 2017, executes a written agreement described in subsection (c) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.

(2) The amount of an accession bonus under paragraph (1) may not exceed $200,000.

(b) Limitation on Eligibility for Bonus.—A person may not be paid a bonus under subsection (a) if—

(1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in dentistry; or

(2) the Secretary concerned determines that the person is not qualified to become and remain certified and licensed as a dentist.


(c) Agreement.—The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed service concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer.

(d) Repayment.—A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a dentist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 104–201, div. A, title VI, §615(c)(1), Sept. 23, 1996, 110 Stat. 2545; amended Pub. L. 107–107, div. A, title VI, §618, Dec. 28, 2001, 115 Stat. 1137; Pub. L. 107–314, div. A, title VI, §612(f), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, §612(f), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, §612(f), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§622(f), 687(b)(11), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109–364, div. A, title VI, §§612(f), 617(a), Oct. 17, 2006, 120 Stat. 2248, 2249; Pub. L. 110–181, div. A, title VI, §612(f), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, §612(f), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §612(b)(5), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(5), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(5), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §612(b)(5), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(5), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(5), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(5), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(5), Dec. 23, 2016, 130 Stat. 2158.)

Amendments

2016—Subsec. (a)(1). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (a)(1). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (a)(1). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (a)(1). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (a)(1). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (a)(1). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (a)(1). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

2006—Subsec. (a)(1). Pub. L. 109–364, §612(f), substituted "December 31, 2007" for "December 31, 2006".

Pub. L. 109–163, §622(f), substituted "December 31, 2006" for "December 31, 2005".

Subsec. (a)(2). Pub. L. 109–364, §617(a), substituted "$200,000" for "$30,000".

Subsec. (d). Pub. L. 109–163, §687(b)(11), amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain certified or licensed as dentist or fails to complete total period of active duty.

2004—Subsec. (a)(1). Pub. L. 108–375 substituted "December 31, 2005" for "December 31, 2004".

2003—Subsec. (a)(1). Pub. L. 108–136 substituted "December 31, 2004" for "December 31, 2003".

2002—Subsec. (a)(1). Pub. L. 107–314 substituted "December 31, 2003" for "December 31, 2002".

2001—Subsec. (a)(1). Pub. L. 107–107 substituted "September 23, 1996, and ending on December 31, 2002" for "the date of the enactment of this section, and ending on September 30, 2002".

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, §617(e), Oct. 17, 2006, 120 Stat. 2251, provided that: "The amendments made by this section [enacting sections 302k and 302l of this title and amending this section] shall take effect on October 1, 2006, and shall apply to agreements—

"(1) entered into or revised under section 302h of title 37, United States Code, on or after that date; or

"(2) entered into under section 302k or 302l of such title, as added by subsections (b) and (c), on or after that date."

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

§302i. Special pay: pharmacy officers

(a) Army, Navy, and Air Force Pharmacy Officers.—Under regulations prescribed pursuant to section 303a of this title, the Secretary of the military department concerned may, subject to subsection (c), pay retention special pay under this section to an officer who—

(1) is a pharmacy officer in the Medical Service Corps of the Army or Navy or the Biomedical Sciences Corps of the Air Force; and

(2) is on active duty under a call or order to active duty for a period of not less than one year.


(b) Public Health Service Corps.—Subject to subsection (c), the Secretary of Health and Human Services may pay retention special pay under this section to an officer who—

(1) is an officer in the Regular or Reserve Corps of the Public Health Service and is designated as a pharmacy officer; and

(2) is on active duty under a call or order to active duty for a period of not less than one year.


(c) Limitation on Eligibility for Special Pay.—Special pay may not be paid under this section to an officer serving in a pay grade above pay grade O–6.

(d) Limitation on Amount of Special Pay.—The amount of retention special pay paid to an officer under this section may not exceed $15,000 for any 12-month period.

(Added Pub. L. 106–398, §1 [[div. A], title VI, §628(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-154; amended Pub. L. 107–314, div. A, title VI, §615(g), Dec. 2, 2002, 116 Stat. 2569.)

Amendments

2002—Subsecs. (a), (b). Pub. L. 107–314, §615(g)(1), substituted "retention special pay under this section" for "special pay at the rates specified in subsection (d)".

Subsec. (c). Pub. L. 107–314, §615(g)(2), inserted "on Eligibility for Special Pay" after "Limitation" in heading.

Subsec. (d). Pub. L. 107–314, §615(g)(3), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: "The rate of special pay paid to an officer under subsection (a) or (b) is as follows:

"(1) $3,000 per year, if the officer is undergoing pharmacy internship training or has less than 3 years of creditable service.

"(2) $7,000 per year, if the officer has at least 3 but less than 6 years of creditable service and is not undergoing pharmacy internship training.

"(3) $7,000 per year, if the officer has at least 6 but less than 8 years of creditable service.

"(4) $12,000 per year, if the officer has at least 8 but less than 12 years of creditable service.

"(5) $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

"(6) $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

"(7) $8,000 per year, if the officer has 18 or more years of creditable service."

Application of Increase

In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title.

§302j. Special pay: accession bonus for pharmacy officers

(a) Accession Bonus Authorized.—A person who is a graduate of an accredited pharmacy school and who, during the period beginning on October 30, 2000, and ending on December 31, 2017, executes a written agreement described in subsection (d) to accept a commission as an officer of a uniformed service and remain on active duty for a period of not less than 4 years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.

(b) Limitation on Amount of Bonus.—The amount of an accession bonus under subsection (a) may not exceed $30,000.

(c) Limitation on Eligibility for Bonus.—A person may not be paid a bonus under subsection (a) if—

(1) the person, in exchange for an agreement to accept an appointment as a warrant or commissioned officer, received financial assistance from the Department of Defense or the Department of Health and Human Services to pursue a course of study in pharmacy; or

(2) the Secretary concerned determines that the person is not qualified to become and remain licensed as a pharmacist.


(d) Agreement.—The agreement referred to in subsection (a) shall provide that, consistent with the needs of the uniformed service concerned, the person executing the agreement shall be assigned to duty, for the period of obligated service covered by the agreement, as a pharmacy officer in the Medical Service Corps of the Army or Navy, a biomedical sciences officer in the Air Force designated as a pharmacy officer, or a pharmacy officer of the Public Health Service.

(e) Repayment.—A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become and remain certified or licensed as a pharmacist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 106–398, §1 [[div. A], title VI, §628(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-154; amended Pub. L. 107–314, div. A, title X, §1062(c)(1), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–375, div. A, title VI, §612(g), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§622(g), 687(b)(12), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109–364, div. A, title VI, §612(g), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, §612(g), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, §612(g), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §612(b)(6), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(6), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(6), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §612(b)(6), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(6), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(6), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(6), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(6), Dec. 23, 2016, 130 Stat. 2158.)

Amendments

2016—Subsec. (a). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (a). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (a). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (a). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (a). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (a). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (a). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

2006—Subsec. (a). Pub. L. 109–364 substituted "December 31, 2007" for "December 31, 2006".

Pub. L. 109–163, §622(g), substituted "December 31, 2006" for "December 31, 2005".

Subsec. (e). Pub. L. 109–163, §687(b)(12), amended heading and text of subsec. (e) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain licensed as pharmacist or fails to complete total period of active duty.

2004—Subsec. (a). Pub. L. 108–375 substituted "October 30, 2000, and ending on December 31, 2005" for "the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 and ending on September 30, 2004".

2002—Subsec. (a). Pub. L. 107–314 substituted "subsection (d)" for "subsection (c)".

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

§302k. Special pay: accession bonus for medical officers in critically short wartime specialties

(a) Accession Bonus Authorized.—A person who is a graduate of an accredited school of medicine or osteopathy in a specialty designated by regulations as a critically short wartime specialty and who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in the amount determined by the Secretary concerned.

(b) Amount of Bonus.—The amount of an accession bonus under subsection (a) may not exceed $400,000.

(c) Limitation on Eligibility for Bonus.—A person may not be paid a bonus under subsection (a) if—

(1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in medicine or osteopathy; or

(2) the Secretary concerned determines that the person is not qualified to become and remain certified as a doctor or osteopath in a specialty designated by regulations as a critically short wartime specialty.


(d) Agreement.—The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed force concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Medical Corps of the Army or the Navy or as an officer of the Air Force designated as a medical officer in a specialty designated by regulations as a critically short wartime specialty.

(e) Repayment.—A person who, after executing an agreement under subsection (a) is not commissioned as an officer of the armed forces, does not become licensed as a doctor or osteopath, as the case may be, or does not complete the period of active duty in a specialty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.

(f) Termination of Authority.—No agreement under this section may be entered into after December 31, 2017.

(Added Pub. L. 109–364, div. A, title VI, §617(b), Oct. 17, 2006, 120 Stat. 2249; amended Pub. L. 110–181, div. A, title VI, §612(h), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, §612(h), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §612(b)(7), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(7), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(7), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §612(b)(7), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(7), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(7), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(7), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(7), Dec. 23, 2016, 130 Stat. 2158.)

Amendments

2016—Subsec. (f). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (f). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (f). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (f). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (f). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (f). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (f). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date

Section effective Oct. 1, 2006, and applicable to agreements entered into on or after that date, see section 617(e) of Pub. L. 109–364, set out as an Effective Date of 2006 Amendment note under section 302h of this title.

§302l. Special pay: accession bonus for dental specialist officers in critically short wartime specialties

(a) Accession Bonus Authorized.—A person who is a graduate of an accredited dental school in a specialty designated by regulations as a critically short wartime specialty and who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in the amount determined by the Secretary concerned.

(b) Amount of Bonus.—The amount of an accession bonus under subsection (a) may not exceed $400,000.

(c) Limitation on Eligibility for Bonus.—A person may not be paid a bonus under subsection (a) if—

(1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in dentistry; or

(2) the Secretary concerned determines that the person is not qualified to become and remain certified as a dentist in a specialty designated by regulations as a critically short wartime specialty.


(d) Agreement.—The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed force concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Dental Corps of the Army or the Navy or as an officer of the Air Force designated as a dental officer in a specialty designated by regulations as a critically short wartime specialty.

(e) Repayment.—A person who, after executing an agreement under subsection (a) is not commissioned as an officer of the armed forces, does not become licensed as a dentist, or does not complete the period of active duty in a specialty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.

(f) Coordination With Other Accession Bonus Authority.—A person eligible to execute an agreement under both subsection (a) and section 302h of this title shall elect which authority to execute the agreement under. A person may not execute an agreement under both subsection (a) and such section 302h.

(g) Termination of Authority.—No agreement under this section may be entered into after December 31, 2017.

(Added Pub. L. 109–364, div. A, title VI, §617(c), Oct. 17, 2006, 120 Stat. 2250; amended Pub. L. 110–181, div. A, title VI, §612(i), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, §612(i), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, §612(b)(8), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(8), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(8), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §612(b)(8), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(8), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(8), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(8), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(8), Dec. 23, 2016, 130 Stat. 2158.)

Amendments

2016—Subsec. (g). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (g). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (g). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (g). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (g). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (g). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (g). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date

Section effective Oct. 1, 2006, and applicable to agreements entered into on or after that date, see section 617(e) of Pub. L. 109–364, set out as an Effective Date of 2006 Amendment note under section 302h of this title.

§303. Special pay: veterinarians

(a) Monthly Special Pay.—Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:

(1) A commissioned officer—

(A) of the Regular Army who is in the Veterinary Corps;

(B) of the Regular Air Force who is an officer in the Biomedical Sciences Corps and holds a degree in veterinary medicine; or

(C) who is a veterinary officer of the Regular Corps of the Public Health Service.


(2) A commissioned officer—

(A) of a Reserve component of the Army who is in the Veterinary Corps of the Army;

(B) of a reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who—

(i) is designated as a veterinary officer; or

(ii) is an officer in the Biomedical Sciences Corps of the Air Force and holds a degree in veterinary medicine; or


(C) who is a veterinary officer of the Reserve Corps of the Public Health Service,


who is on active duty as a result of a call or order to active duty for a period of at least one year.

(3) A general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, the Air Force, or the National Guard, as the case may be.


(b) Additional Special Pay for Board Certification.—A commissioned officer entitled to special pay under subsection (a) who has been certified as a Diplomate in a specialty recognized by the American Veterinarian Medical Association is entitled to special pay (in addition to the special pay under subsection (a)) at the same rate as is provided under section 302c(b) of this title for an officer referred to in that section who has the same number of years of creditable service as the commissioned officer.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88–2, §5, Mar. 28, 1963, 77 Stat. 4; Pub. L. 90–40, §5, June 30, 1967, 81 Stat. 105; Pub. L. 92–129, title I, §104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 93–64, title II, §203, July 9, 1973, 87 Stat. 149; Pub. L. 95–114, §3, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95–485, title VIII, §801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96–284, §4(c), June 28, 1980, 94 Stat. 591; Pub. L. 100–26, §8(d)(3), Apr. 21, 1987, 101 Stat. 285; Pub. L. 100–180, div. A, title XII, §1232, Dec. 4, 1987, 101 Stat. 1161; Pub. L. 102–25, title VII, §702(b)(2), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106–65, div. A, title VI, §616(a), Oct. 5, 1999, 113 Stat. 652; Pub. L. 106–398, §1 [[div. A], title VI, §629], Oct. 30, 2000, 114 Stat. 1654, 1654A-155.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
303(a)

 

 

 

303(b)

37:234(b) (less 1st proviso, as applicable to veterinarians).

37:234(c).

37:234(b) (1st proviso, as applicable to veterinarians).

Oct. 12, 1949, ch. 681, §203(b) (as applicable to veterinarians), (c), 63 Stat. 809; June 25, 1952, ch. 459, §1, 66 Stat. 156; June 29, 1953, ch. 158, §8 (as applicable to veterinarians), 67 Stat. 89; June 30, 1955, ch. 250, §203, 69 Stat. 225; Apr. 30, 1956, ch. 223, §5, 70 Stat. 122; Mar. 23, 1959, Pub. L. 86–4, §5, 73 Stat. 13.

In subsection (a), clause (1) is substituted for section 234(c)(1), (2), and (3) of existing title 37. The words "of the Regular Army" and "of the Regular Air Force" are inserted in clauses (1)(A) and (B), respectively, since in contradistinction to section 234(c)(4) of existing title 37, their source was intended to apply only to regular officers. Clauses (2)(A) and (B) are substituted for the enumeration of categories in section 234(c)(4) of existing title 37 to reflect current usage and designations of those categories. Clause (3) is substituted for section 234(c)(5) and (6) of existing title 37. Section 234(b) (2d proviso) of existing title 37 is omitted as obsolete. Section 234(b) (last proviso) of existing title 37 is omitted as inapplicable to veterinarians.

In subsection (b), the words "disability retirement pay" are omitted as covered by the words "retired pay".

Amendments

2000—Subsec. (a)(1)(B). Pub. L. 106–398, §1 [[div. A], title VI, §629(1)], substituted "who is an officer in the Biomedical Sciences Corps and holds a degree in veterinary medicine" for "who is designated as a veterinary officer".

Subsec. (a)(2)(B). Pub. L. 106–398, §1 [[div. A], title VI, §629(2)], added subpar. (B) and struck out former subpar. (B) which read as follows: "of a Reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who is designated as a veterinary officer of the Army or the Air Force, as the case may be; or".

1999—Pub. L. 106–65 designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b).

1991—Par. (3). Pub. L. 102–25 struck out "of this subsection" after "clause (1) or (2)".

1987—Pub. L. 100–180 substituted semicolon for comma at end of par. (2)(A) and "; or" for ", or" at end of par. (2)(B).

Pub. L. 100–26 substituted "A" for "a" at beginning of pars. (1) to (3), semicolon for comma at end of par. (1)(A), "; or" for ", or" at end of par. (1)(B), period for semicolon at end of par. (1)(C), and period for "; and" at end of par. (2); and directed substitution of semicolon for comma at end of par. (1)(B) which could not be executed because no comma appeared at end of par. (1)(B).

1980—Pub. L. 96–284 substituted "Each" for "(a) In addition to any other basic pay, special pay, incentive pay or allowance to which he is entitled, each", struck out "beginning on or after October 1, 1977" after "active duty", struck out subsec. (b) which prohibited inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay, and struck out subsec. (c) which provided that no special pay be paid for any month after September 1980.

1978—Subsec. (c). Pub. L. 95–485 substituted "September 1980" for "September 1978".

1977—Subsec. (a). Pub. L. 95–114 amended subsec. (a) to provide for the reinstatement of special pay provisions for veterinarians for each month on active duty beginning on or after Oct. 1, 1977.

Subsecs. (b), (c). Pub. L. 95–114 reenacted subsec. (b) without change and added subsec. (c).

1973—Subsec. (a). Pub. L. 93–64 substituted "July 1, 1975" for "July 1, 1973" wherever appearing.

1971—Subsec. (a). Pub. L. 92–129 substituted "July 1, 1973" for "July 1, 1971" wherever appearing.

1967—Subsec. (a). Pub. L. 90–40 substituted "July 1, 1971" for "July 1, 1967" wherever appearing.

1963—Subsec. (a). Pub. L. 88–2 substituted "July 1, 1967" for "July 1, 1963" wherever appearing.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, §616(b), Oct. 5, 1999, 113 Stat. 652, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to months beginning on and after that date."

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–114 effective Oct. 1, 1977, see section 4 of Pub. L. 95–114, set out as a note under section 302a of this title.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under section 401 of this title.

§303a. Special pay: general provisions

(a) The Secretary of Defense, with respect to the Army, Navy, and Air Force, and the Secretary of Health and Human Services, with respect to the Public Health Service, shall prescribe regulations for the administration of sections 301d, 302 through 302j, and 303 of this title.

(b)(1) Except as provided in paragraph (2) or as otherwise provided under a provision of this chapter, a commissioned officer in the Regular or Reserve Corps of the Public Health Service is entitled to special pay under a provision of this chapter in the same amounts, and under the same terms and conditions, as a commissioned officer of the armed forces is entitled to special pay under that provision.

(2) A commissioned medical officer in the Regular or Reserve Corps of the Public Health Service (other than an officer serving in the Indian Health Service) may not receive additional special pay under section 302(a)(4) of this title for any period during which the officer is providing obligated service under the following provisions of law:

(A) Section 338B of the Public Health Service Act (42 U.S.C. 254l–1).

(B) Section 225(e) of the Public Health Service Act, as that section was in effect before October 1, 1977.

(C) Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977, and August 13, 1981.


(c) Special pay authorized under sections 301d, 302 through 302j, and 303 of this title is in addition to any other pay or allowance to which an officer is entitled. The amount of special pay to which an officer is entitled under any of such sections may not be included in computing the amount of any increase in pay authorized by any other provision of this title or in computing retired pay, separation pay, severance pay, or readjustment pay.

(d) The Secretary of Defense shall conduct a review every two years of the special pay for health professionals authorized by sections 301d, 302 through 302j, and 303 of this title.

(e) Repayment of Unearned Portion of Bonuses and Other Benefits When Conditions of Payment not Met; Termination of Entitlement to Unpaid Amounts.—(1)(A) Except as provided in paragraphs (2) and (3), a member of the uniformed services who receives a bonus or similar benefit and whose receipt of the bonus or similar benefit is subject to the condition that the member continue to satisfy certain eligibility requirements shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if the member fails to satisfy the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.

(B) The Secretary concerned may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted. The Secretary concerned may specify in the regulations the conditions under which an installment payment of a bonus or similar benefit to be paid to a member of the uniformed services will not be made if the member no longer satisfies the eligibility requirements for the bonus or similar benefit. For the military departments, this subsection shall be administered under regulations prescribed by the Secretary of Defense.

(2)(A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned—

(i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and

(ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.


(B) In this paragraph, the term "sole survivorship discharge" means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which—

(i) the father or mother or one or more siblings—

(I) served in the Armed Forces; and

(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and


(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.


(3)(A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned—

(i) shall not require repayment by the member or the member's estate of the unearned portion of any bonus or similar benefit previously paid to the member; and

(ii) shall require the payment to the member or the member's estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.


(B) Subparagraph (A) does not apply if the death or disability of the member is the result of the member's misconduct.

(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member continued to be entitled to the bonus or similar benefit following the death, retirement, or separation.

(D) Amounts to be paid to a member or the member's estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.

(E) In this paragraph, the term "combat-related disability" has the meaning given that term in section 1413a(e) of title 10.

(4) An obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after—

(A) the date of the termination of the agreement or contract on which the debt is based; or

(B) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based.


(5) In this subsection:

(A) The term "bonus or similar benefit" means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this subsection.

(B) The term "service", as used in paragraph (4)(B), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus or similar benefit offered by the Secretary of Defense or the Secretary concerned—

(i) to remain on active duty or in an active status in a reserve component;

(ii) to perform duty in a specified skill, with or without a specified qualification or credential;

(iii) to perform duty at a specified location; or

(iv) to perform duty for a specified period of time.

(Added Pub. L. 96–284, §5(a), June 28, 1980, 94 Stat. 592; amended Pub. L. 96–513, title V, §506(6), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 100–140, §2(b)(1), Oct. 26, 1987, 101 Stat. 831; Pub. L. 101–189, div. A, title VII, §§705(b), 706(b), Nov. 29, 1989, 103 Stat. 1472, 1473; Pub. L. 101–510, div. A, title VI, §611(d), title XIII, §1322(c)(2), title XIV, §1484(c)(1), Nov. 5, 1990, 104 Stat. 1577, 1672, 1716; Pub. L. 102–484, div. A, title X, §1054(a)(3), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 104–106, div. A, title VI, §614(b), Feb. 10, 1996, 110 Stat. 361; Pub. L. 104–201, div. A, title VI, §615(c)(3), Sept. 23, 1996, 110 Stat. 2546; Pub. L. 106–398, §1 [[div. A], title VI, §§628(b), 634(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-155, 1654A-159; Pub. L. 109–163, div. A, title VI, §687(a)(1), (e)(1), Jan. 6, 2006, 119 Stat. 3326, 3336; Pub. L. 110–317, §2(a), Aug. 29, 2008, 122 Stat. 3526; Pub. L. 110–417, [div. A], title VI, §651(a), (b), Oct. 14, 2008, 122 Stat. 4495; Pub. L. 111–84, div. A, title VI, §617(a), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title X, §1075(c)(1), Jan. 7, 2011, 124 Stat. 4372.)

References in Text

Section 225(e) of the Public Health Service Act, as that section was in effect before October 1, 1977, referred to in subsec. (b)(2)(B), is section 225(e) of act July 1, 1944, ch. 373, which was classified to section 234(e) of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 94–484, title IV, §408(b)(1), Oct. 12, 1976, 90 Stat. 2281, effective Oct. 1, 1977.

Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977, and August 13, 1981, referred to in subsec. (b)(2)(C), is section 752 of act July 1, 1944, ch. 373, title VII, as added Pub. L. 94–484, title IV, §408(b)(1), Oct. 12, 1976, 90 Stat. 2284; amended Pub. L. 95–626, title I, §113(b), Nov. 10, 1978, 92 Stat. 3563; Pub. L. 96–76, title II, §202(a), (b), Sept. 29, 1979, 93 Stat. 582, which was classified to section 294u of Title 42, The Public Health and Welfare. Section 752 was renumbered section 338B of act July 1, 1944, and amended, by Pub. L. 97–35, title XXVII, §2709(a), (c), Aug. 13, 1981, 95 Stat. 908, 909. It was subsequently renumbered section 338C of act July 1, 1944, and further amended, and is now classified to section 254m of Title 42.

Amendments

2011—Subsec. (e)(3)(B). Pub. L. 111–383 inserted "of" after "result".

2009—Subsec. (e)(1)(A). Pub. L. 111–84, §617(a)(1), substituted "paragraphs (2) and (3)" for "paragraph (2)".

Subsec. (e)(1)(B), (2). Pub. L. 111–84, §617(a)(5), redesignated subpar. (B), relating to sole survivorship discharge, as par. (2). Former par. (2) redesignated (3).

Subsec. (e)(3) to (5). Pub. L. 111–84, §617(a)(2)–(4), redesignated pars. (2) to (4) as (3) to (5), respectively, and, in par. (5)(B), substituted "paragraph (4)(B)" for "paragraph (3)(B)" in introductory provisions.

2008—Subsec. (e). Pub. L. 110–417, §651(a)(1), inserted "; Termination of Entitlement to Unpaid Amounts" after "Met" in heading.

Subsec. (e)(1). Pub. L. 110–417, §651(a)(2)(A), which directed substitution of "(A) Except as provided in paragraph (2), a member" for "A member", could not be executed because of prior amendment by 110–317. See below.

Pub. L. 110–317, §2(a)(1), substituted "(A) Except as provided in paragraph (2), a member" for "A member".

Subsec. (e)(1)(A). Pub. L. 110–417, §651(a)(2)(B), substituted "the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States" for "the requirements, except in certain circumstances authorized by the Secretary concerned".

Subsec. (e)(1)(B). Pub. L. 110–417, §651(a)(3), redesignated par. (2) as subpar. (B) of par. (1) relating to sole survivorship discharge.

Pub. L. 110–317, §2(a)(2), redesignated par. (2) as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e).

Subsec. (e)(2). Pub. L. 110–417, §651(b), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1) relating to sole survivorship discharge.

Pub. L. 110–317, §2(a)(3), added par. (2). Former par. (2) redesignated as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e).

2006—Pub. L. 109–163, §687(e)(1), substituted "Special pay: general provisions" for "Special pay: health professionals; general provisions" in section catchline.

Subsec. (e). Pub. L. 109–163, §687(a)(1), added subsec. (e).

2000—Pub. L. 106–398, §1 [[div. A], title VI, §628(b)], substituted "302j" for "302h" wherever appearing.

Subsecs. (b) to (d). Pub. L. 106–398, §1 [[div. A], title VI, §634(a)], added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

1996—Pub. L. 104–201 substituted "302h" for "302g" wherever appearing.

Pub. L. 104–106 substituted "302 through 302g," for "302, 302a, 302b, 302c, 302d, 302e," wherever appearing.

1992—Subsec. (b). Pub. L. 102–484 struck out "301d," after "such sections".

1990—Subsec. (a). Pub. L. 101–510, §§611(d), 1484(c)(1), inserted "301d," after "sections" and substituted "and 303" for "303, and 311".

Subsec. (b). Pub. L. 101–510, §611(d), inserted "301d," after "sections" wherever appearing.

Subsec. (c). Pub. L. 101–510, §§611(d), 1322(c)(2), 1484(c)(1), inserted "301d," after "sections", substituted "and 303" for "303, and 311", and struck out at end "A report shall be submitted to the Congress not later than September 30, 1982, of the results of the first such review, and a report shall be submitted to the Congress not later than September 30 of each second year thereafter on the results of the review for the preceding two-year period."

1989—Pub. L. 101–189 inserted "302d, 302e," after "302c," wherever appearing.

1987—Pub. L. 100–140 inserted "302c," after "302b," wherever appearing.

1980—Subsec. (a). Pub. L. 96–513, §506(6)(A), struck out reference to sections 302c and 313 of this title.

Subsec. (b). Pub. L. 96–513, §506(6)(B), (C), struck out reference to section 302c of this title and inserted reference to separation pay.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Organization and Employees.

Effective Date of 2006 Amendment

Pub. L. 109–163, div. A, title VI, §687(a)(2), Jan. 6, 2006, 119 Stat. 3327, as amended by Pub. L. 109–364, div. A, title X, §1071(e)(6), Oct. 17, 2006, 120 Stat. 2401, provided that: "In the case of a provision of law amended by subsection (b), (c), or (d) of this section [amending sections 301b, 301d, 301e, 302, 302a, 302b, 302d to 302h, 302j, 307a, 308, 308b, 308c, 308g to 308i, 309, 312, 312b, 314 to 319, and 321 to 327 of this title, sections 510, 2005, 2007, 2105, 2123, 2130a, 2173, 2200a, 4348, 6959, 9348, 16135, 16203, 16303, and 16401 of Title 10, Armed Forces, and section 182 of Title 14, Coast Guard], paragraph (3) of subsection (e) of section 303a of title 37, United States Code, as added by this subsection, shall apply to any case commenced under title 11, United States Code, after March 30, 2006."

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–140 effective Oct. 26, 1987, and applicable to pay periods beginning on or after such date, see section 2(c) of Pub. L. 100–140, set out as an Effective Date note under section 302c of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

§303b. Waiver of board certification requirements

(a) Certification Interrupted by Contingency Operation.—A member of the armed forces described in subsection (b) who completes the board certification or recertification requirements specified in section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title before the end of the period established for the member in subsection (c) shall be paid special pay under the applicable section for active duty performed during the period beginning on the date on which the member was assigned to duty in support of a contingency operation and ending on the date of that certification or recertification if the Secretary of Defense determines that the member was unable to schedule or complete that certification or recertification earlier because of that duty.

(b) Eligible Members Described.—A member of the armed forces referred to in subsection (a) is a member who—

(1) is a medical or dental officer or a nonphysician health care provider;

(2) has completed any required residency training; and

(3) was, except for the board certification requirement, otherwise eligible for special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title during a duty assignment in support of a contingency operation.


(c) Period for Certification.—The period referred to in subsection (a) for completion of board certification or recertification requirements with respect to a member of the armed forces is the 180-day period (extended for such additional time as the Secretary of Defense determines to be appropriate) beginning on the date on which the member is released from the duty to which the member was assigned in support of a contingency operation.

(Added Pub. L. 102–190, div. A, title VI, §635(a), Dec. 5, 1991, 105 Stat. 1382.)

Operation Desert Storm Duty Assignments

Pub. L. 102–25, title III, §305, Apr. 6, 1991, 105 Stat. 82, provided that:

"(a) Certification Interrupted by Operation Desert Storm.—A member of the Armed Forces described in subsection (b) who completes the board certification or recertification requirements specified in section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of title 37, United States Code, before the end of the period established for the member in subsection (c) shall be paid special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of such title (whichever applies) for active duty performed after November 5, 1990, and before the date of that certification and recertification if the Secretary of Defense determines that the member was unable to schedule or complete that certification or recertification earlier because of a duty assignment in connection with Operation Desert Storm.

"(b) Eligible Members Described.—A member of the Armed Forces referred to in subsection (a) is a member who—

"(1) is a medical or dental officer or a nonphysician health care provider;

"(2) has completed any required residency training; and

"(3) was, except for the board certification requirement, otherwise eligible for special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of such title during the duty assignment in connection with Operation Desert Storm.

"(c) Period for Certification.—The period referred to in subsection (a) for completion of board certification or recertification requirements with respect to a member of the Armed Forces is the 180-day period (extended for such additional time as the Secretary of Defense determines to be appropriate) beginning on the date that the member is released from the duty to which the member was assigned in connection with Operation Desert Storm."

§304. Special pay: diving duty

(a) Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is entitled to basic pay is entitled to special pay, in the amount set forth in subsection (b), for periods during which the member—

(1) is assigned by orders to the duty of diving;

(2) is required to maintain proficiency as a diver by frequent and regular dives; and

(3) either—

(A) actually performs diving duty while serving in an assignment for which diving is a primary duty; or

(B) meets the requirements to maintain proficiency as described in paragraph (2) while serving in an assignment that includes diving duty other than as a primary duty.


(b) Special pay payable under subsection (a) shall be paid at a rate of not more than $240 a month, in the case of an officer, and at a rate of not more than $340 a month, in the case of an enlisted member.

(c) If, in addition to diving duty, a member is assigned by orders to one or more hazardous duties described in section 301 of this title, the member may be paid, for the same period of service, special pay under this section and incentive pay under such section 301 for each hazardous duty for which the member is qualified.

(d)(1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when a member of the National Guard or a reserve component of a uniformed service who is entitled to compensation under section 206 of this title performs diving duty, pursuant to orders, such member is entitled to an increase in compensation equal to 1/30 of the monthly special pay prescribed by the Secretary concerned for the performance of diving duty by a member of comparable diving classification who is entitled to basic pay under section 204 of this title. Such member is entitled to the increase—

(A) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; or

(B) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe under section 206(a) of this title.


(2) This subsection does not apply to a member who is entitled to basic pay under section 204 of this title.

(e) In time of war, the President may suspend the payment of diving duty pay.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 97–60, title I, §115, Oct. 14, 1981, 95 Stat. 995; Pub. L. 100–180, div. A, title VI, §624(a), Dec. 4, 1987, 101 Stat. 1103; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105–261, div. A, title VI, §616(a), Oct. 17, 1998, 112 Stat. 2041; Pub. L. 106–65, div. A, title VI, §617(a), (b), Oct. 5, 1999, 113 Stat. 652.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
304(a)

304(b)

37:236(a), (b).

37:236(c).

Oct. 12, 1949, ch. 681, §205, 63 Stat. 810; Mar. 31, 1955, ch. 20, §2(8)–(10), 69 Stat. 21; Aug. 17, 1961, Pub. L. 87–145, §1, 75 Stat. 382.

In subsection (a), the last sentence is substituted for section 236(b) of existing title 37. The word "competent" is omitted as surplusage.

Amendments

1999—Subsec. (b). Pub. L. 106–65, §617(a), substituted "$240" for "$200" and "$340" for "$300".

Subsec. (c). Pub. L. 106–65, §617(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "A member may be paid special pay under this section and incentive pay under section 301 of this title for the same period of service only if the member is assigned by orders to a hazardous duty described in section 301(a) of this title in addition to diving duty. However, if a member is paid special pay under this section, the member is not entitled to more than one payment of incentive pay under section 301 of this title."

1998—Subsec. (a)(3). Pub. L. 105–261 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "actually performs diving duty."

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

Subsec. (b). Pub. L. 102–25 struck out "of this section" after "subsection (a)".

1987—Subsecs. (d), (e). Pub. L. 100–180 added subsec. (d) and redesignated former subsec. (d) as (e).

1981—Pub. L. 97–60 revised provisions of subsec. (a) into new subsecs. (a), (b), and (c), redesignated subsec. (b) as (d), and, in provisions of subsec. (a) as revised, added to enumeration of conditions attached to entitlement to special pay requirement that the member maintain proficiency as a diver by frequent and regular dives, substituted a rate of $200 a month for officers and $300 a month for enlisted men for former rate of $110 a month for all members, and inserted provisions authorizing payment of both special pay under this section and incentive pay under section 301 of this title in specified circumstances.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, §617(c), Oct. 5, 1999, 113 Stat. 652, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to special pay paid under such section for months beginning on or after that date."

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title VI, §616(b), Oct. 17, 1998, 112 Stat. 2041, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1998, and shall apply with respect to months beginning on or after that date."

Effective Date of 1987 Amendment

Pub. L. 100–180, div. A, title VI, §624(b), Dec. 4, 1987, 101 Stat. 1104, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the first day of the fourth calendar month following the month in which this Act is enacted [Dec. 1987] and shall apply only with respect to diving duty performed on or after that date."

§305. Special pay: hardship duty pay

(a) Special Pay Authorized.—A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty that is designated by the Secretary of Defense as hardship duty.

(b) Payment on Monthly or Lump Sum Basis.—Special pay payable under this section may be paid on a monthly basis or in a lump sum.

(c) Maximum Rate or Amount.—(1) The monthly rate of special pay payable to a member under this section may not exceed $1,500.

(2) The amount of the lump sum payment of special pay payable to a member under this section may not exceed the product of—

(A) the maximum monthly rate in effect under paragraph (1) at the time the member qualifies for payment of special pay under this section; and

(B) the number of months during which the member will be performing the designated hardship duty.


(d) Relationship to Other Pay and Allowances.—Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.

(e) Repayment.—A member who is paid special pay in a lump sum under this section, but who fails to perform the designated hardship duty during the months included in the calculation of the amount of the lump sum under subsection (c)(2), shall be subject to the repayment provisions of section 303a(e) of this title.

(f) Regulations.—The Secretary of Defense shall prescribe regulations for the payment of hardship duty pay under this section, including the specific monthly rates at which the special pay will be available.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88–132, §12(a), Oct. 2, 1963, 77 Stat. 217; Pub. L. 90–623, §3(4), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 95–485, title VIII, §804(b)(1), Oct. 20, 1978, 92 Stat. 1620; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105–85, div. A, title VI, §619(a)–(c)(1), Nov. 18, 1997, 111 Stat. 1789, 1790; Pub. L. 105–261, div. A, title VI, §617(a), (c)(1), Oct. 17, 1998, 112 Stat. 2041; Pub. L. 109–163, div. A, title VI, §627, Jan. 6, 2006, 119 Stat. 3296; Pub. L. 110–181, div. A, title VI, §617, Jan. 28, 2008, 122 Stat. 150.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
305(a) 37:237. Oct. 12, 1949, ch. 681, §206, 63 Stat. 811; May 20, 1958, Pub. L. 85–422, §1(7), 72 Stat. 125.
305(b) 37:237a. June 30, 1954, ch. 432, §729, 68 Stat. 355.

In subsection (a), the words "Except as provided by subsection (b) of this section" are inserted for clarity. The words "is also . . . entitled" are substituted for the words "shall, in addition thereto . . . be entitled". The words "any place outside the United States, or in Alaska or Hawaii" are substituted for the words "beyond the continental limits of the United States or in Alaska", since, under the source statute, Hawaii was beyond the continental limits of the United States, and the United States, as defined in section 101(1) of this revised title, would otherwise include Alaska and Hawaii. This interpretation conforms to the opinion of the Comptroller General, B–138956, April 20, 1959 (38 Comp. Gen. 710).

In subsection (b), the words "Appropriation of" are substituted for the words "of the funds appropriated to" The words "may not be paid" are substituted for the words "no part . . . shall be available for the payment" The words "member of a uniformed service" are substituted for the words "person in the military service" to conform to subsection (a). The words "Puerto Rico" are inserted for clarity, since the source statute was applicable to that place. The words "Virgin Islands" are inserted, since that unincorporated territory is not covered by the word "possession". The word "Territory" is omitted as obsolete.

Amendments

2008—Pub. L. 110–181 amended section generally. Prior to amendment, text read as follows:

"(a) Special Pay Authorized.—A member of a uniformed service who is entitled to basic pay may be paid special pay under this section at a monthly rate not to exceed $750 while the member is performing duty in the United States or outside the United States that is designated by the Secretary of Defense as hardship duty.

"(b) Regulations.—The Secretary of Defense shall prescribe regulations for the provision of hardship duty pay under subsection (a), including the specific monthly rates at which the special pay will be available."

2006—Subsec. (a). Pub. L. 109–163 substituted "$750" for "$300".

1998—Pub. L. 105–261, §617(c)(1), struck out "location" after "duty" in section catchline.

Subsec. (a). Pub. L. 105–261, §617(a)(1), substituted "performing duty in the United States or outside the United States that is designated by the Secretary of Defense as hardship duty." for "on duty at a location in the United States or outside the United States designated by the Secretary of Defense as a hardship duty location."

Subsec. (b). Pub. L. 105–261, §617(a)(4), redesignated subsec. (d) as (b).

Pub. L. 105–261, §617(a)(2), struck out heading and text of subsec. (b). Text read as follows: "Appropriations of the Department of Defense may not be paid, as hardship duty location pay under subsection (a), to a member of a uniformed service who is a resident of a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country, as the case may be."

Subsec. (c). Pub. L. 105–261, §617(a)(2), struck out heading and text of subsec. (c). Text read as follows: "A member receiving special pay under section 305a of this title may not be paid hardship duty location pay under subsection (a) for the same period of service."

Subsec. (d). Pub. L. 105–261, §617(a)(4), redesignated subsec. (d) as (b).

Pub. L. 105–261, §617(a)(3), substituted "hardship duty pay" for "hardship duty location pay".

1997—Pub. L. 105–85, §619(c)(1), substituted "hardship duty location pay" for "while on duty at certain places" in section catchline.

Subsec. (a). Pub. L. 105–85, §619(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Except as provided by subsections (b) and (c), under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay may, while on duty at a designated place outside the 48 contiguous States and the District of Columbia, be paid special pay at the following monthly rates:

 
Pay gradeMonthly rate
E–9 $22.50 
E–8 22.50 
E–7 22.50 
E–6 20.00 
E–5 16.00 
E–4 13.00 
E–3 9.00 
E–2 8.00 
E–1 8.00."

Subsec. (b). Pub. L. 105–85, §619(b)(1), inserted heading and substituted "as hardship duty location pay" for "as foreign duty pay" in text.

Subsec. (c). Pub. L. 105–85, §619(b)(2), inserted heading and substituted "hardship duty location pay under subsection (a)" for "special pay under this section" in text.

Subsec. (d). Pub. L. 105–85, §619(b)(3), added subsec. (d).

1991—Subsec. (a). Pub. L. 102–25 struck out "of this section" after "subsections (b) and (c)".

Subsec. (b). Pub. L. 102–25 struck out "of this section" after "subsection (a)".

1978—Pub. L. 95–485, §804(b)(1)(C), substituted "on duty" for "on sea duty or duty" in section catchline.

Subsec. (a). Pub. L. 95–485, §804(b)(1)(A), inserted reference to subsec. (c) of this section and struck out provision entitling an enlisted member of a uniformed service who is entitled to basic pay to special pay while on sea duty.

Subsec. (c). Pub. L. 95–485, §804(b)(1)(B), added subsec. (c).

1968—Subsec. (a)(2). Pub. L. 90–623 substituted "48 contiguous States" for "contiguous 48 States".

1963—Pub. L. 88–132 substituted "while on sea duty or duty at certain places" for "sea and foreign duty" in section catchline.

Subsec. (a). Pub. L. 88–132 designated existing provisions as cl. (1) and substituted provisions of cl. (2) permitting special pay for an enlisted member of a uniformed service while on duty at a designated place outside the contiguous 48 States and the District of Columbia for former provision entitling such member to special pay while on duty in any place outside the United States, or in Alaska or Hawaii.

Subsec. (b). Pub. L. 88–132 substituted "a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country" for "Alaska, Hawaii, Puerto Rico, the Virgin Islands, or a possession, unless that member is serving in an area outside Alaska, Hawaii, the Virgin Islands, or a possession, of which he is a resident".

Effective Date of 1978 Amendment

Pub. L. 95–485, title VIII, §804(b)(3), Oct. 20, 1978, 92 Stat. 1621, provided that: "The amendments made by this subsection [amending this section] shall take effect on October 1, 1978."

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 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of this title.

Savings Provision

Pub. L. 88–132, §12(b), Oct. 2, 1963, 77 Stat. 218, provided that: "Notwithstanding subsection (a) [amending this section], an enlisted member who, on the day before the effective date of this Act [Oct. 1, 1963], was permanently assigned to duty at a place outside the United States or in Alaska or Hawaii, shall, during the remaining period of that assignment, but not after that place is designated for the purpose of section 305(a)(2) of title 37, United States Code, be paid the basic pay to which he was entitled on that date plus special pay under section 305 of title 37, United States Code, whenever qualified thereunder as that section was in effect on the day before the effective date of this Act, if the total of that basic pay and that special pay is more than the basic pay to which he would otherwise be entitled during that period under section 2 of this Act [amending section 203 of this title]."

Transition Provision

Pub. L. 105–85, div. A, title VI, §619(e), Nov. 18, 1997, 111 Stat. 1790, provided that: "Until such time as the Secretary of Defense prescribes regulations regarding the provision of hardship duty location pay under section 305 of title 37, United States Code, as amended by this section, the Secretary may continue to use the authority provided by such section 305, as in effect on the day before the date of the enactment of this Act [Nov. 18, 1997], to provide special pay to enlisted members of the uniformed services on duty at certain places."

Sea Duty Performed Between October 1, 1978, and September 30, 1981

Pub. L. 95–485, title VIII, §804(c), Oct. 20, 1978, 92 Stat. 1621, provided that: "Any individual who on September 30, 1978, is an enlisted member of a uniformed service shall be eligible to receive special pay under section 305(a)(1) of title 37, United States Code, as in effect on September 30, 1978, for any period of sea duty performed by such individual during the period beginning on October 1, 1978, and ending on September 30, 1981, for which such individual does not receive special pay under section 305a of such title (as added by subsection (a))."

Executive Order No. 10168

Ex. Ord. No. 10168, Oct. 11, 1950, 15 F.R. 6877, as amended by Ex. Ord. No. 10821, May 20, 1959, 24 F.R. 4123; Ex. Ord. No. 10989, Jan. 23, 1962, 27 F.R. 727; Ex. Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631, which concerned regulations relating to special pay for sea duty and duty at certain places, was revoked by Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, formerly set out as a note under section 301 of this title.

§305a. Special pay: career sea pay

(a) Availability of Special Pay.—A member of a uniformed service who is entitled to basic pay is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b).

(b) Rates; Maximum.—The Secretary concerned shall prescribe the monthly rates for special pay applicable to members of each armed force under the Secretary's jurisdiction. No monthly rate may exceed $750.

(c) Premium.—A member of a uniformed service entitled to career sea pay under this section who has served 36 consecutive months of sea duty is also entitled to a career sea pay premium for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. The monthly amount of the premium shall be prescribed by the Secretary concerned, but may not exceed $350.

(d) Regulations.—The Secretary concerned shall prescribe regulations for the administration of this section for the armed force or armed forces under the jurisdiction of the Secretary. The entitlements under this section shall be subject to the regulations.

(e) Definition of Sea Duty.—(1) In this section, the term "sea duty" means duty performed by a member—

(A) while permanently or temporarily assigned to a ship and—

(i) while serving on a ship the primary mission of which is accomplished while under way;

(ii) while serving as a member of the off-crew of a two-crewed submarine;

(iii) while serving as a member of a tender-class ship (with the hull classification of submarine or destroyer); or

(iv) while serving as an off-cycle crewmember of a multi-crewed ship; or


(B) while permanently or temporarily assigned to a ship and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport.


(2) The Secretary concerned may designate duty performed by a member while serving on a ship the primary mission of which is accomplished either while under way or in port as "sea duty" for purposes of this section, even though the duty is performed while the member is permanently or temporarily assigned to a ship-based staff or other unit not covered by paragraph (1).

(3) For the purpose of determining the years of sea duty with which a member may be credited for purposes of this section, the term "sea duty" also includes duty performed after December 31, 1988, by a member while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship on which the member would be entitled, during a period that the ship is away from its homeport, to receive sea pay by reason of paragraph (1)(B).

(4) A ship shall be considered to be away from its homeport for purposes of this subsection when it is—

(A) at sea; or

(B) in a port that is more than 50 miles from its homeport.

(Added Pub. L. 95–485, title VIII, §804(a)(1), (2), Oct. 20, 1978, 92 Stat. 1620; amended Pub. L. 96–343, §3(a), (b), Sept. 8, 1980, 94 Stat. 1124; Pub. L. 96–579, §4(a), Dec. 23, 1980, 94 Stat. 3364; Pub. L. 97–60, title I, §116, Oct. 14, 1981, 95 Stat. 996; Pub. L. 97–295, §3(1), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 98–525, title VI, §623(a), Oct. 19, 1984, 98 Stat. 2541; Pub. L. 99–145, title VI, §634(a), Nov. 8, 1985, 99 Stat. 647; Pub. L. 100–26, §8(e)(5), Apr. 21, 1987, 101 Stat. 286; Pub. L. 100–180, div. A, title VI, §621(a)–(c), Dec. 4, 1987, 101 Stat. 1097, 1099; Pub. L. 100–224, §5(a)(1), Dec. 30, 1987, 101 Stat. 1538; Pub. L. 100–456, div. A, title XII, §1233(b)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 101–189, div. A, title VI, §653(b), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title XI, §1111(d)(3), Dec. 5, 1991, 105 Stat. 1492; Pub. L. 104–106, div. A, title VI, §618, Feb. 10, 1996, 110 Stat. 362; Pub. L. 105–85, div. A, title VI, §620, Nov. 18, 1997, 111 Stat. 1790; Pub. L. 106–398, §1 [[div. A], title VI, §630(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-156; Pub. L. 110–181, div. A, title VI, §618, Jan. 28, 2008, 122 Stat. 151.)

Amendments

2008—Subsec. (e)(1)(A)(iv). Pub. L. 110–181 added cl. (iv).

2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title VI, §630(a)(1)], inserted heading and substituted "A member" for "Under regulations prescribed by the President, a member" in text.

Subsec. (b). Pub. L. 106–398, §1 [[div. A], title VI, §630(a)(3)], added subsec. (b) and struck out former subsec. (b) which contained tables specifying the monthly rates for special pay under subsec. (a) for enlisted members, warrant officers, and commissioned officers.

Subsec. (c). Pub. L. 106–398, §1 [[div. A], title VI, §630(a)(3)], added subsec. (c) and struck out former subsec. (c) which read as follows: "Under regulations prescribed by the President, a member of a uniformed service who is entitled to career sea pay under this section who has served 36 consecutive months of sea duty (other than an enlisted member in a pay grade above E–4 with more than five years of sea duty) is entitled to a career sea pay premium of $100 a month for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member."

Subsec. (d). Pub. L. 106–398, §1 [[div. A], title VI, §630(a)(3)], added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 106–398, §1 [[div. A], title VI, §630(a)(2), (b)], redesignated subsec. (d) as (e) and inserted heading.

1997—Subsec. (d)(1)(A). Pub. L. 105–85, §620(1), struck out ", ship-based staff, or ship-based aviation unit" after "assigned to a ship".

Subsec. (d)(1)(B). Pub. L. 105–85, §620(2), struck out "or ship-based staff" after "assigned to a ship".

Subsec. (d)(2) to (4). Pub. L. 105–85, §620(3), (4), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

1996—Subsec. (d)(1)(A). Pub. L. 104–106 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while under way or while serving as a member of the off-crew of a two-crewed submarine; or".

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

Subsec. (b). Pub. L. 102–190, in table pertaining to warrant officers, added provisions relating to pay grade W–5 in three places.

1989—Subsec. (b). Pub. L. 101–189 inserted "COMMISSIONED" before "OFFICERS" in heading of table relating to officers in pay grades O–1 through O–6.

1988—Subsec. (d)(2). Pub. L. 100–456 substituted "after December 31, 1988," for "on or after the effective date specified in section 621(e)(1) of the National Defense Authorization Act for Fiscal Year 1988".

1987—Subsec. (b). Pub. L. 100–224 substituted "Over 14" for "Over 13" in table relating to warrant officers.

Pub. L. 100–180, §621(a), in amending subsec. (b) generally, struck out "of this section" after "subsection (a)" in introductory provisions and amended table pertaining to enlisted members so as to reflect downward adjustment in monthly special pay rates for persons in pay grade E–4 having over 2 years of sea duty and for persons in pay grades E–5 through E–9 having less than 5 years of sea duty, and amended table so as to reflect upward adjustment for persons in pay grades E–5 through E–9 having over 5 years of sea duty, amended table pertaining to warrant officers so as to reflect upward adjustment for persons in pay grades W–1 through W–3 having over 9 years of sea duty and for persons in pay grade W–4 having over 10 years of sea duty, and in table pertaining to officers for pay grade O–4 substituted "220" for "215" in the column for "Over 8".

Subsec. (c). Pub. L. 100–180, §621(b), inserted "(other than an enlisted member in a pay grade above E–4 with more than five years of sea duty)" after first reference to "sea duty".

Subsec. (d). Pub. L. 100–180, §621(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "In this section, the term 'sea duty' means duty performed by a member—

"(1) while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while underway or while serving as a member of the off crew of a two-crewed submarine; or

"(2) while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport for 30 consecutive days or more.

A ship is considered away from its homeport for purposes of clause (2) of the first sentence when it is at sea or in a port that is more than 50 miles from its homeport."

Pub. L. 100–26 substituted "In this section," for "For the purposes of this section,".

1985—Subsec. (b). Pub. L. 99–145 amended table for warrant officers for pay grade W–3 by substituting "330" for "310" in column for "Over 12", and for pay grade W–4, substituted "320" for "310" in column for "Over 10", substituted "330" for "310" in column for "Over 11", and "350" for "310" in column for "Over 12", inserted columns for "Over 14", "Over 16", "Over 18", and "Over 20", and in table for commissioned officers inserted columns for "Over 14", "Over 16", "Over 18", and "Over 20", and struck out the subscript qualifier for pay grades O–1 and O–2, which read: "Commissioned officers with at least four years of active service as enlisted members or as noncommissioned warrant officers".

1984—Subsec. (b). Pub. L. 98–525 amended table relating to rates of pay for enlisted members by substituting "265" for "255" and "320" for "310" in column for "Over 10", "265" for "255" and "330" for "310" in column for "Over 11", "280" for "255", "320" for "310", and "350" for "310" in column for "Over 12", and inserted columns for "Over 13", "Over 14", "Over 16", and "Over 18".

1982—Subsec. (d). Pub. L. 97–295 substituted "clause (2)" for "clause (B)" after "for purposes of".

1981—Subsec. (d)(1). Pub. L. 97–60 inserted provisions relating to service as a member of the off crew of a two-crewed submarine.

1980—Subsec. (a). Pub. L. 96–579 substituted provision declaring a member of a uniformed service entitled to basic pay as eligible for special pay for prior provision for eligibility to such pay of an enlisted member of a uniformed service entitled to basic pay, in pay grade E–4 or above, with three years of sea duty.

Subsec. (b). Pub. L. 96–579 substituted special monthly pay table for enlisted members, warrant officers, and commissioned officers for prior special monthly rate for enlisted members for sea duty above prescribed number of years: $29, 3 yrs.; $40, 5 yrs.; $52, 7 yrs.; $63, 9 yrs.; $75, 10 yrs.; $86, 11 yrs.; and $115, 12 yrs.

Pub. L. 96–343 substituted provision authorizing monthly rates of special pay of $29 for over 3 years, $40 for over 5 years, $52 for over 7 years, $63 for over 10 years, $86 for over 11 years, and $115 for over 12 years for provision authorizing monthly rates of special pay during fiscal year 1979 or 1980 of $25 for over 3 years, $35 for over 5 years, and $55 for over 12 years and for fiscal year 1981 rates of $25 for over 3 years, $35 for over 5 years, $45 for over 7 years, and $55 for over 12 years.

Subsecs. (c), (d). Pub. L. 96–579 added subsecs. (c) and (d).

Effective Date of 2000 Amendment

Pub. L. 106–398, §1 [[div. A], title VI, §630(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-156, provided that: "The amendments made by this section [amending this section] shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date."

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces.

Effective Date of 1987 Amendment; Save Pay; Definitions

Pub. L. 100–180, div. A, title VI, §621(d)–(f), Dec. 4, 1987, 101 Stat. 1100, provided that:

"(d) Save Pay.—A member of the uniformed services who at any time during the three-month period ending on the day before the effective date applicable to that member under subsection (e) for the new rates of career sea pay is entitled to career sea pay at a rate that is higher than the rate established under such new rates for the member's pay grade and years of sea duty shall be paid such special pay, when entitled to receive it, at such higher rate until the member is permanently reassigned to duty for which the member is not entitled to such special pay. In the case of a member covered by the preceding sentence who is reduced in grade under the Uniform Code of Military Justice (chapter 47 of title 10, United States Code), the old rate of career sea pay applicable to such member under the preceding sentence which may be paid in lieu of the rate applicable to the member under the new rates of career sea pay shall be the rate under the old rates of career sea pay for the member's pay grade as so reduced and the member's years of sea duty.

"(e) Effective Date.—(1) Except as provided under paragraph (2), the amendments made by this section [amending this section] shall take effect on the first day of the first month beginning after the date of the enactment of this Act [Dec. 4, 1987] and shall apply with respect to duty performed on or after that date.

"(2) The new rates of career sea pay that are applicable to enlisted members in pay grades above pay grade E-4 who have five or more years of sea duty and the amendment made by subsection (b) [amending this section] shall take effect on the first day of the fourth month beginning after the effective date specified under paragraph (1). In the case of such members, the old rates of career sea pay shall remain in effect until the new rates take effect under the preceding sentence.

"(f) Definitions.—For purposes of subsections (d) and (e):

"(1) The term 'career sea pay' means special pay under section 305a of title 37, United States Code.

"(2) The term 'old rates', with respect to career sea pay, means the rates of such pay in effect on the date of the enactment of this Act [Dec. 4, 1987].

"(3) The term 'new rates', with respect to career sea pay, means the rates of such pay provided by the amendment made by subsection (a) [amending this section]."

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §634(b), Nov. 8, 1985, 99 Stat. 647, provided that: "The amendment made by this section [amending this section] shall take effect on October 1, 1985."

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, §623(c), Oct. 19, 1984, 98 Stat. 2542, provided that: "The amendments made by this section [amending this section and section 307 of this title] shall take effect on October 1, 1984."

Effective Date of 1980 Amendments

Pub. L. 96–579, §4(b), Dec. 23, 1980, 94 Stat. 3366, provided: "The amendment made by this section [amending this section] shall be effective with respect to special pay payable under section 305a of title 37, United States Code, for months after the month in which this section is enacted [December 1980]."

Pub. L. 96–343, §3(c), Sept. 8, 1980, 94 Stat. 1124, provided that: "The amendments made by this section [amending this section and repealing section 804(a)(2) of Pub. L. 95–485, formerly set out as a note below] shall be effective with respect to special pay payable under section 305a of title 37, United States Code, for months after August 1980."

Effective Date

Pub. L. 95–485, title VIII, §804(a)(1), Oct. 20, 1978, 92 Stat. 1620, provided that this section is effective Oct. 1, 1978.

Repeals

Pub. L. 95–485, title VIII, §804(a)(2), Oct. 20, 1978, 92 Stat. 1620, which amended subsec. (b) of this section effective Oct. 1, 1981, to provide for monthly rates of special pay of $25 for over 3 years, $35 for over 5 years, $45 for over 7 years, $55 for over 9 years, $65 for over 10 years, $75 for over 11 years, and $100 for over 12 years was repealed by Pub. L. 96–343, §3(b), Sept. 8, 1980, 94 Stat. 1124.

Determination of Amount of Sea Credit; Periods Prior to October 1, 1978

Pub. L. 95–485, title VIII, §804(a)(3), Oct. 20, 1978, 92 Stat. 1620, provided that: "In determining the amount of sea duty to be credited to an enlisted member of a uniformed service for purposes of section 305a of title 37, United States Code (as added by paragraph (1)), the Secretary concerned shall credit such member with all periods of service by such member before October 1, 1978, during which such member served in a sea duty status."

§305b. Special pay: service as member of Weapons of Mass Destruction Civil Support Team

(a) Special Pay Authorized.—The Secretary of a military department may pay special pay under this subsection to members of an armed force under the jurisdiction of the Secretary who are entitled to basic pay under section 204 and are assigned by orders to duty as members of a Weapons of Mass Destruction Civil Support Team if the Secretary determines that the payment of such special pay is needed to address recruitment or retention concerns in that armed force.

(b) Monthly Rate.—The monthly rate of special pay under subsection (a) may not exceed $150.

(c) Inclusion of Reserve Component Members Performing Inactive Duty Training.—(1) To the extent funds are made available to carry out this subsection, the Secretary of a military department may pay the special pay under subsection (a) to members of a reserve component of the armed forces who are entitled to compensation under section 206 of this title and who perform duty under orders as members of a Weapons of Mass Destruction Civil Support Team.

(2) The amount of the special pay for a member referred to in paragraph (1) shall be equal to 1/30 of the monthly special pay rate in effect under subsection (b) for each day on which the member performs duty under orders as members of a Weapons of Mass Destruction Civil Support Team.

(d) Regulations.—Special pay under this section shall be provided in accordance with regulations prescribed by the Secretary of Defense.

(e) Definition.—In this section, the term "Weapons of Mass Destruction Civil Support Team" means a team of members of the reserve components of the armed forces that is established under section 12310(c) of title 10 in support of emergency preparedness programs to prepare for or to respond to any emergency involving the use of a weapon of mass destruction.

(Added Pub. L. 108–136, div. A, title VI, §624(a), Nov. 24, 2003, 117 Stat. 1505.)

§306. Special pay: officers holding positions of unusual responsibility and of critical nature

(a)(1) The Secretary concerned may designate positions of unusual responsibility which are of a critical nature to an armed force under his jurisdiction and may pay special pay, in addition to other pay prescribed by law, to an officer of an armed force described in paragraph (2) who is performing the duties of such a position, at the following monthly rates:

 
Pay GradeMonthly Rate
O–6 $150
O–5 100
O–4 and below 50

(2) An officer of the armed forces referred to in paragraph (1) is an officer who is entitled to the basic pay under section 204 of this title, or the compensation under section 206 of this title, of pay grade O–6 or below.

(b) If an officer entitled to compensation under section 206 of this title is paid special pay under subsection (a) for the performance of duties in a position designated under such subsection, the special pay shall be paid at the rate of 1/30 of the monthly rate authorized by such subsection for each day of the performance of duties in the designated position.

(c) The Secretary concerned shall prescribe the criteria and circumstances under which officers of an armed force under his jurisdiction are eligible for special pay under this section and, when he considers it necessary, may abolish that special pay.

(d)(1) Not more than 5 percent of the number of officers on active duty (other than for training or mobilization in support of a contingency operation) in an armed force in each of the pay grades O–3 and below, and not more than 10 percent of the number of officers on active duty in an armed force in pay grade O–4, O–5, or O–6, may be paid special pay under this section.

(2) Of the number of officers in the Selected Reserve of the Ready Reserve of an armed force who are not on active duty (other than for training or mobilization in support of a contingency operation), not more than 5 percent of the number of such officers in each of the pay grades O–3 and below, and not more than 10 percent of the number of such officers in pay grade O–4, O–5, or O–6, may be paid special pay under subsection (b).

(e) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.

(f) This section does not apply to a person who is entitled to special pay under section 302, 302a, 302b, or 303 of this title.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 466; Pub. L. 90–623, §3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–284, §6, June 28, 1980, 94 Stat. 593; Pub. L. 96–470, title II, §202(b), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 97–322, title I, §116, Oct. 15, 1982, 96 Stat. 1586; Pub. L. 101–510, div. A, title XIII, §1322(c)(3), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–587, title V, §5205, Nov. 4, 1992, 106 Stat. 5074; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title VI, §616, Nov. 24, 2003, 117 Stat. 1502.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
306(a) 37:241(a) (less last sentence). Oct. 12, 1949, ch. 681, §210; added May 20, 1958, Pub. L. 85–422, §1(8), 72 Stat. 126.
306(b) 37:241(a) (last sentence).
306(c) 37:241(b).
306(d) 37:241(c).
306(e) 37:241(d).
306(f) 37:241(e).

In subsection (a), the words "an armed force under his jurisdiction" are substituted for the words "the service concerned" in the first sentence of section 241(a) of existing title 37 to conform to the last sentence of that subsection.

In subsection (c), the words "(other than for training)" are inserted for clarity, since members on duty for training only are not included in computing strength authorizations.

Amendments

2003—Subsec. (a). Pub. L. 108–136, §616(a)(1), designated existing provisions as par. (1), substituted "described in paragraph (2)" for "who is entitled to the basic pay of pay grade O–6 or below and", and added par. (2).

Subsec. (b). Pub. L. 108–136, §616(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 108–136, §616(a)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 108–136, §616(b), designated existing provisions as par. (1), inserted "or mobilization in support of a contingency operation" after "training", and added par. (2).

Pub. L. 108–136, §616(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) red